(a) 
This article establishes a uniform policy and application process for the orderly use of city-owned utility infrastructure to enable the city to:
(1) 
Permit fair, reasonable, and non-discriminatory access to the available capacity on utility infrastructure;
(2) 
Safeguard the reliability and integrity of the electric utility system;
(3) 
Obtain fair compensation for the use of utility infrastructure through fees and usage and other charges;
(4) 
Comply with applicable federal, state, and local regulation, including the National Electrical Code, the National Electrical Safety Code, and the utility’s transmission and distribution standards;
(5) 
Support cost-effective, optimal use of public resources and economic development through increased competition in telecommunications services delivery;
(6) 
Exercise control over the public right-of-way and minimize congestion, inconvenience, cost, visual impacts, and other adverse effects on the city’s streets, highways, and right-of-way from the construction, operation, and maintenance of attachments on utility infrastructure;
(7) 
Protect the health and safety of pedestrians, drivers, and passengers in the public right-of-way and other public spaces;
(8) 
Protect the health and safety of the public and persons working on or near utility infrastructure; and
(9) 
Protect the character of residential and historic areas and city parks with respect to the use of utility infrastructure in those areas.
(b) 
This article applies to the use, and application for the use, of utility infrastructure to the extent not inconsistent with an applicable state law.
(Ordinance 07-2019 adopted 9/12/19)
This article applies to all connections to the city’s utility infrastructures of user’s equipment.
(Ordinance 07-2019 adopted 9/12/19)
Applicant.
A person who applies to use utility infrastructure.
Attachment.
(1) 
On a pole, each aerial cable, together with its associated messenger cable, guy wire, anchors and other appurtenant and incidental facilities;
(2) 
In a conduit, each linear foot of occupancy of a city-owned conduit or duct by each cable or other attachment; and
(3) 
Each antenna, transceiver, amplifier, repeater or other device or equipment of a user supported by, affixed to, contained in, or placed on or in a unit of utility infrastructure, including a network node.
For the purpose of determining the number of attachments, a terminal block or quick-connect hub will not be considered an additional attachment until it has a cable, wire, fiber, fiber optic, etc. connected to it.
Attachment right.
The right of a user to place, install, construct, replace, move, remove, keep, maintain, operate, or use an attachment on or in city-owned utility infrastructure under this article or a permit or contract issued under this article.
Cable.
A wire rope or a bound or sheathed assembly of conductors, wires, or fibers, including fiber optic cable, coaxial cable, and twisted pair copper cable. Each cable that is lashed to another cable or to a common messenger cable is a separate attachment.
Design or historic district.
Has the meaning given by chapter 284 of the Texas Local Government Code.
Design standard.
A standard or requirement for a network node contained in the utilities criteria manual, transportation criteria manual, or other design manual approved by the director, or specified in section 284.003 of the Texas Local Government Code.
Director.
The director of public works for the City of Weimar.
Network node.
Has the meaning given by section 284.002(12), Texas Local Government Code.
Streetlight pole.
A pole, other than a utility pole or traffic pole, located in the public right-of-way and that supports street lighting.
Traffic pole.
A pole, other than a utility pole or streetlight pole, located in the public right-of-way that supports traffic-control functions, including signage.
User.
A person who has been granted the right to install an attachment under this article.
Utility.
The City of Weimar.
Utility infrastructure.
Includes utility poles, transmission structures, ducts, transmission and distribution conduit, building entry conduit, utility tunnels, manholes, vaults, radio towers, other radio equipment, fiber optic cable capacity and active communications capacity, streetlight poles, other poles managed by the utility that support wireless communications facilities, traffic poles, and appurtenant facilities.
Utility pole.
A pole supporting electric distribution lines with a nominal voltage of not more than 34.5 kilovolts.
If a federal or state law governing attachments to city-owned utility infrastructure provides a definition of an attachment in conflict with and preemptive of the definition in this section, the state or federal law definition controls.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
The right to use utility infrastructure.
The right of a person to apply for or use utility infrastructure is governed by this article. The grant of authorization for the use of utility infrastructure is not a grant of attachment rights for the use of utility infrastructure without compliance with this article.
(b) 
Authority of the utility.
The utility shall operate, maintain, and control the utility infrastructure and traffic poles, and administer this article. The utility shall adopt non-discriminatory policies, design standards, and regulations to implement, administer, and enforce this article. The rules adopted by the director shall include the form of a uniform, standard infrastructure usage contract that must be executed by a user before the user may be permitted to perform work or place an attachment on utility infrastructure or traffic pole. The provisions of this article, and any rules adopted by the director to implement and enforce this article, shall be deemed incorporated into all infrastructure usage contracts. Any amendments or additions to this article, or to the rules adopted by the director, shall become incorporated into all infrastructure usage contracts immediately and without further action upon the effective date of the ordinance or rule adopting the amendment or addition. The director may, without adopting or amending a rule, issue a statement of policy or procedure that clarifies or provides a non-substantive technical modification to a rule.
