(a)
This design manual is for maintenance of, siting and criteria for
the installation of wireless facilities, including micro network nodes,
network nodes, node support poles and related ground equipment being
installed pursuant to Texas Local Government Code, chapter 284, the
FCC order, and related federal regulations.
(b)
This design manual shall apply to any and all maintenance, siting,
installations, collocations, or other placement of, in, over or under
the public rights-of-way of network nodes, node support poles, micro
network nodes, distributed antenna system(s), microwave communications
or other wireless facilities, by whatever nomenclature, whether they
are installed pursuant to chapter 284 of the Local Government Code
or installed pursuant to an agreement to use the right-of-way or authorization
or installed as may otherwise be allowed by state law. The city enacts
these design requirements and guidelines in order to meet its fiduciary
duty to its citizens, and to give assistance and guidance to network
providers in the safe, aesthetically pleasing, efficient, and timely
installation of facilities.
(c)
The Federal Communications Commission, by Declaratory Ruling and
Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84,
released on September 27, 2018, Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Development (FCC order), adopted
new rules affecting the city’s review of wireless facility siting
applications, located at 47 CFR sections 1.6001 through 1.6003. The
FCC’s order recognizes the appropriateness of the imposition
by municipalities of aesthetic standards on small wireless facilities
that are reasonable, no more burdensome than those applied to other
types of infrastructure deployments, and published in advance. This
design manual meets the guidelines stated by the FCC, and is for the
purpose of furthering the public health, safety, and welfare of the
citizens of the city by establishing aesthetic standards for the installation
of facilities in the public rights-of-way that are reasonably directed
to avoiding or remedying the intangible public harm of unsightly or
out-of-character deployments in the public rights-of-way. All of the
provisions herein, whether specifically stated or not, are for the
furtherance of this public purpose.
(d)
The provisions of this design manual are adopted to further the public
health, safety, and welfare of the citizens of the city by establishing
aesthetic standards for the installation of facilities in the public
right-of-way that are reasonable, are technically feasible, and are
reasonably directed to avoiding or remedying the intangible public
harm of unsightly or out-of-character deployments. The provisions
of this design manual are further adopted in order to avoid congestion
of the right-of-way caused by multiple pole installations, minimize
the hazard of poles adjacent to roadways, minimize the effect on property
values, and protect, maintain, and promote the appearance of natural
surroundings in public parks and certain residential areas and in
areas designated as underground areas.
(e)
A network provider shall comply with the city’s rights-of-way
management ordinance (this article) except where in conflict with
this design manual or [Local Government Code] chapter 284, subchapter
C, or the FCC order and rules adopted thereby.
(Ordinance 19-O-02, sec. 15.101,
adopted 1/14/2019)
(a)
Municipal parks and residential areas.
(1)
A network provider may not install a new node support pole in the
following locations:
(A)
In a municipal park; or
(B)
In a right-of-way that is adjacent to a street that is:
(i)
Not more than fifty (50) feet wide at average width, measuring
the vehicular traveled portion only as set out in the definition of
“street” and the measurement does not include intersections
and refers only to the main traveled portion measured at mid-block
or mid-point between intersections; and
(ii)
Adjacent to developed or undeveloped single-family residential
lots, other multifamily residential areas or land that is designated
for residential use by zoning or deed restrictions.
(2)
Construction in the right-of-way adjacent to a school is prohibited,
unless all contractors, subcontractors, or other workers follow all
statutory requirements in the Education Code regarding work on school
grounds, including but not limited to chapters 21 and 22.
(b)
Undergrounding district.
(1)
A network provider shall comply with nondiscriminatory undergrounding
requirements, including municipal ordinances, zoning regulations,
state law, private deed restrictions, and other public or private
restrictions, that prohibit installing above-ground structures in
a public right-of-way without first obtaining the appropriate zoning,
land use approval or other required approval.
(2)
Areas may be designated from time to time by the city as underground
required areas in accordance with filed plats, and/or conversions
of overhead to underground areas, as may be allowed by law.
