In this division:
Abandon and its derivatives.
The facilities have been left in an unused or nonfunctioning condition for more than 90 consecutive days.
Antenna.
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes.
The most current building, electrical, mechanical, plumbing and fire codes codified in the city’s Code of Ordinances and amended therein.
Cable service.
Is defined in 47 U.S.C. section 522(6).
Cable service provider.
A person who provides cable service and has been issued a state-issued certificate of franchise authority from the Public Utility Commission of Texas or its successor under chapter 66, Tex. Util. Code.
Certificated telecommunications provider.
The meaning as set forth in section 283.002(2), Tex. Local Gov’t Code, for which the PUC has issued a certificate of operating authority or service provider certificate of operating authority to provide local exchange telephone service or 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.
Decorative pole.
A streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than temporary holiday or special event attachments, have been placed or are permitted to be placed pursuant to this division.
Design manual.
The design manual for siting and criteria for the installation of wireless micro network nodes, network nodes, node support poles and related ground equipment pursuant to chapter 284, Tex. Local Gov’t Code.
Director.
The director of public works or any other person designated by the city manager to administer this division.
Facilities.
A pole, conduit, pipeline, line, wire, equipment, antenna, structure, or facility of any kind whatsoever, and includes utility poles, transport facilities, micro network nodes, network nodes, node support poles, and related ground equipment.
Historic district.
An area that is zoned or otherwise designated as a historic district under city ordinance or state or federal law.
Law.
Common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
Macro tower.
A guyed or self-supported pole or monopole that supports or is capable of supporting antennas and does not exceed the height parameters prescribed by section 284.003, Tex. Local Gov’t Code.
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.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communications network.
(1) 
The term 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.
(2) 
The term does not include:
(A) 
An electric generator;
(B) 
Pole; or
(C) 
Macro tower.
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 network nodes or node support poles or any other structure that supports or is capable of supporting a network node.
Node support pole.
A pole installed by a network provider for the primary purpose of supporting a network node.
Park.
An area that is zoned or otherwise designated by the city as a public park for the purpose of recreational activity.
Permit.
A written authorization for the use of the public right-of-way or collocation on a service pole (as to network providers) before a user of the public right-of-way may perform an action or initiate, continue or complete a project. A “permit” includes all permits required by this division and applicable codes adopted by the city.
Pole.
A service pole, municipally owned utility pole, node support pole, or utility pole.
Private easement.
An easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
Public property.
Public rights-of-way, bridges, tunnels, and similar property in which the city holds any property interest or exercises any rights of management or control.
Public right-of-way.
The land below, above, and at the surface of any public street, highway, alley, sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include a private easement or the airwaves above the public right-of-way with regard to wireless telecommunications.
Public right-of-way rate.
The annual rental charge paid by a network provider to the city related to the construction, maintenance, or operation of network nodes within the public right-of-way, as provided in section 5.007 of the fee schedule.
Service pole.
A pole owned or operated by the city and located in the public right-of-way, including a:
(1) 
Pole that supports traffic-control functions;
(2) 
Structure for signage;
(3) 
Pole that supports lighting, other than a decorative pole; and
(4) 
Pole or similar structure owned or operated by the city and supporting only network nodes.
Sidewalk.
That portion of a public right-of-way improved and designated for pedestrian travel or pedestrian and bicycle travel.
Street.
That portion of a public right-of-way improved and designated for or ordinarily used for vehicular traffic.
Substantially similar.
(1) 
The:
(A) 
New or upgraded network node, including the antenna or other equipment element, will not be more than 10% larger than the existing network node, provided that the increase may not result in the network node exceeding the size limitation provided in this division approved by the city; and
(B) 
New or upgraded pole will not be more than 10% higher than the existing pole, provided that the increase may not result in the pole exceeding the height limitations provided in this division approved by the city.
(2) 
The determination of whether a replacement or upgrade is substantially similar under subsections (A) and (B) is made by measuring from the dimensions of the network node or node support pole, as provided in the design manual.
