This article shall be known and cited as the right-of-way management ordinance for the city.
(Ordinance 2002-01-02, sec. 1-5, adopted 1/3/02)
This article shall be construed under and in accordance with the laws of the state and city ordinances to the extent that such city ordinances 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 Collin County, Texas.
(Ordinance 2002-01-02, sec. 1-6, adopted 1/3/02; Ordinance adopting 2018 Code)
This article shall be effective within the geographical limits of the city, including any areas subsequently annexed by the city.
(Ordinance 2002-01-02, sec. 1-7, adopted 1/3/02)
(a)
Purpose.
This article provides principles and procedures for the placement of structures and facilities, construction, excavation, encroachments, and work activities within or upon any public right-of-way and to protect the integrity of the road and city utility system. To achieve these purposes, it is necessary to require permits of private users of the public rights-of-way and to establish permit procedures, rules, and regulations for work done within or upon the public rights-of-way.
(b)
Objectives.
Public and private uses of public rights-of-way for location of facilities employed in the provision of public services should, in the interests of the general welfare, be accommodated; however, the city must insure that the primary purpose of the rights-of-way, safe passage of pedestrian and vehicular traffic, is maintained to the greatest extent possible. In addition, the value of other public and private installations, roadways, the city utility system, facilities and properties should be protected, competing uses must be reconciled, and the public safety preserved. The use of the public rights-of-way by persons, agencies, and public infrastructure contractors is secondary to these public objectives and the movement of traffic. This article is intended to strike a balance between the public need for efficient, safe transportation routes and the use of public rights-of-way for location of facilities by public and private entities. This article thus has several objectives:
(1)
To insure that the public safety is maintained and that public inconvenience is minimized.
(2)
To protect the city’s infrastructure investment by establishing repair standards for the pavement, facilities, and property in the public rights-of-way when work is accomplished.
(3)
To facilitate work within the public rights-of-way through the standardization of regulations.
(4)
To maintain an efficient permit process.
(5)
To conserve and fairly apportion the limited physical capacity of the public rights-of-way held in public trust by the city.
(6)
To establish a public policy for enabling the city to discharge its public trust consistent with the rapidly evolving federal and state regulatory policies, industry competition, and technological development.
(7)
To promote cooperation among the agencies and public infrastructure contractors (as defined herein) and the city in the occupation of the public rights-of-way, and work therein, in order to:
(8)
To assure that the city can continue to fairly and responsibly protect the public health, safety, and welfare.
(c)
Applicability.
(1)
The requirements of this article apply to all persons, agencies, and public infrastructure contractors that place structures and facilities or that conduct construction, excavation, encroachments, and work activities within or upon any public rights-of-way, except:
(A)
Persons, agencies, or public infrastructure contractors conducting projects for single-family and two-family residence zoned properties. All permits for these properties will be issued through the city’s building inspection department.
(B)
New residential service connections which are permitted through the building inspection department of the city as provided in section 10.04.012(a)(4) below.
(2)
Any permit issued prior to January 1, 2002, will remain subject to the terms and conditions of city ordinances and requirements in effect at the time of issuance of the permit and is not affected by this article, except that, upon expiration or conclusion of the permit, a new or renewal permit must be obtained in accordance with this article.
(Ordinance 2002-01-02, sec. 1-8, adopted 1/3/02)
means any person (including a franchised or licensed person) or certificated telecommunications provider. “Agency” includes all contractors and subcontractors hired or retained to do construction for an agency.
means the restoration of excavated material.
means 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 public utility commission to offer local exchange telephone service.
means the City of Lavon, Texas. As used throughout, the term “city” also includes the designated agent of the city.
means the city engineer or his designee(s).
means a complete or partial closing of one or more lanes of traffic of a major thoroughfare and the complete closure of any other type street.
means ninety-five (95) percent of maximum density with a moisture content of -2 percent to +4 percent of optimum under paved surfaces and ninety (90) percent of maximum density with a moisture content of -2 percent to +4 percent of optimum outside of paved surfaces.
means excavation, installation of facilities, boring or jacking of utilities, restoration of pavement cuts, or other work by an agency or public infrastructure contractor in a public right-of-way.
means a single enclosed raceway for cables, fiber optics, or other wires. “Duct” or “conduit” shall not include the maintenance duct associated with a conduit that is reserved for use in replacing damaged cable or for rerouting purposes.
means any event that may threaten public health or safety, including, but not limited to, damaged or leaking water or gas conduit systems, damaged, plugged, or leaking sewer or storm drain conduit systems, damaged facilities, downed aerial facilities, or service outages whether to one customer or an area of the city.
means to dig into or in any way remove or penetrate any part of a public right-of-way.
means the plant, equipment, and property, including, but not limited to, lines, poles, mains, pipes, conduits, ducts, cables and wires, located under, on or above the surface of the ground within the public right-of-way, and valves and related facilities and equipment used or useful for the provision of utility services.
means telecommunications service provided within an exchange to establish connections between customer premises within the exchange, including connections between a customer premises and a long distance provider serving the exchange. The term includes tone dialing service, service connection charges, and directory assistance services offered in connection with basic local telecommunications service and interconnection with other service providers. The terms does not include the following services, whether offered on an intra-exchange or inter-exchange basis:
Central office based PBX-type services for a system of seventy-five (75) stations or more;
Billing and collection services;
High-speed private line services of 1.544 megabits or greater;
Customized services;
Private line or virtual private line services;
Resold or shared local exchange telephone services if permitted by tariff;
Dark fiber services;
Non-voice data transmission service offered as a separate service and not as a component of basic local telecommunications service;
Dedicated or virtually dedicated access services; or
Any other service the public utility commission determines is not a “local exchange telephone service.”
means a cut made into the paved surface of a public street, alley, curb, sidewalk, or public easement.
means a natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity who owns or controls facilities.
means a person hired or retained to do construction of facilities that will be maintained by the city. “Public infrastructure contractor” includes all subcontractors.
means 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 or under the control of the city to which the city holds the property rights in regard to the use for utilities. The terms does not include the airwaves above a public right-of-way with regard to wireless telecommunications. The term is synonymous with “street,” “public way,” and “right-of-way.”
means any public traffic artery, major street, secondary street or alley.
(Ordinance 2002-01-02, sec. 1-9, adopted 1/3/02)
An agency’s or public infrastructure contractor’s rights hereunder are subject to the police powers of the city, which include the power to adopt and enforce ordinances, including amendments to this article, necessary for the safety, health, and welfare of the public. Agencies and public infrastructure contractors shall comply with all applicable laws and ordinances enacted, or hereafter enacted, by the city or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The city reserves the right to exercise its police powers, notwithstanding anything in this article or a permit to the contrary. Any conflict between the provisions of this article or a permit and any other present or future lawful exercise of the city’s police powers shall be resolved in favor of the latter.
(Ordinance 2002-01-02, sec. 1-10, adopted 1/3/02)
(a)
City engineer’s authority; right of entry.
