(a)
This design manual is for maintenance of, siting and criteria for
the installation of wireless facilities, including micro network nodes,
network nodes, node support poles and related ground equipment being
installed pursuant to Tex. Loc. Gov’t Code, chapter 284, the
FCC Order, and related federal regulations.
(b)
This design manual shall apply to any and all maintenance, siting,
installations, collocations, or other placement of, in, over or under
the public rights-of-way of network nodes, node support poles, micro
network nodes, distributed antenna system(s), microwave communications
or other wireless facilities, by whatever nomenclature, whether they
are installed pursuant to chapter 284 of the Local Government Code
or installed pursuant to an agreement to use the right-of-way or authorization
or installed as may otherwise be allowed by state law.
(c)
The city enacts these design requirements and guidelines in order
to meet its fiduciary duty to its citizens, and to give assistance
and guidance to network providers in the safe, aesthetically pleasing,
efficient, and timely installation of facilities.
(d)
The Federal Communications Commission, by Declaratory Ruling and
Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84,
released on September 27, 2018, Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Development (FCC Order), adopted
new rules affecting the city’s review of wireless facility siting
applications, located at 47 CFR §§ 1.6001–1.6003.
The FCC’s Order recognizes the appropriateness of the imposition
by municipalities of aesthetic standards on small wireless facilities
that are reasonable, no more burdensome than those applied to other
types of infrastructure deployments, and published in advance. This
design manual meets the guidelines stated by the FCC, and is for the
purpose of furthering the public health, safety, and welfare of the
citizens of the city by establishing aesthetic standards for the installation
of facilities in the public rights-of-way that are reasonably directed
to avoiding or remedying the intangible public harm of unsightly or
out-of-character deployments in the public rights-of-way. All of the
provisions herein, whether specifically stated or not, are for the
furtherance of this public purpose.
(e)
The provisions of this design manual are adopted to further the public
health, safety, and welfare of the citizens of the city by establishing
aesthetic standards for the installation of facilities in the public
right-of-way that are reasonable, are technically feasible, and are
reasonably directed to avoiding or remedying the intangible public
harm of unsightly or out-of-character deployments. The provisions
of this design manual are further adopted in order to avoid congestion
of the right-of-way caused by multiple pole installations, minimize
the hazard of poles adjacent to roadways, minimize the effect on property
values, and protect, maintain, and promote the appearance of natural
surroundings in public parks and certain residential areas and in
areas designated as underground areas.
(f)
A network provider shall comply with the city’s rights-of-way
management ordinance except where in conflict with this design manual
or chapter 284, subchapter C, or the FCC order and rules adopted thereby.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Municipal parks and residential areas.
A network provider
may not install a new node support pole in the following locations:
(1)
In a municipal park; or
(2)
In right-of-way that is adjacent to a street that is:
(A)
Not more than fifty (50) feet wide at average width, measuring vehicular
traveled portion only as set out in the definition of “street”
and the measurement does not include intersection and refers only
to the main traveled portion measured at mid-block or mid-point between
intersections; and
(B)
Adjacent to developed or undeveloped single-family residential lots,
other multifamily residential area or land that is designated for
residential use by zoning or deed restrictions.
(3)
Construction in right-of-way adjacent to a school is prohibited,
unless all contractors, sub-contractors, or other workers follow all
statutory requirements in the Texas Education Code regarding work
on school grounds, as applicable.
(b)
Undergrounding district.
(1)
A network provider shall comply with nondiscriminatory undergrounding
requirements, including municipal ordinances, zoning regulations,
state law, private deed restrictions, and other public or private
restrictions, that prohibit installing aboveground structures in a
public right-of-way without first obtaining the appropriate zoning,
land use approval or other required approval.
(2)
Areas may be designated from time to time by the city as underground
required areas in accordance with filed plats, and or conversions
of overhead to underground areas, as may be allowed by law.
(3)
Each permit application shall disclose if it is within an area that
has undergrounding requirements.
(c)
Historic district and design districts.
