HomeMy WebLinkAboutPACKET AUG 28 2017 - SPECIAL MEETINGBEAUMONT
TEXAS
SPECIAL MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 28, 2017 4:00 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Public Comment: Persons may speak on scheduled agenda items 1 and 2
GENERAL BUSINESS
1. Consider an ordinance adopting a new Division 4, Right -of -Way Management
Regulations, of Chapter 14 of the Code of Ordinances, regulating the location of
small cell network nodes in the public rights-of-way
2. Consider approving a Design Manual and a Pole Attachment Agreement regulating
the installation of network nodes and node support facilities on City service and
utility poles
WORK SESSION
* City Council discussion regarding the statue located at Wiess Park
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Couucilmembers/City Manager comment on various matters
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids. or
services are requested to contact Kaltrina Harbuzi at 880-3777.
1
August 28, 2017
Consider an ordinance adopting a new Division 4, Right -of -Way Management Regulations, of
Chapter 14 of the Code of Ordinances, regulating the location of small cell network nodes in the
public rights-of-way
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: August 28, 2017
REQUESTED ACTION: Council consider an ordinance adopting a new Division 4, Right -
of -Way Management Regulations, of Chapter 14 of the Code of
Ordinances, regulating the location of small cell network nodes in
the public rights-of-way.
BACKGROUND
The 85h Legislature, sitting in regular session, passed Senate Bill 1004 enacting a new Chapter
284 of the Texas Local Government Code. The legislation, in general, grants wireless network
providers access to public rights-of-way to install small cell network nodes to poles and
structures in the public right-of-way. The effective date of this legislation is September 1, 2017.
The State has delegated to each municipality the fiduciary responsibility to manage the public
right-of-way for the health, safety and welfare of the public. In order to do so, in light of this
new legislation, the City needs to have right-of-way management regulations and design criteria
adopted prior to the effective date of the legislation.
This ordinance proposes the adoption of a new division of Chapter 14 to the Code of Ordinances
implementing right-of-way management regulations.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE ADOPTING A NEW CHAPTER 14,
ARTICLE 14.03, DIVISION 4, RIGHT-OF-WAY MANAGEMENT
REGULATIONS, TO CONFORM TO NEW STATE LEGISLATION FOR
SMALL CELL TECHNOLOGY AND OTHER MINOR CHANGES, AND
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A
SAVINGS CLAUSE, A PENALTY CLAUSE, A PUBLICATION CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the Texas State Legislature has elected S.B. No. 1004 relating to
the deployment of network nodes in public right-of-way and has amended Subtitle A,
Title 9, Local Government Code by adding Chapter 284, to take effect on September 1,
2017; and
WHEREAS, the state has delegated to each municipality 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, municipalities retain the authority to manage the public right-of-way
to ensure the health, safety, and welfare of the public; and
WHEREAS, it is the policy of the state that municipalities receive from network
providers fair and reasonable compensation for the use of public right-of-way and for
collocation on poles; and
WHEREAS, the City of Beaumont reasonably anticipates that the actual and
direct cost of processing permit applications for network providers will exceed $500 per
application covering up to five network nodes, $250 for each additional network node
per application, and $1000 per application for each pole, 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
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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, should be adopted as provided herein.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT:
Section 1.
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 adopted to read
as follows:
"DIVISION 4. RIGHT-OF-WAY MANAGEMENT REGULATIONS.
Sec. 14.03.190 Title.
This article shall be known and cited as the Right -of -Way Management Ordinance
for the City of Beaumont, Texas.
Sec. 14.03.191 Construction; governing law; venue.
This article 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 article shall be effective within the geographical limits of the city, including any
areas subsequently annexed by the city.
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Sec. 14.03.193. Purpose; objectives; applicability.
(a) Purpose. This article 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 article
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 article thus has several objectives:
(1) To insure 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
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provider's, 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.
(c) Applicability.
(1) The requirements of this article 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 14.03.201(a)(5) below.
(2) Any permit issued prior to August 28, 2017 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 article, except that, upon expiration or
conclusion of the permit, a new or renewal permit must be obtained in
accordance with this article.
Sec. 14.03.194 Definitions.
Agency means any person (including franchised or licensed person) or certificated
telecommunications provider operating in the right-of-way under a franchise agreement.
"Agency" includes all contractors and sub -contractors hired or retained to do
construction for an Agency.
Backfill means the restoration of excavated material.
Camouflage means a design mounting structure that conceals the presence of
antennas, network nodes or support structures, examples include but are not limited to
a clock tower, bell tower, steeple, manmade tree appropriate to the area, or light pole.
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.
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City means the City of Beaumont, Texas. As used throughout, the term city also
includes the designated agent of the city.
City engineer means the city engineer of the City of Beaumont.
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.
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.
Construction means excavation, installation of facilities, boring or jacking of utilities,
restoration of pavement cuts, or other work by an agency or public infrastructure
contractor in a public 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.
Design Manual means the City of Beaumont Design Manual for Agency, Network
Providers and Infrastructure Contractors.
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.
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, or service outages whether to one customer or an area of the city.
Erosion control means compliance with the City of Beaumont Erosion and Sediment
Control Manual, as amended.
Excavate or excavation means to dig into or in any way remove or penetrate any
part of a public right-of-way.
Facilities means the plant, equipment, and property, including, but not limited to,
lines, transport service, poles, mains, pipes, conduits, 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..
Page 5 of 46
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
terms 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."
Major thoroughfare means any roadway, Secondary Arterial or greater as shown on
the City of Beaumont's Major Street and Highway Plan, as amended.
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.
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Node support pole means a pole installed by a network provider for the primary
purpose of supporting a network node.
Pavement cut means a cut made into the paved surface of a public street, alley,
curb, sidewalk, or public easement.
Pole means a service pole, municipally owned utility pole, node support pole, or
utility pole.
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.
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 sub -contractors.
Public rights) -of -way means the area on, below, or above a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest. 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.
Service pole means a pole, other than a municipally -owned utility pole, 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 shall be included as a type of "Network Node."
