(a)
This article may be known and cited as the right-of-way management
ordinance for the city.
(b)
The purposes and findings of this article are as follows: To protect the health, safety, and welfare of the public during the installation, operation, and maintenance of facilities by public service providers (defined in section 18.03.004);
(1)
To govern and monitor the orderly use of the public right-of-way;
(2)
To provide for enforcement;
(3)
To provide a penalty for violation of any provisions of this
article;
(4)
To provide for the registration of public service providers
with facilities in the public right-of-way;
(5)
To provide insurance requirements for construction in the public
right-of-way;
(6)
To provide permit requirements and procedures for construction
in the public right-of-way;
(7)
To provide for maintenance and repair of the public right-of-way
and of facilities located in the public right-of-way;
(8)
To provide for emergency activities in the public right-of-way;
(9)
To provide for coordination with public improvements;
(10)
To regulate the installation of utility structures; and
(11)
To provide an effective date.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
This article shall be construed under and in accordance with
the laws of the state and the city charter and city code to the extent
that such charter and codes are not in conflict with or in violation
of the Constitution and laws of the United States or the state.
(b)
All provisions of this article shall apply to all persons involved
with the public right-of-way, all work performed therein, any facilities
maintained therein or any other matter as applicable.
(Ordinance O-2023-075 adopted 12/14/2023)
This article shall be effective within the geographical limits
of the city, including any areas subsequently annexed by the city.
(Ordinance O-2023-075 adopted 12/14/2023)
The definitions in this section apply to all of this article 18.03.
The facilities installed in the public 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 or raceways, cables, fiber, hand holes (vaults), pedestals,
cabinets, and any and all other appurtenances which make up a fiberoptic
communication systems which are or will be installed at locations
specified in a permit application within the public right-of-way that
have been left by provider 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.
Unless the commission adopts a different definition under section
283.003, a unit of measurement representing:
Each switched transmission path of the transmission media that
is physically within a public right-of-way extended to the end-use
customer's premises within the municipality, that allows the
delivery of local exchange telephone services within a municipality,
and that is provided by means of owned facilities, unbundled network
elements or leased facilities, or resale;
Each termination point or points of a nonswitched telephone
or other circuit consisting of transmission media located within a
public right-of-way connecting specific locations identified by, and
provided to, the end-use customer for delivery of nonswitched telecommunications
services within the municipality; or
Each switched transmission path within a public right-of-way
used to provide central office-based PBX-type services for systems
of any number of stations within the municipality, and in that instance,
one (1) path shall be counted for every ten (10) stations served;
and
May not be construed to include interoffice transport or other
transmission media that do not terminate at an end-use customer's
premises or to permit duplicate or multiple assessment of access line
rates on the provision of a single service.
Secondary, supporting, or subordinate.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
A person submitting an application or proposal to the city
for a license, franchise, permit or notice to install facilities or
equipment or work in the public right-of-way.
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.
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.
A negotiated privilege pursuant to license agreement between
the city in its discretion and a person, allowing a person to occupy
any portion of a street, public 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.
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.
The City of Hutto, Texas or its lawful successor, and includes
the Hutto city council.
The city council for the [City of] Hutto, Texas or its lawful
successor, which is the governing body for the city.
The Hutto city manager, or designee.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
The Public Utility Commission of Texas.
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.
Any wireless facility or pole that is covered, painted, disguised,
or blended into 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 facade, blended
with surrounding area design, painted to match the supporting area,
or disguised with artificial tree branches.
To remove, alter, change, relocate, or adapt the underground
or overhead facilities of a public service provider in the public
right-of-way in advance of proposed public improvements financed by
the city.
Any of the following activities performed by any person within
a public right-of-way:
Installation, excavation, laying, placement, repair, upgrade,
maintenance, or relocation of facilities or other improvements, whether
temporary or permanent.
Modification or alteration to any surface, subsurface, or aerial
space within the public right-of-way.
Performance, restoration, or repair of pavement cuts or excavations.
Other construction work approved in the permit for construction in
the public right-of-way.
The annual revised consumer price index for all urban consumers
for the state, as published by the Federal Bureau of Labor Statistics.
Williamson County, Texas.
Shall be included as a type of network node and have the
same meaning as "network node."
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 municipal codes.
An area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design
and aesthetic standards on a uniform and nondiscriminatory basis.
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.
Refers to or shall include any public easement or other compatible
use, whether created by dedication or by the other means, for uses
which include public utility purposes or any other purpose whatsoever.
"Easement" may include a private easement used for the provision of
utilities, depending upon usage.
