The purpose of this division is to set forth the standards for the city’s regulation of the installation of network nodes and network support poles pursuant to chapter 284 in a way that is fair, reasonable and nondiscriminatory in accordance with chapter 284 while managing the public right-of-way and balancing the interests of network providers with the health, safety, and welfare of the public and while acting on behalf of the state as the fiduciary trustee of public property under chapter 284. This division shall be construed in accordance with chapter 284, to the extent not in conflict with the constitution and laws of the United States or of the state.
(Ordinance 17-08-1056 adopted 8/29/17)
For the purpose of this division, the definitions found in the city’s design manual for the installation of network nodes and node support poles (“the design manual”) are hereby incorporated into this division and shall apply unless the context clearly indicates or requires a different meaning. The definitions contained within the city’s right-of-way management ordinance(s) currently in effect, and as amended, (the “general definitions”) shall be applicable to this division to the extent that there is no conflict between the general definitions and the definitions contained herein or the definitions in the design manual. In the event of a conflict between the definitions in this division, the definitions in the design manual and the general definitions, the definitions contained in this Division and the design manual shall control. The following definitions are specifically applicable to this division:
Applicable codes.
(1) 
The city adopted uniform or international building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and
(2) 
Local amendments to those codes as adopted by the city to the extent not inconsistent with chapter 284.
Chapter 284.
Texas Local Government Code, chapter 284, as amended.
City.
The City of Murphy, Texas or its lawful successor.
City council.
The municipal governing body of the City of Murphy, Texas.
City manager.
The city manager of the City of Murphy or designee.
City-owned utility pole.
A utility pole owned or operated by a city-owned utility, as defined by section 11.003, Utilities Code, and located in a public right-of-way.
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 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 city ordinances and applicable codes.
Design district.
An area that is zoned, or otherwise designated by city’s ordinances and applicable codes, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Easement.
Includes any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. “Easement” shall include a private easement used for the provision of utilities.
Federal Communications Commission or FCC.
The Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
Highway right-of-way.
Public right-of-way adjacent to a state or federal highway.
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 (municipal or county), statute, code, rule, regulation, order, or ordinance.
Local.
Within the geographical boundaries of the city.
Location.
The city-approved and lawfully permitted location for the network node, pole, or other equipment of the network provider.
Macro tower.
A guyed or self-supported pole or monopole greater than the height parameters prescribed by section 284.103 of chapter 284 and that supports or is capable of supporting antennas.
Mayor.
The mayor of the City of Murphy, Texas, or designee.
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.
Municipal park.
An area that is zoned or otherwise designated by the city or city ordinance as a public park for the purpose of recreational activity.
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
(2) 
Does not include:
(A) 
An electric generator;
(B) 
A pole; or
(C) 
A 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:
(A) 
Network nodes; or
(B) 
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.
Permit.
A written authorization for the use of the public right-of-way or collocation on a service pole required from the city before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.
Pole.
A service pole, city-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.
Provider.
Has the same meaning as “network provider.”
Public right-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include:
(1) 
A private easement; or
(2) 
The airwaves above a public right-of-way with regard to wireless telecommunications.
Right-of-way management ordinance.
The right-of-way ordinance codified in the City of Murphy Code of Ordinances as title I, “general ordinances”, chapter 16, entitled “public ways and public places,” “article 16.05,” “right-of-way management,” whether in effect upon the date of adoption of this division 2 or adopted thereafter, and as may be amended from time to time in the future, including amendments adopting additional sections of the Code of Ordinances of the City of Murphy.
Service pole.
A pole, other than a city-owned utility pole, owned or operated by the city and located in a public right-of-way, including:
(1) 
A pole that supports traffic-control functions;
(2) 
A structure for signage;
(3) 
A pole that supports lighting, other than a decorative pole; and
(4) 
A pole or similar structure owned or operated by the city and supporting only network nodes.
Street.
Only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “street” is generally part of, but smaller in width than the width of the entire public right-of-way, while a public right-of-way may include sidewalks and utility easements. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
Traffic signal.
