(a) This article may be known and cited as the right-of-way management
ordinance for the Town of Highland Park, Texas.
(b) The Town enacts these regulations to manage the public right-of-way,
to ensure public health, safety and welfare and to promote the most
efficient use of the right-of-way first and foremost for the traveling
public, and also for water and sewer uses and for utility uses designed
to benefit the citizens of the Town, including such uses as have been
recognized in statutory and common law in the State.
(Ordinance 2025 adopted 8/28/17)
(a) This article shall be construed under and in accordance with the
laws of the State and the Town Charter and Town Code to the extent
that such Charter and Codes are not in conflict with or in violation
of the Constitution and laws of the United States or the State of
Texas. All obligations of the parties hereunder are performable in
the county.
(b) All provisions of this article shall apply to all persons involved
with the right-of-way, all work performed therein, any facilities
maintained therein or any other matter as applicable.
(Ordinance 2025 adopted 8/28/17)
This article shall be effective within the geographical limits
of the Town, including any areas subsequently annexed by the Town.
(Ordinance 2025 adopted 8/28/17)
The definitions in this section apply to all of this article.
Abandon and its derivatives.
The facilities installed in the right-of-way (including by
way of example but not limited to: poles, wires, conduit, manholes,
handholes, cuts, network nodes and node support poles, or portion
thereof) that have been left by provider in an unused or nonfunctioning
condition for more than 120 consecutive calendar days unless, after
notice to provider, provider has established to the reasonable satisfaction
of the Town that the applicable facilities, or portion thereof, is
still in active use.
Access line.
(1)
Unless the commission adopts a different definition under section
283.003, a unit of measurement representing:
(A)
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 municipality, that allows the
delivery of local exchange telephone services within a municipality,
and that is provided by means of owned facilities, unbundled network
elements or leased facilities, or resale;
(B)
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
(C)
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 municipality, and in that instance,
one path shall be counted for every 10 stations served; and
(2)
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.
Antenna.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
Applicable codes.
(1)
Uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization; and
(2)
Local amendments to those codes to the extent not inconsistent
with this article.
Applicant.
A person submitting an application or proposal to the Town
for a license, franchise, permit or notice to install facilities or
equipment or work in the right-of-way.
Application or proposal are synonymous for the purposes of this
article.
An “application” or “proposal.” The
process by which the applicant submits a request and indicates a desire
to be granted a license, permit or franchise for all, or a part, of
the Town. An “application” or “proposal” includes
all written documentation, and official statements and representations,
in whatever form, made by an applicant to the Town.
Authorization or agreement to use the right-of-way.
A negotiated privilege pursuant to an agreement between the
Town in its discretion and a person, allowing a person to occupy any
portion of a street, right-of-way, or easement owned or controlled
by the Town, and may be for a limited period of time or for a specific
purpose.
Certificated telecommunications provider.
A person who has been issued a certificate of convenience
and necessity, certificate of operating authority, or service provider
certificate of operating authority by the Commission to offer local
exchange telephone service or a person who provides voice service.
Collocate and collocation.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
Communications network.
A component or facility that is, wholly or partly, physically
located within a public right-of-way and that is used to provide video
programming, cable, voice, or data services.
Consumer price index.
The annual revised consumer price index for all urban consumers
for the State, as published by the Federal Bureau of Labor Statistics.
Concealment or camouflaged.
Any wireless facility or pole that is covered, painted, disguised,
or blended into its environment or otherwise hidden or kept from sight
such that the wireless facility blends into the surrounding environment
and is visually unobtrusive. A concealed or camouflaged wireless facility
or pole also includes any wireless facility or pole conforming to
the surrounding area in which the wireless facility or pole is located
and may include, but is not limited to hidden beneath a facade, blended
with surrounding area design, painted to match the supporting area,
or disguised with artificial tree branches.
Decorative pole or decorative streetlight.
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 nondiscriminatory municipal codes.
Design district.
An area that is zoned, or otherwise designated by municipal
code, and for which the Town maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
Disaster emergency or disaster or emergency.
An imminent, impending, or actual natural or humanly induced
situation wherein the health, safety, or welfare of the residents
of the Town is threatened, and includes, but is not limited to any
declaration of emergency by Town, State or federal governmental authorities.
Easement.
Refers to or shall include any public easement or other compatible
use, whether created by dedication or by any other means, for uses
which include public utility purposes or any other purpose whatsoever. “Easement”
may include a private easement used for the provision of utilities,
depending upon usage.
Franchise or franchise agreement.
The initial authorization, or subsequent renewal granted
by the Town in order for a person to construct, operate, and maintain
a system in all, or part, of the Town right-of-way.
Franchise fee.
The user fee or charge that the Town requires as payment
for using the streets, rights-of-way, public ways, and easements of
the Town.
Gross receipts.
Any and all compensation which is derived from the operation
of the system, and which is attributable to the systems operations
within the Town as allowed by law.
Historic district.
An area that is zoned or otherwise designated as a historic
district under municipal, State, or Federal law.
Law.
Common law or a federal, State, or local law, statute, code,
rule, regulation, order, or ordinance.
Local.
Within the geographical boundaries of the Town of Highland
Park, Texas.
Mayor.
The Mayor for the Town of Highland Park, Texas.
Macro tower.
