When used in this article, the following terms, as well as their singulars, plurals and possessives, shall have the following definitions and meanings, unless the context of the sentence in which they are used indicates otherwise. Terms defined in section 1.01.004 shall have the meaning assigned in section 1.01.004 unless defined otherwise by this section.
means a unit of measurement representing:
Each switched transmission path of the transmission media that
is physically within a public right-of-way extended to the end-use
customer’s premises within the city that allows the delivery
of local exchange telephone services within the city, and that is
provided by means of owned facilities, unbundled network elements
or leased facilities, or resale;
Each termination point or points of a nonswitched telephone
or other circuit consisting of transmission media located within a
public right-of-way connecting specific locations identified by, and
provided to, the end-use customer for delivery of nonswitched telecommunications
services within the municipality; or
Each switched transmission path within a public right-of-way
used to provide central office-based PBX-type services for systems
of any number of stations within the city, and in that instance, one
path shall be counted for every ten stations served.
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An access line may not be construed to include interoffice transport
or other transmission media that do not terminate at an end-use customer’s
premises or to permit duplicate or multiple assessment of access line
rates on the provision of a single service.
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means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless
services.
means “cable service” as defined in the Cable
Communications Policy Act of 1984, as amended, 47 U.S.C. section 532
et seq. (2017).
means the Code of Ordinances of the city, as amended.
means the installation, mounting, maintenance, modification,
operation, or replacement of network nodes in a public right-of-way
on or adjacent to a pole.
means the annual revised Consumer Price Index for All Urban
Consumers for Texas, as published by the Federal Bureau of Labor Statistics.
means any wireless facility that is covered, blended, painted,
disguised, camouflaged, or otherwise concealed such that the wireless
facility blends into the surrounding environment and is visually unobtrusive.
Concealment includes but is not limited to covering with a facade,
designs that blend with the surrounding character of an area, paint
that matches surrounding poles, disguising with landscaping, or locating
underground.
means a streetlight pole specially designed and placed for
aesthetic purposes and on which no appurtenances or attachments, other
than specially designed informational or directional signage or temporary
holiday or special event attachments, have been placed or are permitted
to be placed according to this code.
means an area that is zoned, or otherwise designated by this
code, and for which the city maintains and enforces unique design
and aesthetic standards.
means the design requirements in effect at the time of a
construction permit application, or the commencement of work not required
to obtain a permit, for specific types of facilities, including any
adopted design manuals, the city’s unified development code,
adopted construction codes and any other city requirements, as amended
from time to time.
means all ordinances, laws, rules, resolutions, and regulations
of the city that are now in force or may hereafter be passed and adopted.
means any and all of the network nodes, transport facilities,
equipment cabinets, node support poles, duct spaces, manholes, poles,
conduits, underground and overhead passageways, and other equipment,
structures, plants, and appurtenances and all transmission media used
for the provision of wireless service or telecommunication service.
means the federal administrative agency, or lawful successor,
authorized to oversee cable television and other multi-channel regulation
on a national level.
means an area that is zoned or otherwise designated as a
historic area under municipal, state, or federal law.
means the right-of-way adjacent to a state or federal highway.
means common law or a federal, state, or local law, statute,
code, rule, regulation, order, or ordinance.
means a monthly fee to be applied to each access line for
the calculation of the total amount to be paid to the city as a rights-of-way
fee.
means a guyed or self-supported pole or monopole greater
than the lesser of (i) 55 feet, or (ii) ten feet higher than the tallest
existing utility pole located within 500 linear feet of the new pole
in the same public right-of-way and that supports or is capable of
supporting antennas.
means a network node that is not larger in dimension than
24 inches in length, 15 inches in width, and 12 inches in height,
and that has an exterior antenna, if any, not longer than 11 inches.
means a utility pole owned or operated by a municipally owned
utility, as defined by V.T.C.A., Utilities Code section 11.003, and
located in a public right-of-way.
means any property dedicated or used as a park or for public
park purposes or that may be dedicated or used as a park or for public
park purposes within the city.
means the public works director or designee of the public
works director.
means equipment at a fixed location that enables wireless
communications between user equipment and a communications network.