(1)
The city engineer is authorized to administer and enforce the provisions of this article and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, the ordinances of the city, or state or federal law.
(2)
The city engineer is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site for purposes of inspection to determine compliance with the permit or this article.
(b)
Violations.
A person, agency, or public infrastructure contractor commits an offense if he:
(1)
Performs, authorizes, directs, or supervises construction without a valid permit issued under this article;
(2)
Violates any provision of this article;
(3)
Fails to comply with restrictions or requirements of a permit issued pursuant to this article; or
(4)
Fails to comply with an order or regulation of the city engineer issued pursuant to this article.
(c)
Civil action.
This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for violation of this article.
(d)
Opportunity to correct violation.
Prior to initiation of civil enforcement litigation, a person, agency, or public infrastructure contractor who has violated a provision of this article must be given the opportunity to correct the violation within the timeframe specified by the city engineer. This section does not prohibit the city engineer or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction.
(Ordinance 2002-01-02, sec. 1-11, adopted 1/3/02)
Any person, agency, or public infrastructure contractor violating any of the provisions or terms of this article shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each and every day or portion thereof that such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 2002-01-02, sec. 1-12, adopted 1/3/02; Ordinance adopting 2018 Code)
(a)
In order to protect the public health, safety and welfare, all agencies and public infrastructure contractors placing facilities or engaging in construction, excavation, encroachments, and work activities within or upon any public right-of-way must register with the city. Registration must be renewed annually on or before January 1. The registration form to be used may be obtained from the city secretary’s office. If a registration is not renewed, and subject to sixty (60) days’ notification to the agency, all facilities owned by agency within the city will be deemed to have been abandoned and shall become the property of the city. When any information provided for the registration changes, the agency or public infrastructure contractor shall notify the city of the change no more than thirty (30) days after the date the change is made. Registration shall include:
(1)
The name, address, and telephone number(s) of the agency that is the owner of the facilities to be located in the public rights-of-way, including the business name, assumed name, or trade name under which the agency operates or under which it has operated within the past five (5) years. In the case of a public infrastructure contractor, the name, address, and telephone number(s) of the public infrastructure contractor and the name, address, and telephone number(s) of the developer for whom the public infrastructure contractor is working.
(2)
The name(s), address(es) and telephone number(s) of the person(s) who will be contact person(s) for the agency or public infrastructure contractor.
(3)
The name(s), address(es) and telephone number(s) of any contractor(s) or subcontractor(s) who will be working in the public rights-of-way on behalf of the agency or public infrastructure contractor.
(4)
The name and telephone number(s) of an emergency contact for the agency or public infrastructure contractor who shall be available twenty-four (24) hours a day.
(5)
The name(s), address(es) and telephone number(s) of the person(s) who will be attending the utility coordination meetings for the agency or public infrastructure contractor.
(6)
The name(s), address(es) and telephone number(s) of the person(s) who will be receiving plans of city construction projects on behalf of the agency or public infrastructure contractor.
(7)
The name, address, and telephone number(s) of the person who will be responsible for receiving notification of abandonment issues on behalf of the agency or public infrastructure contractor.
(9)
For agencies that are certificated telecommunications providers, a copy of the notice of approval issued by the state public utility commission that grants the certificated telecommunications provider a service provider certificate of operating authority (SPCOA) or certificate of convenience and necessity (CCN).
(10)
The ordinance number of any franchise or license issued by the city that authorizes the agency to use the public rights-of-way.
(b)
Registration shall be a prerequisite to issuance of a construction permit. Each agency and public infrastructure contractor shall update and keep current its registration with the city at all times.
(Ordinance 2002-01-02, sec. 1-13, adopted 1/3/02)
(a)
As an additional part of the registration process, any agency with facilities in the public rights-of-way shall submit plans of record in accordance with the following requirements:
(1)
A city street map marked in such a manner as to evidence which thoroughfares along which the agency has placed facilities (not including boxes and other appurtenances) shall serve as the plans of record for the agency.
(2)
On or before January 1, 2002, an agency shall submit to the city engineer a schedule to provide complete plans of record that show all of its facilities existing in the public rights-of-way as of the date the plans of record are submitted to the city engineer in compliance with this section.
(3)
On or before January 31 of each calendar year following the initial submittal of its plans of record, an agency shall provide to the city engineer plans of record that show all installations of new facilities, and all changes, additions, abandonments, and relocations relating to existing facilities completed in the previous calendar year.
(b)
Plans of record shall not include information that is a trade secret or other confidential information protected from disclosure by state law. Information marked “proprietary” or “confidential” will not be accepted by the city. Location information is not a trade secret or proprietary/confidential information, and this subsection may not be construed to authorize an agency to fail to provide location information.
(Ordinance 2002-01-02, sec. 1-14, adopted 1/3/02)
(a)
Permit required.
Any agency or public infrastructure contractor seeking to place facilities on, in or over a public right-of-way or to engage in construction, excavation, encroachments, and work activities within or upon any public right-of-way shall first file an application for a construction permit with the city and shall abide by the terms and provisions of this article pertaining to the use of the public rights-of-way.
(b)
Exception.
City maintenance activities are excepted from the permitting requirements outlined herein.
(c)
Authority for work.
This article does not constitute or create authority to place, reconstruct, or alter facilities in, on or over the public rights-of-way nor to engage in construction, excavation, encroachments, or work activity within or upon any public right-of-way, and said authority must be obtained by obtaining a permit.
(d)
Permit holder.
Permits will be issued in the name of the agency that will own the facilities. Permits for public infrastructure will be issued in the name of the public infrastructure contractor.
(e)
Existing franchises and agreements.
Any agency or public infrastructure contractor with a current, unexpired consent, franchise, agreement or other authorization from the city (grant) to use the public rights-of-way that is in effect at the time this article takes effect shall continue to operate under and comply with that grant until the grant expires or until it is terminated by mutual agreement of the city and the agency or public infrastructure contractor or as otherwise provided for by law.
(f)
Work area and time.
No agency or public infrastructure contractor shall perform construction, excavation, or work in an area larger or at a location different, or for a longer period of time, than that specified in the permit or permit application. If, after construction, excavation, or work is commenced under an approved permit, it becomes necessary to perform construction, excavation, or work in a larger or different area than originally requested under the application or for a longer period of time, the agency or public infrastructure contractor shall notify the city secretary’s office immediately and, within twenty-four (24) hours, shall file a supplementary application for the additional construction, excavation, or work.
(g)
Use of subcontractors; transfer or assignment of permit.
The agency or public infrastructure contractor may subcontract the work to be performed under a permit provided that the agency or public infrastructure contractor shall be and remain responsible for the performance of the work under the permit and all insurance and financial security as required. Permits are transferable and assignable upon written notice to the city secretary’s office that the transferee or assignee has posted all required security pursuant to this article. Any transferee or assignee shall be bound by all requirements of the permit and this article.
