(a) 
This chapter applies to all users that place facilities in, on or over public rights-of-way; provided; however, that it does not apply to construction by the city.
(b) 
This chapter shall be construed under and in accordance with the laws of the state and code of ordinances to the extent that such code is 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 the county.
(Ordinance 352 adopted 2/14/18)
In this chapter the following words and phrases shall have the following meanings unless the context indicates otherwise.
AASHTO.
American Association of State Highway and Transportation Officials.
Abandon and its derivatives.
The facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by user in an unused or nonfunctioning condition for more than one hundred twenty (120) consecutive calendar days unless, after notice to provider, provider has established to the reasonable satisfaction of the city that the applicable facilities, or portion thereof, is still in active use.
ADA.
Americans with Disabilities Act, as amended.
Alley.
Shall have the same meaning as street or right-of-way, depending upon context.
Ancillary.
Secondary, supporting, or subordinate.
Antenna.
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes.
(1) 
Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and
(2) 
Local amendments to those codes to the extent not inconsistent with this chapter.
Applicant.
A person submitting an application, proposal or notice to the city for a license, franchise, permit or notice to install facilities or equipment or work in the rights-of-ways.
Application or proposal are synonymous for the purposes of this chapter.
An “application” or “proposal”. The process by which the applicant submits a request and indicates a desire to be granted a license, permit or franchise for all, or a part, of the city. An “application” or “proposal” includes all written documentation, and official statements and representations, in whatever form, made by an applicant to the city. A casual inquiry by a company concerning right-of-way use will not be considered an application or proposal and submissions will not be considered an application or proposal unless they meet the requirements of this chapter.
Assignment of an authorization or transfer of an authorization.
Any transaction or action which effectively or actually transfers the authorization or franchise or changes operational or managerial control from one (1) person or entity to another.
Authorization or agreement to use the rights-of-way.
A grant of authority allowing a person to occupy any portion of a street, right-of-way, or easement owned or controlled by the city, and may be for a limited period of time or for a specific purpose.
Certificated telecommunications provider.
A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service.
City.
The City of West Lake Hills, Texas. As used throughout, the term “city” also includes the designated agent of the city.
City administrator.
The city administrator of the City of West Lake Hills, Texas.
City council or council/franchising authority.
The city council for the City of West Lake Hills, Texas or its lawful successor.
Collocate and collocation.
The installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to an existing pole, structure, device or appurtenance, as allowed by state or federal law, municipal authorization or other legal authorization.
Commission.
The Public Utility Commission of Texas.
Communications network.
A component or facility that is, wholly or partly, physically located within a public right-of-way and that is used to provide video programming, cable, voice, or data services.
Consumer price index.
The annual revised consumer price index for all urban consumers for Texas, as published by the Federal Bureau of Labor Statistics.
Concealment or camouflaged.
Any wireless facility or pole that is covered, painted, disguised, or blended in to its environment or otherwise hidden or kept from sight such that the wireless facility blends into the surrounding environment and is visually unobtrusive. A concealed or camouflaged wireless facility or pole also includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to, hidden beneath a façade, blended with surrounding area, designed or painted to match the supporting area, or disguised with artificial tree branches.
DAS or distributed antenna system.
Shall be included as a type of network node and have the same meaning as “network node.”
Decorative pole or decorative streetlight.
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 ordinance.
Decorative traffic signal pole.
A traffic signal pole other than standard galvanized supports, that is painted or powder coated with specially designed colors for aesthetic purposes and on which no appurtenance or attachments are allowed other than those necessary for traffic-control and operations.
Direction of the city.
All ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this article and that are now in force or may hereafter be passed and adopted.
Disaster emergency or disaster or emergency.
An imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city, state or federal governmental authorities.
Easement.
May include any public easement or private easement or other compatible use, depending upon usage, whether created by dedication or by other means, for uses which include electric, gas, telecommunications, cable or public utility purposes.
Facilities.
Any and all of the wires, cables, fibers, duct spaces, manholes, poles, conduits, underground, and overhead passageways and other equipment, structures, plants, and appurtenances and all associated physical equipment placed in, on, or under the public rights-of-way.
FCC or Federal Communications Commission.
The Federal administrative agency, or lawful successor, authorized to regulate interstate communications by radio, television, wire, satellite, and cable on a national level.
Fiber optic or fiber optic cable.
A communication transmission medium that uses light to send data, high quality video and sound.
Franchise or franchise agreement.
The initial authorization, or subsequent renewal granted by the city in order for a person to construct, operate, and maintain a system in all, or part, of the city rights-of-way.
Franchise expiration.
The date of expiration, or the end of the term, of a franchised user, as provided under a franchise, permit or license agreement.
Franchise fee.
The user fee or charge that the city requires as payment for using the streets, rights-of-way, public ways, and easements of the city.
Gross receipts.
Any and all compensation which is derived by the user from the operation of the system, and which is attributable to the systems operations within the city as allowed by law.
Highway right-of-way.
Rights-of-way adjacent to a state or federal highway.
Historic district.
An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Law.
Common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance
Local.
Within the geographical boundaries of the City of West Lake Hills, Texas.
Local exchange telephone service.
Has the meaning assigned by section 51.002, Texas Utilities Code.
Mayor.
The mayor for the City of West Lake Hills, Texas.
Macro tower.
A guyed or self-supported pole or monopole greater than the height parameters prescribed by Texas Local Government Code section 284.103 and that supports or is capable of supporting antennas.
Micro network node.
A network node that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and that has an exterior antenna, if any, not longer than eleven (11) inches.
Municipally owned utility pole.
