HomeMy WebLinkAboutORD 19-017ORDINANCE NO. 19-017
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, REPEALING IN
ITS ENTIRETY ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY
MANAGEMENT REGULATIONS, OF CHAPTER 14, STREETS AND
SIDEWALKS, OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT, AND REPLACING IT WITH THIS NEW ARTICLE 14.03,
DIVISION 4, RIGHT-OF-WAY MANAGEMENT REGULATIONS, TO
CONFORM TO NEW RULES ADOPTED BY THE FEDERAL
COMMUNICATIONS COMMISSION PURSUANT TO ITS DECLARATORY
RULING, REPORT AND. ORDER RELATED TO SMALL CELL
TECHNOLOGY AND ADOPT OTHER MINOR CHANGES, AND
PROVIDNG PENALTY CLAUSE, A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PUBLICATION
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the state has delegated to each city the fiduciary duty, as a trustee, to
manage the public right-of-way for the health, safety, and welfare of the public, subject to
state law; and,
WHEREAS, the City Council has determined that excavations in city streets may
significantly interfere with the public use of the streets and result in a negative impact to
public safety, air quality, level of service on streets and sidewalks, and aesthetics of the
community; and,
WHEREAS, the City Council finds excavations in paved streets significantly
degrades and shortens the life of the surface of the streets, and increases the frequency
and cost to the public of requisite resurfacing, maintenance and repair; and,
WHEREAS, the City Council has determined that substantial public funds have
been invested to build, maintain and repair the city streets and utilities; and,
WHEREAS, the Federal Communications Commission issued a declaratory
ruling, report and order, FCC WT Docket No. 17-79, dated September 26, 2018, (the
"Order") adopting new rules addressing the deployment of small wireless facilities in
public rights -of -way, such rules to take effect upon passage; and,
WHEREAS, cities retain the authority to manage the public right-of-way to ensure
the health, safety, and welfare of the public; and,
WHEREAS, it is desirable to adopt regulations to protect the structural integrity of
city streets and safeguard the value of the public infrastructure; and,
WHEREAS, it is also desirable, reasonable and in the interest of public safety to
impose regulations to reduce clutter and unsightly deployment as a public harm; and,
WHEREAS, the City of Beaumont reasonably anticipates that the actual and
direct cost of processing permit applications for network providers will exceed the
presumptively reasonable amounts of $500 per application covering up to five network
nodes, $250 for each additional network node per application, and $1000 per
application for each pole currently allowed by Texas Local Government Code Chapter
284, and the Order, however, city staff will review costs as the process is undertaken
and will determine the actual and direct costs based upon actual experience and revise
application fees if required; and,
WHEREAS, upon full review and consideration of all matters related and
attendant thereto, the City Council is of the opinion that Article 14.03, Division 4, Right -
of -Way Management Regulations, adopted by Ordinance No. 17-054 should be
repealed in its entirety and replaced as provided herein;
NOW, THEREFORE, BE IT ORDAINDED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section I.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section II.
Article 14.03, Division 4, Right -of -Way Management Regulations, of Chapter 14,
Streets and Sidewalks, of the City of Beaumont Code of Ordinances, is hereby repealed
in its entirety.
Section III.
Article 14.03, Division 4, Right -of -Way Management Regulations, of Chapter 14,
Streets and Sidewalks, of the City of Beaumont Code of Ordinances, is replaced with
the following:
ARTICLE 14.03, DIVISION 4. - RIGHT-OF-WAY MANAGEMENT REGULATIONS
Sec. 14.03.190. - Title.
This division shall be known and. cited as the Right -of -Way Management
Regulations for the City of Beaumont, Texas.
Sec. 14.03.191. - Construction; governing law; venue.
This division shall be construed under and in accordance with the laws of the State
of Texas and the City Charter and City Code to the extent that such Charter and City
Code are not in conflict with or in violation of the Constitution and laws of the United
States or the State of Texas. All obligations of the parties hereunder are performable in
Jefferson County, Texas.
Sec. 14.03.192. - Scope.
This division shall be effective within the geographical limits of the city, including
any areas subsequently annexed by the city.
Sec. 14.03.193. - Purpose; objectives; applicability.
(a) Purpose. This division provides principles and procedures for the placement of
structures and facilities, construction, excavation, encroachments, and work
activities within or upon any public right-of-way and to protect the integrity of the
road and city utility system. To achieve these purposes, it is necessary to require
permits of private users of the public rights -of -way, except as prohibited by law,
and to establish permit procedures, rules, and regulations for work done within or
upon the public rights -of -way.
(b) Objectives. Public and private uses of public rights -of -way for location of facilities
employed in the provision of public services should, in the interests of the general
welfare, be accommodated; however, the City of Beaumont must insure that the
primary purpose of the rights -of -way, safe passage of pedestrian and vehicular
traffic, is maintained to the greatest extent possible. In addition, the value of other
public and private installations, roadways, the city utility system, facilities and
properties should be protected, competing uses must be reconciled, and the public
safety preserved. The use of the public rights -of -way by persons, agencies,
network providers, and public infrastructure contractors is secondary to these
public objectives and the movement of traffic. This division is intended to strike a
balance between the public need for efficient, safe transportation routes and the
use of public rights -of -way for location of facilities by public and private entities.
The division thus has several objectives:
(1) To ensure that the public safety is maintained and that public inconvenience
is minimized.
(2) To protect the city's infrastructure investment by establishing repair standards
for the pavement, facilities, and property in the public rights -of -way when work
is accomplished.
(3) To facilitate work within the public rights -of -way through the standardization of
regulations.
(4) To maintain an efficient permit process.
(5) To conserve and fairly apportion the limited physical capacity of the public
rights -of -way held in public trust by the city.
(6) To establish a public policy for enabling the city to discharge its public trust
consistent with the rapidly evolving federal and state regulatory policies,
industry competition, and technological development.
(7) To promote cooperation among the agencies, network providers, and public
infrastructure contractors (as defined herein) and the city in the occupation of
the public rights -of -way, and work therein, in order to (i) eliminate duplication
that is wasteful, unnecessary or unsightly, (ii) lower the agencies', network
providers', public infrastructure contractors' and the city's costs of providing
services to the public, and (iii) preserve the physical integrity of the streets
and highways by minimizing street cuts.
(8) To assure that the city can continue to fairly and responsibly protect the public
health, safety, and welfare.
(9) To further the public health, safety, and welfare of the citizens of the city by
establishing aesthetic standards for 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.
(c) Applicability.
(1) The requirements of this division apply to all persons, agencies, network
providers, and public infrastructure contractors that place structures and
facilities or that conduct construction, excavation, encroachments, and work
activities within or upon any public rights -of -way except:
a. Persons, agencies, or public infrastructure contractors providing service
drops for single-family and two-family residence -zoned properties on
private property. All permits for these properties will be issued through
the city's building inspection department.
b. New residential service connections which are permitted through the
building inspection department of the City of Beaumont as provided in
section 14.03.199(a)(5) below.
C. Right-of-way use for valet -parking.
d. Right-of-way use for sidewalk cafes.
e. Revocable use of the right-of-way pursuant to an encroachment
agreement.
(2) Any permit issued prior to March 26, 2019 will remain subject to the terms and
conditions of city ordinances and requirements in effect at the time of issuance
of the permit and is not affected by this division, except that, upon expiration or
conclusion of the permit, a new or renewal permit must be obtained in
accordance with this division.
Sec. 14.03.194. - Definitions.
Abandon and its derivatives means the facilities installed in the right-of-way
(including by way of example but not limited to: poles, wires, conduit, manholes,
handholes, cuts, network nodes and node support poles, or portion thereof) that have
been left by Provider in an unused or non-functioning condition for more that 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.
Abandoned facilities means facilities no longer in service or physically
disconnected from the operating facilities, or from any other facilities, or from any other
facilities that are in use or that still carry service. Facilities are deemed to be abandoned
facilities if they are not properly registered with the city.
Agency means any franchised person operating in the right-of-way. "Agency"
includes all contractors and sub -contractors hired or retained to do construction for an
agency.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted
by a recognized national code organization; and,
(B) local amendments to those codes to the extent not inconsistent with
Chapter 284.
Applicant means an owner or authorized agent of an owner, who submits an
application for a permit under the provisions of this division.
Backfill means the placement or return of dirt, fill, or other material for the purpose
of restoring an excavated area.
Certificated telecommunications provider (CTP) means 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 Public Utility Commission to
offer local exchange telephone service. A CTP does not include a network provider, as
defined herein.
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
City means the "City of Beaumont, Texas. As used throughout, the term city also
includes the designated agent of the city.
City Council means the municipal governing body of the City of Beaumont, Texas.
City engineer means the director of engineering of the City of Beaumont or any
other person designated by the city manager to administer this division.
City manager means the city manager 'of the City of Beaumont.
Closure means a complete or partial closing of one or more lanes of traffic of a
major thoroughfare and the complete closure of any other type street or sidewalk.
Collocate and collocation means the installation, . mounting, maintenance,
modification, operation, or replacement of network nodes in a public right-of-way on or
adjacent to an existing pole or structure.
Compaction means ninety-five (95) percent of maximum density with a moisture
content of -2 percent to +4 percent of optimum under paved surfaces and ninety. (90)
percent of maximum density with a moisture content of -2 percent to +4 percent of
optimum outside of paved surfaces.
Concealment or Camouflaged means any facility that is covered, blended, painted,
disguised, or ."otherwise concealed such that the ,facility blends into the surrounding
environment and is visually unobtrusive. A concealed facility also includes any facility or
pole conforming to the surrounding area in which the facility or pole is located and may
include, but is not limited to hidden beneath a fagade, blended with surrounding area
design, painted to match the supporting area, or disguised with artificial tree branches.
Construction means breaking of pavement, excavation, installation of facilities,
boring or jacking of utilities, restoration of pavement cuts, or other work by an agency,
network provider, or public infrastructure contractor in a public right-of-way. The
definition includes, but is not limited to, providing primary service, restoration, or
maintenance of existing facilities within the right-of-way.
Consumer price index means the annual revised Consumer Price Index for All
Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics or
other publication as authorized by state law.
Decorative Pole means a streetlight pole specifically 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 the City of
Beaumont Zoning Ordinance , regulation of light pole banners, as may be further
amended.
Disaster emergency means 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.
Distributed Antenna System or 'DAS shall be included as a type of "Network
Node."
Duct or conduit means a single enclosed raceway for cables, fiber optics, or other
wires. "Duct" or "conduit" shall not include the maintenance duct associated with a
conduit that is reserved for use in replacing damaged cable or for rerouting purposes.
Easement means and shall include any public easement or other compatible use
created by dedication, or by other means, to the city for public utility purposes or any
other purpose whatsoever. "Easement" shall include a private easement used for the
provision of utilities.
Emergency means any event that may threaten public health or safety, including,
but not limited to, damaged or leaking water or gas conduit systems, damaged,
plugged, or leaking sewer or storm drain conduit systems, damaged facilities, downed
aerial facilities, downed poles or service outages whether to one customer or an area of
the city.
Erosion control means compliance with TxDot Erosion and Sediment Control
measures, as amended.
Excavate or excavation means to dig into or in any way remove or penetrate any
part of a public right-of-way and does not include landscaping activity unless the activity
removes or disturbs the paved portion of the right-of-way.
Facilities means the plant, equipment, and property, including, but not limited to,
lines, transport service, poles', mains, pipes, conduits, pipelines, ducts, cables and wires
located under, on or above the surface of the ground within the public right-of-way and
valves, and related facilities and equipment used or useful for the provision of utility
services, wireless or network services, or communications services to the public.
Federal Communications Commission or FCC means the Federal Administrative
Agency, or lawful successor; authorized to oversee cable television and other multi-
channel regulation on a national level.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic District means an area that is zoned or otherwise designated as a historic
by the City. Such zones include H-C, Historic -Cultural Landmark Overlay, HC-L,
Historic -Cultural Landmark and RCR-H, Residential Conservation and Revitalization.
Law means common law or a federal, state, or local law, statute, code rule,
regulation, order, or ordinance.
Local means within the geographical boundaries of the City.
Local exchange telephone service means telecommunications service provided
within an exchange to establish connections between customer premises within the
exchange, including connections between a customer premises and a long distance
provider serving the exchange. The term includes tone dialing service, service
connection charges, and directory assistance services offered in connection with basic
local telecommunications service and interconnection with other service providers. The
term does not include the following services, whether offered on an intra-exchange or
inter -exchange basis:
(1) Central office based PBX -type services for system of seventy-five (75)
stations or more;
(2) Billing and collection services;
(3) High-speed private line services of 1.544 megabits or greater;
(4) Customized services;
(5) Private line or virtual private line services;
(6) Resold or shared local exchange telephone services if permitted by tariff;
(7) Dark fiber services;
(8) Non -voice data transmission service offered as a separate service and not as
a component of basic local telecommunications service;
(9) Dedicated or virtually dedicated access services; or
(10) Any other service the Public Utility Commission determines is not a local
exchange telephone service.