(h)
New developments; ownership of infrastructure.
In the city, the physical construction of public infrastructure, excluding agency infrastructure, in new developments is the responsibility of the developer of the land. Ownership of that infrastructure remains with the developer of the land until accepted by the city. Any agency or public infrastructure contractor performing work on infrastructure which is within a public right-of-way, but prior to acceptance by the city, shall obtain a permit from the city and permission from the owner of the infrastructure in the public right-of-way. The agency shall be financially responsible to the owner of the infrastructure to carry out all remedial work necessary to receive acceptance by the city of that infrastructure. This financial obligation shall apply only to the work in the public right-of-way done by the agency or public infrastructure contractor. The city will not accept for dedication public rights-of-way or other property where work performed is not in accordance with applicable city specifications.
(i)
Failure to obtain permit.
Any agency or public infrastructure contractor found to be conducting any excavation activity within the public right-of-way without having first obtained the required permit(s) shall immediately cease all activity (exclusive of actions required to stabilize the area) and be required to obtain a permit before work may be restarted.
(j)
Enforcement.
The city may institute all appropriate legal action to prohibit any agency or public infrastructure contractor from knowingly using the public rights-of-way unless the agency or public infrastructure contractor has complied with the terms of this article.
(Ordinance 2002-01-02, sec. 1-15, adopted 1/3/02)
(a)
General provisions.
(1)
Permit required.
No person, agency, or public infrastructure contractor shall install any facilities or other encroachment or make a pavement cut or excavate in a public right-of-way without first obtaining a permit from the city engineer, except in an emergency.
(2)
Franchised agencies and certificated telecommunications providers.
Franchised agencies and agencies that are certificated telecommunications providers have prior authorization to do work in public rights-of-way. However, an agency’s use of the public rights-of-way is subject to and must occur in accordance with state laws and city ordinances, policies, standards and procedures. Said use is nonexclusive and does not establish priority for use over other franchise holders, permit holders, or the city. A permit issued by the city is required for all work done in the public rights-of-way.
(3)
Application.
Each application for a permit shall be submitted using the required form, which may be obtained from the city secretary’s office. The agency or public infrastructure contractor requesting a permit shall provide the city engineer with documentation in the format specified by the city secretary’s office.
(4)
Residential service connections.
New residential service connections do not require a permit under this article. Maintenance or replacement of existing service connections that requires excavation will require a permit under this article.
(5)
Contents of permit.
The city engineer or other designated city authority shall state on the permit the activity for which the permit is issued and any restrictions or requirements that have been placed upon the permit.
(6)
Compliance with permit.
All construction and installation in the public rights-of-way shall be in accordance with the permit issued for the facilities. The city engineer or other designated city authority shall be provided access to the work and to such further information as he may reasonably require to ensure compliance with the permit.
(7)
Copy of permit and plans to be available at construction site.
A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the city engineer or other designated city authority at all times when construction or installation work is occurring.
(8)
Changes in information.
The agency or public infrastructure contractor shall update any new information on permit applications within ten (10) days after any change occurs.
(9)
Joint applications.
Agencies or public infrastructure contractors may apply jointly for permits to work in public rights-of-way at the same time and place.
(b)
Types of permits.
(1)
Standard permits.
(A)
A standard permit is required whenever a cut or excavation is made in a public right-of-way.
(B)
Application for a standard permit shall be made no less than two (2) city working days prior to the date of the proposed activity. If the proposed cut or excavation is to be made in the public rights-of-way dedicated to the state, a city permit is required in addition to any and all permits required by the state. A city permit is required although specific authority has been granted by the city secretary’s office to cut a paved street, curb or alley as a part of a new construction project.
(2)
Permits issued under emergency conditions.
Any agency or public infrastructure contractor maintaining facilities in the public rights-of-way may proceed with repairs upon existing facilities without a permit when emergency circumstances demand that the work be done immediately. The agency or public infrastructure contractor doing the work shall notify the city secretary’s office no later than the next business day by telephone, fax, or e-mail when an emergency permit is required. A permit application must be submitted no later than the next business day after the work is commenced.
(3)
Maintenance permit.
(A)
A maintenance permit is allowed whenever work is being done in or on a major thoroughfare and no cut or excavation is required.
(B)
Application for a maintenance permit must be submitted no later than the city business day prior to the date of the proposed maintenance work. Applications may be submitted in person or via fax or e-mail to the city secretary’s office.
(c)
Denial, suspension or revocation of permit; extensions.
(1)
Denial.
A permit may be denied for any one (1) of the following reasons:
(A)
The proposed activity will substantially interfere with vehicular or pedestrian traffic and no procedures, or procedures which are inconsistent with this article, have been implemented to minimize the interference.
(B)
The proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the public right-of-way.
(C)
The proposed barricading, channelizing, signing, warning or other traffic-control procedures or equipment do not comply with the requirements of the Texas Manual on Uniform Traffic Control Devices.
(D)
The activity or the manner in which it is to be performed will violate a city ordinance or regulation or a state or federal statute or regulation.
(E)
The agency or public infrastructure contractor:
(ii)
Has consistently failed to perform in accordance with the requirements of this article;
(iii)
Has failed to furnish all of the information required by this article or, except for good cause shown, to file the applications within the time prescribed by this article;
(iv)
Has misrepresented or falsified any information in the applications;
(v)
Has failed to comply with the performance warranty/guarantee as provided in this article;
(vi)
Has outstanding debts to the city; or
(vii)
Is not in compliance with applicable requirements of an existing permit issued under this article.
(F)
The agency or public infrastructure contractor requests to cut a city-maintained street that can be crossed by jacking, boring or tunneling.
(G)
There is a lack of available space.
(2)
Suspension or revocation.
The city engineer or other designated city authority may suspend by stop work order or revoke any or all permits granted to allow work in the public rights-of-way on the same grounds on which a permit may be denied under this subsection (c) or for the following reasons and subject to the procedural guidelines noted in this article and any agreement that applies to the agency or public infrastructure contractor using the public rights-of-way, as well as any limitations imposed by federal or state law:
(3)
Automatic revocation.
If no work has begun on a permitted project within thirty (30) calendar days of issuance of the permit, the permit shall be null and void, and a new permit shall be required.
(4)
Extension of permit.
An extension of up to sixty (60) days to a permit may be granted if requested by the agency or public infrastructure contractor in writing to the city secretary’s office. Such a request must be made before the permit expires. If no call for the cancellation of a permit or for an inspection is received within the sixty (60) day extension period, the permit shall be null and void, and a new permit shall be required.
(5)
Notice.
The city engineer or other designated city authority shall provide written notice of a denial, suspension or revocation to the agency or public infrastructure contractor. Construction that is suspended may not resume until the city engineer or other designated city authority determines that the agency or public infrastructure contractor has corrected the violation, noncompliance, or hazard that caused the suspension. A permit that has been denied or revoked may be issued or reinstated by the city engineer or other designated city authority if determined that:
(6)
Appeals.