Stealth shall mean a method that hides or conceals an antenna, supporting
electrical or mechanical equipment or any other support structure, including network
nodes.
Thoroughfare means any public traffic artery, major street, secondary street or alley.
Utility pole means a pole 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.
Page 7 of 46
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 include the
power to adopt and enforce ordinances, including amendments to this article, 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 article or a permit to the contrary. Any conflict between the provisions of this article
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 article 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 article that
are not in conflict with this article, 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 article or, where necessary, upon
private property adjacent to the construction site for purposes of inspection to
determine compliance with the permit or this ordinance 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 business days of the planned inspection. Agency, network provider or
infrastructure contractor may have a representative present during such
inspection.
(3) Design Manual. The city engineer is authorized to amend the Design Manual
for Agency, Network Providers and Infrastructure Contractors .
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(b) Violations. A person, agency, or public infrastructure contractor commits an offense
if he. -
(1)
e:
(1) Performs, authorizes, directs, or supervises construction without a valid
permit issued under this article;
(2) Violates any provision of this article.
(3) Fails to comply with restrictions or requirements of a permit issued
pursuant to this article; or
(4) Fails to comply with an order or regulation of the city engineer issued
pursuant to this article.
(c) This article 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 article.
(d) Prior to initiation of civil enforcement litigation, a person, agency, network provider,
or public infrastructure contractor who has violated a provision of this article 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 article, notwithstanding
their correction.
Sec. 14.03.197 Penalties.
(a) Any violation of the following provisions or terms of this ordinance by any person,
firm, corporation, agency, network provider, or public infrastructure contractor:
section 14.03.206(f), excavation safety, section 14.03.207, no directional boring
zones, and section 14.03.209(c), deposit of dirt and material on roadways, of this
article shall be a misdemeanor offense and shall be subject to a fine in accordance
with Section 1.01.009 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 ordinance 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 of the City Code of Ordinances for each offense. Every day a violation
continues shall constitute a separate offense.
Page 9 of 46
Sec. 14.03.198 Registration and Annual Rates.
(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) 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) 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.
(4) The name(s), address(es) and telephone number(s) of the person(s) who will
.be attending the utility coordination meetings for the owner.
(5) 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.
(6) 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.
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(7) Proof of insurance as required by section 19-69 below.
(8) 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).
(9) 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.
(c) A public right-of-way rate for use of the public right-of-way is assessed to all owners
of network nodes in an annual amount equal to $250 multiplied by the number of
network nodes installed in the public right-of-way within the city's boundaries. The
rate shall be adjusted annually by an amount equal to one-half of the annual change
in the consumer price index, and such rate shall take effect on or after sixty days
following notice to all registered owners of network node facilities of the new rate.
(d) A network provider must pay a monthly public right-of-way rate for transport facilities
in an amount equal to $28 multiplied by the number of the network provider's
network nodes located in the public right-of-way for which the installed transport
facilities provide backhaul unless or until the time the network provider's payment of
municipal fees to the municipality exceeds its monthly aggregate per -node
compensation.
(e) A network provider may file a consolidated permit application for not more than
thirty network nodes.
Sec. 14.03.199 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 arterial 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. The address or 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.
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(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 or 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. 14.03.200 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
article pertaining to the use of the public rights-of-way.
(b) Exceptions.
(1) City maintenance activities are excepted from the permitting requirements
outlined herein.
(2) No application, permit or fee is required of network providers for : 1) routine
maintenance that does not require excavation or closing of sidewalks or vehicular
lanes in a public right-of-way; 2) 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 3) 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.
Substantially similar shall mean: (1) (A) the new or upgraded facility, including the
antenna or other equipment element, will not be more than 10 percent larger than
the existing facility, provided that the increase may not result in the facility
exceeding the size limitations provided by Local Government Code Section
284.003; and (B) the new or upgraded pole will not be more than 10 percent higher
than the existing pole, proved that the increase may not result in the pole exceeding
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the applicable height limitations prescribed by Local Government Code Section
284.103; (2) the replacement or upgrade does not include replacement of an
existing pole; and (3) the replacement or upgrade does not defeat exiting
concealment elements of a pole. 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 municipality.
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 as provided in this
Ordinance. Work under this section must still meet all size requirements in this
Ordinance and Design Manual criteria.
(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 or public infrastructure contractor 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 article 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
public infrastructure contractor 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) hours, 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
provided that the agency, network provider, or public infrastructure contractor shall
be and remain 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 article. Any transferee or assignee
shall be bound by all requirements of the permit and this article.
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(5) In the city, 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 which 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 where work performed is not in accordance with applicable city
specifications.
(6) 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.
(7) 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 article.
Sec. 14.03.201 Right -of -Way Permit application; permit contents.
(a) General to all Right -of -Way Permits.
(1) No person, agency, network provider, or public infrastructure contractor shall
install any facilities or other encroachment 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.
(2) If the project lies within a Highway Right -of -Way, the applicant must provide
evidence of a permit from the State or Federal Government at the time of
application.
(3) 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
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accordance with State of Texas 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 14.03.200(b).
(4) Each application for a permit shall be submitted using the required form, which
may be obtained from the engineering department or building inspections
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 does not imply that the city has concluded that the applicant completed
the proper application. The application shall disclose if the applicant proposes
that the facilities will be located in: a historic district; within 300 feet of a
historic site or structure or Historic Landmark recognized by the City, state or
federal government; within a municipal park; within a residential district; or in
an area that has undergrounding requirements. The agency, network
provider, or public infrastructure contractor requesting a permit shall provide
the city with documentation in the format specified by the building inspections
or engineering department. The application is not complete unless it contains
all information required on the application form and any supplemental
materials provided by the engineering or building inspections departments.
The applicant shall provide detailed drawings, with calculations to show strict
conformity to the size limitations in this ordinance. 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.
(5) New residential service connections do not require a permit under this article.
However, a building permit may be required from the building inspections
department. An agency or public infrastructure contractor must inquire with the
Planning and Community Development Department as to whether a permit is
required for such service connections.