(1)
A network provider must obtain advance written approval from the
city before collocating network nodes or installing node support poles
in a design district with decorative poles or in an area of the city
zoned or otherwise designated as a design district or historic district.
(2)
Concealment required:
(A)
As a condition for approval of network nodes or node support poles
in design districts with decorative poles or in a historic district,
concealment measures are required for network nodes or node support
poles or related ground equipment or any portion of the nodes, poles,
or equipment.
(B)
Said concealment measures shall minimize the impact to the aesthetics
in a historic district or design district.
(3)
Network provider shall comply with and observe all applicable city,
state, and federal historic preservation laws and requirements.
(d)
Historic preservation laws and requirements.
Network
provider shall comply with and observe all applicable city, state,
and federal laws and requirements, including historic preservation
laws and requirements.
(e)
Historic landmarks.
Network provider is discouraged
from installing a network node or node support pole within three hundred
(300) feet of a historic site or structure or historic landmark recognized
by the city, state or federal government (see, for example, and not
limited to §442.001(3) of the Texas Government Code, and 16 U.S.C.
§470), as of the date of the submission of the permit.
(f)
Designated areas.
(1)
The council may designate an area as a historic district, design
district or underground district at any time.
(2)
Underground district.
Underground districts or underground
requirement areas are not limited to those designated above and any
area that meets the definition of underground district or underground
requirement area shall be considered to be an underground district
or underground requirement area. An area does not need to be designated
by this article to be considered to be within an underground district.
Such designation does not require a zoning case. Any area declared
to be an underground district by city council or any area that meets
the definition of underground district or underground requirement
area shall be subject to all requirements and protections for an underground
district.
(3)
Historic district.
Historic districts are not limited
to those designated above and any area that meets the definition of
historic district shall be considered to be a historic district. An
area does not need to be designated by this ordinance to be considered
to be within a historic district. Such designation does not require
a zoning case. Any area declared to be a historic district by city
council or any area that meets the definition of historic district
shall be subject to all requirements and protections for a historic
district.
(4)
Design district.
Design districts are not limited to
those designated above and any area that meets the definition of design
district shall be considered to be a design district. The city council
may designate an area as a design district at any time. An area does
not need to be designated in this ordinance to be considered to be
within a design district. Such a designation does not require a zoning
case. Any area designated by city council as a design district or
any area that meets the definition of a design district shall be subject
to all requirements and protections for a design district.
(g)
Defense.
(1)
It shall be a defense to the above requirements prohibiting or restricting
location of facilities in a park, residential area, historic district,
design district or underground district that the network provider
obtained advance written approval or waiver of restrictions from the
city before collocating new network nodes or installing new node support
poles or ground equipment in a prohibited or restricted location.
In any prosecution herein for such prohibition or violation of any
restrictions, it shall be an affirmative defense to have an agreement
with the city that approved such location or waived the applicable
restriction.
(2)
If an agreement is granted to locate in a prohibited location, the
network provider shall be required, as a condition for approval of
new network nodes or new node support poles in a prohibited location,
to install reasonable design or concealment measures for the new network
nodes or new node support poles. Therefore, any request for installations
in a prohibited location, must be accompanied with concealment measures
in the permit applications.
(3)
The city requests that a network provider explore the feasibility
of using certain camouflage measures to improve the aesthetics of
the network nodes, node support poles, or related ground equipment,
or any portion of the nodes, poles, or equipment, to minimize the
impact to the aesthetics in all locations of the city.
(h)
Private deed restrictions and property owners association rules.
A network provider installing a network node or node support
pole in a public right-of-way described above shall comply with private
deed restrictions and other private restrictions in the area that
apply to those facilities.
(i)
Ground equipment.
(1)
Ground equipment shall be minimal and the least intrusive at all
sites.
(2)
In order to maximize line of sight at street corners and intersections
and minimize hazards at those locations, ground equipment may not
be installed within two hundred fifty (250) feet of a street corner
or street intersection.
(3)
Ground equipment may not be installed at street corners or intersections
within a visibility triangle.
(4)
Ground equipment shall not be installed near a driveway.