(3)
Each permit application shall disclose if it is within an area that
has undergrounding requirements.
(c)
Historic districts and design districts.
(1)
Approval required.
A network provider must obtain advance
written approval from the city before collocating network nodes or
installing node support poles in a design district with decorative
poles or in an area of the city zoned or otherwise designated as a
design district or historic district.
(2)
Concealment required.
(A)
As a condition for approval of network nodes or node support poles
in design districts with decorative poles or in a historic district,
concealment measures are required for network nodes or node support
poles or related ground equipment or any portion of the nodes, poles,
or equipment.
(B)
Said concealment measures shall minimize the impact to the aesthetics
in a historic district or design district.
(3)
Historic preservation requirements.
A network provider
shall comply with and observe all applicable city, state, and federal
historic preservation laws and requirements.
(d)
Historic preservation laws and requirements.
A network
provider shall comply with and observe all applicable city, state,
and federal laws and requirements, including historic preservation
laws and requirements.
(e)
Historic landmarks.
A network provider is discouraged
from installing a network node or node support pole within three hundred
(300) feet of a historic site or structure or historic landmark recognized
by the city, state or federal government (see, for example, and not
limited to section 442.001(3) of the Texas Government Code, and 16
U.S.C. section 470), as of the date of the submission of the permit.
(f)
Designated areas.
(1)
Authority of council.
The council may designate an area
as a historic district, design district or underground district at
any time.
(2)
Underground districts.
Underground districts or underground
requirement areas are not limited to those designated above and any
area that meets the definition of “underground district”
or “underground requirement area” shall be considered
to be an underground district or underground requirement area. An
area does not need to be designated by this article to be considered
to be within an underground district. Such designation does not require
a zoning case. Any area declared to be an underground district by
the city council or any area that meets the definition of underground
district or underground requirement area shall be subject to all requirements
and protections for an underground district.
(3)
Historic districts.
Historic districts are not limited
to those designated above and any area that meets the definition of
historic district shall be considered to be a historic district. An
area does not need to be designated by this article to be considered
to be within a historic district. Such designation does not require
a zoning case. Any area declared to be a historic district by the
city council or any area that meets the definition of historic district
shall be subject to all requirements and protections for a historic
district.
(4)
Design districts.
Design districts are not limited to
those designated above and any area that meets the definition of design
district shall be considered to be a design district. The city council
may designate an area as a design district at any time. An area does
not need to be designated in this article to be considered to be within
a design district. Such a designation does not require a zoning case.
Any area designated by the city council as a design district or any
area that meets the definition of a design district shall be subject
to all requirements and protections for a design district.
(g)
Defense.
(1)
It shall be a defense to the above requirements prohibiting or restricting
location of facilities in a park, residential area, historic district,
design district or underground district that the network provider
obtained advance written approval or waiver of restrictions from the
city before collocating new network nodes or installing new node support
poles or ground equipment in a prohibited or restricted location.
In any prosecution herein for such prohibition or violation of any
restrictions, it shall be an affirmative defense to have an agreement
with the city that approved such location or waived the applicable
restriction.
(2)
If an agreement is granted to locate in a prohibited location, the
network provider shall be required, as a condition for approval of
new network nodes or new node support poles in a prohibited location,
to install reasonable design or concealment measures for the new network
nodes or new node support poles. Therefore, any request for installations
in a prohibited location must be accompanied with concealment measures
in the permit applications.
(3)
The city requests that a network provider explore the feasibility
of using certain camouflage measures to improve the aesthetics of
the network nodes, node support poles, or related ground equipment,
or any portion of the nodes, poles, or equipment, to minimize the
impact to the aesthetics in all locations of the city.
(h)
Private deed restrictions and property owners’ association
rules.
A network provider installing a network node or
node support pole in a public right-of-way described above shall comply
with private deed restrictions and other private restrictions in the
area that apply to those facilities.
(i)
Ground equipment.