An agency or public infrastructure contractor may appeal a permit denial, suspension, or revocation in accordance with the provisions of section 10.04.013 of this article.
(7)
Variances.
Any variance from the requirements of this article must be approved in advance by the city engineer. The city engineer may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience is not adversely affected by granting the variance. The city engineer may not approve any variance that would give a competitive advantage to one (1) agency over another agency providing the same or similar service. The city engineer may not grant a variance from the indemnity requirements of section 10.04.016.
(Ordinance 2002-01-02, sec. 1-16, adopted 1/3/02)
(a)
Applicability.
Appeals may be filed pursuant to this section for decisions of the city related to the denial, suspension, or revocation of a permit. However, the appeal process provided by this section shall not be available for criminal violations of this article.
(b)
Procedure.
A permittee may appeal decisions referred to in subsection (a) above by filing a written appeal with the mayor within seven (7) working days of receipt of denial, suspension, or revocation of the permit. An appeal filed pursuant to this section shall specifically state the basis for the aggrieved party’s challenge to the city’s authority under this article.
(c)
Issuance of decision.
Decisions of the mayor shall be issued within five (5) working days of receipt of the written appeal. Decisions of the mayor shall be final.
(Ordinance 2002-01-02, sec. 1-17, adopted 1/3/02)
(a)
Each agency applying for a permit shall obtain, maintain, and provide proof of each of the following types of insurance and coverage limits. These insurance policies shall be underwritten by insurance companies with an A.M. Best Rating of A-VI or better.
(1)
Commercial general liability on an occurrence form with minimum limits of five million dollars ($5,000,000.00) per occurrence and ten million dollars ($10,000,000.00) aggregate. This coverage shall include the following:
(2)
Automobile liability coverage with a minimum policy limit of one million dollars ($1,000,000.00) combined single limit. This coverage shall include all owned, hired and non-owned automobiles.
(3)
Worker’s compensation and employer’s liability coverage. Statutory coverage limits for Coverage A and five hundred thousand dollars ($500,000.00) Coverage B employer’s liability is required.
(b)
Each public infrastructure contractor applying for a permit shall obtain, maintain, and provide proof of insurance for the same types of insurance coverages outlined in subsection (a) above; however, the policy limits under the general liability insurance shall be one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. All other coverages provisions outlined in subsection (a) above shall apply.
(c)
An agency or public infrastructure contractor that has registered and filed proof of insurance under section 10.04.009 of this article is not required to furnish separate proof of insurance under this section when obtaining a permit but must comply with all other requirements of this section.
(d)
The preferred method for proof of insurance is the Accord form certificate of insurance.
(e)
The city reserves the right to review the insurance requirements and to reasonably adjust insurance coverage and limits when the mayor determines that changes in statutory law, court decisions, or the claims history of the industry, the agency or public infrastructure contractor require adjustment of the coverage.
(f)
The city will accept certificates of self-insurance issued by the state or letters written by the agency in those instances where the state does not issue such letters, which provide the same coverage as required herein. However, certificates of self-insurance must be approved in advance by the risk manager for the city.
(g)
The agency or public infrastructure contractor shall furnish, at no cost to the city, copies of certificates of insurance evidencing the coverage required by this section to the city. If the city requests a deletion, revision or modification, the agency shall exercise reasonable efforts to pay for and accomplish the change.
(h)
The agency or public infrastructure contractor shall file and maintain proof of insurance with the city secretary’s office. An insurance certificate obtained in compliance with this section is subject to city approval. The city may require the certificate to be changed to reflect changing liability limits. An agency or public infrastructure contractor shall immediately advise the city attorney of actual or potential litigation that may develop which may affect an existing carrier’s obligation to defend and indemnify the city.
(i)
Such insurance shall be kept in full force and effect during the period of time for which a permit shall be issued or the space occupied. Insurance coverage must be available on a “per project” basis.
(j)
An insurer has no right of recovery against the city. The required insurance policies shall protect the agency or public infrastructure contractor and include the city as an additional insured. The insurance shall be primary coverage for losses covered by the policies.
(k)
The policy clause “other insurance” shall not apply to the city.
(l)
The agency or public infrastructure contractor shall pay premiums and assessments. A company that issues an insurance policy has no recourse against the city for payment of a premium or assessment. Insurance policies obtained by an agency or public infrastructure contractor must provide that the issuing company waives all right of recovery by way of subrogation against the city in connection with damage covered by the policy.
(m)
Each policy must include a provision that requires the insurance company to notify the city in writing at least thirty (30) days before canceling or failing to renew the policy or before reducing policy limits or coverages.
(n)
The insurance requirements of this section do not apply to an agency operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city.
(Ordinance 2002-01-02, sec. 1-18, adopted 1/3/02)
(a)
Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public rights-of-way if the agency or public infrastructure contractor fails to make the necessary repairs or to complete the work under the permit.
(b)
The agency or public infrastructure contractor, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the city and warrants and guarantees all work done for a period of one (1) year after the date of acceptance and agrees to maintain upon demand and to make all necessary repairs during the one-year period. This warranty shall include all repairs and actions needed as a result of:
(1)
Defects in workmanship;
(2)
Settling of fills or excavations;
(3)
Any unauthorized deviations from the approved plans and specifications;
(4)
Failure to barricade;
(5)
Failure to clean up during and after performance of the work;
(6)
Restoration of improvements including, but not limited to, landscaping and irrigation; or
(7)
Any other violation of this article or the ordinances of the city.
(c)
The one-year warranty period shall run from the date of the city’s acceptance of the work, which shall be the date of the letter of acceptance issued by the city to the agency or public infrastructure contractor. If repairs are required during the one-year warranty period, those repairs need only be warranted until the end of the initial one-year period starting with the date of acceptance. It is not necessary that a new one-year warranty be provided for subsequent repairs after probationary acceptance.
(d)
At any time prior to completion of the one-year warranty period, the city may notify the agency or public infrastructure contractor of any needed repairs. Such repairs shall be completed within twenty-four (24) hours if the defects are determined by the city to be an imminent danger to the public health, safety, and welfare. Non-emergency repairs shall be completed within fifteen (15) calendar days after notice.
(Ordinance 2002-01-02, sec. 1-19, adopted 1/3/02)
(a)
To the extent authorized by law, each agency or public infrastructure contractor placing facilities in the public rights-of-way shall agree to promptly defend, indemnify, and hold the city harmless:
(1)
From and against all damages, costs, losses, or expenses for the repair, replacement or restoration of city property, equipment, materials, structures, and facilities that are damaged, destroyed, or found to be defective as a result of the agency’s or public infrastructure contractor’s acts or omissions;
(2)
From and against any and all claims, demands, suits, causes of action, and judgments for (i) damage to or loss of the property of any agency or public infrastructure contractor (including, but not limited to, any person, its agents, officers, employees, and subcontractors, the city’s agents, officers, and employees, and third parties), and/or (ii) death, bodily injury, illness, disease, loss of services, or loss of income or wages to any person (including, but not limited to, the agents, officers, and employees of the person, the person’s subcontractors and the city, and third parties);
arising out of, incident to, concerning, or resulting from the negligent or willful act or omissions of the agency or public infrastructure contractor, its agents, employees, and/or subcontractors, in the performance of activities pursuant to this article. |
(c)
This indemnity provision shall not apply to any liability resulting from the negligence or willful misconduct of the city, its officers, employees, agents, contractors, or subcontractors.