(c) 
The director may adopt other rules or policies for the placement of holiday or special events signage, or temporary equipment associated with special events, on utility infrastructure.
(d) 
Priority of usage.
The city has priority of use over competing uses of utility infrastructure to ensure, among other things, the electric utility’s safe and reliable transmission and distribution of electricity to its customers and safe operation of its municipal functions regarding traffic control and right-of-way management.
(e) 
Reservation and restrictions.
(1) 
The utility retains the exclusive use of transmission structures and the conduit or conduit bank used for electric utility purposes or terminating in an electric service vault or manhole. The director may permit third party use of reserved utility infrastructure upon the terms and conditions determined by the director.
(2) 
This article does not authorize a person to use utility’s electric transmission and distribution lines, facilities, or electric grid to transport electricity under a wheeling or other arrangement.
(3) 
The director may determine that certain classes of utility infrastructure or specific units of utility infrastructure are necessary for utility’s exclusive use due to legal, mechanical, structural, safety, environmental, service, or other requirements, and are unavailable for use by another person.
(4) 
Some utility infrastructure is located on dedicated electric utility easements, which by their terms, limit the use of the easement to the utility for the transmission and distribution of electricity and do not authorize other uses, including telecommunications service. This article does not grant a third party right to use a dedicated easement without the prior consent of the grantor of the easement or its successor. Additional cost or expense to obtain the use of a dedicated easement by a user or applicant shall be borne solely by the user or applicant.
(5) 
Utility infrastructure is the property of the city and a payment made by a user does not create a right, title, or interest in utility infrastructure for the use.
(6) 
This article does not require the utility to replace, upgrade, or alter existing utility infrastructure to create additional capacity for an attachment.
(7) 
An aerial attachment of cable to traffic poles is prohibited.
(8) 
A network node may not be collocated on utility infrastructure in a design or historic district unless the applicant has obtained, prior to submitting an application, any necessary consent from the city council.
(9) 
Except as provided by this subsection, no equipment or appurtenances may be placed on a non-wooden streetlight pole in a design or historic district other than specially designed informational or directional signage or temporary holiday or special event attachments.
(10) 
No attachment is allowed on utility infrastructure in a design or historic district unless the director determines the attachment meets all applicable standards and measures for aesthetics, design, concealment, and camouflage.
(f) 
Unauthorized use prohibited.
An applicant, user, or other person may not place an attachment on utility infrastructure except as authorized by the director and in accordance with an infrastructure usage contract. If an unauthorized attachment is discovered, the director may remove the unauthorized attachment from utility infrastructure without incurring liability to the owner, and at the owner’s sole expense, if the owner of the unauthorized attachment does not:
(1) 
Remove the unauthorized attachment; or
(2) 
Apply for approval of the attachment, including payment of applicable charges or penalties.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
The director may establish fees to administer this article and for the use of utility infrastructure to the extent not otherwise established by ordinance and as may be consistent with state law.
(b) 
Application filing fees and rental charges shall be calculated and applied in a consistent manner for all similarly situated users. If federal or state law or regulation requires a filing fee or rental charge under this article to be less than that charged by this section, the filing fee and usage charge collected by the City shall comply with that law or regulation.
(1) 
An application filing fee of $50.00 shall be paid with each application submitted. No more than 50 pole attachments may be proposed with each application.
(2) 
A rental charge of $10.00 per calendar year for the rental of each jointly used pole on which attachments have been made to utility infrastructure on December 31st of that year, payment to be due January 31st of the following year.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
Authorized user.
Unless otherwise required by law, only a person who holds a valid franchise or license to use or cross a city street, highway, or right-of-way will be granted an attachment right on utility infrastructure. An applicant’s use of utility infrastructure is limited to the purposes specified in the applicant’s franchise, license, or right to operate in the city right-of-way or attach to utility infrastructure under state or federal law. An attachment used for a purpose not authorized by an applicant’s franchise, license, or state or federal law is an unauthorized attachment. Unless the person has a franchise, license, or right to operate in the city right-of-way or to be allowed access to utility infrastructure pursuant state or federal law, an infrastructure usage contract with a person seeking to place an attachment on utility infrastructure must be approved by council.
(b) 
Except to the extent provided otherwise by state law, the provisions of this section govern an application for an attachment right to utility infrastructure.