Location means the City approved and lawfully permitted location for the Network
Node.
Macro tower means a guyed or self -supported pole or monopole greater than the
height parameters prescribed by Chapter 284, Section 284.103 and that supports or is
capable of supporting antennas.
Major thoroughfare means any Thoroughfare Type D or higher as shown on the
City of Beaumont Thoroughfare Plan, as amended.
Micro network node means 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.
Municipal park means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
Municipality owned utility pole means 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.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term: (A)
includes (i) equipment associated with wireless communications; (ii) a radio transceiver,
an antenna, a battery -only backup power supply, and comparable equipment,
regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is
immediately adjacent to and directly associated with a particular collation; and (B) does
not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower.
Network provider means (A) a wireless service provider; or (B) a person that does
not provide wireless services and that is not an electric utility but builds or installs on
behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any
other structure that supports or is capable of supporting a network node.
Node support pole means a pole installed by a network provider for the primary
purpose of supporting a network node.
Order means the Federal Communications Commission Declaratory Ruling, Third
Report and Order, FCC WT Docket No. 17-79, adopted September 26, 2018.
Pavement cut means a cut made into the paved surface of a public street, alley,
curb, sidewalk, or public easement.
Permit means a written authorization for the use of the public right-of-way or
collocation on a service pole required from a municipality before a network provider may
perform an action or initiate, continue, or complete a project over which the municipality
has police power authority.
Person means a natural person (an individual), corporation, company, association,
partnership, firm, limited liability company, joint venture, joint stock company or
association, and other such entity who owns or controls facilities.
Pole means a service pole, city -owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
Provider has the same meaning as "Network Provider."
Public infrastructure -contractor means a person hired or retained to do construction
of facilities that will be maintained by the city. "Public infrastructure contractor" includes
all subcontractors.
Public right-of-way management ordinance means an ordinance that complies with
Chapter 284.
Public right(s)-of-way means the area on, below, or above a roadway, highway,
street, sidewalk, alley, waterway, or other way and that is open for public use, and that is
owned by the city in full or in part, and that is managed and controlled by the city. The
term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications
Residential service connections means a connection to private property from the
right-of-way for individual residential service.
SCADA or Supervisory Control and Data Acquisition systems means a category of
software application programs and hardware used by the City for the process control
and gathering of data in real time from remote locations in order to monitor equipment
and conditions of the City public water and wastewater utility facilities. These systems
may utilize both cable and wireless communications.
Service pole means a pole, other than a city -owned utility pole, that is owned or
operated by the city and located in a public right-of-way, including: (A) a pole that
supports traffic control functions; (B) a structure for signage; (C) a pole that supports
lighting, other than a decorative pole; and (D) a pole or similar structure owned or
operated by the city and supporting only network nodes.
Small cell or small wireless facility means a facility meeting all of the following
criteria: (i) facilities mounted on structures 50 feet or less in height including their
antennas; or on structures no more than 10 percent taller than other adjacent
structures, or that do not extend existing structures where they are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater; (ii) each antenna is
no more than 3 cubic feet in volume; (iii) all other wireless equipment associated with
the structure, including wireless equipment associated with the antenna and any pre-
existing associate equipment on the structure is no more than 28 cubic feet in volume;
and (iv) facilities do not result in human exposure to radio frequency radiation in excess
of applicable safety standards specified, in 47 CFR Rule 1.1307(b). Unless specifically
provided for herein, provisions addressed to network nodes herein shall also apply to
small cells and small wireless facilities.
Stealth shall mean a method that hides or conceals an antenna, supporting
electrical or mechanical equipment or any other support structure, including network
nodes.
Street means only the paved portion of the right-of-way used for vehicular travel,
being the area between the inside of the curb to the inside of the opposite curb, or the
area between the two parallel edges of the paved roadway for vehicular travel where
there is no curb. A "Street" is generally part of, but smaller in width than the width of the
entire right-of-way, while a right-of-way may include sidewalks and utility easements, a
"Street" does not. A "Street" does not include the curb or the sidewalk, if either are
present at the time of a permit application or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS MEANS Texas Accessibility Standards.
Thoroughfare means any public traffic artery, major street, secondary street or
alley.
Traffic Signal means any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
Transport facility means each transmission path physically within a 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.
Underground Requirement Area shall mean an area where poles, overhead wires,
and associated overhead or above ground structures have been removed and buried or
have been approved for burial underground pursuant to municipal ordinances, zoning
regulations, state law, private deed restrictions, and otherpublic or private restrictions,
that prohibit installing aboveground structures in a public right-of-way.
User means a person or organization which conducts a business over facilities
occupying the whole or a part of a public street or right-of-way, depending on the
context.
. Utility means any privately or publicly owned entity that uses right-of-way to furnish
the public any general public service, including, without limitation, sanitary sewer, gas,
electricity, water, telephone, petroleum products, telegraph, heat, steam or chilled
water, together with the equipment, structures, and appurtenances belonging to such
entity and located within and near the right-of-way.
Utility pole means a pole installed primarily for the purpose of providing electric
distribution or telecommunications as defined by Section 51.002, Utilities Code and that
provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002, Utilities
Code. A utility pole does not include a pole installed primarily for the,purpose of providing
other services or for third parties.
Utility service pole means a pole installed by a utility for the purpose of connecting
a utility pole to a customer's building or other premises to provide electric distribution or
telecommunications as defined by Section 51.002 Utilities Code.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node
Support Poles" as defined in Texas Local Government Code Chapter 284.
Wireless service means any service, using licensed or unlicensed wireless
spectrum, including the use of Wi-Fi, whether at fixed location or mobile, provided to the
public using a network node.
Wireless service provider means a person that provides wireless service to the
public.
Sec 14.03.195. - Police powers.
An agency's, network provider's, or public infrastructure contractor's rights hereunder
are subject to the police power of the City of Beaumont which includes the power to
adopt and enforce ordinances, including amendments to this division, necessary for the
safety, health, and welfare of the public. Agencies, network providers, and public
infrastructure contractors shall comply with all applicable laws and ordinances enacted,
or hereafter enacted, by the City of Beaumont or any other legally constituted
governmental unit having lawful jurisdiction over the subject matter hereof. The City of
Beaumont reserves the right to exercise its police powers, notwithstanding anything in
this division or a permit to the contrary. Any conflict between the provisions of this
division or a permit and any other present or future lawful exercise of the city's police
powers shall be resolved in favor of the latter.
Sec. 14.03.196. - City engineer's authority; enforcement; violations.
(a) City engineer's authority.
(1) The city engineer is authorized to administer, interpret, and enforce the
provisions of this division and to promulgate regulations, including but not
limited to, engineering, technical, and other special criteria and standards,
including design standards, to aid in the administration and enforcement of
this division that are not in conflict with this division, the Code of Ordinances
of the City, or state or federal law.
(2) Enforcement. The city engineer is authorized to enter upon a construction site
for which a permit is granted under this division or, where necessary, upon
private property adjacent to the construction site for purposes of inspection to
determine compliance with the permit or this division without notice. If the
inspection requires physical contact with the equipment, the city engineer
must provide written notice to the agency, network provider, or infrastructure
contractor within five (5) business days of the planned inspection. Agency,
network provider or infrastructure contractor may have a representative
present during such inspection.
(b) Violations. A person, agency, or public infrastructure contractor commits an offense
if he:
(1) Performs, authorizes, directs, or supervises construction without a valid
permit issued under this division;
(2) Violates any provision of this division;
(3) Fails to comply with restrictions or requirements of a permit issued pursuant
to this division; or
(4) Fails to comply with an order or regulation of the city engineer issued
pursuant to this division.
(c) This division may be enforced by civil court action in accordance with state or
federal law, in addition to any other remedies, civil or criminal, the city has for
Violation of this division.
(d) Prior to initiation of civil enforcement litigation, a person, agency, network provider,
or public infrastructure contractor who has violated a provision of this division must
be given the opportunity to correct the violation within the timeframe specified by
the city engineer. This section does not prohibit the city engineer or the city from
taking enforcement action as to past or present violations of this division,
notwithstanding their correction.
Sec. 14.03.197. - Penalties.
(a) Any violation of the following provisions or terms of this division by any person, firm,
corporation, agency, network provider, or public infrastructure contractor: section
14.03.208(f), excavation safety, section 14.03.209, no directional boring zones, and
section 14.03.211(c), deposit of dirt and material on roadways, of this division shall
be a, -misdemeanor offense and shall be subject to a fine in accordance with Section
1.01.009(b) of the City Code of Ordinances for each offense. Every day a violation
continues shall constitute a separate offense.
(b) Any violation of the other provisions or terms of this division by any person, firm,
corporation, agency, network provider, or public infrastructure contractor shall be a
misdemeanor offense and shall be subject to a fine in accordance with Section
1.01.009(a) of the City Code of Ordinances for each offense. Every day a violation
continues shall constitute a separate. offense.
Sec. 14.03.198. — Right -of -Way Permit required.
(a) Permit Required. Any agency, network provider, or public infrastructure contractor
seeking to place facilities on, in or over a public right-of-way or to engage in
construction, excavation, encroachments, and work activities within or upon any
public right-of-way shall first file an application for a right-of-way permit with the city
and shall abide by the terms and provisions of the right-of-way permit and this
division pertaining to the use of the public rights -of -way.
(b) Exceptions.
(1) City construction, reconstruction, and maintenance activities are excepted from
the permitting requirements outlined herein.
(2) No application, permit or fee is required of network providers for:
a. routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a public right-of-way;
b. replacing or upgrading facilities that are substantially similar in size or
smaller; and that do not require excavation or closing of sidewalks or
vehicular lanes in a public right-of-way; or
C. the installation, placement, maintenance, operation, or replacement of
micro network nodes or similar structures that are strung on cables
between existing poles or node support poles, in compliance with the
National Electric Safety Code. If, however, traffic will be affected by the
installation, placement., maintenance or replacement of a micro network
node or similar structure, a traffic control plan is required per Section
14.03.212.
(3) Substantially similar shall mean:
a. the new or upgraded facility, including the antenna or other equipment
element, will not be more than ten (10) percent larger than the existing
facility or 10 feet, whichever is greater; or the extension of facilities less
than six feet from a tower; or the new or upgraded pole. will not be more
than ten (10) percent higher than the existing pole, provided that the
increase may not result in the pole exceeding the applicable height
limitations prescribed by Local Government Code Chapter 284, as may
be further amended; or increasing the size of ground equipment cabinets
by ten percent in height or volume; and
b. the replacement or upgrade does not include replacement of an existing
pole; and
c. the replacement or upgrade does not defeat existing concealment
elements of a pole; and
d. the determination of whether a replacement or upgrade is substantially
similar is made by measuring from the dimensions of the facilities as
approved by the city.
(4) Although no application, permit or fee is required, the city requires advance
notice of the work described above and approval of the pole's owner for that
specific address.
Work under this section must still meet all other requirements in this division.
(c) Permits Generally.
(1) Permits will be issued in the name of the agency or network provider that will
own the facilities. Permits for public infrastructure will be issued in the name
of the public infrastructure contractor.
(2) Any agency with a current, unexpired consent, franchise, agreement or other
authorization from the city (grant) to use the public rights -of -way that is in
effect at the time this division takes effect shall continue to operate under and
comply with that grant, unless prohibited by law, until the grant expires or until
it is terminated by mutual agreement of the city and the agency or as
otherwise provided for by law.
(3) Construction, excavation, or work area. No agency, network provider, or public
infrastructure contractor shall perform construction, excavation, or work in an
area larger or at a location different, or for a longer period of time than that
specified in the permit or permit application. If, after construction, excavation, or
work is commenced under an approved permit, it becomes necessary to
perform construction, excavation, or work in a larger or different area than
originally requested under the application or for a longer period of time, the
agency or public infrastructure contractor shall notify the city engineer
immediately and, within twenty-four (24) hou'rs, shall file a supplementary
application for the additional construction, excavation, or work.