Any city-owned or operated 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 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.
User.
A person or organization which conducts a business over facilities occupying the whole or a part of a public street or public 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 chapter 284, section 51.002, Utilities 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 or network provider.
A person that provides wireless service to the public.
Wireless facilities.
“Micro network nodes,” “network nodes,” and “node support poles” as defined in Texas Local Government Code, chapter 284.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Applicability.
The terms of this division shall apply to all network providers and network providers’ facilities used, in whole or part, in the provision of wireless services throughout the city, including any annexed areas upon the effective date of annexation or the date the city provides the company written notice, whichever date occurs later, within the public right of way, including without limitation the highway right-of-way as defined herein. The terms of the city’s right-of-way management ordinance (defined herein) apply to network providers to the extent that the terms of that ordinance do not conflict with the terms of this division, the design manual, or with chapter 284. In the event of a conflict, the terms of this division, the design manual and chapter 284 shall control.
(b) 
Use and occupancy of public right of way.
Pursuant to this division and subject to chapter 284, the design manual, applicable city ordinances, and applicable codes, a network provider has the nonexclusive right to use and occupy the public right-of-way in the city only for the purpose of:
(1) 
Conducting activities related to transport facilities for network nodes in the public right-of-way;
(2) 
The activities of a network provider collocating network nodes in the public right-of-way; or
(3) 
Installing, constructing, operating, modifying, replacing, and maintaining node support poles in a public right-of-way.
(Ordinance 17-08-1056 adopted 8/29/17)
All wireless service providers shall comply with the terms of all applicable law, including without limitation, this division 2, use of public right-of-way by network providers (right-of-way management), the right-of-way management ordinance, other applicable city ordinances, applicable codes, and the city’s design manual.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Standards.
A network provider shall construct and maintain network nodes and network support poles described in chapter 284 in a manner that does 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 providers;
(3) 
Violate nondiscriminatory applicable codes;
(4) 
Violate or conflict with the city’s design manual; or
(5) 
Violate the Federal Americans with Disabilities Act of 1990 (ADA), as amended.
(b) 
Size of network nodes and equipment cabinets.
All network providers shall comply with the size limitations of network nodes and equipment cabinets as set forth in the design manual and chapter 284.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Permit required.
Except as otherwise provided in chapter 284, a network provider shall obtain one (1) or more permits from the city to install a network node, node support pole, or transport facility in a city public right-of-way.
(b) 
Consolidated permit application.
A network provider requesting to install or collocate multiple network nodes inside the municipal limits of the city may file a consolidated permit application with the city for not more than thirty (30) network nodes, and upon payment of the applicable fee(s), receive a permit or permits for the installation or collocation of those network nodes.
(c) 
Required Information.
The network provider shall provide the following information in its permit applications:
(1) 
Applicable construction and engineering drawings and information to confirm that the applicant will comply with the city’s design manual and applicable codes;
(2) 
Any additional information reasonably related to the network provider’s use of the public right-of-way to ensure compliance with the design manual, this division, the right-of-way management ordinance and chapter 284;
(3) 
A certificate that the network node(s) complies with applicable regulations of the Federal Communications Commission;
(4) 
Certification that the proposed network node(s) will be placed into active commercial service by or for the network provider not later than the sixtieth (60th) day after the date of construction and final testing of each network node is completed;
(5) 
A certificate of insurance that provides that the network provider and its contractor has at least $1,000,000.00 in general liability coverage; and
(6) 
An email address of the contact person for network provider with whom city may communicate regarding the application.
(d) 
Exemption from permit.
As provided in section 284.157 of chapter 284, a network provider is not required to apply, obtain a permit, or pay a rate to the city for:
(1) 
Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(2) 
Replacing or upgrading a network node or network pole with a node or pole that is substantially similar (as set forth in subsection (e) “substantially similar node or pole” below), in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or
(3) 
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.
