Whenever used in this division, the following words and terms
shall have the definitions and meanings provided in this section:
Shall have the same meaning as defined in section 283.002
of the act as it may be amended from time to time.
[V.T.C.A., Local Government Code ch. 283.]
A permit issued by the city to a permittee to construct,
maintain, or repair facilities in the public rights-of-way.
All permittee plant, equipment and property, including, but
not limited to, duct spaces, manholes, poles, conduits, underground
and overhead passageways, and other equipment, structures and appurtenances
and all associated transmission media which are located in the public
rights-of-way.
Shall have the same meaning as defined in section 283.002
of the act as it may be amended from time to time.
Any person providing local exchange service within the corporate
limits of the city.
A certificated telecommunications provider as that term is
defined in section 283.002 of the act as it may be amended from time
to time that is providing local exchange service in the city and constructed,
erected, maintained, or used facilities in the public right-of-way.
A natural person, corporation, company, association, partnership,
firm, limited liability company, joint venture, joint stock company
or association, and other such entity.
All present and future public streets, avenues, highways,
alleys, bridges, viaducts, public thoroughfares, public utility easements,
public ways, public grounds, and, without limitation by the foregoing
enumeration, other public property within the corporate limits of
the city. Public rights-of-way do not include the airways above a
public rights-of-way with regard to cellular or other non-wireline
telecommunications or broadcast services.
(Ordinance 99-0907-01, sec. 1, adopted 9/7/99)
The terms of this division shall apply to all of a permittee’s
facilities used, in whole or part, in the provision of local exchange
service throughout the city, including any annexed areas upon the
effective date of annexation.
(Ordinance 99-0907-01, sec. 2, adopted 9/7/99)
In addition to the terms set forth elsewhere within this division,
the following terms shall apply:
(1)
Pole sharing.
It is the policy of the city to restrict
and limit the number of poles that are placed in the public right-of-way.
The city will require pole sharing to the full extent required by
federal and state law.
(2)
Construction permits.
No permittee shall commence any
construction in, on, under or over a public right-of-way without first
obtaining from the city a construction permit. To obtain a permit,
a permittee must submit to the city secretary an application showing
in detail the facilities the applicant desires to construct, the estimated
duration of the construction activities, and the location of the construction.
All construction must comply with all city ordinances except to the
extent any city ordinance requires a fee to be paid by the permittee
that is prohibited by the act. The city shall have the right to determine
where facilities are placed in the public right-of-way. The city will,
without fee, issue a permit to the applicant if the application demonstrates
that the construction complies with this division, federal and state
laws, and other city ordinances. No construction permit will be required
in the case of an emergency that poses a threat to the health, safety
or welfare of the public, but after the emergency conditions have
been abated the permittee shall submit a detailed report to the city
providing facts that caused the emergency condition and the measures
that were taken to abate it.
(3)
Relocation of facilities.
(A)
Upon thirty (30) days’ written notice by the city, a permittee
shall begin relocation of its facilities within the public rights-of-way
at its own expense to permit the closing, widening or straightening
of public rights-of-way. The notice by the city shall specify a new
location for the permittee’s facilities along the public rights-of-way.
(B)
The city retains the right to move any facilities within the public
rights-of-way to cure or otherwise address a public health or safety
emergency. The city shall cooperate to the extent possible with a
permittee in such instances to assure continuity of service and to
afford to the permittee the opportunity to make such relocation itself.
(C)
If the city requires a permittee to adapt or conform its facilities
to enable any other entity or person, except the city, to use, or
to use with greater convenience, the public rights-of-way, the permittee
shall not be required to make any such changes until such other entity
or person shall reimburse or make satisfactory arrangements to reimburse
the conforming permittee for any loss and expense caused by or arising
out of such change; provided, however, that in no event shall the
city be liable for such reimbursement. A permittee shall not be required
to relocate its facilities outside of the public rights-of-way.
(4)
Restoration of right-of-way.
A permittee shall restore the surface of the public rights-of-way disturbed by its construction and maintenance of facilities as set forth in the street cut ordinance (article 18.04 of this code).
(5)
Temporary removal of aerial wires.
A permittee, on the
request of any person, shall remove or raise or lower its wires within
the city temporarily to permit the moving of houses or other bulky
structures. The expense of such temporary removal, raising or lowering
of wires shall be paid by the benefited party or parties, and the
permittee may require such payment in advance. The permittee shall
be given not less than five (5) business days’ advance notice
to arrange for such temporary wire changes.
(6)
Traffic interference.
A permittee shall endeavor to
minimize disruptions to the efficient use of the public rights-of-way
by pedestrians and vehicular traffic, and the public rights-of-way
shall not be blocked for a longer period than shall be reasonably
necessary to execute all construction, maintenance and/or repair work.
The city may impose reasonable restrictions on the time of day when
public rights-of-way may be blocked.
(7)
Tree trimming.
A permittee shall have the right to trim
trees upon and overhanging the public rights-of-way so as to prevent
trees from coming in contact with the facilities of the permittee.
All expenses resulting from such activity shall be the responsibility
of the permittee.
(8)
Oak wilt prevention.
A permittee shall at all times
take reasonable, necessary, and prudent measures to prevent the spread
of oak wilt disease and shall implement procedures recommended by
the county extension service to prevent the spread of oak wilt disease.