(1)
Ground equipment shall be minimal and the least intrusive at all
sites.
(2)
In order to maximize line of sight at street corners and intersections
and minimize hazards at those locations, ground equipment may not
be installed within two hundred fifty (250) feet of a street corner
or street intersection.
(3)
Ground equipment may not be installed at street corners or intersections
within a visibility triangle.
(4)
Ground equipment shall not be installed near a driveway.
(j)
Permit application.
Each permit application shall designate
if the requested area for installation is within one [sic] a residential
area, a municipal park, an underground district or an underground
requirement area or a historic district or a design district.
(Ordinance 19-O-02, sec. 15.102,
adopted 1/14/2019)
(a)
The following locations, in the order listed, are the preferred locations
for installation of poles or wireless facilities:
(1)
Industrial areas.
(2)
Areas designated by the city as a highway rights-of-way area, provided
that such areas are not adjacent to a municipal park, residential
area, historic district, design district or any prohibited area set
out above.
(3)
Retail and commercial areas, provided such areas are not in a prohibited
location, such as an underground district, design district or historic
district.
(b)
In the absence of state law or an agreement or municipal authorization
providing otherwise, network nodes shall be restricted to preferred
locations set out in this section.
(Ordinance 19-O-02, sec. 15.103,
adopted 1/14/2019)
(a)
The following shall be the order of preference for the attachment
of network nodes to existing facilities, beginning with most preferred
location and ending with least preferred location. In addition to
the preference set out by the city, existing facilities may be owned
by third parties and may not be available for attachment of facilities
or may require authorization from other parties.
(b)
Order of preference from most preferable to least preferable:
(1)
Most preferable: Existing telephone or electrical lines between existing
utility poles. Micro network nodes shall only be lashed on existing
telephone or electrical lines between existing utility poles (electric
poles or telephones poles), with notice to the pole owner as required
by the federal Pole Attachment Act, and not placed on utility poles,
node support poles or service poles.
(2)
Preferable: Existing utility poles (electric poles or telephone poles)
shall be the preferred support facility for network nodes and related
ground equipment.
(3)
Least preferable: Municipal service poles, which shall require an
agreement with the city. Municipal service poles include (in order
of preference):
(A)
Non-decorative streetlights.
(B)
Traffic signal structures. Network nodes may only be attached to
traffic signal structures when such installation will not interfere
with the integrity of the facility and will not interfere with the
safety of the public. Any installation of network node facilities
on any traffic signal structures:
(C)
Other municipal service pole use is discouraged.
(4)
New node support poles shall also be least preferred. Collocation
shall generally be preferred over new poles. New poles shall not be
installed in prohibited areas and shall only be allowed in restricted
areas to the extent all requirements are followed or a waiver is granted.
Any new poles shall be camouflaged to the extent allowed by law as
set out in this article.
(c)
Ground equipment should be minimal and the least intrusive.
(d)
In the absence of state law or an agreement or municipal authorization
providing otherwise, network nodes, if allowed, shall be restricted
to most preferable locations set out in this section and shall be
prohibited in the least preferable.
(Ordinance 19-O-02, sec. 15.104,
adopted 1/14/2019)
(a)
General requirements.
A network provider shall construct
and maintain network nodes and node support poles 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 municipality’s publicly disclosed
public right-of-way management ordinance or this design manual;
(5)
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C.
section 12101 et seq.) or PROWAG.
(b)
Other requirements.
Network node facilities shall be installed in accordance with section 10.03.034 and all other applicable requirements of this article.
(c)
Placement in right-of-way.
(1)
Network nodes installation shall follow all applicable requirements of this article, including section 10.03.034.
(2)
Network node facilities, node support poles and related ground equipment
shall be placed, as much as possible, within two (2) feet of the outer
edge of the right-of-way line.
(3)
Node support poles and related ground equipment shall not impede
pedestrian or vehicular traffic in the right-of-way.