(4) Permit transferability or assignability. The agency, network provider, or public
infrastructure contractor may subcontract the work to be performed under a
permit if the agency, network provider, or public infrastructure contractor is
responsible for the performance of the work under the permit and all insurance
and financial security as required. Permits are transferable and assignable
upon written notice to the city engineer that the transferee or assignee has
posted all required security pursuant to this division. Any transferee or
assignee shall be bound by all requirements of the permit and this
division.The physical construction of public infrastructure, excluding agency
infrastructure and facilities installed by network providers, . in new
developments is the responsibility of the developer of the land. Ownership of
that infrastructure remains with the developer of the land until accepted by the
city. Any agency or public infrastructure contractor performing work on
infrastructure that is within a public right-of-way, but prior to infrastructure
acceptance by the city, shall obtain a permit from the city and permission from
the owner of all of the infrastructure in the public right-of-way. The agency or
public infrastructure'contractor shall be financially responsible to the owner of
the infrastructure to carry out all remedial work necessary to receive
acceptance by the city of that infrastructure. This financial obligation shall
apply only to the work in the public right-of-way done by the agency or public
infrastructure 'contractor. The city will not accept for dedication public
infrastructure if the work performed on that infrastructure is not in accordance
with applicable city specifications.
(5) Any agency, network provider, or public infrastructure contractor found to be
conducting any excavation activity within the public right-of-way without
having first obtained the required permit(s) shall immediately cease all activity
(exclusive of actions required to stabilize the area) and be required to obtain a
permit before work may be restarted.
(6) The city may institute all appropriate legal action to prohibit any agency,
network provider, or public infrastructure contractor from knowingly using the
public rights -of -way unless the agency or public infrastructure contractor has
complied with the terms of this division.
Sec. 14.03.199 — Right -of -Way Permit application; permit contents.
(a) General to all Right -of -Way Permits
(1) Application submissions. Each application for a permit shall be submitted using
the required form, which may be obtained from the engineering department.
The applicant must determine what type of permit is sought and complete the
correct application. The city is not responsible for determining that the correct
application was completed by the applicant and approval of a permit contrary
to the provisions of this division does not create a vested right.
a. Required disclosures on application. The applicant shall disclose if the
applicant proposes that the facilities will be located in: a historic district;
within one hundred fifty (150) feet; near a historic site, or a structure or
landmark recognized as historic by the city, state or federal government;
within a park; within a residential district; or in an area that has
undergrounding requirements.
b. Drawings. The applicant shall provide detailed drawings in electronic
form, with calculations and dimensions to show strict conformity to the
size, distance and spacing limitations in this division.
C. Format. The applicant requesting a permit shall provide the city with
documentation in the format specified by the city.
d. Interference. The applicant shall provide analysis indicating that the
proposed facilities will not cause any interference with city public safety
radio system, traffic signal light system, or other city safety
communications components.
e. Address and Location. The applicant must provide the specific address
for all facilities that will be located on a pole. Addresses are determined
by the City of Beaumont GIS Department. The applicant shall provide a
dated aerial photograph of the overall site depicting the site's relation to
major.streets and highways and poles. For any application requesting a
new pole, photos are required showing the before and after conditions.
f. Other Required Permits. The applicant must ascertain, in consultation
with the city, whether any other authorizations from the city will be
required in order for the proposed installation to be made and
completed. For all applications for the installation or construction of
wireless facilities, including network nodes and node support poles, if
any such additional authorizations are required, the applicant is
responsible for providing all the information necessary for the city to
review and act on the additional authorizations. Such additional
authorizations that must be included with the application shall include,
but not be limited to, executed agreement(s) with the city -for attachment
to service poles, as provided in Section 14.03.1.99(b)(4)(e).
g. Completeness. The application is not complete unless it contains all
information required by this division, requested on the application form,
and required by any supplemental list of required documentation
provided by the city with the application form.
(2) No person, agency, network provider, or public infrastructure contractor shall install
facilities or otherwise encroach upon the right-of-way or make a pavement cut or
excavate in a public right-of-way without first obtaining a permit from the
engineering department, except in an emergency or without having first made
contact with the City in times of emergency.
(3) If the project lies within a TxDOT, Entergy, JCDD6, LNVA or any other agency's
right-of-way, the applicant must provide evidence of a permit from the State,
Federal Government or other appropriate agency at the time of application.
(4) Franchised agencies and agencies that are certificated telecommunications
providers have prior authorization to do work in public rights -of -way. However, an
agency's use of the public rights -of -way is subject to and must occur in accordance
with State of Texas laws, federal laws, and city ordinances, policies, standards and
procedures. Said use is non-exclusive and does not establish priority for use over
other franchise holders, permit holders, or the city. A permit issued by the City of
Beaumont is required for all work done in the public rights -of -way, except as
indicated in Section 14.03.198(b).
(5) New residential service connections do not require a permit under this division.
However, a building permit may be required from the building inspections
department. An agency or public infrastructure contractor must inquire with the
building inspections department as to whether a permit is required for such service
connections. Maintenance or replacement of existing service connections that
requires excavation will require a permit under this division.
(6) The city shall state on the permit the activity for which the permit is issued and any
additional restrictions or requirements that have been placed upon the permit
besides those incorporated into the permit by this division, the Zoning Ordinance,
or other law or regulation, as applicable.
(7) All construction and installation in the public rights -of -way shall be in accordance
with the permit issued for the facilities. The city engineer shall be provided access
to the work and to such further information as he or she may reasonably require to
ensure compliance with the permit.
(8) A copy of the right-of-way construction permit and approved engineering plans
shall be maintained' at the construction site and made available for inspection by
the city engineer at all times when construction or installation work is occurring.
(9) The agency, network provider, or public infrastructure contractor shall update any
new information on permit applications within ten (10) business days after any
change occurs.
(10) Agencies, network providers, or public infrastructure contractors may apply jointly
for permits to work in public rights -of -way at the same time and place.
(11) All permit holders must contact the Public Works Department by telephone at least
forty-eight (48) hours before work begins under the permit.
(12) If no work has begun on a network node permit within six months of final approval
of the permit, or within, thirty (30) calendar days of final approval for a standard
right-of-way permit, the permit shall be void, and a new permit shall be required.
(13) A sixty (60) day extension to a permit may be granted if requested by the agency,
network provider, or public infrastructure contractor in writing to the engineering
department. Such a request must be made before the permit expires. If no call for
the cancellation of a permit, or for an inspection after completion of the work, is
received within the sixty (60) day extension period, the permit shall be void, and a
new permit shall be required.
(b) Types of permits:
(1) Standard Right -of -Way Permits.
a. A standard right-of-way permit is required whenever a cut or excavation
is made in a public right-of-way by an agency or public infrastructure
contractor.
b. Application for a standard right-of-way permit shall be made no less than
two (2) City of Beaumont business days prior to the date of the
proposed activity. If the proposed cut or excavation is to be made in the
public rights -of -way dedicated to the State of Texas, a city permit is
required" in addition to any and all permits required by the state or other
agencies. A city permit is required although specific authority has been
granted by the engineering department to cut a paved street, curb or
alley as a part of a new construction project.
C. There is no fee for a standard right-of-way permit. There is, however, an
annual fee for use of the Right of Way and a contract with the City is
required. Where such fees are not otherwise determined by franchise or
prohibited by state or federal law:
1. Fee per linear foot: $1.75
2. Fee per street crossing $1,000.00
d. Late fees may be assessed as allowed by law.
e. The contract shall determine any inflator for the annual fee, and if the
contract expires, the rate in effect on the date of expiry shall be the initial
rate for any additional contract terms.
(2) Permits issued under emergency conditions. Any agency, network provider,
or public infrastructure contractor maintaining facilities in the public rights -of -
way may proceed with repairs upon existing facilities without a permit when
emergency circumstances demand that the work be done immediately. The
agency, network provider, or public infrastructure contractor doing the work
shall notify the engineering department no later than the next business day by
telephone or e-mail when an emergency permit is required. A permit
application for the proper permit under this section must be submitted and the
fee, if any, paid no later than the next business day after the work is
commenced.
(3) Standard Right -of -Way Maintenance permits.
a. A maintenance permit is required whenever work is being done by an
agency or infrastructure contractor in or on a major thoroughfare and no
cut or excavation is required.
b. Application for a maintenance permit must be submitted no later than the
business day prior to the date of the proposed maintenance work.
Applications may be submitted in person or e-mail to the engineering
department.
c. The requirements outlined for permits issued under emergency conditions
in subsection (2) of this section apply to maintenance permits, as do the
remaining requirements of this division.
(4) Small Cell Right -of -Way Permits.
a. A small cell right-of-way permit is required for network providers. The
permit may be for transport facilities, network nodes, or network node
support poles.
b. Fees per application for network nodes, transportation facilities, and poles
are the maximum allowed by Texas Local Government Code Chapter 284
or the Order, whichever is lower, as further amended.
C. A small cell maintenance permit is required for any activity in the right-of-
way unless an exception in Section 14.03.198(b)(2) applies. A small cell
maintenance permit is subject to the same fees, requirements and
timeframes as a small cell right-of-way permit.
d. Transport Services. Network providers may obtain transport service from
a person or entity that is paying city fees to occupy the public right-of-
way that are equivalent to transport fees stated in Sec. 14.03.205(b). If
third -party transport services are used, the network provider must
identify the third -party provider, and provide documentation, at the time
of filing the application, that the third -party transport service provider is
paying city fees and that the network provider has received written
permission to use such transport services for the specific address.
e. Collocation on a Service Pole. An applicant proposing collocation on a
city -owned service pole must submit a copy of the signed agreement
with the city allowing the collocation on the city -owned service pole
located at a specific location at�the time of filing the permit application.
f. Installation of Network Node. For purposes of determining_ annual and
monthly fees for wireless facilities under section 14.03.205(a), the city will
assume installation of the facilities six months from the date the permit is
approved.
g. Application Completeness, timeframe. Not later than the 30th day after
the date of receipt of an application for a permit for a network node or
node support pole or not later than the tenth day after receipt of an
application for a transport facility, the city shall determine whether the
application is materially complete and notify the applicant of that
determination. If the city determines that the application is incomplete,
the city shall specifically identify the missing information in the
notification to the applicant, with reference to the specific rule or
regulation requiring the information.
h. Approval or Denial of Application, timeframe. Unless the time periods
herein are tolled or extended by written agreement between the city and
the applicant, the city will approve or deny applications according to the
following:
(A) for applications for one or more new node support poles, no
later than the 150 h day after the date of receipt of a materially complete
application;
(B) for applications for one or more network nodes on existing
poles or structures, no later than the 60th day after the date of receipt of a
materially complete application;
(C) for applications to install network nodes on a mixture of
existing and new poles, no later than the 90th day after the date of receipt
of a materially complete application;
(D) for a transport facility, no later than the 21 st day after the
date of receipt of a materially complete application.
Tolling of timeframe. If the city has notified the applicant that the
application is materially incomplete, the time frame for the city's review is
tolled until the applicant provides the required information or documents,
as provided in the Order.
j. Documentation for Denial. If the city denies a complete application, it
must document the basis for the denial, including the specific applicable
code provision or other municipal rule, regulation, or other law on which
the denial is based. The city shall send the documentation of the reason
for denial by electronic mail to the applicant on or before the date the city
denies the application.
k. Cure after Denial. Not later than the 30th day after the date the city
denies the application, the applicant may cure the deficiencies identified
in the denial documentation and resubmit the application without paying
an additional application fee, other than a fee for actual costs incurred by
the city. Notwithstanding Subsection (h), the city shall approve or deny
the revised completed application after a denial not later than the 90
day after the date the city receives the completed revised application.
The city's review of the revised application is limited to the deficiencies
cited in the denial application.
Fees are $500 per application covering up to five network notes, $250 for
each additional network node per application, $1,000 per application per
new pole.
(c) Denial, suspension, or revocation of a permit.
(1) Denial of a permit. A permit may be denied for any one of the following
reasons:
The proposed activity will substantially interfere with vehicular or pedestrian traffic
and no procedures, or procedures which are inconsistent with this division, have
been implemented to minimize the interference.
a. The proposed construction will substantially interfere with another activity for
which a permit has been issued, or will conflict or interfere with existing
facilities already in the public right-of-way.
b. The proposed barricading, channelizing, signing, warning or other traffic
control procedures or equipment do not,comply with the requirements of the
Texas Manual on Uniform Traffic Control Devices.
C. The activity or the manner in which it is to be performed will violate a city
ordinance or regulation or a state or federal statute or regulation.
d. The agency, network provider, or public infrastructure contractor requests to
cut a city -maintained street that can be crossed by jacking, boring or
tunneling.
e. There is a lack of available space.
f. The agency, network provider, or public infrastructure contractor:
1. Does not have liability insurance as required by section 14.03.202;
2. Has consistently failed to perform in accordance with the requirements of
this division;
3. Has failed to furnish all of the information required by this division or,
except for good cause shown, to file the applications within the time
prescribed by this division;
4. Has misrepresented or falsified any information in the applications;
5. Has failed to comply with the performance warranty/guarantee as
provided in this division;
6. Is not in compliance with applicable requirements of an existing permit
issued under this division;
7. Does not have a contractor's license or other required license; or
8. Has not compensated the city, unless the agency, network provider or
public infrastructure contractor is not legally obligated to compensate the
city by contract, by agreement, or by law for using public property.