(a) Maintenance or replacement of existing service connections that requires
excavation will require a permit under this article.
(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 Ordinance, the
Zoning Ordinance, the Design Manual for Installation of Network Nodes and
Node Support Poles, or other law or regulation, as applicable.
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(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) 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 City Engineering Department by telephone
at least 48 hours before work begins under the permit.
(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 infrastructure contractor.
b. Application for a standard right-of-way permit shall be made no less than
two (2) City of Beaumont working 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
(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
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shall notify the engineering department no later than the next business day by
telephone, fax, or e-mail when an emergency permit is required. A permit
application for.the proper permit under this section must be submitted 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 via fax 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 article.
(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 transportation facilities, network nodes, or network node support
poles.
b. Fees are $500 per application covering up to five network nodes, $250 for
each additional network node per application, and $1,000 per application for
each pole.
c. Network providers may obtain transportation service from a person or entity
occupying the public right-of-way with their written permission for the specific
address.
d. A small cell maintenance permit is required unless the exception in Section
14.03.200(b)(2) applies.
e. 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 the 10th day after the
date of receipt of an application for a permit for a transportation facility, the
city shall determine whether the application is complete and notify the
applicant of that determination. If the municipality determines that the
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application is incomplete, the city shall specifically identify the missing
information in the notification to the applicant.
f. Not later than the 150th day after the date of receipt of a complete
application for a node support pole, the city must approve or deny the
application. Not later than the 60th day after the date of receipt of a
complete application for a network node, the city must approve or deny the
application. Not later than the 21St day after the date of receipt of a
complete application for a transport facility, the city must approve or deny
the application. If the city does not approve or deny within these deadlines,
an application for a permit for a node support pole, network node, or
transport facility shall be deemed approved.
g. 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.
h. Not later than the 30th day after the date the municipality 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 (c), the city shall approve or deny the revised
completed application after a denial not later than the 90th day after the date
the municipality receives the completed revised application. The cities
review of the revised application is limited to the deficiencies cited in the
denial application.
(d) Denial, suspension, or revocation of a permit.
(1) Denial of a permit. A permit may be denied for any one (1) of the following
reasons:
a. The proposed activity will substantially interfere with vehicular or pedestrian
traffic and no procedures, or procedures which are inconsistent with this
article, have been implemented to minimize the interference.
b. 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.
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c. 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.
d. 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.
e. The agency, network provider, or public infrastructure contractor:
1. Does not have liability insurance as required by section 14.03.203;
2. Has consistently failed to perform in accordance with the requirements
of this article;
3. Has failed to furnish all of the information required by this article or,
except for good cause shown, to file the applications within the time
prescribed by this article;
4. Has misrepresented or falsified any information in the applications;
5. Has failed to comply with the performance warranty/guarantee as
provided in this article;
6. Has outstanding debts to the city; or
7. Is not in compliance with applicable requirements of an existing permit
issued under this article.
f. The agency, network provider, or public infrastructure contractor requests to
cut a city -maintained street that can be crossed by jacking, boring or
tunneling.
g. There is a lack of available space.
h. Failure to comply with requirements of the design manual.
(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 (d)(1) or for the following reasons and subject to the procedural
guidelines noted in this ordinance and any agreement that applies to the
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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.
e. Violating any provision of this article.
(3) Automatic revocation of a permit. If no work has begun on a network node
permit within six months of final approval of the permit, or within thirty days of
final approval for a standard right-of-way permit, the permit shall be void, and a
new permit shall be required.
(4) Extension of a permit. 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.
(5) 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. A permit that has been denied or revoked may be issued or
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
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b. The health or safety of the public is not jeopardized by reinstating or issuing
the permit.
(6) An agency or public infrastructure contractor may appeal a permit denial,
suspension, or revocation in accordance with the provisions of section 19-68 of
this article.
(7) Any variance from the requirements of this article must be approved in advance
by the city engineer. The city engineer may grant a variance only if an extreme
hardship exists and the public health, safety, welfare, and convenience is not
adversely affected by granting the variance. The city engineer may not approve
any variance that would give a competitive advantage to one (1) agency over
another agency providing the same or similar service. The city engineer may
not grant a variance from the indemnity requirements of section 14.03.205.
Sec. 14.03.202 Appeals.
(a) Applicability. Appeals may be filed pursuant to this section related to interpretations
of this ordinance or decisions of the city engineer related to the final denial,
suspension, or revocation of a permit. However, the appeal process provided by this
section shall not be available for criminal violations of this article.
(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) working 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 article.
(c) Issuance of decision by city manager. Decisions of the city manager shall be issued
within ten (10) working days of receipt of the written appeal. Decisions of the city
manager shall be final.
Sec. 14.03.203 Insurance requirements.
(a) Agencies. Each agency, network provider or public infrastructure contractor
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.
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(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) The method for proof of insurance is a certified copy of the insurance policy.
(c) 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.
(f) 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,
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through the city's risk manager. 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.
(i) The policy clause "other insurance" shall not apply to the city.
(j) 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) 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. 14.03.204 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 manner acceptable to the city and warrants and
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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 article 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 Indemnification.
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,
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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. 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. 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. 14.03.206 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 and reasonable 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.
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(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
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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) days after being applied.
(d) Underground construction and use of poles.
(1) If required by the subdivision ordinance of the city or the comprehensive zoning
ordinance as it relates to overlay districts or when required by general
ordinances, deed restrictions, regulations or rules of the city or applicable state
or federal law, agency's, network provider's, or public infrastructure contractor's
new facilities shall be placed underground at agency's, or network provider's or
public infrastructure contractor's expense. Placing facilities underground does
not preclude the use of otherwise acceptable ground -mounted appurtenances.
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, and
related ground equipment at such location will be revoked 90 days after the
designation, with removal of said facilities and related ground equipment at
such location within 90 days of such designation, or as otherwise reasonably
allowed by the city for the transition of other overhead facilities.
(2) Facilities shall be maintained in an appropriate manner.
(3) 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
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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 City of
Beaumont Erosion and Sediment Control Manual, as amended, and in accordance
with Exhibit 5.