(j)
Each permit application shall designate if the requested area for
installation is within a residential area, a municipal park, an underground
district or underground requirement area, or a historic district or
a design district.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
The following locations, in the order listed, are the preferred locations
for installation of poles or wireless facilities:
(1)
Industrial areas.
(2)
Areas designated by the city as a highway rights-of-way area, provided
that such areas are not adjacent to a municipal park, residential
area, historic district, design district or any prohibited area set
out above.
(3)
Retail and commercial areas, provided such areas are not in a prohibited
location, such as an underground district, design district or historic
district.
(b)
In the absence of state law or an agreement or municipal authorization
providing otherwise, network nodes shall be restricted to preferred
locations set out in this section.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
The following shall be the order of preference for the attachment
of network nodes to existing facilities, beginning with most preferred
location and ending with least preferred location. In addition to
the preference set out by the city, existing facilities may be owned
by third parties and may not be available for attachment of facilities
or may require authorization from other parties.
(b)
Order of preference from most preferable to least preferable.
(1)
Most preferable.
Existing telephone or electrical lines
between existing utility poles. Micro network nodes shall only be
lashed on existing telephone or electrical lines between existing
utility poles (electric poles or telephones poles), with notice to
the pole owner as required by the Federal Pole Attachment Act, and
not placed on utility poles, node support poles or service poles.
(2)
Preferable.
Existing utility poles (electric poles or
telephones poles), shall be the preferred support facility for network
nodes and related ground equipment.
(3)
Least preferable.
Municipal service poles, which shall
require an agreement with the city. Municipal service poles includes
(in order of preference):
(A)
Non-decorative street lights.
(B)
Traffic signal structures.
Network nodes may only
be attached to traffic signal structures when such installation will
not interfere with the integrity of the facility and will not interfere
with the safety of the public. Any installation of network node facilities
on any traffic signal structures shall:
(C)
Other municipal service pole use is discouraged.
(4)
New node support poles shall also be least preferred.
Collocation shall generally be preferred over new poles. New poles
shall not be installed in prohibited areas and shall only be allowed
in restricted areas to the extent all requirements are followed or
a waiver is granted. Any new poles shall be camouflaged to the extent
allowed by law as set out in this article.
(c)
Ground equipment should be minimal and the least intrusive.
(d)
In the absence of state law or an agreement or municipal authorization
providing otherwise, network nodes, if allowed, shall be restricted
to most preferable locations set out in this section and shall be
prohibited in the least preferable.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
A network provider shall construct and maintain network nodes and
node support poles 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 municipality’s publicly disclosed
public right-of-way management ordinance or this design manual.
(5)
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq.) or PROWAG.
(b)
Network node facilities shall be installed in accordance with section 18.03.010 and all other applicable requirements of this article.
(c)
Right-of-way.
(1)
Network nodes installation shall follow all applicable requirements of this article, including section 18.03.010.
(2)
Network node facilities, node support poles and related ground equipment
shall be placed, as much as possible, within two (2) feet of the outer
edge of the right-of-way line.
(3)
Node support poles and related ground equipment shall not impede
pedestrian or vehicular traffic in the right-of-way.
(4)
No protrusion from the outer circumference of the existing structure
or pole shall be more than two (2) feet.
(d)
Parks.
For the safety of park patrons, particularly
small children, and to allow full line of sights near park property,
the network provider shall not install ground equipment in a right-of-way
that is within a park or within two hundred fifty (250) feet of the
boundary line of a park. The network provider may request a waiver
of the requirement that such equipment not be within two hundred fifty
(250) feet of a park from the board of adjustment.
(e)
There shall be no more than one (1) network node on any one (1) pole.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Camouflage is required by the city when wireless facilities are allowed,
as set forth above, in design districts with decorative poles or in
historic districts.
(b)
It is the city’s preference that all new node support poles
be camouflaged, except those located in an area zoned or predominantly
industrial or in a designated highway district area.
(c)
Companies shall submit their proposal for camouflage with the permit
application.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Confirmation of non-interference with city safety communication networks.