A guyed or self-supported pole or monopole greater than the
height parameters prescribed by section 284.103 and that supports
or is capable of supporting antennas.
Micro network node.
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.
Municipally owned utility pole.
A utility pole owned or operated by a municipally owned utility,
as defined by section 11.003, Utilities Code, and located in a public
right-of-way.
Municipal park.
An area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity, and
includes the various properties used for such purpose under the direction,
control and supervision of the Town.
MUTCD.
Manual of Uniform Traffic-Control Devices.
Network node.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(1)
Includes:
(A)
Equipment associated with wireless communications;
(B)
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
and
(C)
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and
Network provider.
(1)
A wireless service provider; or
(2)
A person that does not provide wireless services and that is
not an electric utility but builds or installs on behalf of a wireless
service provider:
(B)
Node support poles or any other structure that supports or is
capable of supporting a network node.
Park.
Has the same meaning as “municipal park.”
Permit.
A document issued by the Town authorizing installation, removal,
modification and other work for equipment or facilities in accordance
with the approved plans and specifications.
Pole.
A service pole, municipally owned pole, node support pole,
or other utility pole, and shall include network node support pole.
Person.
Any individual, corporation, business, trust, estate, trust,
partnership, association of two (2) or more persons having a joint
common interest, governmental agency, or other legal entity. From
context within sections of this article, it refers to persons using,
applying or seeking to use the right-of-way.
Provider.
Has the same meaning as “network provider.”
Public right-of-way management ordinance.
This article of the Code of Ordinances of the Town of Highland
Park and includes all other Highland Park ordinances that comply with
chapter 284 of the Local Government Code.
Right-of-way, public way or public right-of-way or public rights-of-way
or rights-of-way or right-of-way.
(1)
The surface of, and the space above and below a public street,
road, highway, freeway, land, path, public way or place, alley, court,
boulevard, parkway, drive, or other easement now or hereafter held
by the Town (including any street, as defined, which is acquired by
eminent domain) for the purpose of public travel and shall include
other easements or rights-of-way now or hereafter held by the Town
(including any easements or rights-of-way acquired by eminent domain)
which shall, with their proper use and meaning, entitle the Town or
utility provider, with proper authorization, to use thereof for the
purpose of installing or transmitting utilities over poles, wires,
cable, conductors, ducts, conduits, viaducts, manholes, amplifiers,
appliances, attachments, and other property as may ordinarily be necessary.
(2)
The term does not include a private easement or the airwaves
above a public right-of-way with regard to wireless telecommunications.
Service pole.
A pole, other than a municipally owned utility pole, owned
or operated by a municipality and located in a public right-of-way,
including:
(1)
A pole that supports traffic-control functions;
(3)
A pole that supports lighting, other than a decorative pole;
and
(4)
A pole or similar structure owned or operated by a municipality
and supporting only network nodes.
Small cell.
Shall be included as a type of network node and have the
same meaning as “network node.”
Street.
Only the portion of the right-of-way with a specially prepared
surface used for vehicular travel, which surface may be concrete,
asphalt, or other material commonly used to prepare a surface for
vehicular travel, and is limited to the area between the inside of
the curb (when there is a curb) to the inside of the opposite curb,
and does not include the curb area or the area between the two parallel
edges of the surface used for vehicular travel where there is no curb.
A street is generally part of, but less than, or smaller in width
than, the size or width of the right-of-way. Right-of-way includes
the sidewalks and utility easements and street does not include a
sidewalk or utility easement. A Street does not include the curb,
sidewalk, ditch, if any or present either at time of permitting or
if added later.
SWPPP.
Stormwater pollution prevention plan.
TAS.
Texas Accessibility Standards.
Town.
The Town of Highland Park, Texas or its lawful successor,
and includes the Highland Park Town Council.
Traffic signal.
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
Transport facility.
Each transmission path physically within 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.
Underground district or underground requirement area or underground
area.
An area where poles, overhead wires, and associated overhead
or above ground structures have been removed and buried or have been
approved for burial underground pursuant to municipal ordinances,
zoning regulations, State law, private deed restrictions, or other
public or private restrictions, that prohibit installing aboveground
structures in a public right-of-way.
User.
A person or organization that owns, places or uses facilities
occupying the whole or a part of a public street or right-of-way,
depending on the context.
Utility pole.
A pole that provides:
(1)
Electric distribution with a voltage rating of not more than
34.5 kilovolts; or
(2)
Services of a telecommunications provider, as defined by section
51.002 of the Utilities Code.
Voice service.
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).
Wireless service.
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.
Wireless facilities.
“Micro network nodes,” “network nodes,”
and “node support poles” as defined in Texas Local Government
Code chapter 284.
(Ordinance 2025 adopted 8/28/17)
(a) The Town may institute all appropriate legal action to prohibit any
person from knowingly using the public rights-of-way unless the person
has complied with the terms of this article.
(b) This article shall not be construed as imposing upon the Town or
any official or employee any liability or responsibility for damages
to any person injured by the performance of any work for which a permit
is issued hereunder, nor shall the Town or any official or employee
thereof be deemed to have assumed any such liability or responsibility
by reason of inspections authorized hereunder, the issuance of any
permit or the approval of any work.
(Ordinance 2025 adopted 8/28/17)