The term includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation;
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and does not include (i) an electric generator, (ii) a pole,
or (iii) a macro tower.
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means a new installation, including any extension or replacement
of an existing pole where the replacement is not excepted from permit
requirements under this article.
means a pole installed by a wireless network provider for
the primary purpose of supporting a network node.
means a written authorization for the use of the public right-of-way,
including collocation on a service pole, required from the city before
a user may perform an action under this article.
means any person that has been issued a permit pursuant to
the terms of this article.
means a wireless network provider or telecommunications service
provider.
means a service pole, municipally owned utility pole, node
support pole, or utility pole.
means an easement or other real property right that is only
for the benefit of the grantor and grantee and their successors and
assigns.
means the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which
the municipality has an interest. The term does not include: (i) a
private easement, or (ii) the airwaves above a public right-of-way
with regard to wireless telecommunications. This includes but is not
limited to all present and future public streets, avenues, highways,
alleys, sidewalks, boulevards, drives, tunnels, easements, bridges,
and other such similar passageways, thoroughfares, and public ways
within the city.
means a public utility as that term is used in the Public
Utility Regulatory Act, V.T.C.A., Utilities Code section 11.004, including
municipally owned and/or operated utilities.
means the total amount paid to the city for the use and occupancy
of the rights-of-way. This fee shall be paid on a quarterly basis
for access lines and on an annual basis for other structures and facilities.
For wireless network providers, this is the rental charge paid in
accordance with V.T.C.A., Local Government Code chapter 284.
means a pole, other than a municipally owned utility pole,
owned or operated by a municipality and located in a public right-of-way,
including: a pole that supports traffic-control functions; a structure
for signage; a pole that supports lighting, other than a decorative
pole; and a pole or similar structure owned or operated by a municipality
and supporting only network nodes.
means the portion of the public right-of-way, including a
highway, designed or used for vehicular traffic, including that part
of the street marked or platted as a bicycle or public transit lane.
Street width shall be the widest of the following measurements:
includes the following: (i) a replacement or upgrade that
does not include replacement of an existing node support pole nor
defeat existing concealment elements of a node support pole; and (ii)
a new or upgraded network node, including the antenna or other equipment
element, will not be more than ten percent larger than the existing
node, provided that the increase may not result in the node exceeding
the size limitations provided by design manual; and the new or upgraded
pole will not be more than ten percent higher than the existing pole,
provided that the increase may not result in the pole exceeding the
applicable height limitations prescribed by the design manual.
means any “local exchange telephone service,”
as defined by V.T.C.A., Utilities Code section 51.002, or voice communications
services provided through wireline facilities located at least in
part in the public right-of-way, without regard to the delivery technology,
including internet protocol technology. The term does not include
voice service provided by a commercial mobile service provider as
defined by 47 U.S.C. section 332(d).
means any “certificated telecommunications provider”
as the term is defined by V.T.C.A., Local Government Code section
283.002.
means any and all of the cables, fibers, wires or other physical
devices owned, maintained or placed by a user to transmit and/or receive
communication signals, whether analog, digital or of other characteristics,
and whether for voice, data or other purposes.
means each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
means acquisition, installation, construction, reconstruction,
maintenance, repair, control, or operation of any facilities within
the rights-of-way for any purpose whatsoever.
means any person that applies for a permit under this article,
or any person that owns, controls, constructs, installs, repairs,
maintains, upgrades or removes a structure in the right-of-way, including
any contractor or subcontractor of a person who owns or controls a
structure in the right-of-way.
means a pole that provides: electric distribution with a
voltage rating of not more than 34.5 kilovolts; or services of a wireless
network provider, as defined by V.T.C.A., Local Government Code, chapter
284.
means any service, using licensed or unlicensed wireless
spectrum, including the use of wi-fi, whether at a fixed location
or mobile, provided to the public using a network node.
means a person that provides wireless service to the public;
or a person that does not provide wireless services and that is not
an electric utility but builds or installs on behalf of a person that
provides wireless service to the public: network nodes, node support
poles, or any other structure that supports or is capable of supporting
a network node.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-1; Ordinance adopting 2022 Code)
No person shall commence or continue with the construction or
installation of any structure within the rights-of-way of the city
except as provided by this article, or as provided by other city permits
or written agreements with the city. Registration and permits will
be issued in the name of the person who will own the structures.