(4) 
Notwithstanding the provisions of this subsection (d):
(A) 
The network provider or its contractors shall notify the city at least twenty-four (24) hours in advance of work described in subsection (d);
(B) 
The network provider may replace or upgrade a pole only with the approval of the pole’s owner; and
(C) 
The size limitations may not in any event exceed the parameters prescribed by section 284.003 of chapter 284 without the city’s approval in accordance with section 284.109 of chapter 284, with the city acting on behalf of the state as fiduciary trustee of public property.
(e) 
Substantially similar node or pole.
A network node or pole is considered to be “substantially similar” if:
(1) 
The new or upgraded network node, including the antenna or other equipment element, will not be more than ten (10) percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by section 284.003 of chapter 284; and
(2) 
The new or upgraded pole will not be more than ten (10) percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by section 284.103 of chapter 284.
(3) 
The replacement or upgrade does not include replacement of an existing node support pole; and
(4) 
The replacement or upgrade des not defeat existing concealment elements of a node support pole.
(f) 
Measurement.
The determination of whether a replacement or upgrade is substantially similar for purposes of section (e)(1) and (e)(2) of this section is made by measuring from the dimensions of the network node or node support pole as approved by the city.
(g) 
Height and distance limitations - exception.
Subject to subchapter D of chapter 284, a network provider may only construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by chapter 284 if the city approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations, the design manual and applicable codes.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Installation.
A network provider shall obtain advance written consent from the city council before collocating new network nodes or installing new node support poles in an area of the city that has been zoned or otherwise designated as a historic district or as a design district if the district has decorative poles. The network provider shall be required to comply with the general aesthetic requirements specified in the city’s design manual and as set forth in this section. The city has the authority and discretion to designate new historic districts and design districts any time, including subsequent to the adoption of this division.
(b) 
Concealment - submission of proposal for camouflage.
Concealment of network nodes and node support poles shall be required by the city in design districts with decorative poles and in historic districts pursuant to chapter 284.105. All new node support poles shall be camouflaged as much as possible, except those in locations that are zoned for predominantly industrial uses. Network providers shall submit its proposal for camouflage with its permit application.
(c) 
Enclosure.
The network node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized, to the extent possible, in strict accordance with this division and other applicable ordinances, except to the extent not consistent with chapter 284.
(d) 
Color.
Colors in historic districts and design districts must be approved by the city manager from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or shall match the background of any structure the facilities are located upon and all efforts shall be made by network provider for the colors to be inconspicuous. Colors in areas other than in historic districts and design districts shall conform to colors of other installations of telecommunication providers in immediately adjacent areas that do not violate this section or the design manual.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Installation.
A network provider shall not install a new node support pole in a public right-of-way without the city council’s discretionary written consent, which consent shall be nondiscriminatory, if the public right-of-way:
(1) 
Is in a municipal park; or
(2) 
Is adjacent to a street or thoroughfare that is:
(A) 
Not more than 50 feet wide; and
(B) 
Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(3) 
In addition to compliance with the requirements of the preceding section, a network provider installing a network node or node support pole in a public right-of-way identified in this section shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
(4) 
The network provider shall be further required to comply with guidelines set out in the city’s design manual, applicable city ordinances and applicable codes.
(b) 
Safety.
For the purpose of minimizing negative visual impact to the surrounding area, and in accordance with chapter 284, section 284.102(1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the city manager may deny a request for a proposed location if the network provider installs network node ground equipment where existing ground equipment within three hundred (300) feet already occupies a footprint of twenty-five (25) square feet or more.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Determination of application completeness.
(1) 
Upon receipt of a permit application, the city shall make a determination regarding whether the permit application is complete and shall notify the applicant of that determination as follows:
(A) 
For network nodes and node support poles.
Notice shall be provided no later than thirty (30) days after the date the city received the permit application.
(B) 
For a transport facility.
Notice shall be provided no later than ten (10) days after the date the city received the permit application.