(4)
No protrusion from the outer circumference of the existing structure
or pole shall be more than two (2) feet.
(d)
Parks.
For the safety of park patrons, particularly
small children, and to allow full line of sight near park property,
the network provider shall not install ground equipment in a right-of-way
that is within a park or within two hundred fifty (250) feet of the
boundary line of a park. The network provider may request a waiver
of the requirement that such equipment not be within two hundred fifty
(250) feet of a park from the board of adjustment.
(e)
Number of network nodes on pole.
There shall be no more
than one (1) network node on any one (1) pole.
(Ordinance 19-O-02, sec. 15.105,
adopted 1/14/2019)
(a)
Camouflage is required by the city when wireless facilities are allowed,
as set forth above, in design districts with decorative poles or in
historic districts.
(b)
It is the city’s preference that all new node support poles
be camouflaged, except those located in an area zoned or predominantly
industrial or in a designated highway district area.
(c)
Companies shall submit their proposal for camouflage with the permit
application.
(Ordinance 19-O-02, sec. 15.106,
adopted 1/14/2019)
(a)
Confirmation of non-interference with city safety communication networks.
(1)
The network provider shall provide analysis that the proposed network
node shall not cause any interference with city public safety radio
system, traffic signal light system, or other city safety communications
components.
(2)
It shall be the ongoing responsibility of the network provider to
evaluate, prior to making application for a permit and while network
nodes remain in the right-of-way, the compatibility between the existing
city infrastructure and the provider’s proposed network node.
A network node shall not be installed in a location that causes any
interference and any network node that causes destructive interference
post-installation shall correct such interference or be removed and
shall follow all federal regulations regarding interference.
(3)
Network nodes shall not be allowed on the city’s public safety
radio infrastructure.
(b)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article.
(2)
To the extent authorization is provided by a franchise or license,
the franchise or license controls.
(3)
To the extent authorization is provided by state law which sets out
size limits, the size limits in the state law control.
(4)
If authorization is provided through a state law with no size limits,
or other authorization with no size limits, the size limits of this
section shall control.
(5)
Unless otherwise provided by state law or municipal authorization,
license, franchise or agreement, the following maximum size limits
are applicable (required):
(B)
Network nodes shall meet the requirements as set out in chapter 284
of the Local Government Code.
(C)
Pole height not higher than ten (10) feet above the average height
of utility poles within five hundred (500) linear feet of a new pole
or fifty-five (55) feet, whichever is least.
(D)
Ground equipment, separate from the pole, shall meet the requirements
of chapter 284 of the Local Government Code or, if such requirements
are not applicable, may not be higher than three feet six inches (3'6")
from grade, [or] wider than three feet six inches (3'6").
(E)
When not otherwise set out in this article or in a municipal authorization,
the size limits shall not be greater than size limits set forth for
structures or equipment in chapter 284 of the Local Government Code
(SB 1004, 85th Regular Session), where applicable.
(F)
Size limits may be reduced when necessary for public health, safety
or welfare.
(c)
Repealed or invalid state size limits.
Size limits provided
by state law are only applicable for so long as required by state
law. If said state law is found to be repealed, struck down, preempted
or invalid, in whole or in part, the standards required by the city,
either in the municipal authorization or an amendment to the municipal
authorization or the directives of the city or this article, shall
be required and such standards shall be subject to individualized
review.
(d)
Concealment.
The network node facilities shall be concealed
or enclosed as much as 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.
(e)
New node support pole spacing.
(1)
New node support poles shall be at a minimum three hundred (300)
feet from a utility pole or another node support pole to minimize
the hazard of poles adjacent to roadways and to minimize effect on
property values and aesthetics on the area, unless a lesser distance
is approved by the city manager.
(2)
New poles shall be placed a minimum of five (5) feet from a street
curb or travel lane and eighteen (18) inches from a sidewalk to minimize
the potential of being struck by a motor vehicle or bicycle.
(3)
New poles shall be placed on breakaway anchor bolt supports or bases
to minimize the impact severity to motor vehicles that strike the
pole.