(1)
Registration.
For the safety of all users and the public,
all users of the right-of-way must register annually with the city.
Registration shall include:
(A)
The name of the user of the right-of-way;
(B)
The name, address, and telephone number of the user;
(C)
The name(s) and telephone number of an emergency contact who shall
be available 24 hours a day;
(D)
The location, including exact coordinates, of all structures located
in the rights-of-way; and
(E)
A description of each structure located in the rights-of-way.
(2)
Construction permit.
Unless otherwise provided by this
article, no person shall perform any construction or installation
of structures in the right-of-way without first obtaining a construction
permit. The permit must be completed and signed by the owner or authorized
representative of the owner of the proposed structures. A construction
permit for a proposed network node, node support pole, or transport
facilities shall be processed in accordance with the timelines of
V.T.C.A., Local Government Code section 284.154.
(A)
Permit information required.
The person requesting a
permit will provide the public works director with documentation describing:
(i)
The proposed approximate location, route and type of all structures
to be constructed, installed, or modified and the user’s plan
for right-of-way construction.
(ii)
Engineering plans provided on a drawing scale not smaller than
one inch equals 100 feet unless otherwise approved by the public works
director.
(iii)
Description of all existing public and private utilities in
close proximity to the user’s proposed route (within 300 feet).
(iv)
Description of plans to remove and replace pavement or drainage
works in streets. Plans submitted must conform to the city standard
construction requirements and any other applicable law.
(v)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc., including depth.
(vi)
Three sets of engineering plans.
(vii)
The construction and installation methods to be employed for
the protection of existing structures, fixtures, and facilities within
or adjacent to the right-of-way.
(viii)
The name and address of the person to whom notices are to be
sent, [and] a 24-hour-per-day contact number for the user in case
of emergency.
(ix)
Location map that includes all other structures within 500 feet
of the proposed location.
(x)
When a new pole is proposed, an industry standard pole load analysis
certified by a licensed engineer, with soils test or geotechnical
survey where required.
(xi)
A complete application and supporting documents for land use
approval where required.
(xii)
Proof of payment of the construction permit fee and prorated
rights-of-way fee for the remaining portion of the current calendar
year.
(xiii)
Complete legend of drawings submitted by the user, which may
be provided by reference to previously submitted documents.
(xiv)
The construction and installation methods to be employed for
the protection of existing structures, fixtures, and facilities within
or adjacent to the right-of-way, and the estimated dates and times
work will occur, all of which (methods, dates, times, etc.) are subject
to approval of the public works director.
(xv)
Proof of insurance or net worth.
(B)
Access to site.
All construction and installation in
the right-of-way shall be in accordance with the permit for the structures.
The public works director shall be provided access to the work and
to such further information as may reasonably be required to ensure
compliance with the permit.
(C)
Plans to be maintained at site.
A copy of the construction
permit and approved engineering plans shall be maintained at the construction
site and made available for inspection by the public works director
at all times when construction or installation work is occurring.
(D)
Timeliness of work.
All work authorized by permit must
be completed in the time specified in the construction permit. If
the work cannot be completed in the specified time period, the permit
holder may request an extension from the public works director.
(E)
Insurance and bonds.
(i)
A user must provide proof of liability insurance in the amount of
$1,000,000.00. Such requirements may be waived by the public works
director if the user provides acceptable evidence of self-insurance
backed by assets equal to but not less than a net worth in the amount
of at least $5,000,000.00.