(2) 
If city determines that an application is not complete, city shall identify the missing information necessary to complete the review of the application.
(b) 
Approval or denial of application.
The city shall approve or deny a completed application as follows:
(1) 
For network nodes.
No later than sixty (60) days after the date the city receives a complete application.
(2) 
For network support poles.
No later than one hundred and fifty (150) days after the date the city receives a complete application.
(3) 
For transport facilities.
No later than twenty-one (21) days after the city receives a complete application.
(c) 
Basis for denial of application.
If an application is denied by the city, it shall document the basis for the denial, including the specific applicable code provisions or other city ordinance, rule, regulation, or other law on which the denial is based and notify the applicant. The documentation for the denial will be sent by electronic mail to the person designated by applicant on or before the deadline for denial of the application as set forth above.
(d) 
Deemed approved.
An application for a permit for a node support pole, network node, or transport facility shall be deemed approved if the application is not approved or denied before the applicable date for such approval or denial.
(e) 
Resubmission of denied application.
The applicant may cure the deficiencies identified in the denial notice from city without paying an additional application fee, other than a fee for actual costs incurred by the city, if within thirty (30) days from the date the city denies the completed application, the applicant cures the deficiencies identified in the denial documentation and resubmits the revised completed application.
(f) 
Reconsideration of denied application.
After providing notice of denial in accordance with this section, the city shall approve or deny the revised completed application no later than ninety (90) days after the city receives a revised completed application. The city’s review shall be limited to the deficiencies cited in the denial documentation.
(g) 
Nondiscriminatory review.
Each completed application shall be processed by the city on a nondiscriminatory basis.
(Ordinance 17-08-1056 adopted 8/29/17)
A network provider shall begin installation for which a permit is granted not later than six (6) months after final approval of the application and shall diligently pursue installation to completion. Notwithstanding the foregoing, the city manager may in his/her sole discretion grant reasonable extensions of time for completion or grant reasonable extensions as requested by the network provider.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Fees and rental.
As compensation for the network provider’s use and occupancy of the city public right-of-way, the network provider shall pay application fees and annual public right-of-way rental rates as set forth in appendix A, which shall be in lieu of any lawful tax, license, charge, public right-of-way permit, use, construction, street cut or inspection fee; or other public right-of-way related charge or fee, whether charged to the network provider or its contractor(s) within the city, except the usual general ad valorem taxes, special assessments and sales tax levied in accordance with state law and equally applicable to all general businesses in the city.
(b) 
In-kind services prohibited.
The city may not seek or accept in-kind services unrelated to the installation or collocation for which a permit is sought, including in-kind contributions such as reserving fiber, conduit, or pole space for the city, in lieu of or as additional payment or consideration from any network provider, as a condition for issuing a permit required under chapter 284 for use of the public right-of-way.
(Ordinance 17-08-1056 adopted 8/29/17; Ordinance 18-12-1108, sec. 2, adopted 12/4/18)
As provided in section 284.302 of chapter 284, a wireless network provider shall indemnify, defend, and hold the city harmless from and against all liability, damages, cost, and expense, including reasonable attorney’s fees, arising from injury to person or property proximately caused by the negligent act or omission of the network provider accessing a public right-of-way under chapter 284. The city and the network provider, as applicable, shall promptly notify each other in writing of any known claim or demand against the other related to or arising out of the network provider’s use of the public right-of-way under chapter 284. After such notice, the network provider shall defend the claims. The network provider shall have the right to defend and compromise the claims. The city shall cooperate in the defense of the claims. The foregoing indemnity obligations shall not apply to claims arising solely from the negligence of city; however, they shall apply in the case of all claims which arise from the joint negligence of the network provider and the city; provided that in such cases, the amount of the claims for which the city shall be entitled to indemnification shall be limited to that portion attributable to the network provider. Nothing in this section shall be construed as waiving any governmental immunity available to the city under state law or waiving any defenses of the parties under state law. Further, the indemnification provided by chapter 284 is solely for the benefit of the city and the network provider and does not create or grant any rights, contractual or otherwise, to any other person or entity.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Removal or relocation by network provider.