(4)
In order to meet the definition of a small wireless facility under
federal regulations, the facilities:
(A)
Must be mounted on structures 50 feet or less in height, including
their antennas; or
(B)
Must be mounted on structures no more than 10 percent taller than
other adjacent structures; or
(C)
May not extend existing structures on which they are located to a
height of more than 50 feet or by more than 10 percent, whichever
is greater.
|
For purposes of this subsection (4), “structure” means a pole or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
|
(f)
Ground equipment concentration.
In order to minimize
negative visual impact to the surrounding area, the city’s designee
may deny a request for a proposed location if the network provider
installs network node ground equipment where existing ground equipment
already occupies a footprint of twenty-five (25) square feet or more.
(g)
Allowed colors.
Colors shall meet the requirements set out in section 10.03.034(a)(19).
(h)
Removal of noncomplying equipment.
If any network node
facilities, node support poles or ground equipment is installed in
a location that is not in accordance with the plans approved by the
city manager and impedes pedestrian or vehicular traffic or does not
comply or otherwise renders the right-of-way noncompliant with applicable
laws, including the Americans with Disabilities Act, then the network
provider shall remove the network node facilities, node support poles
or ground equipment.
(i)
Ground equipment.
(1)
Generally.
Ground equipment should be minimal and the
least intrusive. To minimize any obstruction, impediment, or hindrance
to the usual travel or public safety on a public right-of-way the
maximum line of sight required to add to safe travel of vehicular
and pedestrian traffic and in order to maximize that line of sight
at street corners and intersections and to minimize hazards at those
locations, ground equipment may not be installed within two hundred
and fifty (250) feet of a street corner or a street intersection.
(2)
Ground equipment near municipal parks.
For the safety
of municipal park patrons, particularly small children, and to allow
full line of sight near municipal park property, the network provider
shall not install ground equipment in a right-of-way that is within
a park or within two hundred and fifty (250) feet of the boundary
line of a park, unless approved by the city manager and parks director
in writing.
(3)
Concentration.
To enhance the safety requirements of
line of sight of pedestrians, particularly small children, the city’s
designee 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.
(4)
Sight visibility triangle.
Ground equipment shall not
be installed in such a manner as to interfere with a sight visibility
triangle.
(j)
Installations on municipal service poles.
(1)
Agreement required.
An agreement shall be required for
all installations on municipal service poles and all such installations
shall be in accordance with the agreement.
(2)
Pole load analysis.
Installations on all service poles
shall have an industry standard pole load analysis completed and submitted
to the municipality with each permit application indicating that the
service pole to which the network node is to be attached will safely
support the load.
(3)
Height of attachments.
(A)
All attachments on all service poles shall be at least eight (8)
feet above grade; and
(B)
If a network node attachment is projecting toward the street, for
the safety and protection of the public and vehicular traffic, the
attachment shall be installed no less than sixteen (16) feet above
the ground;
(C)
And meet all applicable requirements of state law and this article.
(4)
Installations on traffic signal structures.
Installations
on all traffic signal structures must not interfere with the integrity
of the facility in any way that may compromise the safety of the public
and must be in accordance with the agreement with the city. Installation
of network node facilities on any traffic signal structures:
(A)
Shall be encased in a separate conduit than the traffic light electronics;
(B)
Shall have a separate electric power connection than the traffic
signal structure;
(C)
Shall have a separate access point than the traffic signal structure;
(D)
Shall not puncture or drill into the structure;
(E)
Shall not be installed on the mast arm; and
(F)
Shall meet all other requirements of state law and this article.
(5)
Installations on street signage.