(2) Suspension or revocation of a permit. The city engineer may suspend by stop work
order or revoke any or all permits granted to allow work in the public rights -of -way
on the same grounds on which a permit may be denied under subsection (c)(1) or
for the following reasons and subject to the procedural guidelines noted in this
division and any agreement that applies to the agency, network provider, or public
infrastructure contractor using the public rights -of -way, as well as any limitations
imposed by federal or state law:
a. Failing to comply with an order of the city engineer;
b. The recognition that a permit was issued in error;
C. Failing to comply with restrictions or requirements placed on the permit by the
city engineer;
d. The city manager reasonably determines that the disconnection, removal, or
relocation of equipment (a) is necessary to protect the public health, safety,
welfare, or city property, (b) equipment, or portion thereof, is adversely affecting
proper operation of streetlights or city property, or (c) there is imminent danger
to the public; or
e. Violating any provision of this division.
(3) The city engineer shall provide written notice of a denial, suspension or
revocation to the agency, network provider, or public infrastructure contractor.
Construction that is suspended may not resume until the city engineer
determines that the agency, network provider, or public infrastructure contractor
has corrected the violation, noncompliance, or hazard that caused the
suspension.
(4) A permit that was revoked due to failure to comply with an order of the city
engineer, failure to comply with the restrictions or requirements placed upon the
permit by the city engineer, a violation of this division, or for public health, safety
or welfare reasons may be reinstated by the city engineer if the city engineer
determines that:
a. The agency, network provider, or public infrastructure contractor has corrected
the violation, noncompliance, or hazard that caused the revocation or denial;
and
b. The health, safety and welfare of the public is not jeopardized by reinstating
or issuing the permit.
(5) An agency or public infrastructure contractor may appeal a permit denial,
suspension, or revocation in accordance with the provisions of section
14.03.201 of this division.
Sec. 14.03.200. - Facility size and locations. These provisions apply to all facilities,
including those of franchise utilities, unless specifically contradicted in the franchise
agreement.
(a) Location in Right of Way, generally. Facilities and related ground equipment shall
be placed within two (2) feet from the outer edge of the Right -of -Way line and
three (3) feet from back of curb to minimize any obstruction, impediment, or
hindrance to the usual travel or public safety on a public right-of-way, unless on an
existing pole.
(b) Location in Right of Way, new development. All facilities in new developments
shall be located in accordance with Exhibits 1, 2, and 3, unless an alternative
location has been approved by the city engineer. Such utility locations are hereby
adopted as standard locations for facilities in new developments. The intent of
these items is that they serve as a standard, not only to agencies, network
providers, and public infrastructure contractors working under city permit, but also
to all city agencies whose routine business requires the installation, repair or
relocation of utilities.
(c) Location in Right of Way, existing development. New facilities to be installed in
previously developed streets should be located as in Exhibits 1, 2, 3 and 4. If that
location is already being used by another facility, the new facility shall be located
such that it does not interfere with other facilities, both existing and future. No new
,facilities shall be located longitudinally in a median or under existing or proposed
pavement, unless permitted by the city engineer.
(d) New Poles.
(1) Antenna poles are to be installed pursuant to the design detail as shown on
attached Exhibit "A" and made a part hereof. The single globe lighting is
optional.
(2) ,Materials. Poles located in medians must be constructed of steel or concrete,
or other material approved by the city engineer. Wood poles are prohibited.
(3) Pole Height. New poles or modified utility poles may not exceed the lesser of:
a. Ten (10) feet in height above the tallest existing utility pole located within
five -hundred (500) linear feet of the new pole in the same public right-of-
way; or
b. Fifty-five (55) feet above grade level.
(4) Pole Spacing. In order to avoid congestion of right-of-way caused by multiple
pole installations, minimize the hazard of poles adjacent to roadways, minimize
the effect on property values, and to maintain the aesthetics of the area by
avoiding the negative impact on the public of unsightly proliferation of poles. in
the right-of-way, poles shall be spaced as provided herein. New poles,
including new utility service poles, shall be spaced apart from existing utility
poles or node support poles at the same distance as the spacing between
utility poles in the immediate proximity, but no less than at a minimum one
hundred and fifty (150) feet from a utility pole or another node support pole.
New poles must be ten (10) feet from a driveway, twelve (12) feet from the
dripline of existing trees, fifteen (15) feet from a pedestrian ramp, twenty (20)
feet from a traffic signal pole, and eighteen (18) inches from the paved area of
a sidewalk. In non-residential zoning districts, facilities shall be located between
tenant spaces, storefront bays or adjoining properties where their shared
property lines intersect the right-of-way. In residential zoning districts, facilities
shall be located where, the shared property line between two residential parcels
intersects the right-of-way. Access by vehicles or pedestrians may not- be
blocked by poles.
(e) Attachments to City -Owned Service Poles.
(1) In accordance with Agreement. Installations on all service poles are restricted
to network providers and shall be in accordance with an agreement. The City
Manager, or his designee, may enter into these agreements on behalf of the
city.
(2) No electrical meters are allowed on service poles or screening walls.
(3) Required industry standard pole load analysis. For proposed installations on
service poles network provider shall complete and submit to the city an
industry standard pole load analysis indicating that the service pole to which
the network node is to be attached will safely support the load.
(4) Height of attachments. All attachments on all service poles shall be at least
eight (8) feet above grade. If a network node attachment projects 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 grade.
(5) Installations on Traffic Signals. 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. Location on signal arms is prohibited. Installation of
network node facilities on any traffic signal structures shall:
a. Be encased in a conduit separate from the traffic light electronics;
b. Have an electric power connection separate from the traffic signal
structure; and
C. Have an access point separate from the traffic signal structure.
(6) , 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. Installation of Network Node facilities on any street
signage structure that has electronic equipment shall:
a. Be encased in a conduit separate from any city signage electronics;
b. Have an electric power connection separate from the signage structure;
C. Have an access point separate from the signage structure
(1) Height of Equipment mounted on Poles. Pole mounted facilities shall be installed
at least eight (8) feet above grade, and if a facility 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 grade.
(g) Protrusion of Equipment. Pole -mounted or structure -mounted facilities shall not
protrude from the outer circumference of the existing structure or pole by more
than two (2) feet.
(h) Size of pole mounted equipment. Pole mounted enclosures may not be taller than
five (5) feet. The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meters, concealment elements,
telecommunications demarcation boxes, grounding equipment, power transfer
switches, cut-off switches and vertical cable runs for the connection of power and
other services.
(i) Antenna size. Each antenna that does not have exposed elements and is attached to
an existing structure or pole: must be located inside an enclosure of not more than
six cubic feet in volume; may not exceed a height of three (3) feet above the existing
structure or poles or extend the height of the structure on which it is mounted by
more than 10% above the preexisting height; and may not protrude from the outer
circumference of the existing structure or pole by more than two (2) feet.. If an
antenna has exposed elements and is attached to an existing structure or pole, the
antenna and all of the antenna's exposed elements: must fit within an imaginary
enclosure of not more than six cubic feet; may not exceed a height of three (3) feet
above the existing structure or pole or extend the height of the structure on which it is
mounted by more than 10% above the preexisting height; and may not protrude from
the outer circumference of the existing structure or pole by more than two (2) feet.
Antennas with exposed elements must be mounted flush with the pole near the
top. The cumulative size of other equipment associated with the equipment
attached to an existing structure or pole may not: be more than 28 cubic feet in
volume.
(j) Limitation on Equipment on Poles. There shall be no more than one network node
on any one pole.
(k) Private pole owner permission. Network providers must have written approval of
the utility pole owner for each specific pole address and location on such pole.
Written permission must be submitted with the application for a right-of-way
permit.
(I) Electric Code. All poles must meet National Electric Code clearance standards.
Equipment attached to a utility pole must be installed in accordance with the. National
Electrical Safety Code, subject to applicable codes, and the utility pole owner's
construction standards.
(m) Existing telephone or electrical lines between existing utility poles. Micro network
nodes lashed on existing telephone or electrical lines between existing utility poles
and not placed on utility poles, node support poles or service poles, are exempted
from the requirements for submitting a right-of-way application, obtaining a right-
of-way permit, and payment of a right-of-way access fee.
(n) Prohibition on Overhead Facilities and Overhead Transport Facilities. In order to
protect, maintain, and promote the appearance and natural surroundings in public
parks'and certain residential areas by avoiding the negative impact on the public of
unsightly proliferation of poles in the right-of-way, facilities may not be installed
overhead in a public right-of-way if the public right-of-way is in a park or is adjacent
to a street or thoroughfare that is both Class E+ or smaller and is in an area zoned
residential or restricted to residential use by deed restrictions. All transport facilities
must be underground in the above -mentioned areas. Underground facilities are
required for standard permit holders along Type D or smaller thoroughfares.
(o) Underground construction and use of poles. As required by the subdivision
ordinance of the city, and the comprehensive zoning ordinance as it relates to
overlay districts, and. when required by general ordinances, deed restrictions,
regulations or rules of the city or applicable state or federal law, and in order to
protect, maintain, and promote the appearance of areas within the city that have
been designated as underground areas, to promote and protect the public health by
avoiding the intangible public harm or unsightly or out -of -character deployments, the
agency's, network provider's, or public infrastructure contractor's new facilities shall
be placed underground at agency's, network provider's, or public infrastructure
contractor's expense. Underground facilities must be buried at least two (2) feet
below surface level. Placing facilities underground does not preclude the use of
otherwise acceptable ground -mounted equipment appurtenant to underground
facilities, unless such ground -mounted equipment is otherwise prohibited. Related
equipment, such as pedestals, must be placed in accordance with the city's
applicable code requirements and rules, including all visibility easement
requirements. In areas where existing, facilities are aerial, the agency, network
provider, or public infrastructure contractor may install aerial facilities. If a location is
designated by the city to be an underground requirement area, then an agency's
or network provider's permit for the location of the facilities, at such location will be
revoked ninety (90) calendar days after the designation, with removal of said
facilities at such location within ninety (90) calendar days of such designation, or
as otherwise reasonably allowed by the city for the transition of other overhead
facilities. Placement of street -related poles and facilities above grade in the right-
of-way, including but not limited to stop signs and street lights, does not preclude
an area from designation as an area requiring undergrounding and placement of
facilities on street -related poles in an area requiring undergrounding is prohibited:
(p) Ground Equipment, parks and public art. For the safety of park patrons, particularly
small children, to preserve the investment made by the community in parks and
public art, to protect, maintain, and promote the appearance and natural
surroundings in public parks by avoiding the negative impact on the public of out -
of -character deployments„ and to allow full lines -of -sight near park property and
public art, no ground equipment may be installed in a right-of-way that is within a
park, within one -hundred and fifty (150) feet of the boundary line of a park, or within
one -hundred and fifty (150) feet of public art.
(q) Ground Equipment, generally. Ground equipment shall be minimal and the least
intrusive. In order to minimize negative visual impact to the surrounding area, and
to enhance the safety requirements of line of sight of pedestrians, particularly small
children, the city engineer may deny a request for a permit for a proposed location
of ground equipment where existing ground equipment within one hundred fifty
(150) feet already occupies a footprint of 28 cubic ft. or more to minimize effect on
property values and aesthetics on the area. Ground equipment shall be of a neutral
color, and use exterior building materials that are compatible with surrounding
structures, as determined by the planning director.
(r) Concealment and enclosure, generally. To the extent technically feasible, facilities
shall be concealed or enclosed as much as reasonably 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. Guy wires, anchors,
pedestals, boxes, and other above grade facilities shall not fully or partially
encroach within a sidewalk area, including a clear vertical clearance of seven and
one-half (7.5) feet above the sidewalk.
(s) Preserve Sight Visibility and Access. No above -ground facilities shall be located
closer than three (3) feet from the back of street curbs or edge of alley or -within the
sight visibility area.
Accessibility to property may not be compromised by above -ground facilities except
during construction.
(u) Historic District criteria. Stealth or concealment of facilities and poles shall be
required by the city with decorative poles, in historic districts. Applications for
placement of facilities in a historic district must include proposed stealth or
concealment measures and include decorative poles, design provided herein.