(d)
The provisions of this indemnity are solely for the benefit of the city and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
(Ordinance 2002-01-02, sec. 1-20, adopted 1/3/02)
(a)
Minimal interference.
Work in the public rights-of-way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. The agency’s or public infrastructure contractor’s facilities shall be constructed or maintained in such a manner as not to interfere with sewers, water pipes, or any other property of the city, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the rights-of-way by, or under, the city’s authority. The agency’s or public infrastructure contractor’s facilities shall be located, erected, and maintained so as not to endanger or interfere with the lives of persons, or to interfere with improvements the city may deem proper to make or to unnecessarily hinder or obstruct the free use of the rights-of-way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation, or removal thereof, and shall not obstruct or impede traffic.
(b)
Protection of existing facilities.
(1)
Responsibility for obtaining locations.
A permit does not relieve an agency or public infrastructure contractor of the responsibility to coordinate with other utilities and to protect existing facilities. An agency or public infrastructure contractor working in the right-of-way is responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the geographic information system or the plans of record does not satisfy this requirement.
(2)
Information to be provided to city engineer.
In performing location of facilities in the public rights-of-way in preparation for construction under a permit, the agency or public infrastructure contractor shall compile all information obtained regarding its or any other facilities in the public rights-of-way related to a particular permit and shall make that information available to the city in a written and verified format acceptable to the city engineer.
(3)
Requirements.
(A)
Before beginning excavation in any public right-of-way, an agency or public infrastructure contractor shall contact the Texas One-Call System or any other company operating under the One-Call statute and, to the extent required by chapter 251 of the Texas Utilities Code, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other agencies that might have facilities in the area of work to determine possible conflicts.
(B)
Field locations shall be marked prior to commencing work. The agency or public infrastructure contractor shall support and protect all pipes, conduits, poles, wires, or other apparatus that may be affected by the work from damage during construction or settlement of trenches subsequent to construction.
(c)
Underground construction and use of poles.
(1)
All utility companies operating in the city are required to place and locate new pipes, lines, wire, equipment, facilities, and other appurtenances underground within the present and future public right-of-way, streets, avenues, alleys, public grounds, easements, and ways for the purposes of laying, maintaining, constructing, operating, and replacing the same for the supplying of public utilities to the citizens of the city. Placing facilities underground does not preclude the use of ground-mounted appurtenances. Related equipment, such as pedestals, must be placed in accordance with the city’s applicable ordinance requirements and rules, including all visibility easement requirements.
(2)
The city will not require existing facilities to be placed underground.
(3)
For above-ground facilities, the agency shall utilize existing poles wherever possible. Facilities shall be maintained in an appropriate manner.
(4)
Should the city desire to place its own facilities in trenches or bores opened by the agency or public infrastructure contractor, the agency or public infrastructure contractor shall cooperate with the city in any construction by the agency or public infrastructure contractor that involves trenching or boring, provided that the city has first notified the agency or public infrastructure contractor in some manner that it is interested in sharing the trenches or bores in the area in which the agency’s or public infrastructure contractor’s construction is occurring. The agency or public infrastructure contractor shall allow the city to place its facilities in the agency’s or public infrastructure contractor’s trenches and bores. The city shall be responsible for maintaining its respective facilities buried in the agency’s or public infrastructure contractor’s trenches and bores under this subsection.
(d)
Joint trenching.
(1)
The public rights-of-way have a finite capacity for containing facilities. The city engineer may require an agency or public infrastructure contractor to share trench space to minimize the disruption of vehicular or pedestrian traffic.
(2)
All facilities shall meet any applicable local, state, and federal clearance and other safety requirements, be adequately grounded and anchored, and meet the provisions of contracts executed between the agency or public infrastructure contractor and the other joint user. The agency or public infrastructure contractor may, at its option, correct any attachment deficiencies and charge the joint user for its costs.
(e)
Excavation safety.
On construction projects in which excavation will exceed a depth of five (5) feet, the agency must have detailed plans and specifications for excavation safety systems. The term “excavation” includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations.
(f)
Erosion control.
The agency shall be responsible for stormwater management erosion control that complies with city, state and federal guidelines.
(g)
On-site requirements.
Agencies and public infrastructure contractors subject to this article must have a minimum of one (1) English-speaking representative at the site where work is being performed at all times. Additionally, each of the agency’s or public infrastructure contractor’s vehicles shall bear a sign identifying the agency or public infrastructure contractor that owns the vehicles.
(Ordinance 2002-01-02, sec. 1-21, adopted 1/3/02; Ordinance 2021-05-02 adopted 5/18/21)
In the city, the public infrastructure must be maintained and protected by all agencies and public infrastructure contractors. The public health, safety and welfare is at risk when damages to water and sewer mains occur. To protect the water and sewer system, no person, agency, or public infrastructure contractor will be allowed to directionally bore longitudinally with water mains that are larger than twelve (12) inches and sewer mains that are twelve (12) inches or larger.
(Ordinance 2002-01-02, sec. 1-22, adopted 1/3/02)
(a)
Purpose.
Excavations in city rights-of-way disrupt and interfere with the public use of the city streets and damage the pavement and landscaping. The purpose of this section is to reduce this disruption, interference and damage by promoting better coordination among agencies or public infrastructure contractors making excavations in public rights-of-way and between these agencies and public infrastructure contractors and the city. Better coordination will assist in minimizing the number of excavations being made wherever feasible and will ensure the excavations in city rights-of-way are, to the maximum extent possible, performed before, rather than after, the reconstruction of the streets by the city.
(b)
Utility coordination meeting.
(1)
The city will hold a utility coordination meeting as needed. The purpose of the meeting is for the city to inform agencies and public infrastructure contractors of proposed and current capital improvement projects in the city and also for the agencies and public infrastructure contractors to inform each other and the city of current and future projects. Each agency and public infrastructure contractor shall make reasonable efforts to attend and participate in the meetings of the city, of which the agency or public infrastructure contractor will be made aware.
(2)
Whenever it is possible and reasonably practicable to [use a] joint trench or share bores or cuts, the agency or public infrastructure contractor shall work with other agencies and public infrastructure contractors so as to reduce as much as possible the number of right-of-way cuts within the city.
(Ordinance 2002-01-02, sec. 1-23, adopted 1/3/02)
(a)
Noise, dust and debris.
