Provider shall, at its own cost and expense, install the network nodes and node support poles in a good and workmanlike manner and in accordance with the requirements promulgated by the wireless services design manual, “right-of-way management” ordinance, the public right-of-way permitting and construction manual and all other applicable laws, ordinances, codes, rules and regulations of the town, the state, and the United States (“laws”), as such may be amended from time to time. Provider’s work shall be subject to the regulation, control and direction of the town. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the network nodes and node support poles shall be in compliance with all applicable laws.
(Ordinance 18-832 adopted 11/12/18)
(a) 
The town may perform visual inspections of any network nodes and node support poles located in the right-of-way as the town deems appropriate without notice. If the inspection requires physical contact with the network nodes or node support poles, the town shall provide written notice to the provider within five business days of the planned inspection. Provider may have a representative present during such inspection.
(b) 
In the event of an emergency situation, the town may, but is not required to, notify provider of an inspection. The town may take action necessary to remediate the emergency situation and the town shall notify provider as soon as practically possible after remediation is complete.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Parks.
Placement of network nodes and node support poles in any parks, park roads, sidewalk, or property is prohibited unless such falls within the definition of public right-of-way in chapter 284 of the Texas Local Government Code and the placement complies with applicable laws, private deed restrictions, and other public or private restrictions on the use of the park.
(b) 
Town infrastructure.
Provider shall neither allow nor install network nodes or node support poles on any town property that falls outside the definition of public right-of-way in chapter 284 of the Texas Local Government Code.
(c) 
Residential streets.
Provider shall neither allow nor install network nodes or node support poles in right-of-way that is adjacent to a street or thoroughfare that is not more than 50 feet wide and adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(d) 
Decorative poles.
Provider shall neither allow nor install network nodes on a decorative pole as defined by chapter 284 of the Texas Local Government Code, unless approved by the town in writing. The town may only entertain proposals, if they are concealed or camouflaged.
(e) 
Installation of transport facilities.
(1) 
A provider shall not install or modify a new transport facility within the public right-of-way without first obtaining a right-of-way permit from the town. Before beginning excavation in any public right-of-way, provider shall be responsible for complying with all laws relating to verifying the location of existing utility lines and facilities and avoiding encroachment thereon, including the requirements of this article.
(2) 
Transport facilities shall be underground. Aerial power and fiber connections shall not be permitted. If the work proposed in the right-of-way permit application involves more than five hundred (500) feet of continuous trenching or boring or the installation of more than three (3) new node support poles or more than three (3) electrical meter pedestals or ground boxes, then the provider shall submit daily work location information, on the form provided by the town, before work can begin.
(f) 
Electrical supply.
Provider shall be responsible for obtaining any required electrical power service to the provider’s wireless facilities. Provider’s electrical supply shall be separately metered from the town and must match town infrastructure voltage. The town shall not be liable to the provider for any stoppages or shortages of electrical power furnished to the wireless facilities, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the wireless facility structure or the act or omission of any other tenant or provider of the wireless facility structure, or for any other cause beyond the control of the town.
(g) 
Poles.
Wireless facilities on a node support poles shall be installed at least eight (8) feet above the ground. If any attachments are projecting towards the street side, it shall provide a minimum vertical clearance of 16 feet.
(h) 
Right-of-way.
Node support poles and ground equipment shall be placed, as much as possible, within two feet of the outer edge of the right-of-way line. Node support poles and ground equipment or network nodes shall not impede pedestrian or vehicular traffic in the right-of-way. If a node support pole and ground equipment or network node is installed in a location that is not in accordance with the plans approved by the town and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the right-of-way noncompliant with applicable laws, including the American Disabilities Act, then provider shall remove the node support poles, ground equipment or network nodes.
(Ordinance 18-832 adopted 11/12/18)
Provider shall be responsible for obtaining access and connection to fiber optic lines or other backhaul solutions that may be required for its node support poles or network nodes.
(Ordinance 18-832 adopted 11/12/18)
Provider shall not allow or install generators or back-up generators in the right-of-way.
(Ordinance 18-832 adopted 11/12/18)
Provider’s node support poles and network nodes shall comply with the dimensions set forth in chapter 284 of the Texas Local Government Code.
(Ordinance 18-832 adopted 11/12/18)
Provider, its contractors, and agents shall obtain written permission from the town before trimming trees hanging over its node support poles and network nodes to prevent branches of such trees from contacting node support poles and network nodes. When directed by the town, provider shall trim under the supervision and direction of the public works. The town shall not be liable for any damages, injuries, or claims arising from provider’s actions under this section.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the node support poles and network nodes that is visible to the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required by laws or the town.
(b) 
Except as required by laws or by the utility pole owner, provider shall not post any other signage or advertising on the node support poles and network nodes, or utility pole.
(Ordinance 18-832 adopted 11/12/18)
Whenever the installation, placement, attachment, repair, modification, removal, operation, use, or relocation of the node support poles or network nodes, or any portion thereof is required and such installation, placement, attachment, repair, modification, removal, operation, use, or relocation causes any property of the town to be damaged or to have been altered in such a manner as to make it unusable, unsafe, or in violation of any laws, provider, at its sole cost and expense, shall promptly repair and return such property to its original condition. If provider does not repair such property or perform such work as described in this paragraph, then the town shall have the option, upon fifteen (15) days prior written notice to provider or immediately if there is an imminent danger to the public, to perform or cause to be performed such reasonable and necessary work on behalf of provider and to charge provider for the reasonable and actual costs incurred by the town. Provider shall reimburse the town for the costs.
(Ordinance 18-832 adopted 11/12/18)
As soon as practical, but not later than fourteen (14) days from the date provider receives notice thereof, provider shall remove all graffiti on any of its node support poles and network nodes located in the right-of-way.
(Ordinance 18-832 adopted 11/12/18)
(a) 
Provider shall maintain a list of its network nodes and node support poles and provide town an inventory of locations within ten (10) days of installation. The inventory of network nodes and node support poles shall include GIS coordinates, date of installation, town pole ID number (if applicable), type of pole used for installation, pole owner, and description/type of installation for each network node and node support pole installation.
(b) 
Upon town’s written request, provider shall provide a cumulative Inventory within thirty (30) days of town’s request. Concerning network nodes and node support poles that become inactive, the inventory shall include the same information as active installations in addition to the date the network node and/or node support pole was deactivated and the date the network node and/or node support pole was removed from the right-of-way. Town may compare the inventory to its records to identify any discrepancies.
(Ordinance 18-832 adopted 11/12/18)
(a) 
The town reserves the right to install, and permit others to install, utility facilities in the rights-of-way. In permitting such work to be done by others, the town shall not be liable to provider for any damage caused by those persons or entities.
(b) 
The town reserves the right to locate, operate, maintain, and remove town traffic signal poles in the manner that best enables the operation of its traffic signal system and protect public safety.
(c) 
The town reserves the right to locate, operate, maintain, and remove any town pole or structure located within the right-of-way in the manner that best enables the town’s operations.
(Ordinance 18-832 adopted 11/12/18)
Provider will provide town a key to each meter box at the time of inspection and have the ability to temporarily cut-off electricity to its facilities for the safety of maintenance personnel. In the event of failure of components of the traffic signal system for whatever reason, including damage resulting from vehicular collisions, weather related events, or malicious attacks, town will respond to restore traffic signal operations as a matter of public safety. Should the events that result in damage or failure of the traffic signal system also affect provider’s network nodes, provider shall have the sole responsibility to repair or replace its network nodes and shall coordinate its own emergency efforts with the town.
(Ordinance 18-832 adopted 11/12/18)