Micro network nodes may not be lashed on lines in a historic district, a minor
residential street abutting a residential district, or an area adjacent to a park.
Historic Districts within the city are zoned as H-C, Historic -Cultural Landmark
Overlay and RCR-H, Residential Conservation and Revitalization, as such zoning
may be amended. Historic Landmarks are those properties individually zoned as
HC-L, Historic -Cultural -Landmark as such zoning may be amended.
(v) Utility easements. Above -ground facilities and poles are prohibited in a utility
easement if such utility easement is not adjacent to and parallel with a public way,
except with the written permission of the underlying fee owner. The city may rely
upon county appraisal records to determine the ownership of the fee interest in the
property. Poles must be spaced 150 feet or more from any existing pole.
Applications for permit under Section 14.03.199(b) must be accompanied by a site
plan. All other requirements of this Division apply. This section shall not prohibit the
replacement of existing poles or structures in such utility easement. No facilities or
poles are to be installed in an exclusive water or sewer easement.
(w) Colors. In order to avoid or remedy the intangible public harm of unsightly or out -of -
character deployments, all equipment mounted on a pole, including antennas, must
match the color of the pole. Colors for all facilities in historic districts must be in
accordance with approved historic district design guidelines.
(x) Temporary utilities. Temporary utilities may be located in non-standard locations.
(y) General construction and maintenance requirements. Facilities and poles shall be
constructed and maintained 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 applicable codes, statutes, historic preservation laws, or other law;
(4) interfere with the city's public safety infrastructure;
(5) 'violate or conflict with this division; or
(6) violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.) and the Texas Accessibly Standards.
(z) Compliance with AASHTO. All facilities in the right-of-way must meet the
requirements and guidelines outlined in the AASHTO Roadside Design Guide in
effect at the time of application.
Sec. 14.03.201. -Appeals.
(a) Applicability. Appeals may be filed pursuant to this section related to
interpretations of this division, decisions of the city engineer related to the final
denial, suspension, or revocation of a permit, or if the applicant believes that the
final denial of a permit materially inhibits the provision of service in violation of
Sections 253 or 332 of the Telecommunications Act of 1996. However, the appeal
process provided by this section shall not be available for criminal violations of this
division. An appeal filed pursuant to this section does not postpone the
effectiveness of the final decision of the city engineering regarding denial,
suspension or revocation of a permit. The city 'engineer's decision is the final
decision under Texas Local Government Code Section 284.154(d). The city
engineer may adopt rules regulating the process and requirements for appeals.
(b) Appeal to city manager. A permittee or applicant may appeal interpretations or
decisions referred to in subsection (a) above by filing a written appeal with the city
manager within seven (7) business days of receipt of denial, suspension, or
revocation of the permit. An appeal filed pursuant to this section shall specifically
state the basis for the aggrieved party's challenge to the city engineer's
interpretation or decision under this division. The city manager may adopt rules
regulating the process and requirements for appeals.
(c) Issuance of decision by city manager. Decisions of the city manager shall be
issued within ten (10) business days of receipt of the written appeal. Decisions of
the city manager shall be final. Failure to render a decision shall constitute a
denial.
Sec. 14.03.202. - Insurance requirements.
(a) Agencies and Network Providers. Each agency or network provider applying for a
permit shall obtain, maintain, and provide proof of the each of the following types
of insurance and coverage limits. These insurance policies shall be underwritten
by insurance companies with an A.M. Best Rating of A VI or better.
(1) Commercial general liability on an occurrence form with minimum limits of five
million dollars ($5,000,000.00) per occurrence and ten million dollars
($10,000,000.00) aggregate. This coverage shall include the following:
a. Products/completed operations to be maintained for one (1) year.
b. Personal and advertising injury.
C. Owners and contractors protective liability.
d. Explosion, collapse, or underground (XCU) hazards.
(2) Automobile liability coverage with a minimum policy limits of one million
dollars ($1,000,000.00) combined single limit. This coverage shall include all
owned, hired and non -owned automobiles.
(3) Workers compensation and employers liability coverage. Statutory coverage
limits for Coverage A and five hundred thousand dollars ($500,000.00)
Coverage B employers liability is required.
(b) Public Infrastructure Contractors. Each public infrastructure contractor applying for
a permit shall obtain, maintain, and provide proof of insurance for the same types
of insurance coverages outlined in subsection (a) above; however, the policy limits
under the general liability insurance shall be one million dollars ($1,000,000.00)
per occurrence and two million dollars ($2,000,000.00);-,aggregate. All other
coverage provisions outlined in subsection (a) above shall apply.
(c) The method for proof of insurance is a certified copy of the insurance policy. The
city reserves the right to review the insurance requirements and to reasonably
adjust insurance coverage and limits when the city manager determines that
changes in statutory law, court decisions, or the claims history of the industry, the
agency, network provider, or public infrastructure contractor require adjustment of
the coverage.
(d) The city will accept certificates of self-insurance issued by the State of Texas or
letters written by the agency in those instances where the state does not issue
such letters, which provide the same coverage as required herein. However,
certificates of self-insurance must be approved in advance by the risk manager for
the city.
(e) The agency, network provider or public infrastructure contractor shall furnish, at no
cost to the city, copies of certificates of insurance evidencing the coverage
required by this section to the city. If the city requests a deletion, revision or
modification, the agency, network provider, or public infrastructure contractor shall
exercise reasonable efforts to pay for and accomplish the change.
(� The agency, network provider, or public infrastructure contractor shall file and
maintain proof of insurance with the engineering department. An insurance
certificate obtained in compliance with this section is subject to city approval,
through the city's insurance advisor. The city may require the certificate to be
changed to reflect changing liability limits. An agency, network provider, or public
infrastructure contractor shall immediately advise the city attorney of actual or
potential litigation that may develop which may affect an existing carrier's
obligation to defend and indemnify the city.
(g) Such insurance shall be kept in full force and effect during the period of time for
which a permit shall be issued or the space occupied. Insurance coverage must be
available on a "per project" basis.
(h) An insurer has no right of recovery against the city. The required insurance
policies shall protect the agency or public infrastructure contractor and include the
city as an additional insured. The insurance shall be primary coverage for losses
covered by the policies. 1
(i) The policy clause "other insurance" shall not apply to the city.
Q) The agency, network provider, or public infrastructure contractor shall pay
premiums and assessments. A company that issues an insurance policy has no
recourse against the city for payment of a premium or assessment. Insurance
policies obtained by an agency, network provider, or public infrastructure
contractor must provide that the issuing company waives all right of recovery by
way of subrogation against the city in connection with damage covered by the
policy.
(k) Each policy must include a provision that requires the insurance company to notify
the city in writing at least thirty (30) calendar days before canceling or failing to
renew the policy or before reducing policy limits or coverages.
(1) Each agency must comply with the insurance requirements in this section, unless
the agency's current franchise or license agreement with the city specifically
addresses insurance requirements, in which case the franchise or license
agreement shall control.
Sec. 14.03.203. - Indemnification.
(a) To the extent authorized by law, each certificated telecommunications provider,
agency, network provider, or public infrastructure contractor placing facilities in the
public rights -of -way shall indemnify, and hold the city and its officers and employees
harmless from and against all claims, lawsuits, judgments, costs, liens, losses,
expenses, fees (including reasonable attorney's fees and costs of defense),
proceedings, actions, demands, causes of action, liability, and suits of any kind and
nature, including personal or bodily injury (including death), property damage, or
other harm for which recovery of damages is sought that is found by a court of
competent jurisdiction to be caused solely by the negligent' act, error, or omission of
the agency, network provider, or public infrastructure contractor any agent, officer,
director, representative, employee, affiliate, or subcontractor of the certificated
telecommunications provider, agency,, network provider or public infrastructure
contractor, while installing, repairing, or maintaining facilities in a public right-of-way.
(b) The indemnity provided by this subsection does not apply to any liability resulting
from the negligence of the city, its officers, employees, contractors, or
subcontractors. If a certificated telecommunications provider, agency, network
provider, or public infrastructure contractor and the city are found jointly liable by a
court of competent jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of state without, however, waiving any governmental
immunity available to the city under state law and without waiving any defenses of
the parties under state law.
(c) This section is solely for the benefit of the city and the certificated
telecommunication provider, agency, network provider or public infrastructure
contractor and does not create or grant any rights, contractual or otherwise, to any
other person or entity.
Sec. 14.03.204. - Performance warranty/guarantee.
(a) Any warranty made hereunder shall serve as security for the performance of work
necessary to repair the public rights -of -way if the agency, network provider, or public
infrastructure contractor fails to make the necessary repairs or to complete the work
under the permit.
(b) The agency, network provider, or public infrastructure contractor, by acceptance of
the permit, expressly warrants and guarantees complete performance of the work
affecting the city's right-of-way in a good and workmanlike manner acceptable to the
city and warrants and guarantees all such work done for a period of one (1).year
after the date of acceptance and agrees to maintain upon demand and to make all
necessary repairs during the one-year period. This warranty shall include all repairs
and actions needed as a result of:
(1) Defects in workmanship;
(2) Settling of fills or excavations;
(3) Any unauthorized deviations from the approved plans and specifications;
(4) Failure to barricade;
(5) 'Failure to clean up during and after performance of the work;
(6) Restoration of improvements including, but not limited. to, landscaping and
irrigation; or
(7) Any other violation of this division or the ordinances of the city.
(c) The one-year warranty period shall run from the date of the city's acceptance of the
work which shall be the date of the letter of acceptance issued by the city to the
agency, network provider, or public infrastructure contractor. If repairs are required
during the one-year warranty period, those repairs need only be warranted until
the end of the initial one-year period starting with the date of acceptance. It is not
necessary that a new one-year warranty be provided for subsequent repairs after
probationary acceptance.
(d) At any time prior to completion of the one-year warranty period, the city may notify
the agency, network provider, .or public infrastructure contractor of any needed
repairs. Such repairs shall be completed within twenty-four (24) hours if the
defects are determined by the city to be an imminent danger to the public health,
safety, and welfare. Non -emergency repairs shall be completed within fifteen (15)
calendar days after notice.
Sec. 14.03.205. Annual and Monthly Rates for Right of Way Rental.
(a) Fees for Network Nodes
Fees for Network nodes shall be based on reasonable fair market value of the use
allowed in accordance with the anti -gift provisions of the Texas Constitution. The
initial rental fee per node shall be $2000 annually and shall be adjusted each
January 1st to reflect changes in the annual revised Consumer Price Index for All
Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics,
unless otherwise provided by valid, constitutional, state law.
(b) Fees for Service Poles
Fees for Service poles shall be based on reasonable fair market value of the use
allowed in accordance with the anti -gift provisions of the Texas Constitution. The
initial rental fee per pole shall be $1,0000 annually and shall be adjusted each
January 1st to reflect changes in the annual revised Consumer Price Index for All
Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics,
unless otherwise provided by valid, constitutional, state law. A network provider
must pay the an amount equal to the lower of the greatest amount allowed by
Texas Local Government Code Chapter 284 and the greatest amount allowed by
federal law, as further amended, per year per service pole for collocation of a
network node on a city -owned service pole. The monthly fee shall begin six (6)
months from the date of permit approval. Fees will continue until the owner of the
network node notices the city of the abandonment of the facility pursuant to
Section 14.03.217.
(c) Fees for Transport Facilities
Fees for Transport facilities shall be based on reasonable fair market value of the
use allowed in accordance with the anti -gift provisions of the Texas Constitution.
The initial rental fee shall be a minimum of $28 per node monthly and shall be
adjusted each January 1st to reflect changes in the annual revised Consumer
Price Index for All Urban Consumers for Texas, a published by the federal Bureau
of Labor Statistics, unless otherwise provided by valid, constitutional, state law.
Late fees may be assessed as allowed by law.
Sec. 14.03.206. - Registration.
(a) In order to protect the public health, safety and welfare, all agencies, network
providers, and public infrastructure contractors placing facilities or engaging in
construction, excavation, encroachments, and work activities within or upon any
public right-of-way must register with the City of Beaumont. Registration must be
renewed annually on or before January 31. Annual renewal is required to allow the
city to contact the current owners of facilities when emergencies arise and to
coordinate infrastructure in the right-of-way. The registration form to be used may
be obtained from the engineering department.If a registration is not renewed, and
subject to sixty (60) calendar days notification to the agency, all facilities owned by
agency within the city will be deemed to have been abandoned and shall become
the property of the city. When any information provided for the registration
changes, the agency or public infrastructure contractor shall notify the City of
Beaumont of the change no more than thirty (30) calendar days after the date the
change is made. Registration shall include:
(1) The name, address, and telephone number(s) of the owner of the facilities to
be located in the public rights -of -way, including the business name, assumed
name, or trade name under which the agency operates or under which it has
operated within the past five (5) years. In the case of a public infrastructure
contractor, the name, address, and telephone number(s) of the public
infrastructure contractor and the name, address, and telephone number(s) of
the developer for whom the public infrastructure contractor is working.