Each agency and public infrastructure contractor shall conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the work, the agency or public infrastructure contractor shall take appropriate measures to reduce noise, dust, and unsightly debris.
(b)
Trash and construction materials.
(1)
Each agency and public infrastructure contractor shall maintain the work site so that:
(A)
Trash and construction materials are contained so that they are not blown off of the construction site.
(B)
Trash is removed from a construction site often enough so that it does not become a health, fire, or safety hazard.
(C)
Trash dumpsters and storage or construction trailers are not placed in the street without written approval of the police chief.
(2)
An agency or public infrastructure contractor may only use approved trash haulers when working in the public rights-of-way.
(c)
Deposit of dirt and material on roadways.
Each agency and public infrastructure contractor shall eliminate the tracking of mud or debris upon any street or sidewalk. Equipment and trucks used during construction, excavation, or work activity shall be cleaned of mud and debris prior to leaving any work site.
(d)
Protection of trees and landscaping.
Each agency and public infrastructure contractor shall protect trees, landscape, and landscape features as required by the city and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete and in accordance with the performance warranty made [by] the agency or public infrastructure contractor under this article. All protective measures shall be provided at the expense of the agency or public infrastructure contractor.
(e)
Protection of paved surfaces from equipment damage.
Backhoe equipment outriggers shall be fitted with rubber pads whenever outriggers are placed on any paved surface. Tracked vehicles with grousers are not permitted on paved surfaces unless specific precautions are taken to protect the surface. The agency or public infrastructure contractor shall be responsible for any damage caused to the pavement by the operation of such equipment and shall repair such surfaces. Failure to do so will result in the use of the agency’s or public infrastructure contractor’s performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warranty(s).
(f)
Protection of property.
Each agency and public infrastructure contractor shall protect from injury any public rights-of-way and adjoining property by providing adequate support and taking other necessary measures. The agency or public infrastructure contractor shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public rights-of-way.
(g)
Clean-up.
As the work progresses, all public rights-of-way and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All clean-up operations shall be done at the expense of the agency or public infrastructure contractor. The agency or public infrastructure contractor shall restore any disturbed area to its original condition.
(h)
Vehicle parking.
Each agency and public infrastructure contractor shall make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted.
(i)
Walkways.
Each agency and public infrastructure contractor shall maintain an adequate and safe unobstructed walkway around a construction site or blocked sidewalk.
(Ordinance 2002-01-02, sec. 1-24, adopted 1/3/02)
(a)
Guy wires, anchors, pedestals, boxes, and other above-ground facilities shall not encroach within a sidewalk area, including a vertical clearance of seven and one-half (7.5) feet above the sidewalk. No above-ground facilities shall be located closer than three (3) feet from the back of street curbs or edge of alley or within the sight visibility area.
(b)
Above-ground facilities such as pedestals, switching boxes and similar facilities shall be located no less than three (3) feet from the edge of an alley or the back of street curbs and such that they do not create a physical or visual barrier to vehicles leaving or entering roads, driveway or alleys. They shall also not be located in front of residential lots creating an unreasonable visual or aesthetic impairment for the property owner. Above-ground facilities located in public rights-of-way shall be no larger than six (6) feet wide by four (4) feet two (2) inches high by two (2) feet deep. In the event that an agency or public infrastructure contractor needs to install above-ground facilities that are larger than such size, such facilities shall be considered buildings and must be placed on private property and comply with all requirements of the city’s building ordinance, including receipt of a building permit prior to installation, unless otherwise approved by the city engineer.
(Ordinance 2002-01-02, sec. 1-25, adopted 1/3/02)
(a)
No person, agency, or public infrastructure contractor may close a public street without first obtaining a permit from the chief of police. An application for a maintenance permit and a traffic-control plan shall be submitted to the chief of police no less than seven (7) working days prior to the date of the proposed closure unless an emergency exists, in which case immediate notice must be given to the chief of police. If a proposed construction project is to be made in the public right-of-way dedicated to the state, a city permit shall be required in addition to any and all permits required by the state.
(b)
When it is necessary to obstruct traffic, an application for a maintenance permit and a traffic-control plan shall be submitted to the chief of police prior to starting construction. No permit will be issued until the traffic-control plan is approved by the chief of police. No agency or public infrastructure contractor shall block access to and from private property, block emergency vehicles, or block access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital equipment unless the agency or public infrastructure contractor provides the city with written verification of written notice delivered to the owner or occupant of the facility, equipment, or property at least forty-eight (48) hours in advance.
(c)
When necessary for public safety, the agency or public infrastructure contractor shall employ flagpersons whose duties shall be to control traffic around or through the construction site. The use of flagpersons may be required by the chief of police.
(d)
Unless approved by the city, the agency or public infrastructure contractor shall not impede rush hour traffic on thoroughfares during the morning or evening rush hours. No traffic lane may be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or 4:00 p.m. to 6:00 p.m., Monday through Friday, without the written approval of the city.
(e)
Lane closures on major thoroughfares will be limited to no more than two (2) hours at any time outside of the morning and evening rush hours unless approved by the chief of police.
(f)
Traffic-control devices and barricades must be used whenever it is necessary to close a traffic lane or sidewalk. Traffic-control devices and barricades are to be supplied by the agency or public infrastructure contractor. If used at night, they must be reflectorized and must be illuminated or have barricade warning lights.
(g)
The city engineer may refuse to issue a permit if proposed construction activity will substantially interfere with vehicular traffic flow on major thoroughfares or is inconsistent with the procedures of this article.
(Ordinance 2002-01-02, sec. 1-26, adopted 1/3/02)
(a)
Maintenance of cut prior to permanent repair.
The agency or public infrastructure contractor shall be responsible for maintaining all street cuts in such a manner as to avoid a hazard to vehicular and pedestrian traffic until permanently repaired.
(1)
When emergency repairs are deemed necessary by the city engineer or other designated city authority to correct a situation that is hazardous to the public, the agency or public infrastructure contractor that is responsible for the cut shall be notified immediately. If the agency or public infrastructure contractor does not provide an acceptable schedule for making the emergency repair within eight (8) hours of being notified, the repairs will be performed by the city, and the agency or public infrastructure contractor will be billed for the repairs necessary to complete the project, including cleanup.
(2)
The agency or public infrastructure contractor will be required to maintain the interim cut repair until they have completed final repairs.
(3)
Traffic-bearing steel plates shall be utilized on all concrete paving cuts until required curing is accomplished. Asphalt shall be used to provide smooth ramps at the edges. Plates or asphalt may be used for temporary repairs.
(b)
Repair of damage outside cut area.
All damage caused directly or indirectly to the street surface or subsurface outside the pavement cut area shall be regarded as a part of the street cut. These areas, as established by the city inspector, will be included in the total area repaired.
(c)
Notification of damage to other utilities.
The agency or public infrastructure contractor shall notify the city secretary immediately of any damage to other utilities, either city or privately owned.
(d)
Construction methods.