(1) 
Notice.
In the event of removal or relocation of a micro network node, network node facilities, node support pole or related ground equipment by a network provider at its own discretion, network provider shall notify the city manager in writing not less than ten (10) business days prior to removal or relocation. Network provider shall obtain all permits required for relocation or removal of its micro network node, network node facilities, node support poles and related ground equipment prior to relocation or removal.
(2) 
No refunds.
No refunds of any amounts paid by network provider for micro network node, network node facilities, node support poles or related ground equipment that have been removed shall be due from city to network provider.
(b) 
Removal or relocation required for city project.
(1) 
In accordance with chapter 284, section 284.107, except as provided in existing state and federal law, a network provider shall relocate or adjust micro network node, network node, node support pole and related ground equipment in a public right-of-way in a timely manner and without cost to the city as manager of the public right-of-way.
(2) 
City may require network provider to remove or relocate its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the public right-of-way for city construction projects as allowed by law, including the common-law, without compensation.
(3) 
Network provider shall, at the city manager’s direction, remove or relocate the same at network provider’s sole cost and expense, except as otherwise provided in existing state and federal law, when the city manager reasonably determines that the relocation or removal is required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any city construction or maintenance project of a street or public right-of-way to enhance the use of the public for travel and transportation.
(4) 
If network provider fails to remove or relocate the micro network node, network node, node support pole or related ground equipment, or portion thereof as requested by the city manager within ninety (90) days of network provider’s receipt of the request, then the city shall be entitled to remove the micro network node, network node, node support pole or related ground equipment, or portion thereof at network provider’s sole cost and expense, without further notice to network provider.
(5) 
Network provider shall, within thirty (30) days following issuance of invoice for the same, reimburse the city for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the micro network node, network node, node support pole or related ground equipment, or portion thereof.
(c) 
Removal required by city for safety and imminent danger reasons.
(1) 
Public health and safety.
Network provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment within the time frame and in the manner required by the city manager if the city manager reasonably determines that the disconnection, removal, or relocation of any part of a micro network node, network node, node support pole and related ground equipment: (A) is necessary to protect the public health, safety, welfare, or city property; (B) the micro network node, network node, node support pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property; or (C) network provider fails to obtain all applicable licenses, permits, and certifications required by law for its micro network node, network node, node support pole and related ground equipment, or use of any location under applicable law. If the city manager reasonably determines that there is imminent danger to the public, then the city may immediately disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment at the network provider’s sole cost and expense.
(2) 
Notice.
The city manager shall provide ninety (90) days written notice to the network provider before removing a micro network node, network node, node support pole and related ground equipment under this section, unless there is imminent danger to the public health, safety, and welfare.
(3) 
Reimbursement.
Network provider shall reimburse city for the city’s actual cost of removal of micro network node, network node, node support pole and related ground equipment within thirty (30) days of receiving the invoice from the city.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
Installation.
Network provider shall, at its own cost and expense, install the micro network node, network node facilities, node support poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the city via the city manager, as such may be amended from time to time. Network provider’s work shall be subject to the regulation, control and direction of the city manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the micro network node, network node facilities, node support poles and related ground equipment shall be in compliance with all applicable laws.
(b) 
Inspections.
The city manager, or designee, may perform visual inspections of any micro network node, network node, node support pole or related ground equipment located in the public right-of-way as the city manager deems appropriate without notice to network provider. If the inspection requires physical contact with the micro network node, network node, node support poles or related ground equipment, the city manager shall provide written notice to the network provider within five (5) business days prior to the planned inspection. Network provider may have a representative present during such inspection.