(h) On-site requirements. Agencies, network providers and public infrastructure
contractors subject to this article 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.
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(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) 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.
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(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. 14.03.209 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: 7AM to 4PM
Monday through Thursday, 7AM 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
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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 article. 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 removal of any trees within a
historic district having a diameter at breast height greater than 24" shall require the
approval of the Historic Landmark Commission. 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 calendar days following the date of substantial
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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 manager.
(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.
(1) Ownership. No part of any facilities placed on the right-of-way pursuant to this
ordinance 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 ordinance 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 ordinance.
Sec. 14.03.210 Facility size and locations.
(a) Location in Right of Way, new development. All facilities in new developments shall
be located in accordance with Exhibits 1, 2, 3 and 4, 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
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infrastructure contractors working under city permit, but also to all city agencies
whose routine business requires the installation, repair or relocation of utilities.
(b) 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. Poles located in medians must be constructed of steel or concrete, or
other material approved by the City Engineer.
(c) Location in Right of Way, generally. Facilities and related ground equipment shall
be placed within two feet from the outer edge of the Right -of -Way line and three 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.
(d) Pole Height. New poles or modified utility poles may not exceed the lesser of:
(1) 10 feet in height above the tallest existing utility pole located within 500 linear
feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
(e) Pole Spacing. New poles shall be shall be spaced apart from existing utility poles
or node support poles at the same as the spacing between utility poles in the
immediate proximity, but no less than at a minimum 300 feet from a utility pole or
another node support pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on property values and aesthetics on the area. To maximize
the line of sight at street corners and intersections and to minimize hazards at those
locations, all new poles and ground equipment must be 250 feet or more from each
street corner or street intersection.
(f) Height of Equipment mounted on Poles. Pole mounted facilities shall be installed at
least eight (8) feet above the ground, 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 the ground.
(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 feet.
(h) Size of pole mounted equipment. Pole mounted enclosures may not be taller than
five 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
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switches, cut-off switches and vertical cable runs for the connection of power and
other services.
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 feet above the
existing structure or poles; and may not protrude from the outer circumference of
the existing structure or pole by more than two 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 feet above the existing
structure or pole; and may not protrude from the outer circumference of the existing
structure or pole by more than two feet. 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; or protrude from the outer circumference of the
existing pole or structure by more than two feet.
(i) Limitation on Equipment on Poles. There shall be no more than one network node
apparatus or antenna on any one pole.
Q) Private pole owner permission. Network providers must have written approval of the
utility pole owner for each specific poles and location on such pole.
(k) 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.
(1) Existing telephone or electrical lines between existing utility poles. Micro network
nodes shall only be lashed on existing telephone or electrical lines between existing
utility poles and not place on utility poles, node support poles or service poles.
(m) Prohibition on Overhead Facilities. Facilities may not be installed overhead in a
public right-of-way if the public right-of-way is in a municipal park or is adjacent to a
street or thoroughfare that is within a minor residential street and is in an area
zoned residential or restricted to residential use by deed restrictions.
(n) Municipal Service Poles.
1. In accordance with Agreement: Installations on all Service Poles is restricted to
network providers and shall be in accordance with an agreement as allowed by
Chapter 284, Sec. 285.056 and Sec. 284.101(a)(3), and (b).
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2. 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, in accordance with Chapter
284.108.
3. Height of attachments: All attachments on all Service Poles shall be at least 8
feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2). 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 the ground.
4. 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, and must be in accordance with an agreement as allowed by
Texas Local Government Code, Chapter 284, Sec. 285.056 and Sec. 284.101 (a)
(3), and (b). Location on signal arms is prohibited. Installation of Network Node
facilities on any traffic signal structures shall:
i. Be encased in. a conduit separate from the traffic light electronics;
ii. Have an electric power connection separate from the traffic signal structure;
and
iii. Have an access point separate from the traffic signal structure.
5. Installations on Street signage: Installations on all street signage structures must
not interfere with the integrity of the facility in any way that may compromise the
safety of the public. Installation of Network Node facilities on any street signage
structures that has electronic equipment shall:
i. Be encased in a conduit separate from any City signage electronics;
ii. Have an electric power connection separate from the signage structure;
iii. Have an access point separate from the signage structure.
(o) Ground Equipment, parks. For the safety of municipal park patrons, particularly
small children, and to allow full line of sights near municipal park property, no
ground equipment may be installed in a right-of-way that is within a park or within
250 feet of the boundary line of a park, unless approved by the Parks Director in
writing.
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(p) 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 300 feet already
occupies a footprint of 25 sq. ft. or more to minimize effect on property values and
aesthetics on the area.
(q) Ground enclosure size. Ground based enclosures for network nodes, separate
from the pole, may not be higher than three feet six inches from grade, wider than
three feet six inches, or deeper than three feet six inches for network node permits
and shall be no larger than six feet wide by four feet two inches high by two feet
deep for standard right-of-way permits. For standard permit holders, ground based
enclosures shall be no larger than six feet wide by four feet two inches high by two
feet deep. Any larger facilities must be placed on private property and comply with
all requirements of the City's Building Code, including receipt of a building permit
prior to installation.
(r) Concealment and enclosure, generally. 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 ground
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. 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.
(s) Historic District criteria. Stealth or camouflage of facilities and poles shall be
required by the city in design districts, in historic districts, and within 300 feet of a
historic site or structure or historic landmark recognized by the City, state or federal
government. Applications for placement of facilities in a historic district must include
proposed stealth or camouflage measures. The City Planning Director will review
and determine the suitability of the proposed concealment or camouflage measures
as part of the right-of-way permit review process, based upon criteria in this
ordinance and the design manual.
(t) Colors in Historic Districts. Colors in historic districts must be in accordance with the
City of Beaumont Design Guidelines. Colors in design districts must be approved
by the City Planning Director in accordance with the design manual. Colors in
areas other than in Historic Districts shall conform to colors of other installations of
telecommunication providers in the immediately adjacent areas.
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(u) Temporary utilities. Temporary utilities may be located in non-standard locations.