(1)
Permanent repairs of utility cuts in existing streets, alleys or easements will be completed by the agency or public infrastructure contractor within fourteen (14) calendar days of beginning the work. If an agency or public infrastructure contractor does not believe that it will be able to meet this schedule, the agency or public infrastructure contractor must contact the city engineer or other designated city authority concerning an alternative schedule for the repairs. Any alternative schedule must be approved by the city engineer or other designated city authority prior to the beginning of the work. The agency or public infrastructure contractor will be responsible for any maintenance of the repair for a period of one (1) year after the repair is complete. Failure to do so will result in the use of the agency’s or public infrastructure contractor’s performance warranty/guarantee by the city to repair any damage, and, possibly, the requirement of additional warranty(s) and/or the denial of future permits.
(2)
Steel plates left in the right-of-way after repairs are completed will be removed by the city and become the city’s property.
(3)
Excavation in street or alley pavements should begin with an air-hammer shovel, a pavement breaker or other equipment that will not damage the pavement outside an approximate width of the ditch prior to beginning trenching operations. All street excavations will be saw cut before the street is repaired. Full depth saw cuts are required.
(4)
If the excavation is to pass under where the curb is installed without a dummy/expansion joint, the agency or public infrastructure contractor may saw cut a smooth line one (1) foot beyond each side of the disturbed base. If no damage to the curb is evident to the city inspector, the agency or public infrastructure contractor may pump concrete under the curb and gutter on cuts less than one (1) foot wide. The city inspector will make this determination prior to concrete being placed under existing curb and gutter.
(e)
Notification of homeowners.
When an agency or public infrastructure contractor is installing more than five hundred (500) linear feet of underground facilities, the agency or public infrastructure contractor shall notify in writing all individual homeowners along the route. Door hangers are an acceptable form of written notification. This notification shall give information about the project, not limited to the proposed location of the facilities, the time length for construction and a contact person to report any problems.
(Ordinance 2002-01-02, sec. 1-27, adopted 1/3/02)
(a)
Agency or public infrastructure contractor responsibility.
The agency or public infrastructure contractor shall be fully responsible for the cost and actual performance of all work in the public rights-of-way. The agency or public infrastructure contractor shall do all work in conformance with any and all engineering regulations, construction specifications, and design standards adopted by the city. These standards shall apply to all work in the public rights-of-way unless otherwise indicated in the permit.
(b)
Standards.
All restoration shall result in a work site condition equal to or better than the condition in which the site existed prior to construction. Restoration must be approved by the city engineer or other designated city authority. In addition to the regulations, specifications, and standards referred to in subsection (a), the following provisions shall apply to work in the public rights-of-way of the city:
(1)
Restoration must be to the reasonable satisfaction of the city engineer or other designated city authority and the property owner. The restoration shall include, but not be limited to:
(A)
Replacing all ground cover with the type of ground cover damaged during work or better by sodding, as directed by the city;
(B)
Installation of all manholes and handholes, as required;
(C)
Backfilling of all bore pits, potholes, trenches or any other holes, which must be done within seven (7) days after excavation of the bore pits, potholes, trenches or other holes, unless other safety requirements are approved by the city engineer;
(D)
Leveling of all trenches and backhoe lines;
(E)
Restoration of the excavation site to city specifications;
(F)
Restoration of all landscaping, trees, shrubs, ground cover, and sprinkler systems; and
(G)
Repairing and replacing existing erosion control devices that have been damaged or destroyed as a part of the work.
(2)
All locate flags shall be removed during the clean-up process by the agency or public infrastructure contractor at the completion of the work.
(3)
Restoration must be made in a timely manner as agreed upon by the city engineer or other designated city authority and the agency or public infrastructure contractor. If restoration is not satisfactory and/or is not performed within the agreed-upon timeframe, all work in progress, except that related to the problem, including all work previously permitted but not complete, may be halted and a hold may be placed on any permits not approved until all restoration is complete, or the city may complete the work and bill the agency or public infrastructure contractor for the repairs performed by the city.
(Ordinance 2002-01-02, sec. 1-28, adopted 1/3/02)
(a)
Applicability.
No agency or public infrastructure contractor shall cause an open trench excavation or potholing of facilities in the pavement of any public right-of-way for a period of three (3) years from the completion of construction or resurfacing except in compliance with the provisions of this section.
(b)
Criteria for approval.
No permit for excavation in the right-of-way of new streets shall be approved unless the city engineer finds that all of the following criteria have been met:
(1)
Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts.
(2)
Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable.
(3)
The proposed excavation cannot reasonably be delayed after the three-year deferment period has lapsed.
(c)
Exemption for emergency operations.
Emergency maintenance operations shall be limited to circumstances involving the preservation of life or property, or the restoration of customer service. Agencies or public infrastructure contractors with prior authorization from the city engineer or other designated city authority to perform emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any agency or public infrastructure contractor commencing operations under this section shall submit detailed engineering plans, construction methods, and remediation plans no later than the next business day after initiating the emergency maintenance operation.
(Ordinance 2002-01-02, sec. 1-80, adopted 1/3/02)
(a)
In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, water, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in aerial facilities, in, across, along, over, or under a public street, alley, or public right-of-way occupied by an agency or public infrastructure contractor, and to change the curb, sidewalks, or the grade of streets.
(b)
The agency or public infrastructure contractor must relocate its facilities at its own expense prior to the start of construction of a city project. Failure to comply with this provision shall subject the agency or public infrastructure contractor to the enforcement provisions contained herein.
(c)
A permit will be required when making facility adjustments in preparation for city projects.
(Ordinance 2002-01-02, sec. 1-29, adopted 1/3/02)
(a)
If a registration is not renewed, and subject to sixty (60) days’ notification to the agency, all facilities owned by the agency within the city will be deemed to have been abandoned and shall become the property of the city.
(b)
Any agency that intends to discontinue use of any facilities within the public rights-of-way shall notify the city engineer or other designated city authority in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, and a date of discontinuance of use, which date shall not be less than thirty (30) days from the date such notice is submitted to the city engineer or other designated city authority. Upon receipt of notice of discontinuance of use, the city shall have a right of first refusal to acquire the agency’s facilities with the cost for such facilities to be negotiated by the city and the agency.
(Ordinance 2002-01-02, sec. 1-30, adopted 1/3/02)
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 V.T.C.A., Local Government Code, 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 2017-09-03, sec. 2(2-1), adopted 9/5/17)
The city hereby adopts the City of Lavon Design Manual for the Installation of Network Nodes and Node Support Poles (“the design manual”) [pursuant] to V.T.C.A. Local Government Code chapter 284. A copy of the design manual is available in the city administrator’s office. The city administrator, with approval of the mayor, is authorized to administratively amend the design manual as necessary.