(ii)
The coverage provided shall be on an “occurrence”
basis and shall include coverage for personal injury, contractual
liability, premises liability, medical damages, underground, explosion,
and collapse hazards.
(iii)
Each policy must include a cancellation provision in which the
insurance company is required to notify the city in writing not fewer
than 30 days before canceling, failing to renew, or reducing policy
limits.
(iv)
The user shall file the required original certificate of insurance
prior to any commencement of work. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of insured; policy expiration date; and
specific coverage amounts.
(v)
The user shall file a surety bond from a surety company authorized
to do business in the state in the amount of $15,000.00 to guarantee
the restoration of the right-of-way in the event the user leaves a
job site in the right-of-way unfinished, incomplete, or unsafe. Such
requirement for a surety bond may be waived by the public works director
upon a showing of financial responsibility by the applicant.
(F)
Approval.
Unless otherwise provided by this article,
requests for permits shall be approved or disapproved by the public
works director within a reasonable time of receiving all the necessary
information.
(G)
Pre-construction meeting.
The public works director
or user may request a pre-construction meeting.
(3)
Exceptions.
The following activities shall not be required
to obtain a permit under this article:
(A)
Emergencies.
Emergency responses related to existing
structures may be undertaken without first obtaining a permit; however,
the public works director must be notified in writing within two business
days of any construction related to an emergency response. A reasonably
detailed description of the work performed in the right-of-way and
an updated map of any structures moved shall be provided as soon as
practicable.
(B)
Routine maintenance.
The following routine activities
are not required to obtain a permit:
(i)
Routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a public right-of-way;
(ii)
Replacing or upgrading a network node or network pole with a
node or pole that is substantially similar in size or smaller and
that does not require excavation or closing of sidewalks or vehicular
lanes in a public right-of-way; or
(iii)
The installation, placement, maintenance, operation, or replacement
of micro network nodes that are strung on cables between existing
poles or node support poles in compliance with the National Electrical
Safety Code.
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At least 24-hour advance written notice to the public works
director of work performed under this section is required, including
proof that the user is acting with approval of a pole’s owner
if structures are being collocated on an existing pole.
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(C)
Structures constructed pursuant to building permit.
The owner of driveways, streets, and other permanent structures constructed
in the public right-of-way pursuant to a building permit obtained
under the adopted construction codes of the city is not required to
register the structures annually.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-2)
(a)
Advance notice required.
The public works director shall
be notified 24 hours in advance that construction is ready to proceed
by either the right-of-way user, their contractor or representative,
including the name, address, and phone numbers of the contractor performing
the actual construction, and the name and telephone number of the
individual who will be available at all times during construction.
Failure to provide the above information will result in the suspension
of the permit until the required information is received.
(b)
Conformance to other laws.
All construction shall be
in conformance with all city codes and applicable local, state, and
federal laws.
(c)
Erosion control; warning signs and barricades.
Erosion
control measures (i.e., silt fence) and advance warning signs, markers,
cones, and barricades must be in place before work begins. The permit
holder may be required to show proof of EPA approved plans relating
to stormwater and erosion when applicable or a letter stating such
plans are not required. The user shall comply with city, state, and
federal guidelines regulating stormwater management erosion control.
Requirements shall include, but not be limited to, silt fencing around
any excavation that will be left overnight, silt fencing in erosion
areas until reasonable vegetation is established, barricade fencing
around open holes, and high erosion areas will require wire-backed
silt fencing, or straw bales, as appropriate.
(d)
Lane closures.
Lane closures on collectors and thoroughfares,
as identified by the city’s thoroughfare plan, are limited to
periods after 8:30 a.m. and before 4:00 p.m. unless the public works
director grants prior approval. Arrow boards will be required on lane
closures, with all barricades, advance warning signs and 36-inch reflector
cones placed according to the specifications of the public works director.
(e)
Workmanship.
Users are responsible for the workmanship
and any damages caused by a contractor or subcontractor.
(f)
Notice of damage.
All users shall notify the public
works director immediately of any damage to utilities or other structures,
either city or privately owned.