Subsection (a) above shall govern, if applicable.
(v) 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 nondiscriminatory applicable codes;
4. violate or conflict with this ordinance or the Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
(w) City infrastructure, radio. Facilities are not allowed on the City's public safety radio
infrastructure.
(x) Compliance with all laws. Agencies, network providers, and infrastructure
contractors shall comply with all applicable city, state, and federal historic
preservation laws and requirements.
Sec. 14.03.211 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) working 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
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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, 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 article.
Sec. 14.03.212 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.
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(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 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
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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.
(5) 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. 14.03.213 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
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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) 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 cleanup 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
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may complete the work and bill the agency, network provider, or public
infrastructure contractor for the repairs performed by the city.
Sec. 14.03.214 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.
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Sec. 14.03.215 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 changes in 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 14.03.200(b)(2).
(d) If the agency, network provider or public infrastructure contractor fails to remove or
relocate its facilities as requested within 90 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 30 days following issuance of invoice for the same,
reimburse the city for its reasonable expenses incurred in the removal (including,
without limitation, overhead and storage expenses) of the facilities.
Sec. 14.03.216 Abandonment and removal of facilities.
(a) If a registration is not renewed, and subject to sixty (60) 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 ordinance, 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 or GPS coordinates of any pole, a date of
discontinuance of use, which date shall not be less than thirty (30) 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
Page 44 of 46
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
ordinance. 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) 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."
Section 2.
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 3.
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.
Page 45 of 46
Section 4.
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 municipality under any
section or provisions at the time of passage of this ordinance.
Section 5.
This Ordinance shall become effective immediately upon its passage and
publication as required by law.
Section 6.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
August, 2017.
- Mayor Becky Ames -
ATTEST:
Tina Broussard, City Secretary
APPROVED AS TO FORM:
Tyrone E. Cooper, CITY ATTORNEY
Page 46 of 46
2
August 28, 2017
Consider approving a Design Manual and a Pole Attachment Agreement regulating
the installation of network nodes and node support facilities on City service and utility poles
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: August 28, 2017
REQUESTED ACTION: Council consider an ordinance approving a Design Manual and a
Pole Attachment Agreement regulating the installation of network
nodes and node support facilities on City service and utility poles.
BACKGROUND
The 85th Legislature, sitting in regular session, passed Senate Bill 1004 enacting a new Chapter
284 of the Texas Local Government Code. The legislation, in general, grants wireless network
providers access to public rights-of-way to install small cell network nodes to poles and
structures in the public right-of-way. The effective date of this legislation is September 1, 2017.
The State has delegated to each municipality the fiduciary responsibility to manage the public
right-of-way for the health, safety and welfare of the public. In order to do so, in light of this
new legislation, the City needs to have right-of-way management regulations and design criteria
adopted prior to the effective date of the legislation.
The ordinance proposes the adoption of a Design Manual and a Pole Attachment Agreement
regulating the installation of network nodes on City service and utility poles.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE APPROVING A DESIGN MANUAL FOR
THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT
POLES; AND APPROVING A POLE ATTACHMENT AGREEMENT
REGULATING THE INSTALLATION OF NETWORK NODES ON CITY
SERVICE POLES AND UTILITY POLES; DECLARING GOVERNING
LAW; PROVIDING REPEALING AND SAVINGS CLAUSES; PROVIDING
A TEXAS OPEN MEETINGS ACT CLAUSE; AND PROVIDING AN
EFFECTIVE DATE OF SEPTEMBER 1, 2017.
WHEREAS, the City of Beaumont, Texas ("City") recognizes that the State of
Texas has delegated to the City the fiduciary duty, as a trustee, to manage the public
right-of-way for the health, safety, and welfare of the public to Texas municipalities; and
WHEREAS, Chapter 284 of the Texas Local Government Code ("the Code")
allows certain wireless network providers to install in the public rights-of-way their wireless
facilities, described and defined in Section 284.002 of the Code as "Micro Network
Nodes", "Network Nodes", and "Node Support Poles;" and
WHEREAS, as expressly allowed by Section 284.108 of the Code and pursuant
to its police power authority reserved in Sec. 284.301 of the Code, the City desires to
enact a Design Manual by the City of Beaumont, Texas for the Installation of Network
Nodes and Node Support Poles ("the Design Manual") in order to meet its fiduciary duty
to the citizens of the City, and to give assistance and guidance to wireless
telecommunications network providers to assist such companies in the timely, efficient,
safe and aesthetically pleasing installation of technologically competitive equipment; and
WHEREAS, the City Council desires to approve a Pole Attachment Agreement by
which wireless telecommunication network providers may attach and collocate their
Page 1 of 4
network nodes on city service and utility poles subject to the Code, the Design Manual,
and the City Right -of -Way Management Ordinance.
of fact.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL FOR THE CITY OF BEAUMONT, TEXAS THAT:
SECTION 1.
FINDINGS OF FACT
The forgoing recitals are incorporated into this Ordinance as true and correct findings
SECTION 2.
APPROVING DESIGN MANUAL
The City Council hereby approves the Design Manual by the City of Beaumont,
Texas for the Installation of Network Nodes and Node Support Poles, which is attached
hereto as Exhibit "A."
SECTION 3.
APPROVING POLE ATTACHMENT AGREEMENT
The City Council hereby approves the Pole Attachment Agreement, which is
attached hereto as Exhibit "B."
SECTION 4.
GOVERNING LAW
This Ordinance shall be construed in accordance with Chapter 284 of the Texas
Local Government Code ("the Code") to the extent not in conflict with the Constitution and
laws of the United States or of the State of Texas.
Section 5.
REPEALING ALL ORDINANCES IN CONFLICT
All other ordinances or parts of ordinances inconsistent or in conflict herewith, or
to the extent of such inconsistency or conflict are hereby repealed.
Page 2 of 4
SECTION 6.