(Ordinance 2017-09-03, sec. 2(2-2), adopted 9/5/17)
For the purpose of this division, the definitions found in 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:
means:
means Texas Local Government Code, chapter 284, as amended.
means the City of Lavon, Texas or its lawful successor.
means the city administrator of the City of Lavon or his/her designee.
means the municipal governing body of the City of Lavon, Texas.
means 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.
mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
means 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.
means an area that is zoned, or otherwise designated by the 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.
means and shall include 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.
means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
means public right-of-way adjacent to a state or federal highway.
means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
means common law or a federal, state, or local law (municipal or county), statute, code, rule, regulation, order, or ordinance.
means within the geographical boundaries of the city.
means the city-approved and lawfully permitted location for the network node.
means 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.
means the mayor of the City of Lavon, Texas, or designee.
means 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.
means an area that is zoned or otherwise designated by the city or city ordinance as a public park for the purpose of recreational activity.
means 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; and
Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
means:
means a pole installed by a network provider for the primary purpose of supporting a network node.
means 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.
means a service pole, city-owned utility pole, node support pole, or utility pole.
means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
has the same meaning as “network provider.”
means 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:
means the right-of-way ordinance codified in the City of Lavon Code of Ordinances as division 1 of this article, as may be amended from time to time in the future, including amendments adopting additional sections.
means a pole, other than a city-owned utility pole, owned or operated by the city and located in a public right-of-way, including:
means 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.
means any city-owned or -operated device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
means 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.
means 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.
means a pole that provides:
mean “micro network nodes,” “network nodes,” and “node support poles” as defined in Texas Local Government Code, chapter 284.
means 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.
means a person that provides wireless service to the public.
(Ordinance 2017-09-03, sec. 2(2-3), adopted 9/5/17)
(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 2017-09-03, sec. 2(2-4), adopted 9/5/17)
All wireless network providers shall comply with the terms of all applicable law, including without limitation, this division “Use of public right-of-way by network providers,” the right-of-way management ordinance, other applicable city ordinances, applicable codes, and the city’s design manual.
(Ordinance 2017-09-03, sec. 2(2-5), adopted 9/5/17)
(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).
(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 2017-09-03, sec. 2(2-6), adopted 9/5/17)
(a)
Permit required.
Except as otherwise provided in chapter 284, a network provider shall obtain one 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 rights-of-way to ensure compliance with the design manual, this division 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 or other coverage the city deems acceptable; and
(6)
An email address of the contact person for network provider with whom the 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:
(A)
Substantially similar (as set forth in subsection (e), “substantially similar node or pole” below), in size or smaller; and
(B)
That does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;
(C)
The replacement or upgrade does not include replacement of an existing node support pole; and
(D)
The replacement or upgrade des not defeat existing concealment elements of a node support pole; 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 subsection (d) of this section:
(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); and
(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 determination of whether a replacement or upgrade is substantially similar is made by measuring from the dimensions of the network node or node support pole as approved by the city.
(f)
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 2017-09-03, sec. 2(2-7), adopted 9/5/17)
(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 administrator 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 2017-09-03, sec. 2(2-8), adopted 9/5/17)
(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
(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.
In order to minimize 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 administrator 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 2017-09-03, sec. 2(2-9), adopted 9/5/17)
(a)
Determination of application completeness.
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:
(1)
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.
(2)
For a transport facility: Notice shall be provided no later than ten (10) days after the date the city received the permit application.
If the city determines that an application is not complete, the 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 the 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 2017-09-03, sec. 2(2-10), adopted 9/5/17)
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 administrator may in his/her sole discretion grant reasonable extensions of time for completion or grant reasonable extensions as requested by the network provider.
(Ordinance 2017-09-03, sec. 2(2-11), adopted 9/5/17)
(a)
As compensation for the network provider’s use and occupancy of the city public rights-of-way, the network provider shall pay application fees and annual public right-of-way rental rates as set forth below, 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)
Network nodes.
(1)
Application fee: The application fee shall be as established in the fee schedule provided in appendix A of this code.
(2)
Annual public right-of-way rate fee: The annual public right-of-way rate shall be as established in the fee schedule provided in appendix A of this code per network node installed in the public right-of-way.
(3)
Public right-of-way rate adjustment: As provided in section 284.054 of chapter 284, the city may adjust the amount of the annual public right-of-way rate not more than annually by an amount equal to one-half the annual change, if any, in the consumer price index (CPI). The city shall provide written notice to each network provider of the new rate; and the rate shall apply to the first payment due to the city on or after the 60th day following such written notice.
(c)
Node support poles:
The application fee for each network support pole shall be as established in the fee schedule provided in appendix A of this code.
(d)
Transfer facilities.
(1)
The application fee for each transfer facility shall be as established in the fee schedule provided in appendix A of this code.
(2)
The annual transfer facility rental rate shall be as established in the fee schedule provided in appendix A of this code for each network node site located in a public right-of-way. However, no rate is required if the network provider is already paying the city an amount equal to or greater than the amount of other city public right-of-way fees for access lines under chapter 283 of [or] chapter 284 or cable franchise fees under chapter 66 of the Texas Utility Code.
(e)
Micro network nodes.
No application fee is required for a micro network node if the installation is attached on lines between poles or node support poles.
(f)
Collocation of network nodes on service poles.
Subject to execution of the city’s service pole agreement, the collocation of network nodes on city service poles shall be allowed at a rate as established in the fee schedule provided in appendix A of this code.
(g)
City-owned utility poles annual rate.
A network provider shall pay an annual pole attachment rate for the collocation of a network node supported by or installed on a city-owned utility pole based upon the pole attachment rate consistent with section 54.024 of the Texas Utilities Code, applied on a per-foot basis.
(h)
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 2017-09-03, sec. 2(2-12), adopted 9/5/17)
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. shall promptly notify the network [sic] 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 2017-09-03, sec. 2(2-13), adopted 9/5/17)
(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 administrator 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 the 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 administrator’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 administrator 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 rights-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 administrator 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 administrator if the city administrator 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 administrator 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 administrator 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 the 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 2017-09-03, sec. 2(2-14), adopted 9/5/17)
(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 administrator, 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 administrator. 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 administrator, 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 administrator 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 administrator 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.
(Ordinance 2017-09-03, sec. 2(2-15), adopted 9/5/17)
Network provider shall remove micro network node, network node, node support pole and related ground equipment when such facilities are abandoned 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 administrator in writing of such removal or abandonment and shall file with the city administrator the location and description of each micro network node, network node, node support pole and related ground equipment removed or abandoned. The city administrator may require the network provider to complete additional remedial measures necessary for public safety and the integrity of the public right-of-way.
(Ordinance 2017-09-03, sec. 2(2-16), adopted 9/5/17)
(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 rights-of-way, including, upon request, the use of AutoCAD/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 administrator 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 city 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 administrator 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 administrator 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 administrator, network provider shall trim under the supervision and direction of the member of city staff designated by the city administrator. 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 administrator.
(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 provider’s 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 2017-09-03, sec. 2(2-17), adopted 9/5/17)
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.
(Ordinance 2017-09-03, sec. 2(2-18), adopted 9/5/17)