(c) 
Application process.
An applicant must file an application with the utility to use utility infrastructure as prescribed by the director., including but not limited to any advance consent from the city required to place an attachment in a design or historic district. Subject to the availability of utility infrastructure capacity, the director shall consider each application on a first come, first serve basis. If an application cannot be approved as presented, the director may approve a conditional application. The director shall incorporate the terms of a conditional approval into an infrastructure usage contract.
(d) 
Denial of an application.
(1) 
The director may deny an application if:
(A) 
The applicant fails to submit a complete application;
(B) 
The applicant fails to supplement its application with additional information or otherwise cooperate with the utility as requested in the evaluation of the application;
(C) 
The applicant fails to pay a required fee;
(D) 
The proposed attachments are of excessive size or weight or would otherwise subject utility infrastructure to unacceptable levels of additional stress;
(E) 
Approval would jeopardize the reliability or integrity of the electric system or of individual units of utility infrastructure;
(F) 
Approval would present a safety hazard to a city employee or the public;
(G) 
Approval would impair the city’s ability to operate or maintain utility infrastructure;
(H) 
Approval would require an unacceptable change, upgrade, or addition to utility infrastructure;
(I) 
Approval would expose the city, the utility, its ratepayers, or other users to increased liability or financial risk;
(J) 
The proposed attachment is a network node in a design or historic district and the applicant has (i) not obtained consent from the city prior to filing the application or (ii) the attachment does not provide reasonable design or concealment measures;
(K) 
The applicant is in material default under its infrastructure usage contract;
(L) 
The proposed attachment would fail to meet a design standard; or
(M) 
The proposed attachment would otherwise fail to comply with this article.
(2) 
If an application is denied, the director shall notify the applicant in writing of the reason for the denial. If an application is denied, an applicant may file a new application that corrects the reason for the denial. If an application is denied, applicant may appeal the denial to the director no later than the 30th day after the date of the denial as prescribed by the director. If the director upholds an original decision which denies an applicant all or substantially all requested attachment rights, the applicant may appeal to the city council.
(3) 
The failure of the director to act upon an application may not be deemed to constitute approval or waiver of the right to approve an application, unless otherwise provided by state law.
(e) 
Additional costs.
The applicant or user is responsible for all costs as determined by the utility to replace, enlarge, or upgrade utility infrastructure to accommodate the applicant’s or user’s proposed attachment.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
Compliance with law.
A use shall comply with all applicable federal, state, and local laws, rules, and regulations, including the city policies, the National Electrical Code, the National Electrical Safety Code, the utility’s transmission and distribution standards, and applicable industry standards.
(b) 
Operational and maintenance requirements.
(1) 
A user shall install, and continuously operate and maintain an approved attachment to prevent interference with the utility’s facilities, the city’s use of utility infrastructure, or the facilities or operations of other users.
(2) 
A user may not construe a contract, permit, correspondence, or other communication as affecting a right, privilege or duty previously conferred or imposed by the city to or on another person under an infrastructure usage contract or otherwise. The city reserves the right to continue or extend a right, privilege, or duty and to contract with additional users without regard to resulting economic competition.
(3) 
A user shall trim trees only as necessary for the safe and reliable operation, use, and maintenance of the user’s attachments. The user or user’s contractors shall act in a professional manner in dealing with citizens and shall use door hangers and other means necessary to communicate with adjacent property owners whose trees will be trimmed prior to trimming.
(4) 
A user may not co-lash or co-locate attachments without the prior written consent of the director and subject to the conditions the director reasonably requires.
(5) 
A user is solely responsible for the risk and expense of installation, operation, and maintenance of the user’s attachments. The city does not warrant or represent that the utility infrastructure is suitable for placement of a user’s attachments. A user shall inspect the utility infrastructure on which the user’s attachments will be placed and shall base its determination of the suitability of the utility infrastructure for user’s purposes exclusively on the inspection. A user must accept the city’s utility infrastructure “as is” and “where is” and assume all related risks.
(6) 
A user shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of an attachment whenever the director has determined that:
(A) 
Such removal, relocation, change or alteration, is necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the public right-of-way, or
(B) 
A user’s attachments impair the safety or structural integrity of utility’s infrastructure. The director may also require a user to move or rearrange its attachments to maximize the available useable infrastructure and accommodate the attachments of an additional user, unless the movement or rearrangement of attachments materially impairs the use or function of the existing user’s system. If a user fails or refuses to comply with the director’s request to change, move, remove or rearrange any of its attachments, the attachments become unauthorized. The utility may change, move, remove, or rearrange an unauthorized attachment without liability to user and at user’s sole cost.