SAVINGS CLAUSE
The City Council of the City of Beaumont, Texas, does hereby declare that if any
section, subsection, paragraph, sentence, clause, phrase, work or portion of this
Ordinance is declared invalid, or unconstitutional, by a court of competent jurisdiction,
that, in such event that it would have passed and ordained any and all remaining portions
of this Ordinance without the inclusion of that portion or portions which may be so found
to be unconstitutional or invalid, and declare that its intent is to make no portion of this
Ordinance dependent upon the validity of any portion thereof, and that all said remaining
portions shall continue in full force and effect.
SECTION 7.
COMPLIANCE WITH OPEN MEETINGS ACT
It is hereby officially found and determined that the meeting at which this Ordinance
was considered was open to the public as required and that public notice of the time, place
and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551
of the Texas Government Code.
SECTION 8.
EFFECTIVE DATE.
This Ordinance shall become effective upon passage.
SECTION 9.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Page 3 of 4
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of
August, 2017.
ATTEST:
Tina Broussard, City Secretary
Page 4 of 4
- Mayor Becky Ames -
Design Manual by the
City of Beaumont, Texas
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
EXHIBIT "A"
1
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY................................................................................................................ 3
SECTION2. DEFINITIONS..................................................................................................................................................... 3
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK
NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT....................................................7
SECTION 4. GUIDELINES ON PLACEMENT................................................................................................................11
SECTION 5. GENERAL AESTHETIC REQUIREMENTS.............................................................................................15
SECTION 6. ELECTRICAL SUPPLY.................................................................................................................................16
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS...........................................17
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT,
MAINTENANCEAND REPAIR...........................................................................................................................................17
SECTION 9. INSTALLATION AND INSPECTIONS......................................................................................................19
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE,
NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT....................................19
SECTION 11. GENERAL PROVISIONS...........................................................................................................................20
SECTION 12. ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION...................................................23
SECTION 13-19 RESERVED...............................................................................................................................................23
SECTION 20. DESIGN MANUAL - UPDATES...............................................................................................................23
2
SECTION 1. PURPOSE AND APPLICABILITY.
The City of Beaumont, Texas ("City") recognizes that the State of Texas has delegated to
the City the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety,
and welfare of the public to Texas municipalities.
Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install
in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code,
Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support
Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design
Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and
guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284
This Design Manual shall apply to any sitings, installations, collocations in, on, over or
under the public rights-of-way of Network nodes, Node support poles, Micro network nodes,
Distributed Antenna Systems, microwave communications or other Wireless Facilities, by
whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant
to an agreement as agreed to and consented to by the City in its discretion, or installed as may
otherwise be allowed by state law.
City Rights -of -Way Management Ordinance: A Network Provider shall comply with the
City's Rights -of -Way Management Ordinance except where in conflict with this Design Manual
or Chapter 284, Subchapter C.
SECTION 2. DEFINITIONS.
The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual, unless otherwise noted in this Section 2, below.2
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 than 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.
3
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.
City means the City of Beaumont, Texas or its lawful successor.
City Council means the municipal governing body of the City of Beaumont, Texas.
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
City Manager means the City Manager for the City of Beaumont, Texas, or designee.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into
the surrounding environment and is visually unobtrusive as allowed as a condition for City advance
approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or
Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to
the surrounding area in which the Wireless Facility or Pole is located and may include, but is not
limited to hidden beneath a fagade, blended with surrounding area design, painted to match the
supporting area, or disguised with artificial tree branches.
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and
on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or are
permitted to be placed according to nondiscriminatory municipal codes.
Design District means an area that is zoned, or otherwise designated by municipal code, and for
which the city maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
Disaster emergency or disaster or 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."
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.
0
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 district under
municipal, state, or federal law.
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.
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.
Micro network node means a network node that is not larger in dimension than 24 inches in length,
15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer
than 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.
Municipally 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 collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower
5
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.
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.
Pole means a service pole, municipally 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 right-of-way means the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term
does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter 284,
Subchapter C.
SCADA or Supervisory Control and Data Acquisition systems means a category of software
application programs and hardware used by the City for 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 municipally owned utility pole, owned or operated by a
municipality 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 a municipality and supporting only
network nodes.
Small cell shall be included as a type of "Network Node."
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.
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 means 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 other public 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 pole means a pole 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 Chapter 284, Section 51.002,
Utilities Code.
Wireless service means any service, using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider means a person that provides wireless service to the public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles"
as defined in Texas Local Government Code Chapter 284.
7
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK
NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT.
A. Prohibited or Restricted Areas for Certain Wireless facilities, except with
Separate City Agreement or Subject to Concealment Conditions.
1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104
(a), a Network Provider may not install a Node Support Pole in a public right-of-way without the
City's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a
Municipal park or is adjacent to a street or thoroughfare that is:
a. not more than 50 feet wide of paved street surface, being the area measured as the
shortest distance between the inside of the curb to the inside of the opposite curb, or the area
measured as the shortest distance between the two parallel edges of the paved roadway for
vehicular travel where there is no curb; and
b. adjacent to single-family residential lots or other multifamily residences or undeveloped
land that is designated for residential use by zoning or deed restrictions.
1.1 In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a
Network Node or Node Support Pole in a public right-of-way described above shall comply with
private deed restrictions and other private restrictions in the area that apply to those facilities.
1.2 Each permit application shall disclose if it is within a Municipal Park and Residential
Areas as described above.
2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105,
a Network Provider must obtain advance written approval from the City before collocating
Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in
an area of the City zoned or otherwise designated as a Design District or Historic District.
2.1. As a condition for approval of Network Nodes or Node Support Poles in Design
Districts with Decorative Poles or in a Historic District, the City shall require reasonable design
or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request
for installations in a Design District with Decorative Poles or in a Historic District, must be
accompanied with proposed Concealment measures in the permit applications.
2.2. The City request that a Network Provider explore the feasibility of using Camouflage
measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground
equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the
aesthetics in Design Districts or in an Historic District.
2.3. A Network Provider shall comply with and observe all applicable City, State, and
federal historic preservation laws and requirements.
2.4. Each permit application shall disclose if it is within a Design District with Decorative
Poles or in an area of the City zoned or otherwise designated as a Design District or Historic
District.