(2) The name(s), address(es) and telephone number(s) of the person(s) who will
be contact person(s) for the owner.
(3) The name(s), address(es) and telephone number(s) of any contractor(s) or
subcontractor(s) who will be working in the public rights -of -way on behalf of the
owner.
(4) The name and telephone number(s) of an emergency contact for the owner
who shall be available twenty-four (24) hours a day.
(5) The name(s), address(es) and telephone number(s) of the person(s) who will
be attending the utility coordination meetings for the owner.
(6) The name(s), address(es) and telephone number(s) of the person(s) who will
be receiving plans of city construction projects on behalf of the owner.
(7) The name, address, and telephone number(s) of the person who will be
responsible for receiving notification of abandonment issues on behalf of the
owner.
(8) Proof of insurance as required by section 14.03.202.
(9) For agencies that are certificated telecommunications providers, a copy of the
notice of approval issued by the Public Utility Commission of. Texas that
grants the certificated telecommunications provider a service provider
certificate of operating authority (SPCOA) or certificate of convenience and
necessity (CCN).
(10) The ordinance number of any franchise or license, if any, issued by the City of
Beaumont that authorizes the owner to use the public rights -of -way.
(b) Registration shall be a prerequisite to issuance of a permit. Each agency, network
provider, and public infrastructure contractor shall update and keep current its
registration with the city at all times.
Sec. 14.03.207. - Plans of record
(a) Any agency or network provider with facilities in the public rights -of -way shall
submit plans of record in *accordance with the following requirements:
(1) A city Street Map marked in such a manner as to evidence which Type D and
above thoroughfares along which the agency or network provider has placed
facilities (not including boxes and other appurtenances) shall serve as the
plans of record for the agency or network provider. The address and GPS
coordinates must be included for any pole or equipment collocated on a pole.
The city Street Map will be made available in a digital format upon request to
the city engineer.
(2) On or before January 31 of each calendar year following the initial submittal of
its plans of record, an agency or network provider shall provide to the city
engineer plans of record that show all installations of new facilities, and all
changes, additions, abandonments, and relocations relating to existing
facilities completed in the previous calendar year, including the address and
GPS coordinates for such facilities.
(b) Plans of record shall not include information that is a trade secret or other
confidential information protected from disclosure by state law. Information marked
"proprietary" or "confidential" will not be accepted by the city. Location information
is not a trade secret or proprietary/confidential information, and this subsection
may not be construed to authorize an agency or network provider to fail to provide
location information.
Sec. 14.03.208. - General rights -of -way use and construction.
(a) Responsibility for Employees, courtesy and- drug policy. Agencies, network
providers and infrastructure contractors shall be responsible and liable for the acts
and omissions of their employees, temporary employees, officers, directors,
consultants, agents, Affiliates, subsidiaries, and subcontractors in connection with
the installations of facilities in the right-of-way, as if such acts or omissions were
agency's, Network Provider's, or public infrastructure contractor's acts or omissions.
Work in the public rights -of -way shall be done in a manner that causes the least
interference with the rights andreasonable convenience of property owners and
residents. Citizen satisfaction must be a priority in using the Right -of -Way. Agencies,
network providers, and infrastructure contractors shall train their employees to be
customer service -oriented and to positively and politely interact with citizens when
dealing with issues pertaining to its facilities in the right-of-way. Employees shall be
clean, courteous, efficient, and neat in appearance and committed to offering the
highest quality of interaction with the public. If, in the opinion of the city Manager, the
employee is not interacting in a positive and polite manner with citizens, he or she
shall request that the agency, network provider or infrastructure contractor take all
remedial steps to conform to these standards. It is the policy of the city to achieve a
drug -free workforce and workplace. The manufacture, distribution, dispensation,
possession, sale, or use of illegal drugs or alcohol by agency's, network provider's or
infrastructure contractor's employees, contractors, subcontractors, or vendors while
on city rights -of -way is prohibited..
(b) Minimal interference. Agency's, network provider's, or public infrastructure
contractor's facilities shall be constructed or maintained in such a manner as not to
interfere with sewers, water pipes, or any other property of the city, or with any
other pipes, wires, conduits, pedestals, structures, or other facilities that may have
been laid in the rights -of -way by, or under, the city's authority. The agency's,
network provider's or public infrastructure contractor's facilities shall be located,
erected, and maintained so as not to, endanger or interfere with the lives of
persons, or to interfere with improvements the city may deem proper to make or to
unnecessarily hinder or obstruct the free use of the rights -of -way or other public
property, and shall not interfere with the travel and use of public places by the
public during the construction, repair, operation, or removal thereof, and shall not
obstruct or impede traffic. The agency, network provider, or infrastructure
contractor shall not cause any interference with city public safety radio system,
traffic signal light system, or other city safety communications components.
(c) Responsibilities under permit; location of facilities.
(1) A permit does not relieve an agency, network provider, or public infrastructure
contractor of the responsibility to coordinate with other utilities and to protect
existing facilities. An agency, network provider, or public infrastructure
contractor working in the right-of-way is responsible for obtaining line locates
from all affected utilities or others with facilities in the right-of-way prior to any
excavation. Use of the geographic information system or the plans of record
does not satisfy this requirement.
(2) In performing location of facilities in the public rights -of -way in preparation for
construction under a permit, agency, network provider, or public infrastructure
contractor shall compile all information obtained regarding its or any other
facilities in the public rights -of -way related to a particular permit and shall
make that information available to the city in a written and verified format
acceptable to the city engineer.
(3) Protection of utilities. Before beginning excavation in any public right-of-way,
an agency, network provider, or public infrastructure contractor shall contact
the Texas One -Call System or any other company operating under the One -
Call Statute and, to the extent required by Chapter 251 of the Texas Utilities
Code, make inquiries of all ditch companies, utility companies, districts, local
government departments, and all other agencies that might have facilities in
the area of work to determine possible conflicts.
a. Field locations shall be marked prior to commencing work. The agency,
network provider, or public infrastructure contractor shall support and
protect all pipes, conduits, poles, wires, or other apparatus that may be
affected by the work from damage during construction or settlement,of
trenches subsequent to construction.
b. A person shall only use a water -based :paint in the public right-of-way to
mark the location of existing underground utilities. A person commits an
offense, if a marking he makes in the public right-of-way to mark the
location of existing underground utilities remains visible longer than sixty
(60) calendar days after being applied.-
(d) Underground Construction and Use of poles.
(1) Facilities shall be maintained in an appropriate manner.
(2)' Should the city desire to place its own facilities in trenches or bores opened
by the agency, network provider, or public infrastructure contractor, the
agency, network provider, or public infrastructure contractor shall cooperate
with the city in any construction by the agency, network provider, or public
infrastructure contractor that involves trenching or boring, provided that the
city has first notified the agency, network provider, or public infrastructure
contractor in some manner that it is interested in sharing the trenches or
bores in the area in which the agency's, network provider's or public
infrastructure contractor's construction is occurring. The agency, network
provider, or public infrastructure contractor shall allow the city to place its
facilities in the agency's, network provider's or public infrastructure
contractor's trenches and bores, provided the city incurs any incremental
increase in cost of the trenching and boring. The city shall be responsible for
maintaining its respective facilities buried in the agency's, network provider's
or public infrastructure contractor's trenches and bores under this paragraph.
(e) Joint trenching. The public rights -of -way have a finite capacity for containing
facilities. The city engineer may require an agency, network provider, or public
infrastructure contractor to share trench space to minimize the disruption of
vehicular or pedestrian traffic.
(1) All facilities shall meet any applicable local, state, and federal clearance and
other safety requirements, be adequately grounded and anchored, and meet
the provisions of any contracts executed between agency, network provider,
or public infrastructure contractor and the other joint user. Agency, network
provider, or public infrastructure contractor may, at its option, correct any
attachment deficiencies and charge the joint user for its costs.
(f) Excavation safety. On construction projects in which excavation will exceed a
depth of five (5) feet, the agency, network provider, or public infrastructure
contractor must have detailed plans and specifications for excavation safety
systems. The term "excavation" includes trenches, structural or -any construction
that has earthen excavation subject to collapse. The excavation safety plan shall
be designed in conformance with state law and Occupational Safety and Health
Administration (OSHA) standards and regulations.
(g) Erosion control. The agency, network provider, or public infrastructure contractor
shall be responsible for storm water management erosion control that complies
with city, state and federal guidelines. All installations shall comply with TxDot
Erosion and Sediment Control Manual, as amended.
(h) On -site requirements. Agencies, network providers and public infrastructure
contractors subject to this division must have a minimum of one (1) English-
speaking representative at the site where work is being performed at all times.
Additionally, each of agency's, or network provider's or public infrastructure
contractor's vehicles shall bear a sign identifying the agency, network provider, or
public infrastructure contractor that owns the vehicles.
(i) Electrical Supply. Agencies, network providers and public infrastructure contracts
are responsible for obtaining any required electrical power services to their facilities.
The city shall not be liable for any stoppages or shortages of electrical power
furnished to the facilities, including without limitation; stoppages or shortages
caused by any act, omission, or requirement of the public utility serving the facilities
or the act or omission of any other tenant of the structure or user of the right-of-way,
or for any other cause beyond the control of the city. Generators and back-up
generators are prohibited in the right-of-way.
Sec. 14.03.209. - No directional boring zones?
In the city, the public infrastructure must be maintained and protected by all agencies,
network providers, and, public infrastructure contractors. The public health, safety and
welfare is at risk when damages to water and sewer mains occur. To protect the water
and sewer system, no person, agency, network provider, or public infrastructure
contractor will be allowed to directionally bore longitudinally with water and sewer mains
that are twelve (12) inches or larger. The installation of facilities in the public rights -of -
way will be installed by open excavation to assure the protection of the city's water and
sewer system. The city has available mapping that identifies such mains. The agency,
network provider, or public infrastructure contractor is responsible for obtaining and using
this information in the design of new facilities. When boring is acceptable, pothole
process is required for twelve (12) inches or larger water and sewer mains or any main
that is deemed critical by the city. Bore time is restricted to the following schedule: 7 a.m.
to 4 p.m. -Monday through Thursday, 7 a.m. to Noon on Friday and no bore on Saturday
and Sunday. Missiles are not considered directional boring and are not allowed unless
otherwise approved by the city.
Sec. 14.03.210. - Joint planning and construction; coordination of excavations.
(a) Excavations in city rights -of -way disrupt and interfere with the public use of the city
streets and damage the pavement and landscaping. The purpose of this section is
to reduce this disruption, interference and damage by promoting better coordination
among agencies, network providers, or public infrastructure contractors making
excavations in public rights -of -way and between these agencies, network providers
and public infrastructure contractors and the city. Better coordination will assist in
minimizing the number of excavations being made wherever feasible and will
ensure the excavations in city rights -of -way are, to the maximum extent possible,
performed before, rather than after, the reconstruction of the streets by the city.
(b) Utility coordination meeting.
(1) The city will hold a utility coordination meeting a minimum of two (2) times per
year. The purpose of the meeting is for the city to inform agencies, network
providers, and public infrastructure contractors of proposed and current
community investment projects in the City of Beaumont and also for the
agencies, network providers, and public infrastructure contractors to inform
each other and the city of current and future projects. Each agency, network
provider and public infrastructure contractor is encouraged to attend and
participate in the meetings of the city, of which the agency, network provider,
or public infrastructure contractor will be made aware.
(2) The city will notify the affected agencies, network providers, and public
infrastructure contractors at least six (6) months before construction will start
on a city project. Preliminary plans will be provided to the affected agencies,
network providers, and public infrastructure contractors 'at least four (4)
months before the project is to start construction. Final plans will be provided
to the affected agencies, network providers, and public infrastructure
contractors at least two (2)-months before the project is to start construction.
(3) Whenever it is possible and reasonably practicable to joint trench or share
bores or cutes, the agency, network provider, or public infrastructure
contractor shall work with other agencies, network providers, and public
infrastructure contractors so as to reduce as much as possible the number of
right-of-way cuts within the city.
(c) Excavation master plan. In addition to participating in the utility coordination
meetings, any agency, network provider, or public infrastructure contractor owning,
operating or installing facilities in public rights -of -way, providing water, sewer, gas,
electric, communication, video, or other utility services, shall meet annually with the
city engineer, at the city engineer's request, to discuss agency's, network provider's,
or public infrastructure contractor's excavation master plan. At such meeting, to the
extent not already in possession of the city, agency, network provider, or public
infrastructure contractor shall submit documentation, in a form required by the city
engineer, showing the location of the agency's, network provider's, or public
infrastructure contractor's existing facilities in the public rights -of -way.