(g)
Prior approval required for street or sidewalk cuts.
Except in the event of an emergency, prior approval must be obtained
from the public works director when a street or sidewalk cut is required
and all requirements of the city shall be followed. Repair of all
street and sidewalk removals shall be made promptly to avoid safety
hazards to vehicle and pedestrian traffic.
(h)
Interference with other facilities.
Newly installed
structures shall not interfere with facilities or structures of other
users, in particular gravity dependent facilities.
(i)
Depth of underground structures.
Underground structures
shall be installed at a minimum of two feet depth, unless approved
by the public works director or as otherwise provided by this article.
(j)
Working hours.
Except in the event of an emergency,
working hours in the rights-of-way are 7:00 a.m. to 7:00 p.m., Monday
through Saturday. Work that needs to be performed after 7:00 p.m.
Monday through Saturday must be approved in advance. Except in the
event of an emergency, any work performed on Sunday must be approved
24 hours in advance by the public works director. Directional boring
is permitted only Monday through Friday, unless approved in advance.
(k)
Plans of record.
Right-of-way users shall provide the
public works director with “plans of record” within ten
days of completion of structures in the right-of-way. Submittal of
“plans of record” should be in digital formatting as well
as written or in any other format requested by the public works director.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-3)
(a)
Permit rights apply to permit holder only.
The rights
granted by this article inure to the benefit of the permit holder
only. The rights granted by permit may not be assigned, transferred,
or sold to another. For the purposes of this section, assignment,
transfer or sale means a change of operating control of the permit
holder, expressly excepting an assignment or transfer to entities
that control, are controlled by, or are under common control with
the permit holder.
(b)
Rights not exclusive.
No rights agreed to in this article
by the city shall be exclusive and the city reserves the right to
grant franchises, licenses, easements or permissions to use the rights-of-way
within the city to any person as the city, in its sole discretion,
may determine to be in the public interest.
(c)
Compliance with deed restrictions and other private restrictions.
A user installing structures in a public right-of-way shall
comply with private deed restrictions and other private restrictions
in the area.
(d)
Service not authorized by permit.
A permit holder is
not authorized to provide cable service as a cable operator in the
city under this article, but must first obtain a franchise agreement
from the city for that purpose, under such terms and conditions as
may be required by law. A permit for the installation, placement,
maintenance, or operation of a network node or transport facility
under this article shall not confer authorization to provide cable
service or video service, as defined by V.T.C.A., Utilities Code section
66.002, or information service as defined by 47 U.S.C. section 153(24),
or wireless service as defined by 47 U.S.C. section 153(53), in the
public right-of-way.
(e)
Interference by network nodes; notice and time for correction of
interference.
A wireless network provider shall ensure
that the operation of a network node does not cause any harmful radio
frequency interference to a Federal Communications Commission authorized
mobile wireless operation of the city operating at the time the network
node was initially installed or constructed. On written notice, a
wireless network provider shall take all steps reasonably necessary
to remedy any harmful interference. If a wireless network provider
fails to correct any harmful interference within 60 days of written
notice, the city may upon 14-day advance written notice revoke any
and all permits and registrations for the network node.
(f)
Permit limited.
A permit provided under this article
does not provide authorization for attachment of network nodes on
poles and other structures owned or operated by investor-owned electric
utilities, as defined by V.T.C.A., Utilities Code section 31.002,
electric cooperatives, telephone cooperatives, as defined by V.T.C.A.,
Utilities Code section 162.003, or wireless providers, as defined
by V.T.C.A., Local Government Code, chapter 284.
(g)
Other requirements.
The city may impose additional requirements
on the activities of providers in the public right-of-way to the extent
that the regulations are reasonably necessary to protect the health,
safety, and welfare of the public.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-4; Ordinance adopting 2022 Code)
Prior to initiating construction of a “city project”
in the right-of-way, the city will provide each right-of-way user
preliminary project plans at various stages of completion (i.e., 30
percent plans, 60 percent plans, 90 percent plans and final plans).