Installations on all
street signage structures must not interfere with the integrity of
the facility in any way that may compromise the safety of the public
and must be in accordance with the agreement with the city. Installation
of network node facilities on any street signage structures that have
electrics shall:
(Ordinance 19-O-02, sec. 15.107,
adopted 1/14/2019; Ordinance adopting
2023 Code)
A network provider shall be responsible for obtaining any required
electrical power service to the micro network node, network node facilities,
node support poles and ground equipment. The city shall not be liable
to the network provider for any stoppages or shortages of electrical
power furnished to the micro network node, network node facilities,
node support poles or ground equipment, including, without limitation,
stoppages or shortages caused by any act, omission, or requirement
of the public utility serving the structure or the act or omission
of any other tenant or network provider of the structure, or for any
other cause beyond the control of the city. A network provider shall
not allow or install generators or back-up generators in the right-of-way.
(Ordinance 19-O-02, sec. 15.108,
adopted 1/14/2019)
(a)
Installation.
(1)
A 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 manager, as such may
be amended from time to time. The network provider’s work shall
be subject to the regulation, control and direction of the city manager.
(2)
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 any agreement with the city as applicable
and all applicable laws, ordinances, codes, rules and regulations
of the city, county, state, and the United States (“laws”).
(b)
Standard pole load analysis on attachments to a service pole.
All applications for permits to collocate or attach to any service
pole must have included in its permit application a completed industry
standard individual pole load analysis performed and sealed by an
engineer licensed by the State of Texas that indicates that the service
pole to which the network node is to be attached will safely support
the load. Such analysis shall also address safety of the pole and
attachments in regard to wind loads, collision with motor vehicles,
supporting weight of the node, interference with city communications
systems, and all other pertinent information.
(c)
Inspections.
The city manager may perform visual inspections
of any micro network node, network node, node support pole or related
ground equipment located in the right-of-way as the city manager deems
appropriate without notice. If the inspection requires physical contact
with the micro network node, network node, node support poles or related
ground equipment, the city manager shall provide written notice to
the network provider within five (5) business days of the planned
inspection. A network provider may have a representative present during
such inspection.
(d)
Attachment to mast arm of traffic-control signal.
No
installations shall be placed on the mast arm of a traffic-control
signal.
(Ordinance 19-O-02, sec. 15.109,
adopted 1/14/2019; Ordinance adopting
2023 Code)
(a)
Removal or relocation by network provider.
(1)
If the network provider removes or relocates a micro network node,
network node facilities, node support pole or related ground equipment
at its own discretion, it shall notify the city manager in writing
not less than ten business days prior to removal or relocation. A
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)
The city shall not issue any refunds for any amounts paid by a network
provider for micro network nodes, network node facilities, node support
poles or related ground equipment that have been removed.
(3)
Any abandoned or obsolete micro network node, network node, node
support pole or other related equipment shall be removed in strict
accordance with this article and all other applicable ordinances and
state law.
(4)
A network provider shall remove micro network nodes, network node
facilities, node support poles or related ground equipment when such
facilities are abandoned regardless of whether or not notice is received
from the city. Such removal must occur within ninety days from the
date of abandonment, unless additional time is allowed by the city.
The network provider shall provide advance written notice of such
removal which must be received by the city at least two working days
prior to the removal, except in case of emergency. Such notice shall
specify the location and description of each micro network node, network
node facilities, node support pole or related ground equipment to
be removed.
(5)
The city manager may require the network provider to complete additional
remedial measures necessary for public safety and the integrity of
any city facilities and the right-of-way.
(b)
Removal or relocation required for city project.
(1)
A network provider shall relocate or adjust micro network nodes, network nodes, node support poles and related ground equipment in a public right-of-way in a timely manner in accordance with section 10.03.036 and without cost to the municipality managing the public right-of-way.
(2)
Pursuant to state law and as a condition for occupancy of the right-of-way, the network provider may be required by the city to remove or relocate any of its facilities, including but not limited to its micro network nodes, network nodes, node support poles and related ground equipment, or any portion thereof, from the right-of-way, and the network provider shall, at the city manager’s direction, remove or relocate the same at the network provider’s sole cost and expense, whenever the city manager reasonably determines that the relocation or removal is needed as set out in section 10.03.036.