(1)
The network provider shall provide analysis that the proposed network
node shall not cause any interference with city public safety radio
system, traffic signal light system, or other city safety communications
components.
(2)
It shall be the ongoing responsibility of the network provider to
evaluate, prior to making application for permit and while network
nodes remain in the right-of-way, the compatibility between the existing
city infrastructure and provider’s proposed network node. A
network node shall not be installed in a location that causes any
interference and any network node that causes destructive interference
post-installation shall correct such interference or be removed and
shall follow all federal regulations regarding interference.
(3)
Network nodes shall not be allowed on city’s public safety
radio infrastructure.
(b)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article.
(2)
To the extent authorization is provided by franchise or license,
the franchise or license controls.
(3)
To the extent authorization is provided by state law which sets out
size limits, the size limits in the state law control.
(4)
If authorization is provided through a state law with no size limits,
or other authorization with no size limits, the size limits of this
section shall control.
(5)
Unless otherwise provided by state law or municipal authorization,
license, franchise or agreement, the following maximum size limits
are applicable (required):
(B)
Network node shall meet the requirements as set out in chapter 284
of the Local Government Code.
(C)
Pole height not higher than ten (10) feet above the average height
of utility poles within five hundred (500) linear feet of a new pole
or fifty-five (55) feet, whichever is least.
(D)
Ground equipment, separate from the pole, shall meet the requirements
of chapter 284 of the Local Government Code or if such requirements
are not applicable, may not be higher than three feet six inches (3'6")
from grade, wider than three feet six inches (3'6").
(E)
When not otherwise set out in this ordinance or in a municipal authorization,
the size limits shall not be greater than size limits set forth for
structures or equipment in chapter 284 of the Local Government Code,
where applicable.
(F)
Size limits may be reduced when necessary for public health, safety
or welfare.
(c)
Size limits provided by state law are only applicable for so long
as required by state law.
If said state law is found
to be repealed, struck down, pre-empted or invalid, in whole or in
part, the standards required by the city, either in the municipal
authorization or an amendment to the municipal authorization or the
directives of the city or this article, shall be required and such
standards shall be subject to individualized review.
(d)
Concealment.
The network node facilities shall be concealed
or enclosed as much as 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.
(e)
New node support pole spacing.
(1)
New node support poles shall be at a minimum three hundred (300)
feet from a utility pole or another node support pole to minimize
the hazard of poles adjacent to road ways and to minimize effect on
property values and aesthetics on the area, unless a lesser distance
is approved by the city manager.
(2)
New poles shall be placed a minimum of five (5) feet from a street
curb or travel lane and eighteen (18) inches from a sidewalk to minimize
the potential of being struck by a motor vehicle or bicycle.
(3)
New poles shall be placed on breakaway anchor bolt supports or bases
to minimize the impact severity to motor vehicles that strike the
pole.
(4)
In order to meet the definition of a small wireless facility under
federal regulations, the facilities:
(A)
Must be mounted on structures 50 feet or less in height, including
their antennas; or
(B)
Must be mounted on structures no more than 10 percent taller than
other adjacent structures; or
(C)
May not extend existing structures on which they are located to a
height of more than 50 feet or by more than 10 percent, whichever
is greater.
|
For purposes of this paragraph, “structure” means
a pole or other building, whether or not it has an existing antenna
facility, that is used or to be used for the provision of personal
wireless service (whether on its own or comingled with other types
of services).
|
(f)
Minimize ground equipment concentration.
In order to
minimize negative visual impact to the surrounding area, the city’s
designee may deny a request for a proposed location if the network
provider installs network node ground equipment where existing ground
equipment already occupies a footprint of twenty-five (25) sq. ft.
or more.
(g)
Allowed colors.
Colors shall meet the requirements set out in section 18.03.010(a)(19).
(h)
If any network node facilities, node support poles or ground equipment
is installed in a location that is not in accordance with the plans
approved by the city manager and impedes pedestrian or vehicular traffic
or does not comply or otherwise renders the right-of-way non-compliant
with applicable laws, including the American Disabilities Act, then
network provider shall remove the network node facilities, node support
poles or ground equipment.