(Ordinance 17-08-1056 adopted 8/29/17)
Network provider shall remove micro network node, network node, node support pole and related ground equipment when such facilities are abandoned (as defined in the design manual) regardless of whether or not it receives notice from the city. Unless the city sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of ninety (90) days of the micro network node, network node, node support pole and related ground equipment being abandoned or within ninety (90) days of receipt of written notice from the city. When network provider removes, or abandons permanent structures in the public right-of-way, the network provider shall notify the city manager in writing of such removal or abandonment and shall file with the city manager the location and description of each micro network node, network node, node support pole and related ground equipment removed or abandoned. The city manager may require the network provider to complete additional remedial measures necessary for public safety and the integrity of the public right-of-way.
(Ordinance 17-08-1056 adopted 8/29/17)
(a) 
As-built maps and records.
Network provider shall maintain accurate maps and other appropriate records of its network node facilities, node support poles and related ground equipment as they are actually constructed in the public right-of-way, including, upon request, the use of auto CAD/GIS digital format. Network provider shall provide additional maps to the city upon request.
(b) 
Courtesy and proper performance.
Network provider shall make citizen satisfaction a priority in using the public right-of-way. Network provider shall train its employees to be customer service-oriented and to positively and politely interact with citizens when dealing with issues pertaining to its micro network node, network node, node support pole and related ground equipment in the public right-of-way. Network provider’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction with the public. If, in the opinion of the city manager or designee, network provider is not interacting in a positive and polite manner with citizens, he or she shall request network provider to take all remedial steps to conform to these standards.
(c) 
Drug policy.
It is the policy of the city to achieve a drug-free workforce and environment. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by network provider’s employees, contractors, subcontractors, sub-network provider’s, or vendors while on public right-of-way is prohibited.
(d) 
Ownership.
No part of a micro network node, network node, node support pole and related ground equipment erected or placed on the public right-of-way by network provider will become, or be considered by the city as being affixed to or a part of, the public right-of-way. All portions of the micro network node, network node, node support pole and related ground equipment constructed, modified, erected, or placed by network provider on the public right-of-way shall be and remain the property of network provider and may be removed by network provider at any time, provided the network provider shall notify the city manager prior to any work in the public right-of-way.
(e) 
Tree maintenance.
Network provider, its contractors, and agents shall obtain written permission from the city manager before trimming trees hanging over its micro network node, network node, or node support pole, to prevent branches of such trees from contacting attached micro network node, network node, or node support pole. When directed by the city manager, network provider shall trim under the supervision and direction of the member of city staff designated by the city manager. The city shall not be liable for any damages, injuries, or claims arising from network provider’s actions under this section.
(f) 
Signage.
Network provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the network node facility that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground notification signs) or by the city. Except as required by law or by the utility pole owner, network provider shall not post any other signage or advertising on the micro network node, network node, node support pole, service pole or utility pole.
(g) 
Graffiti abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date network provider receives notice thereof, network provider shall remove all graffiti on any of its micro network node, network node, node support pole, and related ground equipment located in the public right-of-way at network provider’s sole cost and expense. The foregoing shall not relieve the network provider from complying with any city graffiti or visual blight ordinance, policy, or regulation.
(h) 
Restoration.
Network provider shall repair any damage to the public right-of-way, or any facilities located within the public right-of-way, and the property of any third party resulting from network provider’s removal or relocation activities (or any other of network provider’s activities hereunder) within ten (10) days following the date of such removal or relocation, at network provider’s sole cost and expense, including restoration of the public right-of-way and such property shall be returned to substantially the same condition as it was immediately before the date network provider was granted a permit for the applicable Location or did the work at such location (even if network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the city manager.
(i) 
Network provider’s responsibility.
Network provider shall be responsible and liable for the acts and omissions of network provider’s employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub-network providers and subcontractors in connection with the installations of any micro network node, network node, node support pole and related ground equipment in the public right-of-way, as if such acts or omissions were network provider’s acts or omissions.
(Ordinance 17-08-1056 adopted 8/29/17)
Nothing in this division shall govern attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunication providers as those terms are defined in chapter 284.
(Ordinance 17-08-1056 adopted 8/29/17)