Upon receipt of the first submittal of preliminary project plans (30
percent plans), each right-of-way user shall be responsible for verifying
the location of its underground structures in the vicinity of the
city’s project. In verifying the location of structures as required
by this section, each right-of-way user shall compile the information
obtained regarding any structures located in the right-of-way that
are potentially affected by the city project and shall, within 30
days of receipt of the first submittal of the preliminary project
plans, make that information available to the city in a written and
verified format acceptable to the public works director. Whenever
by reasons of widening or straightening of streets, water or sewer
line projects, or any other city projects (i.e., install or improve
storm drains, water lines, sewer lines) it shall be deemed necessary
by the governing body of the city to remove, alter, change, adapt,
or conform the underground or overhead structures of a right-of-way
user, such alterations shall be made by the owner of the structures
at the owner’s expense within 45 calendar days from the receipt
of written notice to make the alterations, unless a different schedule
has been approved by the public works director. The owner of the structures
shall be responsible for any direct costs incurred by the city associated
with project delays resulting from owner’s failure to conform
structures within the time limits established by this section. Reimbursement
for all costs provided for by this section shall be made within 30
calendar days from the day which the owner receives written notice
of such costs.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-5)
(a)
Proper installation required.
Structures in the rights-of-way
shall be properly installed, repaired, upgraded and maintained. Structures
shall be considered to be improperly installed, repaired, upgraded,
or maintained if:
(1)
The installation, repairs, upgrade, or maintenance endangers people;
(2)
The structures do not meet the applicable city requirements;
(3)
The structures are not capable of being located using standard practices;
or
(4)
The structures are not located in the proper place in accordance
with the plans approved by the public works director.
(b)
Existing structures.
This section shall not apply to
structures installed prior to the effective date of the ordinance
from which this section is derived unless such structures are repaired
or upgraded.
(c)
Public works director review of poles.
When poles are
used, the type of poles, location, depth, upgrades, etc., shall be
subject to review of the public works director, unless otherwise provided
by this article.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-6)
(a)
Restoration of affected property required.
Users of
the right-of-way shall restore property affected by construction in
the right-of-way to a condition that is equal to or better than the
condition of the property prior to the performance of the work. This
includes, but is not limited to, replacing all natural ground cover
with an equal or better type of ground cover damaged during work,
either by sodding or seeding, as directed by public works director.
(b)
Restoration requirements.
Restoration shall be to the
reasonable satisfaction of the public works director. The restoration
shall include, but not be limited to:
(c)
Removal of locator flags.
All locator flags shall be
removed during the cleanup process by the permit holder or permit
holder’s contractor at the completion of the work.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-7)
If any provisions of this article are not followed, a permit
may be revoked by the public works director. If any user fails to
follow the terms and conditions of this article, new permits may be
denied or additional terms required prior to issuance of permits to
the same user.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-8)
(a)
Construction requirements.
Except where expressly provided
otherwise by state law, a user shall construct and maintain structures
in the public rights-of-way in accordance with the design manual to
ensure structures do not:
(1)
Obstruct, impede, or hinder the usual travel or public safety on
a public right-of-way;
(2)
Obstruct the legal use of a public right-of-way by other utility
users;
(3)
Violate nondiscriminatory applicable codes;
(4)
Violate or conflict with the city’s publicly disclosed public
right-of-way design specifications; or
(5)
Violate the Federal Americans with Disabilities Act of 1990 (ADA).
(b)
Design manual.
Structures to which this article applies
must conform to the specifications required by the construction codes
and design manual as adopted by the city at the time the permit application
is submitted.
(c)
Requests for temporary moves.
Upon request, the permit
holder shall remove or raise or lower its aerial wires, fiber or cables
temporarily to permit the moving of houses or other bulky structures.
The expense of such temporary rearrangements shall be paid by the
party or parties requesting them, and the permit holder may require
payment in advance. The permit holder shall be given not less than
48 hours’ advance notice to arrange for such temporary rearrangements.