3. Historic Landmarks. A Network Provider is discouraged from installing a Network
Node or Node Support'Pole within 300 feet of a historic site or structure or Historic Landmark
recognized by the City, state or federal government (see, for example, and not limited to
§442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission
of the permit. It is recommended that each permit application disclose if it is with 300 feet of such
a structure.
4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec.
284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements,
including municipal ordinances, zoning regulations, state law, private deed restrictions, and other
public or private restrictions, that prohibit installing aboveground structures in a public right-of-
way without first obtaining zoning or land use approval.
4.1 Areas may be designated from time to time by the City as Underground Requirement
Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may
be allowed by law.
4.2 Each permit application shall disclose if it is within an area that has undergrounding
requirements.
B. Least preferable locations.
1. Residential Areas and Parks. A Network Provider is discouraged from installing a
Network Node on an existing pole in a public right-of-way without written consent from the City
Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is
adjacent to a municipal park or single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning or deed restrictions.
1. In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a
Network Node or a Node Support Pole in a public right-of-way shall comply with private deed
restrictions and other private restrictions in the area that apply to those facilities.
2. Historic Districts and Design Districts. A Network Provider is discouraged from
installing a Network Node or a Node Support Pole in the public right-of-way in any area designated
by the City as a Design Districts or in an area of the City zoned or otherwise designated as a
Historic District unless such a Network Node or a new Node Support Pole is camouflaged.
C. Most preferable locations
1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District
or Design District.
2. Highway Rights -of -Way areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
M
3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area,
Historic District or Design District.
D. Designated Areas.
1. The City Council may designate an area as a Historic District or a Design District under
Chapter 284.105 at any time.
2. The failure to designate an area in this Chapter shall not mean that such an area is not
within a defined district, if so designated by the City Council. Future areas may be designated as
one of these Districts at any time. Such a designation does not require a zoning case.
3. While not required under Chapter 284 to designate Underground Compliance Areas to
prohibit above ground Wireless facilities, the City may also, from time to time, also designate
Underground Compliance Areas.
E. Exceptions
The City by its discretionary consent and agreement may grant exceptions to the above
prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
F. Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles.
1. Existing telephone or electrical lines between existing utility poles. Micro Network
Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles
(electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole
Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles.
2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support
facility for Network Nodes and related ground equipment.
3. Municipal Service Poles:
a. Non -decorative street lights with a height of more than 20 feet.
b. Traffic signal structures when such installation will not interfere with the
integrity of the facility and will not interfere with the safety of public and in accordance
with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and
(b)•
c. Street signage shall be a low priority use for attachment of a Network Node.
d. Other municipal Service pole use is discouraged.
4. New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
5. Ground Equipment. Ground equipment should be minimal and the least intrusive.
10
SECTION 4. GUIDELINES ON PLACEMENT.
A. Generally.
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
way;
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the City's publicly disclosed public right-of-way
management ordinance or this Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
B. General Requirements and Information:
1. Size Limits. Network Providers shall provide detailed drawings, with calculations
to show strict conformity to the size limitations as set forth in Chapter 284, in accordance
with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec.
284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each
application and with each request for a permit for each location.3
2. State and Federal Rights-of-way permit. If the project lies within a Highway
Right -of -Way, the applicant must provide evidence of a permit from the State or Federal
Government.
Confirmation of non-interference with City Safety Communication or SCADA
Networks.
a. The Network Provider needs to provide analysis that the proposed
network node shall not cause any interference with City public safety radio system,
traffic signal light system, SCADA system, or other city safety communications
components in accordance with Chapter 284, Sec. 284.304.
b. It shall be the responsibility of the Network Provider to evaluate, prior to
making application for permit, the compatibility between the existing City
infrastructure and Provider's proposed Network Node. A Network Node shall not
be installed in a location that causes any interference. Network Nodes shall not be
allowed on City's public safety radio infrastructure.
4. Improperly Located Network Node facilities, Node Support Poles and related
ground equipment:
a. Improperly Located Network Node facilities, Node Support Poles and
related ground equipment shall not impede pedestrian or vehicular traffic in the
Right -of -Way. If any Network Node facilities, Node Support Poles or ground
equipment is installed in a location that is not in accordance with the plans approved
by the City Administrator and impedes pedestrian or vehicular traffic or does not
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comply or otherwise renders the Right -of -Way non-compliant with applicable
Laws, including the American Disabilities Act, then Network Provider shall
promptly remove the Network Node facilities, Node Support Poles or ground
equipment.
b. Notice to Remove unauthorized facilities and relocate and penalty: After 30 days'
notice to remove of Network Node facilities, Node Support Poles or ground equipment that
is located in the incorrect permitted location, if not relocated the Network Provider shall
be subject to a penalty of $500.00 per day penalty until the Network Node facilities, Node
Support Poles or ground equipment is relocated to the correct area within the permitted
Location, regardless of whether or not the Network Provider's contractor, subcontractor,
or vendor installed the Network Node facilities, Node Support Poles or ground equipment
in strict conformity with the City Rights-of-way management ord., and other applicable
ordnances concerning improperly located facilities in the rights-of-way.
C. Underground Requirement Areas.
1. In accordance with Chapter 284.107, a Network Provider shall, in relation to
installation for which the City approved a permit application, comply with
nondiscriminatory undergrounding requirements, including municipal ordinances, zoning
regulations, state law, private deed restrictions, and other public or private restrictions, that
prohibit installing aboveground structures in a public right-of-way without first obtaining
zoning or land use approval.
2. If a location is designated by the City to transits to be an Underground
Requirement Area, then a Network Provider's permit for the location of the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at such location
will be revoked 90 days after the designation, with removal of said the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at such location
within 90 days of such designation, or as otherwise reasonably allowed by the City for the
transition of other overhead facilities.
3. Before commencing underground installation, 811 Dig Tess must be called so
that the area can be flagged for underground utilities.