(9)
Vacation of right-of-way.
If the city vacates or otherwise
abandons a public right-of-way or any portion thereof, the city will
provide at the expense of any permittee affected by the action either
a public utility easement in that public right-of-way or a commercially
reasonable alternative location in which to relocate its facilities.
A permittee must be given a minimum of thirty (30) days’ notice
prior to any vacation or abandonment of a public right-of-way by the
city.
(Ordinance 99-0907-01, sec. 3, adopted 9/7/99)
(a)
As
compensation for a permittee’s use and occupancy of the public
rights-of-way, the permittee shall pay an access line fee as set forth
below, which fee shall be in lieu of any tax, license, charge, right-of-way
permit, use, construction, street cut, or inspection fee, or other
right-of-way related charge or fee, whether charged to the permittee
or its contractor(s) within the city, except for 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)
The
access line fee amount shall be as determined by the public utility
commission of the state, or its successor agency, in compliance with
chapter 283, Local Government Code.
(c)
At
the time of adoption of this division (September 7, 1999), the public
utility commission has not determined the amount of access line fees
that may be charged by the city. Therefore, during the interim period
that will expire when the public utility commission of the state issues
its order setting such access line fees for the city, the permittee
shall pay interim right-of-way use fees as follows:
(1)
If the permittee was using and occupying the public rights-of-way
of the city prior to the adoption of this division under authority
of a franchise granted to the permittee by the city, then the permittee
shall pay interim right-of-way use fees on the same basis and in the
same amount that the permittee was paying fees to the city on the
effective date of this division.
(2)
If the permittee did not have a franchise agreement with the city
on the effective date of this division, then such permittee shall
pay interim right-of-way fees in the same amount and on the same basis
that a franchised permittee was paying franchise fees to the city
on such date.
(3)
This subsection (c) shall expire when the public utility commission issues its final order determining the amount of access line fees for the city. At that time, the permittee shall begin paying the access line fees as determined by the public utility commission. The expiration of this subsection (c), however, does not affect the obligation of a permittee to pay in full all amounts due the city under the interim right-of-way use fees hereunder.
(d)
Access
line fees shall be calculated monthly and paid quarterly, no later
than the 45th day after the end of the preceding calendar quarter.
(Ordinance 99-0907-01, sec. 4, adopted 9/7/99)
A permittee shall file with the city a true, correct, and complete
copy of the quarterly report that it is required to file with the
public utility commission pursuant to section 283.055 of the act as
it may be amended from time to time. The report shall be due at the
city on the same date that it is due at the public utility commission.
The city shall protect the confidentiality of the report pursuant
to section 283.005.
(Ordinance 99-0907-01, sec. 5, adopted 9/7/99)
This division shall be construed in accordance with the city
code in effect on the effective date to the extent not in conflict
with the constitution and laws of the United States or of the state.
(Ordinance 99-0907-01, sec. 6, adopted 9/7/99)
(a)
A
permittee shall indemnify and hold the city and its officers and employees
harmless against any and all claims, lawsuits, judgments, costs, liens,
losses, expenses, fees (including reasonable attorney fees and costs
of defense), proceedings, actions, demands, causes of action, liability,
and suits of any kind and nature, including personal or bodily injury
(including death), property damage, or other harm for which recovery
of damages is sought that is found by a court of competent jurisdiction
to be caused by the negligent act, error, or omission of the permittee,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the permittee, or their respective officers, agents,
employees, directors, or representatives, while installing, repairing,
or maintaining facilities in a public right-of-way. The indemnity
provided by this section does not apply to any liability resulting
from the negligence of the municipality, its officers, employees,
contractors, or subcontractors. If a permittee and the municipality
are found jointly liable by a court of competent jurisdiction, liability
shall be apportioned comparatively in accordance with the laws of
this state, without, however, waiving any governmental immunity available
to the municipality under state law and without waiving any defenses
of the parties under state law. This section is solely for the benefit
of the municipality and the permittee and does not create or grant
any rights, contractual or otherwise, to any other person or entity.
(b)
A
permittee or the municipality shall promptly advise the other in writing
of any known claim or demand against the permittee or the municipality
related to or arising out of the permittee’s activities in a
public right-of-way.
(Ordinance 99-0907-01, sec. 7, adopted 9/7/99)
(a)
Any
notice to any of the parties required or permitted under this division
shall be deemed to have been received on the date of service if served
personally on the party to whom notice is to be given, or on the date
of receipt if acknowledged in writing by the recipient, or five (5)
days after mailing.
(b)
Any
notice or information required to be given to the city shall be delivered
to the city at the following address:
|
City of Buda
ATTENTION: City Manager
P.O. Box 1218
Buda, Texas 78610
|
(c)
Each
permittee shall provide to the city in writing an address for delivery
of notices. Any party may change its notice address in writing from
time to time.
(Ordinance 99-0907-01, sec. 8, adopted 9/7/99)
A permittee shall promptly notify the city of any transfer of
ownership or control of that permittee. At the time notice of transfer
is provided to the city, a notice address, if different from the one
on file with the city, shall be provided to the city manager.
(Ordinance 99-0907-01, sec. 11,
adopted 9/7/99)
