The City of Lubbock, Texas and its officers and employees.
The City of Lubbock City Engineer or his or her designee.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
The City of Lubbock, Texas Public Right-of-Way Communication
Facilities Design Manual. The design manual is incorporated by reference
into this article and the terms and conditions of the design manual
are binding upon any entity acting under any portion of this article.
In the event of any discrepancy or ambiguity between this article,
this code, or the design manual, the design manual will control.
Shall mean, but is not limited to, any person, business,
company, agency, or other group or individual, whether or not formally
established, that acts or affects any activity contemplated under
this article.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes,
but is not limited to: Equipment associated with wireless communications;
a radio transceiver, an antenna, a battery-only backup power supply,
or comparable equipment, regardless of technological configuration;
and Coaxial or Fiber-optic cable that is immediately adjacent to and
directly associated with a particular collocation. The term does not
include: an electric generator; a pole; or a macro tower.
A pole installed by a network provider for the primary purpose
of supporting a network node.
A new wireless communication facility permit issued by the
city authorizing the installation, removal, modification, or other
work in accordance with the design manual.
A service pole, municipally owned utility pole, node support
pole, or utility pole.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or waterway. The term does not include a private
easement, private property, publicly-owned property, or the airwaves
above the city’s right-of-way with regard to wireless telecommunications.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
The design manual is incorporated by reference into this article,
and the terms and conditions of the design manual are binding upon
any entity acting under any portion of this article. In the event
of any discrepancy or ambiguity between this article, this code, the
design manual, or chapter 284 of the Texas Local Government Code,
the later shall control.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
(a)
Any entity that violates any provision of this article shall be guilty of a misdemeanor in accordance with section 1.01.004 of the Code of Ordinances and upon conviction shall be subject to a fine not to exceed the amount specified by state law for such offenses. Each day of such violation shall constitute a separate offense. Said penalty is cumulative, and not exclusive, of any other rights or remedies the city may have.
(b)
Any entity who shall perform work on or about a public ROW and who
shall violate any provision of this article shall cause said work
to be subject to a cease work order and revocation of permit or civil
legal remedies as provided by this article.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
It shall be unlawful for any entity to engage in the installation,
modification, or repair of a network node, node support pole, pole,
or other wireless communication facility that will encroach upon or
be located in, on, or within a street, alley, or other public ROW
within the city without having first obtained a permit in order to
perform the work, unless said work is commenced in an emergency situation
as authorized by this article.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
(a)
Applications for a permit required under this article shall be made
on forms provided by the city and such applications shall be accompanied
by drawings, plans, and other responsive documents, with such application
forms and documents being subject to the design manual, which is incorporated
into this article by reference.
(b)
The city engineer may, in his sole discretion, require additional
information from the applicant of a permit required under this article
before the director issues said permit.
(c)
All applications for a permit under this article shall be subject
to an application fee, with such fee being listed in the design manual,
which is incorporated into this article by reference. City departments
and contractors hired by the city for work related to this article
shall be exempted from payment of the application fee.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
The applicant for a permit shall furnish a certificate of insurance
for public liability and property damage, issued by a solvent insurance
company or companies authorized to do business in the state, or evidence
of self-insurance satisfactory to the city evidencing that the city
is adequately protected from any liability or damage resulting by
virtue of applicant’s construction. The insurance requirement
of this article are subject to insurance requirements listed in the
design manual which is incorporated into this article by reference.
Upon receipt of the permit, an applicant assumes the insurance and
indemnity requirements provided in the design manual.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
According to the design manual, the city engineer shall issue
a permit to an applicant upon the applicant’s submission to
the city engineer of a complete application including any application
documents required under the design manual.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
The design manual contains fees and charges applicable to work
performed under this article. The design manual also contains all
allowable regulations for any work related to this article. An applicant
for a permit is responsible for the applicable fees and regulations
provided in the design manual.
(Ordinance 2017-O0091 adopted 8/10/2017; Ordinance 2021-O0171 adopted 12/14/2021)