Circumstances requiring immediate construction or operations
by a public service provider to:
The removal of dirt, fill, or other material in the public
right-of-way including, but not limited to, the methods of open trenching,
boring, tunneling, vacuuming, or jacking.
Includes, but is not limited to, the plant, equipment, buildings,
structures, poles, wires, cables, lines, conduit, mains, pipes, vaults,
and appurtenances of a public service provider located within the
public right-of-way and includes property owned, operated, leased,
licensed, used, controlled, or supplied for, by, or in connection
with the business of the public service provider.
The Federal Administrative Agency, or lawful successor, authorized
to oversee cable television and other multi-channel regulation on
a national level.
A form of communication transmission that uses light to send
data, high quality video and sound.
The date of expiration, or the end of the term of a franchise,
permit or license agreement.
The user fee or charge that the city requires as payment
for using the streets, public rights-of-way, public ways, and easements
of the city.
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 public right-of-way.
Any and all compensation which is derived from the operation
of the system, and which is attributable to the systems operations
within the city as allowed by law.
Right-of-way adjacent to a state or federal highway.
An area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
Common law or a federal, state, or local law, statute, code,
rule, regulation, order, or ordinance.
Within the geographical boundaries of the City of Hutto,
Texas.
Has the meaning assigned by section 51.002, Utilities Code.
The mayor for the City of Hutto, Texas.
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.
An area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity, and
includes the various properties under the direction, control and supervision
of the city's director of parks and recreation department pursuant
to the authority granted by city council and the city code.
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.
Manual of Uniform Traffic-Control Devices.
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;
Coaxial or fiber-optic cable that is immediately adjacent to
and directly associated with a particular collocation; and
Small wireless facilities as defined in 47 CFR section 1.6002(1);
and
A pole as defined by article 284 of the Texas Local Government
Code.
Has the same meaning as "municipal park."
A cut made into the paved surface of the public right-of-way.
A document issued by the city authorizing installation, removal,
modification and other work for equipment or facilities in accordance
with the approved plans and specifications.
The person applying for or receiving a permit to perform
construction within the city's public right-of-way under the
terms and conditions of this article. The term includes any officer,
director, partner, manager, superintendent, or other authorized person
exercising control over or on behalf of the public service provider.
Any individual, corporation, business, trust, estate, trust,
partnership, association of two (2) or more persons having a joint
common interest, governmental agency, or other legal entity, including
the city.
A service pole, municipally owned pole, node support pole,
or other utility pole, and shall include network node support pole.
Has the same meaning as "network provider."
Public right-of-way accessibility guidelines.
This article 18.03 of the City of Hutto Code of Ordinances.
The manual adopted by the City of Hutto that contains engineering,
technical, and other special criteria and standards for permitting
and construction within the public right-of-way.
Any energy delivery or transport company, telecommunications company, cable company, water utility, stormwater utility, or wastewater utility, including any entity engaging in construction pursuant to a franchise agreement or license agreement with the city. Network providers are included in this definition for all purposes except for provisions outlined in section 18.03.101(f). The city, or any person working on behalf of the city under contract, is not included in this definition.
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 the city (including any street, as defined, which is acquired by
eminent domain) for the purpose of public travel and shall include
other easements or public rights-of-way now or hereafter held by the
city (including any easements or rights-of-way acquired by eminent
domain) which shall, with their proper use and meaning, entitle the
city or utility provider, with proper authorization, to use thereof
for the purpose of installing or transmitting utilities over poles,
wires, cable, conductors, ducts, conduits, viaducts, manholes, amplifiers,
appliances, attachments, and other property as may ordinarily be necessary.
The term does not include a private easement or the airwaves above
a public right-of-way with regard to wireless telecommunications.
A pole, other than a municipally owned utility pole, owned
or operated by a municipality and located in a public right-of-way,
including:
Shall be included as a type of network node and have the
same meaning as "network node."
Construction waste, construction supplies, or excavated dirt,
fill, or other similar material that is stored or placed upon the
surface of a public right-of-way.
The State of Texas.
Only the portion of the public right-of-way with a specially
prepared surface used for vehicular travel, which surface may be concrete,
blacktop 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 (2)
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 public right-of-way. Public
right-of-way includes the sidewalks and utility easements and street
does not include a sidewalk or utility easement. A street does not
include the curb, sidewalk or ditch, if any or present either at time
of permitting or if added later.
Stormwater pollution prevention plan.
Texas Accessibility Standards.
Shall have the same meaning as "street."
Any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
Each transmission path physically within 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.
United States Code.
An area where poles, overhead wires, and associated overhead
or aboveground structures have been removed and buried or have been
approved for burial underground pursuant to municipal ordinances,
zoning regulations, state law, private deed restrictions, or other
public or private restrictions, that prohibit installing aboveground
structures in a public right-of-way.