(1) Agency, network provider, or public infrastructure contractor shall discuss with
the city engineer its excavation master plan and identify planned major
excavation work in the city. The city engineer may make his own record on a
map, drawing, or other documentation of each agency's or network provider's
or public infrastructure contractor's planned major excavation work in the city;
provided, however, that no such document prepared by the city engineer shall
identify a particular entity, or the planned major excavation work of that
particular entity.
(2) Each agency or public infrastructure contractor shall submit annually, on or
before March 31, a revised and updated excavation master plan. As used in
this subsection, the term "planned major excavation work" refers to any future
excavations planned by the agency, network provider, or public infrastructure
contractor when the excavation master plan or update is submitted that will
,affect any public rights -of -way for more than five (5) business days, provided
that the agency, network provider, or public infrastructure contractor shall not
be required to identify future major excavations planned to occur more than
three (3) years after the date that the agency's, network provider's, or public
infrastructure contractor's master plan or update is discussed.
(3) Between the annual meetings to discuss planned major excavation work,
agency, network provider, or public infrastructure contractor shall inform the city
engineer of any substantial changes in the planned major excavation work
discussed at the annual meeting. The city will not preclude an agency, network
provider, or public infrastructure contractor from obtaining a permit for a project
that was inadvertently excluded from the agency's, network provider's or
infrastructure contractor's excavation master plan or was unknown at the time
the plan was created.
Sec. 14.03.211. - Minimizing the impacts of work in the rights -of -way.
(a) Noise, dust, debris, hours of work. Each agency, network provider, and public
infrastructure contractor shall conduct work in such a manner as to avoid
unnecessary inconvenience and annoyance to the general public and
occupants of neighboring property. In the performance of the work, the agency,
network provider, or public infrastructure contractor shall take appropriate
measures to reduce noise, dust, and unsightly debris. No work shall be done
between the hours of 10:00 p.m. and 7:00 a.m., except with the written
permission of the city engineer, or in case of an emergency. Bore time is
restricted to the following schedule: 7 a.m. to 4 p.m. Monday through
Thursday, 7 a.m. to Noon on Friday and no bore on Saturday and Sunday.
Missiles are not considered directional boring and are not allowed unless
otherwise approved by the city.
(b) Trash and construction materials.
(1) Each agency, network provider, and public infrastructure contractor shall
maintain the work site so that:
a. Trash and construction materials are contained so that they are not
blown off of the construction site.
b. Trash is removed.from a construction site often enough so that it does
not become a health, fire, or safety hazard.
C. Trash dumpsters and storage or construction trailers are not placed in
the street without written approval of the city engineer.
(2) Agency, network provider, or public infrastructure contractor may only use
approved trash haulers when working in the public rights -of -way.
(c) Deposit of dirt and material on roadways. Each agency, network provider, and public
infrastructure contractor shall eliminate the tracking of mud or debris upon any
street or sidewalk. Equipment and trucks used during construction, excavation, or
work activity shall be cleaned of mud and debris prior to leaving any work site.
(d) Protection of trees and landscaping. Each agency, network provider, and public
infrastructure contractor shall protect trees, landscape, and landscape features as
required by the city and shall be responsible for supplemental maintenance and
watering during construction and until restoration is complete and in accordance
with the performance warranty made the agency, network provider, or public
infrastructure contractor under this division. All protective measures' shall be
provided at the expense of the agency, network provider, or public infrastructure
contractor. Agency, network provider, or infrastructure contractor and its
contractors, and agents shall obtain written permission from the city Manager
before trimming trees hanging over its facilities in the right-of-way. When directed
by the city manager, agency, network provider or infrastructure contractor shall trim
under the supervision and direction of the parks director. The city shall not be liable
for any damages, injuries, or claims arising from agency's, network provider's, or
infrastructure contractor's actions under this section.
(e) Protection of paved surfaces from equipment damage. Backhoe equipment
outriggers shall be fitted with rubber pads whenever outriggers are placed on any
paved surface. Tracked vehicles with grousers are not permitted on paved surface
unless specific precautions are taken to protect the surface. Agency, network
provider, or public infrastructure contractor shall be responsible for any damage
caused to the pavement by the operation of such equipment and shall repair such
surfaces. Failure to do so will result in the use of the agency's, network provider's,
or public infrastructure contractor's performance warranty/guarantee by the city to
repair any damage, and, possibly, the requirement of additional warrantee(s).
(f) Protection of property. Each agency, network provider, and public infrastructure
contractor shall protect from injury any public rights -of -way and adjoining property
by providing adequate support and taking other necessary measures. Agency,
network provider, or public infrastructure contractor shall, at its own expense, shore
up and protect all buildings, walls, fences, or other property likely to be damaged
during the work and shall be responsible for all damage to public or private
property resulting from failure to properly protect and carry out work in the public
rights -of -way.
(g) Clean-up. As the work progresses, all public rights -of -way and private property
shall be thoroughly cleaned of all rubbish, excess dirt, rock, and other debris. All
clean-up operations shall be done at the expense of the agency, network provider,
or public infrastructure contractor. Agency, network provider, or public
infrastructure contractor shall restore any disturbed area to its original condition.
All restoration work must be completed within ten (10) business days following the
date of substantial completion of the work in the right-of-way. Such clean-up and
restoration shall be subject to the sole, reasonable approval of the city engineer.
(h) Vehicle parking. Each agency, network provider, and public infrastructure
contractor shall make provisions for employee and construction vehicle parking so
that neighborhood parking adjacent to a work site is not impacted.
(i) Walkways. Each agency, network provider, and public infrastructure contractor
shall maintain an adequate and safe unobstructed walkway around a construction
site or blocked sidewalk in conformance with City Code. ,
(j) Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar
days from the date agency, network provider, or infrastructure contractor receives
notice thereof, the agency, network provider or infrastructure contractor, shall
remove all graffiti on any of its facilities located in the Right of Way. The foregoing
shall not relieve the agency, network provider, or infrastructure contractor from
complying with any city graffiti or visual blight ordinance or regulation.
(k) Signage. Agency, network provider, or infrastructure contractor shall post its name,
location identifying information, and emergency telephone number in an area on the
cabinet of the facility that is visible to the public. Signage required under this section
shall not exceed 4" x 6", unless otherwise required by law (e.g. RF ground
notification signs) or the city manager.
Except,as required by laws or by the utility pole owner, agency, network provider,
or infrastructure contractor shall not post any other signage or advertising on the
facilities or poles.
(I) Ownership. No part,of any facilities placed on the right-of-way pursuant to this
division will become, or be considered by the city as being affixed to or a part of,
the right-of-way, except for facilities accepted as city facilities by the city engineer
in writing. All other facilities placed in the right-of-way pursuant to this division will
be and remain the property of the agency or network provider and may be
removed by the agency or network provider at any time, provided the agency or
network provider shall obtain permits or give notice as required by this division.
(m) Notification. Each agency, network provider, and public infrastructure contractor
shall notify the public works department forty-eight (48) hours before undertaking
any work in the right-of-way.
Sec. 14.03,212. - Traffic control.
(a) No person, agency, network provider, or public infrastructure contractor may close
a public street without first obtaining a permit from the city engineer. An application
for a maintenance permit and a traffic control plan shall be submitted to the city
engineer no less than seven (7) business days prior to the date of the proposed
closure unless an emergency exists, in which case immediate notice must be given
to the city engineer. If a proposed construction project is to be made in the public
right-of-way dedicated to the State of Texas, a city permit shall be required in
addition to any and all permits required by the state.
(b) When it is necessary to obstruct traffic, an application for a maintenance permit and
a traffic control plan shall be submitted to the city engineer prior to starting
construction. No permit will be issued until the traffic control plan is approved by the
city engineer. No agency, network provider, or public infrastructure contractor shall
block access to and from private property, block emergency vehicles, block access
to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve
housing structures, or any other vital equipment unless the agency, network
provider, or public infrastructure contractor provides the city with written verification
of written notice delivered to the owner or occupant of the facility, equipment, or
property at least forty-eight (48) hours in advance.
(c) When necessary for public safety, the agency, network provider, or public
infrastructure contractor shall employ flag persons whose duties shall be to control
traffic around or through the construction site. The use of flag persons may be
required by the city engineer.
(d) Unless approved by the city engineer, the agency, network provider, or public
infrastructure contractor shall not impede rush hour traffic on major thoroughfares
during the morning or evening rush hours. No construction shall be performed nor
shall any traffic lane be closed to traffic during the hours of 6:00 a.m. to 9:00 a.m. or
4:00 p.m. to 6:00 p.m., Monday through Friday, without the written approval of the.city
engineer.
(e) Lane closures on major thoroughfares will be limited to no more than two (2) hours
at any time outside of the morning and evening rush hours unless approved by the
city engineer.
(f) Traffic control devices and barricades, as defined in Part VI of the Manual on
Uniform Traffic Control Devices, or any successor publication thereto, must be
used whenever it is necessary to close a traffic lane or sidewalk. Traffic control
devices and barricades are to be supplied by the agency, network provider, or
public infrastructure contractor. If used at night, they must be reflectorized and must
be illuminated or have barricade warning lights.
(g) Part VI of the Manual on Uniform Traffic Control Devices, or any successor
publication thereto, shall be used as a guide for all maintenance and construction
signing. The agency, network provider, or public infrastructure contractor shall
illustrate on the permit the warning and control devices proposed for use. At the
direction of the city engineer, such warning and control devices shall be modified.
(h) The city engineer may refuse to issue a permit if proposed construction activity will
substantially interfere with vehicular traffic flow on major thoroughfares or is
inconsistent with procedures of this division.
Sec. 194.03.213. - Requirements for street cuts and repairs.
(a) The agency, network provider, or public infrastructure contractor shall be
responsible for maintaining all street cuts in such a manner as to avoid a hazard to
vehicular and pedestrian traffic until permanently repaired.
(1) When emergency repairs are deemed necessary by the)city engineer to correct
a situation that is hazardous to the public, the agency, network provider, or
public infrastructure contractor that is responsible for the cut shall be notified
immediately. If the agency, network provider, or public infrastructure contractor
does not provide an acceptable schedule for making the emergency repair
within eight (8) hours of being notified, the repairs will be performed by the
city, and the agency, network provider, or public infrastructure contractor will
be billed for the repairs necessary to complete the project, including clean up.
(2) Agency, network provider, or public infrastructure contractor will be required
to maintain the interim cut repair until they have completed final repairs.
(3) Traffic bearing steel plates shall be utilized on all concrete paving cuts until
required curing is accomplished. Asphalt shall be used to provide smooth
ramps at the edges. Plates or asphalt may be used for temporary repairs.
(b) All damage caused directly or indirectly to the street surface or subsurface outside
the pavement cut area shall be regarded as a part of the street cut. These areas,
as established by the city inspector, will be included in the total area repaired.
(c) The agency, network provider, or public infrastructure contractor shall notify the
public works department immediately of any damage to other utilities, either city or
privately -owned.
(d) Construction methods:
(1) The City of Beaumont Special Provisions to Standard Specifications for Public
Works Construction and the City of Beaumont's Standard Construction
Details shall govern the cutting and restoration of street and alley pavements
in the city. These requirements shall apply equally to any person, public
infrastructure contractor, network provider, agency or city department who
makes cuts and repairs to streets and alleys in the City of Beaumont. Any
above or in -ground equipment shall not be partially or completely within the
sidewalk area, or within eighteen (18) inches of the paved sidewalk, unless
otherwise approved by the city.
(2) Permanent repairs of utility cuts in existing streets, alleys or easements will
be completed by the agency, network provider, or public infrastructure
contractor within fourteen (14) calendar days of beginning the work. If an
agency, network provider, or public infrastructure contractor does not believe
that it will be able to meet this schedule, the agency, network provider, or
public infrastructure contractor must,,contact the city engineer concerning an
alternative schedule for the repairs. Any alternative schedule must be
approved by the city engineer prior to the beginning of the work. The agency,
network provider, or public infrastructure contractor will be responsible for any
maintenance of the repair for a period of one (1) year after the repair is
complete. Failure to do so will result in the use of the agency's, network
provider's or public infrastructure contractor's performance
warranty/guarantee by the city to repair any damage, and, possibly, the
requirement of additional warrantee(s) and/or the denial of future permits.
(3) Steel plates left in the right-of-way after repairs are completed will be
removed by the city and become the city's property.