(i)
Ground equipment.
(1)
Ground equipment should be minimal and the least intrusive.
To minimize any obstruction, impediment, or hindrance to the
usual travel or public safety on a public right-of-way the maximum
line of sight required to add to safe travel of vehicular and pedestrian
traffic and in order to maximize that line of sight at street corners
and intersections and to minimize hazards at those locations, ground
equipment may not be installed within two hundred and fifty (250)
feet of a street corner or a street intersection.
(2)
Ground equipment near municipal parks.
For the safety
of municipal park patrons, particularly small children, and to allow
full line of sights near municipal park property, the network provider
shall not install ground equipment in a right-of-way that is within
a park or within two hundred and fifty (250) feet of the boundary
line of a park, unless approved by the city manager and parks director
in writing.
(3)
To enhance the safety requirements of line of sight of pedestrians,
particularly small children, the city’s designee 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.
(4)
Ground equipment shall not be installed in such a manner as to interfere
with a sight visibility triangle.
(j)
Municipal service poles.
(1)
An agreement shall be required for all installations on municipal
service poles and all such installations shall be in accordance with
the agreement.
(2)
Installations on all service poles shall have an industry standard
pole load analysis completed and submitted to the municipality with
each permit application indicating that the service pole to which
the network node is to be attached will safely support the load.
(3)
Height of attachments:
(A)
All attachments on all service poles shall be at least eight (8)
feet above grade;
(B)
If a network node attachment is projecting toward the street, for
the safety and protection of the public and vehicular traffic, the
attachment shall be installed no less than sixteen (16) feet above
the ground; and
(C)
And meet all applicable requirements of state law and this article.
(4)
Installations on all traffic signal structures must not interfere
with the integrity of the facility in any way that may compromise
the safety of the public and must be in accordance with the agreement
with the city. Installation of network node facilities on any traffic
signal structures shall:
(A)
Be encased in a separate conduit than the traffic light electronics;
(B)
Have a separate electric power connection than the traffic signal
structure;
(C)
Have a separate access point than the traffic signal structure;
(D)
Shall not puncture or drill into the structure;
(E)
Shall not be installed on the mast arm; and
(F)
Meet all other requirements of state law and this article.
(5)
Installations on street signage: Installations on all street signage
structures must not interfere with the integrity of the facility in
any way that may compromise the safety of the public and must be in
accordance with the agreement with the city. Installation of network
node facilities on any street signage structures that has electrics
shall:
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Network provider shall be responsible for obtaining any required
electrical power service to the micro network node, network node facilities,
node support poles and ground equipment. The city shall not be liable
to the network provider for any stoppages or shortages of electrical
power furnished to the micro network node, network node facilities,
node support poles or ground equipment, including without limitation,
stoppages or shortages caused by any act, omission, or requirement
of the public utility serving the structure or the act or omission
of any other tenant or network provider of the structure, or for any
other cause beyond the control of the city.
(b)
Network provider shall not allow or install generators or back-up
generators in the right-of-way.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Installation.
(1) 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 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. (2) 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 any agreement
with the city as applicable and all applicable laws, ordinances, codes,
rules and regulations of the city, county, state, and the United States
(“laws”).
(b)
Standard pole load analysis on attachments to a service pole.
All applications for permits to collocate or attach to any service
pole must have included in its permit application a completed industry
standard individual pole load analysis performed and sealed by an
engineer licensed by the State of Texas that indicates that the service
pole to which the network node is to be attached will safely support
the load. Such analysis shall also address safety of pole and attachments
in regard to wind loads, collision with motor vehicle, supporting
weight of the node, interference with city communications systems,
and all other pertinent information.
(c)
Inspections.
The city manager may perform visual inspections
of any micro network node, network node, node support pole or related
ground equipment located in the right-of-way as the city manager deems
appropriate without notice. 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 of the planned
inspection. Network provider may have a representative present during
such inspection.
(d)
No installations shall be placed on the mast arm of a traffic-control
signal.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Removal or relocation by network provider.
