(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 Tex. Loc. Gov't 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.
(c)
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.
(d)
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—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.
(e)
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 rights-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.
(f)
A network provider shall comply with the city's rights-of-way
management ordinance except where in conflict with this design manual
or chapter 284, subchapter C, or the FCC order and rules adopted thereby.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
Municipal parks and residential areas.
A network
provider may not install a new node support pole in the following
locations:
(1)
In a municipal park; or
(2)
In right-of-way that is adjacent to a street that is:
(A)
Not more than fifty (50) feet wide at average width,
measuring vehicular traveled portion only as set out in the definition
of "street" and the measurement does not include intersection and
refers only to the main traveled portion measured at mid-block or
mid-point between intersections; and
(B)
Adjacent to developed or undeveloped single-family
residential lots, other multifamily residential area or land that
is designated for residential use by zoning or deed restrictions.
(3)
Construction in right-of-way adjacent to a school is prohibited,
unless all contractors, subcontractors, or other workers follow all
statutory requirements in the Texas Education Code regarding work
on school grounds, as applicable.
(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 aboveground 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 district and design districts.
(1)
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)
Network provider shall comply with and observe all applicable
city, state, and federal historic preservation laws and requirements.
(d)
Historic preservation laws and requirements.
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.
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)
Designation.
The council may designate an area
as a historic district, design district or underground district at
any time.
(2)
Underground district.
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 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 district.
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 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 district.
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 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)
Each permit application shall designate if the requested area
for installation is within a residential area, a municipal park, an
underground district or underground requirement area, or a historic
district or a design district.
(Ordinance O-2023-075 adopted 12/14/2023)
(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 O-2023-075 adopted 12/14/2023)
(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 telephones 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
includes (in order of preference):
(A)
Nondecorative street lights.
(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 shall:
(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 O-2023-075 adopted 12/14/2023)
(a)
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)
Network node facilities shall be installed in accordance with section 18.03.054 and all other applicable requirements of this article.
(c)
Right-of-way.
(1)
Network nodes installation shall follow all applicable requirements of this article, including section 18.03.054.
(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 sights 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)
There shall be no more than one (1) network node on any one
(1) pole.
(Ordinance O-2023-075 adopted 12/14/2023)
(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 O-2023-075 adopted 12/14/2023)
(a)
Confirmation of noninterference 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 permit and while network
nodes remain in the right-of-way, the compatibility between the existing
city infrastructure and 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 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 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 node 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, 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, where applicable.
(F)
Size limits may be reduced when necessary for public
health, safety or welfare.
(c)
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, pre-empted 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 road ways 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 fifty (50) feet or
less in height, including their antennas; or
(B)
Must be mounted on structures no more than ten
(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 fifty (50) feet or by more than
ten (10) percent, whichever is greater.
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For purposes of this subsection, "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).
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(f)
Minimize 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) sq. ft.
or more.
(g)
Allowed colors.
Colors shall meet the requirements set out in section 18.03.054(a)(19).
(h)
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 American Disabilities Act, then
network provider shall remove the network node facilities, node support
poles or ground equipment.
(i)
Ground equipment.
(1)
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 sights 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)
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)
Ground equipment shall not be installed in such a manner as
to interfere with a sight visibility triangle.
(j)
Municipal service poles.
(1)
An agreement shall be required for all installations on municipal
service poles and all such installations shall be in accordance with
the agreement.
(2)
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;
(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; and
(C)
Meet all applicable requirements of state law and
this article.
(4)
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 shall:
(A)
Be encased in a separate conduit than the traffic
light electronics;
(B)
Have a separate electric power connection than
the traffic signal structure;
(C)
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)
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 has electrics
shall:
(Ordinance O-2023-075 adopted 12/14/2023)
(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.
(b)
Network provider shall not allow or install generators or back-up
generators in the right-of-way.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
Installation.
(1)
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. 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 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 pole and attachments
in regard to wind loads, collision with motor vehicle, 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. Network provider may have a representative
present during such inspection.
(d)
No installations shall be placed on the mast arm of a traffic-control
signal.
(Ordinance O-2023-075 adopted 12/14/2023)
(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.
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
network provider for micro network node, 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)
Network provider shall remove micro network node, network node
facilities, node support pole 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 node,
network node, node support pole and related ground equipment in a
public right-of-way in a timely manner in accordance with sections
18.03.012 and 18.03.028 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 node, network node, node support pole and related
ground equipment, or any portion thereof from the right-of-way, and
network provider shall, at the city manager's direction, remove
or relocate the same at network provider's sole cost and expense,
whenever the city manager reasonably determines that the relocation
or removal is needed as set out in sections 18.03.012 and 18.03.028.
(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 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 network provider's sole cost and expense, without further
notice to network provider, and network provider shall, within thirty
(30) days following issuance of 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)
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:
(A)
Is necessary to protect the public health, safety,
welfare, or city property;
(B)
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
(C)
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.
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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.
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(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)
Network provider shall reimburse city for the city's actual
cost of removal of 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.
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 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 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 network provider was granted a permit for the applicable
location or did the work at such location (even if 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.
Network provider
shall be responsible and liable for the acts and omissions of network
provider's employees, temporary employees, officers, directors,
consultants, agents, affiliates, subsidiaries, subnetwork provider's
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 network provider's acts or
omissions.
(Ordinance O-2023-075 adopted 12/14/2023)
(a)
Upon abandonment or upon being deemed abandoned, 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 O-2023-075 adopted 12/14/2023)
(a)
All requirements of this article, including division 2, 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 node, network
node, node support pole and related ground equipment, as authorized
under this division, shall be the responsibility of the network provider
and the city is not required to expend no 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.
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 network provider on the right-of-way will be and remain the property
of network provider and may be removed by 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, pre-empted 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 division then such standards shall
be subject to individualized review.
(Ordinance O-2023-075 adopted 12/14/2023)
Insurance, indemnity, bonding and security deposits shall be in strict accordance with section 18.03.052, and other applicable ordinances, except to the extent not consistent with state or federal law.
(Ordinance O-2023-075 adopted 12/14/2023)
Placement or modification of micro network node, network node,
node support pole and related ground equipment shall comply with this
section at the time the permit for installation or modification, and
as this section may be approved or amended from time-to-time.
(Ordinance O-2023-075 adopted 12/14/2023)