(d)
Tree trimming.
The permit holder, its contractors and
agents have the right, permission and license to trim trees upon and
overhanging the rights-of-way to prevent trees from coming in contact
with the permit holder’s facilities. When directed by the city,
tree trimming shall be done under the supervision and direction of
the public works director.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-9)
(a)
Construction permit fee.
Except as otherwise provided by V.T.C.A., Local Government Code chapter 283, the user shall pay to the city a construction permit fee that is calculated as of the date of application for permit by applying the appropriate permit fee to each of the proposed structures included in the application, in accordance with the city’s fee schedule, not to exceed the values provided in the tables in the fee schedule in appendix A of this code.
(b)
Rights-of-way fees.
The permit holder shall pay to the city a rights-of-way fee that is calculated in accordance with V.T.C.A., Local Government Code chapter 283, an agreement with the city, or the tables in the fee schedule in appendix A of this code, as applicable. The rights-of-way fee for access lines shall be as prescribed by the state public utilities commission. Rights-of-way fees for all facilities other than access lines shall be prorated for the first year in which a construction permit fee is paid, and shall be paid at the time of the permit application.
(c)
Annexation and disannexation.
For the purpose of compensating
the city under this article, a user shall start including or excluding
structures within an annexed or disannexed area within 30 days of
written notice by the city to the user of the annexation or disannexation.
(d)
Timing of rights-of-way fee payment.
The permit holder
shall remit the rights-of-way fees on an annual basis, unless otherwise
prescribed by V.T.C.A., Local Government Code chapter 283 or a written
agreement with the city. Unless otherwise mandated by state law, the
payment of rights-of-way fees shall be due on January 31st of each
year following the year in which a construction permit fee and prorated
rights-of-way fee was paid, and each subsequent year until (i) the
structures are removed from the right-of-way and written notice provided
to the city, or (ii) the structures are no longer owned by the permit
holder and written notice of the new owner’s name, address,
and phone number are provided to the city.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-10; Ordinance adopting 2022 Code)
The permit holder shall indemnify and hold the city harmless
from all costs, expenses, and damages to persons or property arising
directly or indirectly from the construction, maintenance, repair,
or operation of the permit holder’s facilities located within
the rights-of-way found to be caused solely by the negligence of the
permit holder. Expenses shall include any reasonable and necessary
attorney’s fees and court costs. The city shall give the permit
holder prompt written notice of any claim for which the city seeks
indemnification. The permit holder shall have the right to investigate,
defend and compromise any such claim. This provision is not intended
to create a cause of action or liability for the benefit of third
parties, but rather this provision is solely for the benefit of the
city.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-11)
(a)
Street widening or straightening.
Upon 30 days’
notice by the city, a permit holder shall begin relocation of its
structures within the rights-of-way at its own expense in a timely
manner to permit the widening or straightening of streets, unless
expressly provided otherwise by state law. The notice by the city
shall include a specification of the new location for the permit holder’s
structures along the rights-of-way.
(b)
City’s right to relocate.
The city retains the
right to move any structures within the rights-of-way to cure or otherwise
address a public health or safety emergency. The city shall cooperate
to the extent possible with the permit holder in such instances to
assure continuity of service and to afford to the permit holder the
opportunity to make such relocation.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-12)
In the event this article, or any fee or other provision of
this article, becomes unlawful or is declared or determined by a judicial
or administrative authority exercising its jurisdiction to be excessive,
unenforceable, void, or illegal, in whole or in part, then the city
and all permit holders shall negotiate a new compensation arrangement
that is in compliance with the authority’s decision.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-13)
Where this article conflicts with any other provision of this
code, this article shall control. Where facilities are governed by
the Texas Utilities Code or V.T.C.A., Local Government Code chapter
283 and there is a conflict with a specific provision of this article,
the provision of this article shall not apply to those specific facilities
to the extent of the conflict.
(Ordinance 17-807, sec. 1, adopted 8/24/17; 2007 Code, sec. 42-14)