(3)
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 manager within ninety
(90) days of the 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 the network provider’s sole cost and expense, without
further notice to the network provider, and the network provider shall,
within thirty (30) days following issuance of the 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 or due to imminent danger, or
for improper permitting or licensing.
(1)
A 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 manager if the
city manager 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 (i) is necessary to protect
the public health, safety, welfare, or city property, (ii) 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 (iii) the 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 manager 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)
The city manager 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)
A network provider shall reimburse the city for the city’s
actual cost of removal of the micro network node, network node, node
support pole and related ground equipment within thirty (30) days
of receiving the invoice from the city.
(d)
Restoration.
A network provider shall repair any damage
to the right-of-way, or any facilities located within the right-of-way,
and the property of any third party resulting from the network provider’s
removal or relocation activities (or any other of network provider’s
activities hereunder) within ten (10) calendar days following the
date of such removal or relocation, at the network provider’s
sole cost and expense, including restoration of the right-of-way and
such property to substantially the same condition as it was immediately
before the date the network provider was granted a permit for the
applicable location or did the work at such location (even if the
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 manager.
(e)
Network provider responsible.
A network provider shall
be responsible and liable for the acts and omissions of the network
provider’s employees, temporary employees, officers, directors,
consultants, agents, affiliates, subsidiaries, sub-network providers
and subcontractors in connection with the installations of any micro
network node, network node, node support pole and related ground equipment,
as if such acts or omissions were the network provider’s acts
or omissions.
(Ordinance 19-O-02, sec. 15.110,
adopted 1/14/2019; Ordinance adopting
2023 Code)
(a)
Upon abandonment or upon being deemed abandoned, the network provider
has a duty to promptly remove its facilities from the right-of-way.
Notice from the city is not a prerequisite to the requirement for
removal.
(Ordinance 19-O-02, sec. 15.111,
adopted 1/14/2019)
(a)
Other requirements.
All requirements of this article,
including division 2 of this article, shall be met as applicable.
(b)
No city allocation of funds for removal and storage.
All costs of any removal or storage of micro network nodes, network
nodes, node support poles and related ground equipment, as authorized
under this article, shall be the responsibility of the network provider
and the city is not required to expend no [any] funds to meet the
requirements of the network providers. Any funds expended by the city
due to an emergency or failure of a person to abide by these requirements
shall be reimbursed to the city.
(c)
Ownership of equipment.
No part of a micro network node,
network node, node support pole and related ground equipment erected
or placed on the right-of-way by network provider will become or be
considered by the city as being affixed to, or a part of, the 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 a network provider on the right-of-way will be and remain
the property of the network provider and may be removed by the network
provider at any time, provided the network provider shall notify the
city manager prior to any work in the right-of-way.
(d)
Size limits.
(1)
Network providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in
this article or state law with each application, notice of work to
be performed or request for a permit for each location; provided,
however, where possible, providers are encouraged to reduce the size
of installed facilities.
(2)
The size limits in this article are only applicable for so long as
required by state law. If chapter 284 of the Local Government Code
is found to be repealed, struck down, preempted or invalid, in whole
or in part, the standards required by the city, either in the municipal
authorization or an amendment to the municipal authorization or the
directives of the city or this article, [shall be required and] then
such standards shall be subject to individualized review.
(Ordinance 19-O-02, sec. 15.112,
adopted 1/14/2019; Ordinance adopting
2023 Code)
Insurance, indemnity, bonding and security deposits shall be
in strict accordance with this article, and other applicable ordinances,
except to the extent not consistent with state or federal law.
(Ordinance 19-O-02, sec. 15.113,
adopted 1/14/2019)
Placement or modification of micro network nodes, network nodes,
node support poles and related ground equipment shall comply with
the city’s design manual at the time the permit for installation
or modification [is issued], and as said design manual may be approved
or amended from time to time.
(Ordinance 19-O-02, sec. 15.114,
adopted 1/14/2019)
