A utilities department shall be established with a director
of utilities as the administrative officer.
(Ordinance 718 adopted 7/5/94; 2004 Code, art. 13.100)
(a) Definitions.
As used in this section:
U.S. 377 South Corridor
means U.S. Highway 377 South from U.S. Highway 87 (Main Street)
to the southern city limit line.
Courthouse Square
means the streets surrounding and contiguous to the Courthouse
Square.
Utility lines
means electric, telecommunications, cable, internet, or similar
lines, along with supporting structures such as poles or support cables.
Cross-over utility lines
shall mean utility lines in the U.S. 377 North/South and
W. Commerce Street Corridors that are:
(1)
Reasonably perpendicular to the U.S. 377 North/South and W.
Commerce Street Corridors right-of-way; and
(2)
Hung on cross-over poles.
Cross-over poles
means city-owned and maintained poles located at the intersection
of the U.S. 377 North/South and W. Commerce Street Corridors and either:
(2)
East White/Crothers Streets;
(4)
Designated streets approved by the public works director and
city council.
(b) Prohibition.
The erection or installation of above-ground
utility lines, except cross-over utility lines, shall be prohibited
in, across, or upon the public rights-of-way of:
(1) The U.S. 377 North Corridor;
(2) The U.S. 377 South Corridor;
(3) The W. Commerce Street Corridor; and
(c) Cross-overs.
The city shall permit, without charge and
on a competitively neutral and non-discriminatory basis, utility providers
to install and use, in the manner and on the terms that the public
works director approves, cross-over utility lines on cross-over poles.
(d) Authority of public works director.
The public works
director shall have the authority to regulate the installation, maintenance,
and use of utility lines in public rights-of-way of the city to promote:
(1) Fairness among utility providers;
(2) Low-cost, reliability, and quality of utility service to citizens
of the city; and
(3) Safety of all persons and property in or traveling through the city.
(e) Protection of health, safety, and welfare.
The city
council has determined that poles and similar structures in the public
right-of-way are a threat to the users of highways, public streets,
and the public right of way. In addition, city council has determined
that poles and similar structures interfere with highway facilities
and operations. This section is adopted to protect the health, safety,
and welfare of all persons within the city.
(Ordinance 1195 adopted 5/3/16; Ordinance 1222 adopted 3/28/17; Ordinance
1223 adopted 4/18/17)