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.
A pole that provides:
Electric distribution with a voltage rating of not more than
34.5 kilovolts;
Services of a telecommunications provider, as defined by section
51.002 of the Texas Utilities Code; or
Any above or below ground manhole, hand hole, vault, cabinet,
or any other appurtenance other than a pole or device attached to
a pole which is owned or used by a public service provider. The phrase
does not include devices or structures used to control or direct pedestrian
or vehicular traffic on an adjacent roadway.
A triangle sight area at an intersection of two streets or
driveways as shown in the city's design criteria manual, as amended.
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).
"Micro network nodes," "network nodes," and "node support
poles" as defined in Texas Local Government Code article 284, and
"small wireless facilities" as defined in 47 CFR section 1.6002(1).
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.
A person that provides wireless service to the public.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
Authority.
(1)
The city manager is authorized to administer and enforce the
provisions of this article, and the public right-of-way permitting
and construction manual approved by the city.
(2)
The city manager is authorized to enter a construction site
for which a permit is granted under this article for purposes of inspection
to determine compliance with the permit and this article.
(3)
The city manager is authorized to request from the public service
provider plans of record that show its facilities existing in the
public right-of-way as of the date of the request. The public service
provider shall provide the requested plans of record within 90 days
of the request, or alternate schedule as agreed to by both parties,
to the extent such records are available. Public release of such records
shall be in accordance with the Public Information Act as found in
V.T.C.A., Government Code, article 552.
(4)
If the release of the location of any utility, including water
and sewer, or of plans of record submitted under this subsection would
jeopardize public safety, the information shall be considered confidential.
In addition, if plans of record submitted under this subsection include
information expressly designated by the public service provider as
a trade secret or other confidential information protected from disclosure
by state law, the city shall not disclose that information to the
public without the consent of the public service provider, unless
otherwise compelled by an opinion of the attorney general pursuant
to the Texas Public Information Act, as amended, or by a court having
jurisdiction of the matter pursuant to applicable law. This subsection
may not be construed to authorize a public service provider to designate
all matters in its plans of record as confidential or as trade secrets.
(b)
Enforcement.
(1)
A person commits an offense if they:
(A)
Perform, authorize, direct, or supervise construction
without a valid permit issued under this article;
(B)
Fail to comply with restrictions or requirements
of a permit issued under this article;
(C)
Fail to comply with a lawful order or regulation
issued pursuant to this article; or violate any other provision of
this article.
(2)
A person commits an offense if, in connection with the performance
of construction in the public right-of-way, they:
(A)
Damage the public right-of-way beyond what is incidental
or necessary to the performance of the construction;
(B)
Damage public or private facilities within the
public right-of-way;
(C)
Fail to immediately clear debris associated with
the construction from a public right-of-way after construction is
completed; or
(D)
Fail to stabilize any disturbed area from erosion
within 14 days after construction is completed, unless an alternative
timeframe is approved by the city.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
Any violation of this article is an offense that is considered
a class C misdemeanor and each day the violation continues shall be
a separate offense.
(b)
An offense under this article shall be punishable by a fine
not to exceed five hundred dollars ($500.00).
(c)
If the definition of an offense under this article does not
prescribe a culpable mental state, then a culpable mental state is
not required. Although not required, if a culpable mental state is
in fact alleged in the charge of an offense under subsection (b)(3),
such offense shall be punishable by a fine of not less than five hundred
dollars ($500.00) and not to exceed two thousand dollars ($2,000.00).
(d)
The city may institute all appropriate legal action to prohibit
any person from knowingly using the public rights-of-way unless the
person has complied with the terms of this article.
(e)
This article may be enforced by a civil court action in accordance
with state or federal law, in addition to any other remedies, civil
or criminal, the city has for a violation of this article.
(f)
If a permittee has been convicted of an offense under this article
in municipal court, additional permits from the public service provider
may be denied until the offense has been corrected and any direct
or indirect costs incurred by the city have been reimbursed. The permittee
shall not be granted any additional permits until the offense has
been corrected and any direct or indirect costs incurred by the city
have been reimbursed unless an exception has been granted by the city
due to special circumstances.
(g)
This article shall not be construed as imposing upon the city
or any official or employee any liability or responsibility for damages
to any person injured by the performance of any work for which a permit
is issued hereunder, nor shall the city or any official or employee
thereof be deemed to have assumed any such liability or responsibility
by reason of inspections authorized hereunder, the issuance of any
permit or the approval of any work.
(Ordinance O-2023-075 adopted 12/14/2023)
