(a)
This article may be known and cited as the right-of-way management
ordinance for the city.
(b)
The city 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 city, including such uses as have been
recognized in statutory and common law in the state.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
This article shall be construed under and in accordance with the
laws of the state and the city charter and city 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. All
obligations of the parties hereunder are performable in Williamson
County, Texas.
(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 O-2021-034 adopted 6/3/21)
This article shall be effective within the geographical limits
of the city, including any areas subsequently annexed by the city.
(Ordinance O-2021-034 adopted 6/3/21)
The definitions in this section apply to all of this article 18.03.
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 non-functioning
condition for more than one hundred twenty (120) consecutive calendar
days unless, after notice to provider, provider has established to
the reasonable satisfaction of the city that the applicable facilities,
or portion thereof, is still in active use.
(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 (1) path shall be counted
for every ten (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.
Secondary, supporting, or subordinate.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
a person submitting an application or proposal to the city
for a license, franchise, permit or notice to install facilities or
equipment or work in the right-of-way.
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 city. An “application” or “proposal” includes
all written documentation, and official statements and representations,
in whatever form, made by an applicant to the city.
Any transaction or action which effectively or actually transfers
the authorization or franchise or changes operational or managerial
control from one (1) person or entity to another.
A negotiated privilege pursuant to an agreement between the
city 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 city, and may be for a limited period of time or for a specific
purpose.
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.
The City of Hutto, Texas or its lawful successor, and includes
the Hutto City Council.
The city council for the Hutto, Texas or its lawful successor,
which is the governing body for the city.
The Hutto City Manager, or designee.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
The Public Utility Commission of Texas.
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.
The annual revised consumer price index for all urban consumers
for the state, as published by the Federal Bureau of Labor Statistics.
Any wireless facility or pole that is covered, painted, disguised,
or blended in to 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 façade, blended with surrounding area design, painted to
match the supporting area, or disguised with artificial tree branches.
Williamson County, Texas.
Shall be included as a type of network node and have the
same meaning as “network node.”
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.
An area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
An imminent, impending, or actual natural or humanly induced
situation wherein the health, safety, or welfare of the residents
of the city is threatened, and includes, but is not limited to any
declaration of emergency by city, state or federal governmental authorities.
Refers to or shall include any public easement or other compatible
use, whether created by dedication or by the 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.
The Federal Administrative Agency, or lawful successor, authorized
to oversee cable television and other multi-channel regulation on
a national level.
A form of communication transmission that uses light to send
data, high quality video and sound.
The initial authorization, or subsequent renewal granted
by the city in order for a person to construct, operate, and maintain
a system in all, or part, of the city right-of-way.
The date of expiration, or the end of the term of a franchise,
permit or license agreement.
The user fee or charge that the city requires as payment
for using the streets, rights-of-way, public ways, and easements of
the city.
Any and all compensation which is derived from the operation
of the system, and which is attributable to the systems operations
within the city as allowed by law.
Right-of-way adjacent to a state or federal highway.
An area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
Common law or a federal, state, or local law, statute, code,
rule, regulation, order, or ordinance
Within the geographical boundaries of the City of Hutto,
Texas.
Has the meaning assigned by section 51.002, Utilities Code.
The mayor for the City of Hutto, Texas.
A network node that is not larger in dimension than twenty-four
(24) inches in length, fifteen (15) inches in width, and twelve (12)
inches in height, and that has an exterior antenna, if any, not longer
than eleven (11) inches.
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.
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 under the direction, control and supervision
of the city’s director of parks and recreation department pursuant
to the authority granted by city council and the City Code of Ordinances.
Manual of Uniform Traffic-Control Devices.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
Includes:
Equipment associated with wireless communications;
A radio transceiver, an antenna, a battery-only backup power
supply, and comparable equipment, regardless of technological configuration;
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and
Small wireless facilities as defined in 47 CFR section 1.6002(1);
and
A pole as defined by chapter 284 of the Texas Local Government
Code.
Has the same meaning as “municipal park.”
A document issued by the city authorizing installation, removal,
modification and other work for equipment or facilities in accordance
with the approved plans and specifications.
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, including
the city.
A service pole, municipally owned pole, node support pole,
or other utility pole, and shall include network node support pole.
Has the same meaning as “network provider.”
Public right-of-way accessibility guidelines.
This article 18.03 of the City of Hutto Ordinances and includes all other Hutto ordinances that comply with chapter 284 of the Texas Local Government Code.
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 city (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 city
(including any easements or rights-of-way acquired by eminent domain)
which shall, with their proper use and meaning, entitle the city 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.
The term does not include a private easement or the airwaves above
a public right-of-way with regard to wireless telecommunications.
A pole, other than a municipally owned utility pole, owned
or operated by a municipality and located in a public right-of-way,
including:
Shall be included as a type of network node and have the
same meaning as “network node.”
The State of Texas.
Only the portion of the right-of-way with a specially prepared
surface used for vehicular travel, which surface may be concrete,
blacktop 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 (2)
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 or ditch, if any or present either at time of permitting
or if added later.
Stormwater pollution prevention plan.
Texas Accessibility Standards.
Shall have the same meaning as “street.”
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
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.
United States Code.
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.
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.
A pole that provides:
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).
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.
A person that provides wireless service to the public.
“micro network nodes,” “network nodes,”
and “node support poles” as defined in Texas Local Government
Code chapter 284, and “small wireless facilities” as defined
in 47 CFR section 1.6002(1).
(Ordinance O-2021-034 adopted 6/3/21)
(a)
The city 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 city 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 city 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 O-2021-034 adopted 6/3/21)
It is an offense to violate any provision of this article. Any
person violating any provision of this article shall be deemed guilty
of a misdemeanor. Each such person shall be deemed guilty of a separate
offense for each and every day, or portion thereof, during which any
violation of any provision of this article is committed, continued,
or permitted.
(Ordinance O-2021-034 adopted 6/3/21)