Transport facility.
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.
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, Tex. Util. Code.
Video service.
The meaning as set forth in section 66.002(10), Tex. Util. Code.
Video service provider.
The meaning as set forth in section 66.002(11), Tex. Util. Code for which the PUC has issued a state-issued certificate of franchise authority to provide video service.
Voice service.
The meaning as set forth in section 283.002, Tex. Local Gov’t Code.
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 service provider.
A person that provides wireless service to the public.
(Ordinance 436 adopted 8/15/2017)
(a) 
A network provider must obtain advance approval from the city before collocating new network nodes or installing new node support poles on decorative poles in the city.
(b) 
As a condition for approval of new network nodes or new node support poles on a decorative pole, a network provider shall consider reasonable design or concealment measures for the new network nodes or new node support poles. The city specifically requests that a network provider explore the feasibility of using certain camouflage measures to improve the aesthetics of the new network nodes, new node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics on decorative poles.
(Ordinance 436 adopted 8/15/2017)
(a) 
Insurance.
Any person required under this division to obtain the city’s consent to make use of the public right-of-way or any person required by this division to obtain a permit to perform construction in the public right-of-way must, during the period of the use or work, obtain and keep in effect insurance against claims for injuries to persons or damages to property arising from or in connection with the performance of the work, comprehensive general liability and property damage insurance with minimum limits of $500,000.00 for the injury or the death of any one person, $1,000,000.00 for each occurrence, and $100,000.00 for each occurrence of damage to or destruction of property.
(b) 
Indemnity.
(1) 
As to certificated telecommunications providers:
The indemnity provisions of section 283.057(a) and (b), Tex. Local Gov’t Code, apply to certificated telecommunications providers. “Municipality” shall mean the “city.” “Parties” shall mean the city and the certificate telecommunications provider.
(2) 
As to cable service providers and video service providers:
The indemnity provisions of section 66.012(a) and (b), Tex. Util. Code, apply to cable service providers and video service providers. “Municipality” shall mean the “city.” “Holder of state-issued certificate of franchise authority” shall mean a cable service provider or a video service provider. “Parties” shall mean and refer to the city and cable service provider or cable video service provider, as applicable.
(3) 
As to network providers:
Pursuant to section 284.302, Tex. Local Gov’t Code, the indemnification provisions of section 283.057(a) and (b), Tex. Local Gov’t Code, apply. “Municipality” shall mean the “city.” “Certificated telecommunications provider” shall be revised to mean a “network provider.” “Parties” shall mean the city and the network provider.
(4) 
As to electric and gas franchises existing on the effective date of this division:
The indemnity provisions of the franchise ordinance applicable to each apply.
(5) 
As to other water, wastewater, electrical, natural gas, or other services not authorized by city ordinance, the contract shall contain the following indemnify language:
The user of the public right-of-way must indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney’s fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the user of the public right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the user of the public right-of-way, or its respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the city, its officers, employees, contractors, or subcontractors. If a user of the public right-of-way and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the city and user of the public right-of-way under state law. This section is solely for the benefit of the city and the user of the public right-of-way and does not create or grant any rights, contractual or otherwise, to any other person or entity.
(Ordinance 436 adopted 8/15/2017)
(a) 
Within 60 calendar days following written notice from the city, any person owning facilities located in the public right-of-way, must, as directed by the city, and at the person’s sole cost, temporarily or permanently remove, relocate, change or alter the position of any of their facilities that are in the public right-of-way whenever the city determines that the removal, relocation, change or alteration is necessary for the construction, repair, maintenance, installation, completion, relocations, or widening of any city improvement, facilities, or equipment, in or upon the public right-of-way. Relocation of a micro network node, network node, node support pole, and related ground equipment must comply with the provisions of this division regarding spacing and other limitations.