(1)
If the network provider removes or relocates a micro network node,
network node facilities, node support pole or related ground equipment
at its own discretion, it shall notify the city manager in writing
not less than ten 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)
The city shall not issue any refunds for any amounts paid by network
provider for micro network node, network node facilities, node support
poles or related ground equipment that have been removed.
(3)
Any abandoned or obsolete micro network node, network node, node
support pole or other related equipment shall be removed in strict
accordance with this article and all other applicable ordinances and
state law.
(4)
Network provider shall remove micro network node, network node facilities,
node support pole or related ground equipment when such facilities
are abandoned regardless of whether or not notice is received from
the city. Such removal must occur within ninety days from the date
of abandonment, unless additional time is allowed by the city. The
network provider shall provide advance written notice of such removal
which must be received by the city at least two working days prior
to the removal, except in case of emergency. Such notice shall specify
the location and description of each micro network node, network node
facilities, node support pole or related ground equipment to be removed.
(5)
The city manager may require the network provider to complete additional
remedial measures necessary for public safety and the integrity of
any city facilities and the right-of-way.
(b)
Removal or relocation required for city project.
(1)
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 in accordance with section 18.03.012 and without cost to the municipality managing the public right-of-way.
(2)
Pursuant to state law and as a condition for occupancy of the right-of-way, the network provider may be required by the city to remove or relocate any of its facilities, including but not limited to, its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the right-of-way, and network provider shall, at the city manager’s direction, remove or relocate the same at network provider’s sole cost and expense, whenever the city manager reasonably determines that the relocation or removal is needed as set out in section 18.03.012.
(3)
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, and 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 or due to imminent danger; or
for improper permitting or licensing.
(1)
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)
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)
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.
(d)
Restoration.
Network provider shall repair any damage
to the right-of-way, or any facilities located within the 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) calendar days following the
date of such removal or relocation, at network provider’s sole
cost and expense, including restoration of the right-of-way and such
property 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.
(e)
Network provider responsible.
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 provider’s and
subcontractors in connection with the installations of any micro network
node, network node, node support pole and related ground equipment,
as if such acts or omissions were network provider’s acts or
omissions.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
Upon abandonment or upon being deemed abandoned, network provider
has a duty to promptly remove its facilities from the right-of-way.
Notice from the city is not a prerequisite to the requirement for
removal.
(Ordinance O-2021-034 adopted 6/3/21)
(a)
All requirements of this article, including division 2, shall be
met as applicable.
(b)
No city allocation of funds for removal and storage. All costs of
any removal or storage of micro network node, network node, node support
pole and related ground equipment, as authorized under this division,
shall be the responsibility of the network provider and the city is
not required to expend no funds to meet the requirements of the network
providers. Any funds expended by the city due to an emergency or failure
of a person to abide by these requirements shall be reimbursed to
the city.
(c)
Ownership.
No part of a micro network node, network
node, node support pole and related ground equipment erected or placed
on the right-of-way by network provider will become or be considered
by the city as being affixed to or a part of, the 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 right-of-way will 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 right-of-way.
(d)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article or state law with each application, notice of work to
be performed or request for a permit for each location; provided,
however, where possible providers are encouraged to reduce the size
of installed facilities.
(2)
The size limits in this article are only applicable for so long as
required by state law. If chapter 284 of the Local Government Code
is found to be repealed, struck down, pre-empted or invalid, in whole
or in part, the standards required by the city, either in the municipal
authorization or an amendment to the municipal authorization or the
directives of the city or this division then such standards shall
be subject to individualized review.
(Ordinance O-2021-034 adopted 6/3/21)
Insurance, indemnity, bonding and security deposits shall be
in strict accordance with the city’s rights-of-way management
ordinance, and other applicable ordinances, except to the extent not
consistent with state or federal law.
(Ordinance O-2021-034 adopted 6/3/21)
Placement or modification of micro network node, network node,
node support pole and related ground equipment shall comply with the
city’s design manual at the time the permit for installation
or modification, and as said design manual may be approved or amended
from time to time.
(Ordinance O-2021-034 adopted 6/3/21)