(4) Excavation in street or alley pavements should begin with an air -hammer
shovel, a pavement breaker or other equipment that will not damage the
pavement outside an approximate width of the ditch prior to beginning
trenching operations. All street excavations will be saw cut before the street is
.repaired. Full depth saw cuts are required. If the excavation is to pass under
where the curb is installed without dummy/expansion joint,. the agency, network
provider, or public infrastructure contractor may saw cut a smooth line one (1)
foot beyond each side of the disturbed base. If no damage to curb is evident to
the city inspector, the agency, network provider, or public infrastructure
contractor may pump concrete under curb and gutter on cuts less than one
(1) foot wide. The city inspector will make this determination prior to concrete
being placed under existing curb and gutter.
(e) Notification of homeowners' and homeowner associations. When an agency,
network provider, or public infrastructure contractor is installing more than five
hundred (500) linear feet of underground facilities, the agency, network provider, or
public infrastructure contractor shall notify in writing all homeowner associations,
from information maintained by the city, and individual homeowners along the
route. Door hangers are an acceptable form of written notification. This notification
shall give information about the project, not limited to the proposed location of the
facilities, the time length for construction and a contact person to report any
problems. The agency, network provider, or public infrastructure contractor must
also contact all homeowner associations concerning the location of any
underground improvements.
Sec. 14.03.214. - Standards for repair and restoration.
(a) Agency, network provider, public infrastructure contractor responsibility. The
agency, network provider, or public infrastructure contractor shall be fully
responsible for the cost and actual performance of all work in the public rights -of -
way. The agency, network provider, or public infrastructure contractor shall do all
work in conformance with any and all. engineering regulations, construction
specifications, and design standards adopted by the city. These standards shall
apply to all work in the public rights -of -way unless otherwise indicated in the
permit.
(b) All restoration shall result in a work site condition equal to or better than the
condition in which the site existed prior to construction. Restoration must be
approved by the city engineer. In addition to the regulations, specifications, and
standards referred to in subsection (a), the following provisions shall apply to work
in the public rights -of -way of the city:
(1) Restoration must be to the reasonable satisfaction of the city engineer and
the property owner. The restoration shall include, but not be limited to:
a. Replacing all ground cover with the type of ground cover damaged
during work or better by sodding, as directed by the city;
b. Installation of all manholes and handholes, as required;
C. Backfilling of all bore pits,. potholes, trenches or any other holes which
must be done within seven (7) business days after excavation of the
bore pits, potholes, trenches or other holes, unless other safety
requirements are,approved by the city engineer;
d. Leveling of all trenches and backhoe lines;
e. Restoration of excavation site to city specifications;
f. Restoration of all landscaping, trees, shrubs, ground cover, and
sprinkler systems; and
g. Repairing and replacing existing erosion control devices that have been
damaged or destroyed as a part of the work.
(2) All locate flags shall be removed during the clean-up process by the agency,
network provider, or public infrastructure contractor at the completion of the
work.
(3) Restoration must be made in a timely manner as agreed upon by the city
engineer and the agency, network provider, or public infrastructure contractor.
-if restoration is not satisfactory and/or is not performed within the agreed
upon timeframe, all work in progress, except that related to the problem,
including all work previously permitted but not complete, may be halted and a
hold may be placed on any permits not approved until all restoration is
complete, or the city may complete the work and bill the agency, network
provider, or public infrastructure contractor for the repairs performed by the
city.
Sec. 14.03.215. - Construction and restoration standards for newly constructed or
overlayed streets.
(a) No agency, network provider, or public infrastructure contractor shall cause an
open trench excavation or potholing of facilities in the pavement of any public
right-of-way for a period of three (3) years from the completion of construction or
resurfacing except in compliance with the provisions of this section.
(b) Criteria for approval. No permit for excavation in the right-of-way of new streets shall
be approved unless the city engineer finds that all of the following criteria have
been met:
(1) Boring or jacking without disturbing the pavement is not practical due to
physical characteristics of the street or alley or other utility conflicts.
(2) Alternative utility alignments that do not involve excavating the street or alley
are found to be impracticable.
(3) The proposed excavation cannot reasonably be delayed after the three-year
deferment period has lapsed.
(c) Exemptions for emergency operations. Emergency maintenance operations shall
be limited to circumstances involving the preservation of life, property, or the
restoration of customer service. Agencies, network providers, or public
infrastructure contractors with prior authorization from the city engineer to perform
emergency maintenance operations within the public rights -of -way shall be
exempted from this section. Any agency, network provider, or public infrastructure
contractor commencing operations under this section shall submit detailed
engineering plans, construction methods, and remediation plans no later than the
next business day after initiating the emergency maintenance operation.
(d) Construction and restoration standards for newly constructed or overlayed
streets and alleys. The streets shall be restored and repaired in accordance with
design and construction standards adopted by the city and guaranteed in
accordance with section 14.03.204.
Sec. 14.03.216. - Relocation of facilities for public improvements.
(a) In the exercise of governmental functions, the city has first priority over all other
uses of the public rights -of -way. The city reserves the right to lay sewer, water, and
other pipelines or cables and conduits, and to do underground and overhead work,
and attachments, restructuring, or changesin aerial facilities in, across, along, over,
or under a public street, alley, or public rights -of -way occupied by an agency,
network provider, or public infrastructure contractor, and to change the curb,
sidewalks, or the grade of streets.
(b) The agency, network provider, or public infrastructure contractor must relocate its
facilities at its own expense in a timely manner and prior to the start of construction
of a city project. Failure to comply with this provision shall subject the agency,
network provider, or public infrastructure contractor to the enforcement provisions
contained herein.
(c) A permit' will be required when making facility adjustments in preparation -for city
projects, unless the adjustments are exempt under 14.03.198(b).
(d) If the agency, network provider or public infrastructure contractor fails to remove or
relocate its facilities as requested within ninety (90) calendar days of receipt of the
request, then the city shall be entitled to remove the facilities at the sole cost and
expense of the agency, network provider, or infrastructure contractor without
further notice. Agency or network provider shall, within thirty (30) calendar 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 facilities. A hold may be placed on any permits not
approved until payment is received.
(e) The duty to remove and relocate at the agency, network provider, or public
infrastructure contractor's expense is not contingent on the availability of an
alternative location acceptable for relocation.
Sec. 14.03.217. - Abandonment and removal of facilities.
(a) If a registration is not renewed, and subject to sixty (60) calendar days notification
to the agency all facilities owned by the agency within the city will be deemed to
have been abandoned and shall become the property of the city. The city has
appropriated $0 to pay for the cost of any removal or storage of facilities placed in
the right-of-way, as 'authorized under this division, and no other funds are
allocated.
(b) Any agency or network provider that intends to discontinue use of any facilities within
the public rights -of -way shall notify the city engineer in writing of the intent to
discontinue use. Such notice shall describe the facilities for which the use is to be
discontinued, including the address and GPS coordinates of any pole, a date of
discontinuance of use, which date shall not be less than thirty (30) calendar days
from the date such notice is submitted to the city.engineer. Upon receipt of notice of
discontinuance of use, the city shall have a right of first refusal to acquire agency's or
network provider's facilities with the cost for such facilities to be negotiated by the city
and the agency or network provider.
(c) Agency or network provider shall, at its sole cost and expense, promptly
disconnect, remove or relocate its facilities if ordered to do so by the city pursuant
to this division. Agency or network provider shall reimburse city for the city's actual
costs of removal of facilities if agency or network provider fails to promptly
disconnect, remove and relocate its facilities. Payment must be made within thirty
(30) calendar days from receipt of an invoice for the actual costs from the city.
(d) The city shall not issue any refunds for any amounts paid by agency, network
provider or infrastructure contractor for facilities or related ground equipment that
have been removed.
Secs. and . - Reserved."
Section IV
All provisions of the Code of Ordinances of the City of Beaumont; codified or
uncodified, in conflict with the provision of this Ordinance are hereby repealed, and all
other provisions of the Code of Ordinances of the City of Beaumont, codified or
uncodified, not in conflict with this Ordinance shall remain in full force and effect.
Section V.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if
any phrase, clause, sentence, or section of this Ordinance shall be declared
unconstitutional or invalid by any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other remaining phrase, clause,
sentence, paragraph or section- of this Ordinance.
Section VI.
The repeal of any Ordinance or part of Ordinances effectuated by the
enactment of this Ordinance shall not be construed as abandoning any action now
pending under by virtue of such Ordinance or as discontinuing, abating, modifying or
altering any penalty accruing or to accrue, or as affecting any rights of the city under
any section or provisions at the time of passage of this ordinance.
Section VI I.
This Ordinance shall become effective immediately upon its passage and
publication as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
April, 2019.
• 4. 3
ATTEST:
A L&
Tina Broussard, City Clerk
APPROVED AS TO FORM:
Tyro E. Coope , ity,Attorney
ESTERA �'�A' PRODUCTDATA SHEET
UT TY/TELECOM, INC.
DAP-SGL
, Decorative Antenna Pole with Single Globe Light (16033)
Design Feaf uw.
o Designed for pole top cylinder antennas
o Area for splitters and cable management below antenna
o Includes PIM reduction coating an antenna mount
o Removable 2-plecetapered skirt below antenna mount
o Mount provides rotatabliltyand antenna leveling
o Galvanized, power coat; or concrete textured finishes''
o Optional decorative pole base shroud available
• optional base cabinetfor housing radio equipment
General Design Criteria:
o V.,d (3-Sec. Gust) = 110 mph
o V,, (3-Sec. Guso = 143 mph
a Exposure C
. Structure Class/Mk Category 11
Topographic Category 1
Product No.
Pole Ht, H
DAP-SGL 18
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DAP-SGL 20
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DAP-SGL 24
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ROADWAY
1.61 .................... .STORIi SEwER................... . 1.5'.
.51 1.......... I .... I ........ GAS .......................... 5'_
.7f ...... I .......... SAN.SEWER (WATER) .................. 7'.
lo' • • • . ABOVE; OR BELOW GROUND UTILITIES (ENTERGY) • • • • 10'
12' .........................fit......................... 12'
14!........................AT&T......................... 14'
NOTE: ORDINANCE 17-054 SEC. 14-08.210 C FACILITIES AND P-MAM
GROUND EgQUlYMENT SHALL BE PLACED TWO FEET FROM THI•;
OUTER EDGE OF TAE RIGHT—OF—WAY LINE AND THREE FAT FROM BACK
OF CURB TO MINItME ANY OBSTRUCTION, IMPEDIMENT, OR HINDRANCE TO
THE USUAL TRAVEL OR PUBLIC SAFETY ON A PUBLIC RIGHT—OF—WAY.
PublEa W4wks
DESIGNATED UITLI'i'I' LOCATION —UNDIVIDED SMMF
PUBLIC WOMM DEPT. ENGINEM NG DIVISION
DWG NO. : EXBIkT 1 I DATE : 2019.02.01
(COLLECTOR/ARTERIAL)
BIDEVULA ALONG SIDEWALK SPACED a'
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PAOIId7.'Y LOCATION
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NOTE:
LOCAMON OF POLES AND ANCHOR GUYS ARE DESIGNATED UM17Y a " EM'A U - M vin ll&Nqlv 1" WrM MISTING OR�SCHEDULEDTHERE IS UUTILMES INNO S PUBLIC WORKS DEPT ENG LOCATIOII1E�MING DNI9ION ANCHOR GUY
Pa64bc Wmtks RESERVED LOCATIONS. DWG NO. : E UEM 2 DATE : 2019.02.01
ADA RAMP PER TXDOT FILE: PED-18
(SHT 1 TO 4)
PEDESTRIAN FACILITIES CURB RAMPS
TRANSITION CURB
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TRANSITION CURB
SMEWALK
35'R
MINIMUM
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NOTE:
FAQ AT CORNERS MUST
NOT ENCROACn INTO SIGHT
DISTANCE REQUIREMENTS
SCREENING WALL/SIGN LOCATION WILL
BE DE MIMINED BY CITY ORDIANANCE
SEC. 28.04.003-SIGN REGULATIONS
DESIGNATED UTILITY LOCATION - STREET INTERSECTION
PUBLIC WORKS DEPT. ENGINEERING DIVISION
DWG NO. : EXEDM 3 DATE.: 2019.02.01
Category
Designation
Ri ght-of-Wa
R.O.W.. Width
Pavement
Width
Arterial
-Major
A
80' - 120'
44' - 100'
Minor
B
60- 90'
30' - 60'
Collector
Major _
C
65'
45'
Minor
D
60'
36'
Local
Major
E
50'
26'
Minor
F
40'
20'
u'° fat EXH1B1'T
Exhibit 4