A utility pole owned or operated by a municipally owned utility, as defined by section 11.003, Utilities Code, and located in a public right-of-way.
Municipal park.
An area that is zoned or otherwise designated by city Code of Ordinances as a public park for the purpose of recreational activity.
MUTCD.
Manual of Uniform Traffic-Control Devices.
Network node.
Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term:
(1) 
Includes:
(A) 
Equipment associated with wireless communications;
(B) 
A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and
(C) 
Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
(2) 
Does not include:
(A) 
An electric generator;
(B) 
A pole; or
(C) 
A macro tower.
Network provider.
(1) 
A wireless service provider; or
(2) 
A person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider:
(A) 
Network nodes; or
(B) 
Node support poles or any other structure that supports or is capable of supporting a network node.
Node support pole.
A pole as defined by chapter 284 of the Texas Local Government Code.
Park.
has the same meaning as “municipal park.”
Permit.
A document issued by the city authorizing installation, removal, modification and other work for User’s equipment or facilities in accordance with the approved plans and specifications.
Pole.
A service pole, municipally owned pole, node support pole, or other utility pole, and shall include network node support pole.
PROWAG.
The public rights-of-way accessibility guidelines.
Person.
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. From context within sections of this chapter, it refers to persons using, applying or seeking to use the right-of-way.
Provider.
Has the same meaning as “network provider.”
Public rights-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a public right-of-way with regard to wireless telecommunications.
Public right-of-way management ordinance.
This chapter, of the City of West Lake Hills Code of Ordinances and includes all other ordinances that comply with chapters 283 and 284 of the Texas Local Government Code or other state laws referencing right-of-way management ordinances or regulations.
Service pole.
A pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including:
(1) 
A pole that supports traffic-control functions;
(2) 
A structure for signage;
(3) 
A pole that supports lighting, other than a decorative pole; and
(4) 
A pole or similar structure owned or operated by a municipality and supporting only network nodes.
Small cell.
Shall be included as a type of network node and have the same meaning as “network node.”
State.
The State of Texas.
Street.
Only the portion of the right-of-way with a specially prepared surface used for vehicular travel, which surface may be concrete, asphalt or other material commonly used to prepare a surface for vehicular travel, and is limited to the area between the inside of the curb (when there is a curb) to the inside of the opposite curb, and does not include the curb area or the area between the two parallel edges of the surface used for vehicular travel where there is no curb. A Street is generally part of, but less than, or smaller in width than the size or width of the right-of-way. A Street does not include the curb, sidewalk, or ditch, if any is present either at time of permitting or if added later. Streets shall be understood to be synonymous with alleys and the definition includes alleys.
SWPPP.
Stormwater pollution prevention plan.
TAS.
Texas Accessibility Standards.
Thoroughfare.
Shall have the same meaning as “street.”
TMUTCD.
Texas Manual of Uniform Traffic-Control Devices.
Traffic signal.
Any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.
Transport facility.
Each transmission path physically within right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
U.S.C.
United States Code.
User.
A person or organization that owns, places or uses facilities occupying the whole or a part of a public street or right-of-way, depending on the context. User does not refer to city unless specified.
Utility pole.
A pole that provides:
(1) 
Electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(2) 
Services of a telecommunications provider, as defined by section 51.002 of the Texas Utilities Code.
Visibility triangle or sight distance triangle.
The triangular area adjacent to the intersection of any two or more public streets, public alleys or driveways within which no obstruction may be placed which would block the sight lines for vehicular, pedestrian or bicyclist traffic, as defined in the current edition of the AASHTO Policy on Geometric Design of Highways and Streets. The visibility triangle shall not contain any visual or physical impediments or obstructions to the vertical view up to seven feet in height above the adjacent roadway.
Voice service.
Voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including internet protocol technology. The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. section 332(d).
Wireless service.
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.
Wireless service provider.
A person that provides wireless service to the public.
Wireless facilities.
“Micro network nodes,” “network nodes,” and “node support poles,” as defined in Texas Local Government Code chapter 284.
(Ordinance 352 adopted 2/14/18)
Municipal parks designated for recreation and covered by this article include all parks designated by the city council in the Code of Ordinances.
(Ordinance 352 adopted 2/14/18)
(a) 
This chapter does not constitute or create authority to place, reconstruct, or alter facilities in, on, or over the public rights-of-way, and said authority must be obtained by separate instrument in accordance with this section or by operation of other laws.
(b) 
Authorization required.
(c) 
Municipal authorization or agreement shall be required, except when clearly preempted by state law. Any person 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 ordinance 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 person, or is terminated as otherwise provided for in law.
(d) 
A network provider must submit an application to place a network node, facility, or ground equipment in the city’s right-of-way. In addition to this permit, the network provider must apply to collocate on a pole.
(Ordinance 352 adopted 2/14/18)
(a) 
The city administrator shall administer and enforce compliance with this chapter.
(b) 
A person shall report information related to the use of the public rights-of-way that the city administrator requires in the form and manner reasonably prescribed by the city council.
(Ordinance 352 adopted 2/14/18)
A network provider, and its employees, contractors, and agents shall not at any time represent themselves as being associated with the city. A network provider shall inform any person asking of the company they work for and that it is allowed to work in the public right-of-way pursuant to state law.
(Ordinance 352 adopted 2/14/18)
(a) 
Network provider shall maintain, and provide to the city administrator upon request, a list of its network nodes, node support poles, transport facilities, and associated equipment, in the public right-of-way.
(b) 
Network provider shall maintain and make available to the city administrator accurate as-built drawings of its network nodes and transport facilities in a format approved by the city administrator and in accordance any applicable city rule or ordinance.
(Ordinance 352 adopted 2/14/18)