(7) 
The director may inspect, at any time, the construction or installation of a user’s attachments on utility infrastructure. If the director determines that a user’s installation or construction may violate this article, the National Electrical Code, the National Electrical Safety Code, the utility’s transmission and distribution standards, or the conditions of the user’s application, permit or infrastructure usage contract, the director may immediately suspend the user’s construction or installation activities. The director shall send written notice to the user not later than the third business day after a suspension identifying the alleged violation. A suspension under this paragraph is effective until the user corrects the alleged violation, at the user’s sole expense. A user may appeal a suspension under this subsection to the director.
(8) 
A user may not transfer, assign, convey, or sublet an attachment right without director’s prior written consent. A transfer, assignment, conveyance, or subletting of an attachment right without the director’s prior written consent is not binding on the city and is a material default of the user’s infrastructure usage contract.
(9) 
The city may disconnect power to an attachment if necessary to safely reach or perform work on the city’s electric or traffic facilities.
(c) 
Termination.
(1) 
The city may immediately suspend the rights of a user to make new or additional attachments if the user materially fails to comply with the terms of its franchise, license, or the infrastructure usage contract if the city provides written notice to the user. If the user fails to cure the default on or before the 60th day after receipt of the notice, the city may terminate the user’s attachment rights.
(2) 
A user shall immediately begin removal of it attachments after termination of a user’s attachment rights for violations of the terms of a franchise, permit, or infrastructure usage contract, a voluntary termination by a user, or a termination by the city for cause. Unless the director grants an extension of time, a user must remove all attachments not later than the 60th day after the effective date of termination.
(3) 
After termination of a user’s attachment rights, the user must comply with the terms of this article, the user’s franchise, license, and infrastructure usage contract until all attachments are removed.
(4) 
While an appeal under section 13.07.008 is pending, a user may continue to use its existing attachments but may not make, change, move, rearrange, construct, or install an additional attachment.
(5) 
The repeal or invalidity of a state law, or revocation of a franchise, under which a user has obtained the right to access city right-of-way or utility infrastructure to make an attachment shall result in immediate termination of a user’s attachment right.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
If an applicant has been denied attachment rights substantially in their entirety under section 13.07.006(d) (application to use utility infrastructure), or if a user’s attachment rights have been terminated substantially in their entirety under section 13.07.007(c) (user’s duties and responsibilities), the applicant or user may appeal the denial to the city council. A person must file a written notice of appeal to the city council with the city secretary no later than the 14th day after the date of the director’s denial of the applicant or user’s appeal. The notice of appeal shall include:
(1) 
The name, address, and telephone number of the appellant;
(2) 
The decision being appealed;
(3) 
The date of the decision being appealed; and
(4) 
The basis of the appeal, including a concise statement describing the reasons the appellant believes it was wrongfully denied attachment rights or its attachment rights were wrongfully terminated.
(b) 
Upon receipt of a notice of appeal, the appeal shall be placed on the agenda of the next scheduled city council meeting, and notification shall be given the appellant of the time and date of the meeting by certified mail at least ten days before the date of the hearing.
(c) 
The appellant has the burden of proof to establish that the decision being appealed is incorrect.
(d) 
The city council may approve, modify, or overrule the director’s decision.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
A person commits an offense if the person affixes, installs, places, attaches, or maintains an attachment or other object to or on city-owned utility infrastructure without authorization under this article, or fails to remove an unauthorized attachment to city-owned utility infrastructure on demand by the utility.
(b) 
A person commits an offense if the person uses an attachment on a city-owned utility infrastructure to provide a service not authorized by a state franchise, federal or state law, or a city franchise, license, or contract.
(c) 
Each unauthorized attachment or use is a separate offense. Each day a violation of this article continues is a separate offense.
(d) 
A person who violates this article commits an offense. An offense under this article is a class C misdemeanor punishable as provided in section 1.01.009 (general penalty for violations of code; continuing violations) of the code, with a maximum fine of $100.00 a day for each attachment plus court costs and fees. Proof of a culpable mental state is not required for a conviction under this article.
(Ordinance 07-2019 adopted 9/12/19)
(a) 
The city manager may grant a license to a user for the use of property owned, leased, or controlled by the city for the location of user’s equipment, provided the city manager determines that the property is available and that:
(1) 
The property is adjacent to utility infrastructure upon which the user has an attachment right, and
(2) 
The property’s use is for locating equipment functionally necessary for the user’s adjacent attachment.
(b) 
The term of the license granted under the authority of this section will run concurrently with the term of the related attachment right.
(c) 
The discretion whether to grant a license under this section is not subject to appeal to the city council.
(Ordinance 07-2019 adopted 9/12/19)