(b) 
If a person does not remove or relocate its facilities as required by subsection (a) of this section, the city may remove the facilities at the person’s sole cost and expense, without further notice to the person and within 30 days following receipt of an invoice from the city, the person shall reimburse the city for its reasonable expenses incurred in the removal or relocation of the facilities.
(c) 
If the director determines that there is imminent danger to the public health, safety and welfare, the director may immediately disconnect, remove or relocate a person’s facilities in the public right-of-way at the person’s sole cost. The person shall reimburse the city for its reasonable expenses incurred in the removal or relocation of the facilities within 30 days following receipt of an invoice from the city.
(d) 
If a person owning a facility in the public right-of-way removes or relocates the facility at its discretion, the person shall notify the city in writing not less than ten business days prior to the removal or relocation. A relocation must comply with the provisions of this division. The person shall obtain all permits required for the removal or relocation of the person’s facilities prior to the removal or relocation.
(e) 
If a person does not remove or relocate its facilities as required by subsection (a) and (b) of this section, the city may remove the facilities at the person’s sole cost and expense, without further notice to the person and within 30 days following issuance of an invoice from the city, the person shall reimburse the city for its reasonable expenses incurred in the removal or relocation of the facilities.
(Ordinance 436 adopted 8/15/2017)
(a) 
It is unlawful for any person to knowingly construct, place, maintain, or operate any line, wire, pipe, conduit, equipment, antenna, pole, structure, or facility in a public right-of-way or other public property for the purpose of providing water, wastewater, electrical, natural gas, or other unauthorized service to any person, without first receiving the consent of the city council. The city council may, as a condition of its giving its consent, require the person requesting such use to enter into a written agreement with the city containing the conditions under which the use of the public right-of-way will be permitted.
(b) 
Except in cases of emergency, it is unlawful for any person to knowingly dig up, break, cut, excavate, drill or tunnel in or on any public right-of-way without first obtaining a right-of-way work permit from the city.
(c) 
It is unlawful for any person to knowingly install or place any facilities in a public right-of-way or make use of the public right-of-way for any purpose not authorized by state law or the city, as applicable, in accordance with city ordinances.
(d) 
It is unlawful for any person doing work under a permit to violate a provision of the permit.
(e) 
It is unlawful for any person to continue work under a permit after receiving a stop-work order or receiving notice that a stop-work order has been issued or to resume the work or activity until the director withdraws the stop-work order.
(f) 
Each unauthorized use of the public right-of-way or other public property is a separate offense. And each day a violation continues is a separate offense.
(Ordinance 436 adopted 8/15/2017)
(a) 
Gas and electric franchises.
To the extent of a conflict between this division and a gas or electric franchise existing on the date of this division, the gas or electric franchise ordinance shall control.
(b) 
Other utilities and telecommunications providers.
Per section 284.252, Tex. Local Gov’t Code, the provisions of chapter 284 do not apply to the attachment of network nodes on poles or other structures owned by investor-owned electric utilities (section 31.002, Tex. Util. Code), electric cooperatives (section 11.003, Tex. Util. Code) telephone cooperatives (section 162.003, Tex. Util. Code) or telecommunications providers (section 51.002) and does not confer any new city authority over those utilities, cooperatives or providers.
(c) 
Cable service or video service providers.
Per section 284.253, Tex. Local Gov’t Code, approval for the installation, placement, and maintenance of operation of a network node or transport facility does not authorize:
(1) 
Cable services or video service to be provided without compliance with chapter 66, Tex. Util. Code;
(2) 
Information service as defined by 47 U.S.C. section 153(24) to be provided in the public right-of-way; or
(3) 
Telecommunications service as defined by 47 U.S.C. section 153(53) to be provided in the public right-of-way.
(d) 
Wireless service providers.
A wireless service provider, or its affiliate, that holds a cable or video franchise under chapter 66, Tex. Util. Code, is not required to obtain additional authorization or to pay any fees based on the provider’s provision of wireless service over its network nodes. Section 284.253(b), Tex. Local Gov’t Code.
(Ordinance 436 adopted 8/15/2017)