D. Network Node facilities placement:
1. Right -of -Way: Network Node facilities, Node Support Poles and related ground
equipment shall be placed, as much as possible, within two feet of the outer edge of the
Right -of -Way line to minimize any obstruction, impediment, or hindrance to the usual
travel or public safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if
a Network Node attachment is projecting toward the street, for the safety and protection
of the public and vehicular traffic, the attachment shall be installed no less than sixteen
(16) feet above the ground.
3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C) and See. 284.003 (a) (3) (B) no protrusion from the outer circumference
of the existing structure or pole shall be more than two (2) feet.
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4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
E. New Node Support Poles.
1. New Node Support Poles Spacing. New node support poles shall be spaced apart
from existing utility poles or Node Support poles at the same as the spacing between utility
poles in the immediate proximity, but no less than at a minimum 300 feet from a utility
pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on property values and aesthetics on the area.
2. Height of Node Support Poles or modified Utility Pole. In accordance with
Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed
the lesser of
a. 10 feet in height above the tallest existing utility pole located within 500
linear feet of the new pole in the same public right-of-way; or
b. 55 feet above ground level.
F. Ground Equipment.
1. Ground Equipment near street corners and intersections: Ground equipment
should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to
minimize any obstruction, impediment, or hindrance to the usual travel or public safety on
a public right-of-way the maximum line of sight required to add to safe travel of vehicular
and pedestrian traffic and in order to maximize that line of sight at street corners and
intersections and to minimize hazards at those locations, ground equipment may not be
installed within 250 feet of a street corner or a street intersection.
2. Ground Equipment near Municipal Parks. For the safety of Municipal park
patrons, particularly small children, and to allow full line of sights near Municipal park
property, the Network Provider shall not install Ground Equipment in a Right -of -Way that
is within a Park or within 250 feet of the boundary line of a Park, unless approved by the
City Manager, or his designee, in writing.
3. Minimize Ground equipment density:
In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety
requirements of line of sight of pedestrians, particularly small children, the City Manager,
or designee, may deny a request for a proposed Location if the Network Provider installs
Network Node ground equipment where existing ground equipment within 300 feet already
occupies a footprint of 25 sq. ft. or more.
4. Water, Sewer and Storm Drainage Lines:
- Special precautions must be taken where underground fiber optic cable is installed
in public street right-of-ways commonly used for utility corridors.
a. Underground utilities and service connections must be identified prior to
excavation. "Dig Alert," "One Call," or similar underground utility
contractor must be contacted to identify the locations of subsurface utilities.
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b. If temporary disruption of service is required, the installation contractor
must notify the City, the service provider, and customers at least 24 hours
in advance. No service on such lines may be disrupted until prior approval
from the City and the service provider.
c. At locations where the fiber optic cable will cross other subsurface utilities
or structures, the cable must be installed to provide a minimum of 12 inches
of vertical clearance between it and the other subsurface utilities or
structures, while still maintaining the other applicable minimum depth
requirement. To maintain the minimum depth requirement, the cable must
be installed under the existing utility. If the minimum 12 -inch clearance
cannot be obtained between the proposed cable facility and the existing
utility, the fiber optic cable must be encased in steel pipe of avoid future
damage.
d. Existing Water Lines: No communication lines shall be placed on top of a
water line but may be placed to the side of a water line at least 4 feet from
the center line of the water line. When crossing a water line, a 12 -inch
vertical or horizontal clearance must be maintained. Poles must be at least
3 feet from a water line.
e. Existing Sewer Lines: No communication lines shall be placed on top of a
sewer line but may be placed to the side of a sewer line at least 4 feet from
the center line of the sewer line. When crossing a sewer line, a 12 -inch
vertical or horizontal clearance must be maintained. Poles must be at least
3 feet from a sewer line.
f. Existing Storm Drainage Lines: No communication lines shall be placed on
top of a storm drainage line but may be placed to the side of a storm drainage
line at least 4 feet from the center line of the storm drainage line. When
crossing a storm drainage line, a 12 -inch vertical or horizontal clearance
must be maintained. Poles must be at least 3 feet from a storm drainage
line.
5. Blocking streets, roads, alleys or lanes:
Texas Department of Transportation (TxDOT) standards must be followed for work
zone areas that will block streets, roads, alleys or lanes. A traffic plan must be submitted
to the City prior to construction.
G. Municipal Service Poles:
1. In accordance with Agreement: Installations on all Service Poles shall be in
accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101
(a) (3), and (b).
2. Required industry standard pole load analysis: Installations on all Service Poles
shall have an industry standard pole load analysis completed and submitted to the
municipality with each permit application indicating that the Service Pole to which the
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Network Node is to be attached will safely support the load, in accordance with Chapter
284.108.
3. Height of attachments: All attachments on all Service Poles shall be at least 8
feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a
Network Node attachment is projecting toward the street, for the safety and protection of
the public and vehicular traffic, the attachment shall be installed no less than sixteen (16)
feet above the ground.
4. 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 and must be in accordance with an agreement as allowed by Chapter 284, Sec.
285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any
traffic signal structures shall:
a. Be encased in a separate conduit than the traffic light electronics;
b. Have a separate electric power connection than the traffic signal
structure; and
c. Have a separate access point than the traffic signal structure; and
5. Installations on Street signage: Installations on all street signage structures must
not interfere with the integrity of the facility in any way that may compromise the safety
of the public. Installation of Network Node facilities on any street signage structures that
has electrics shall:
a. Be encased in a separate conduit than any City signage electronics;
b. Have a separate electric power connection than the signage structure;
c. Have a separate access point than the signage structure; and
6. Restoration of City facilities and private property: The Network Provider shall
be responsible for repairing any damage to any street, street right-of-way, ditch or any
structure to its original condition immediately upon completing the installation. Any
change to the slope of the land must be remedied, and there must be replacement of top
soil and grass to its original condition.
SECTION 5. GENERAL AESTHETIC REQUIREMENTS
A. Concealment.
1. Concealment of Network Nodes and Node support poles shall be required by the City in
Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105.
2. It is also the City's preference that all new node support poles be camouflaged, except
those located in an area zoned or predominantly industrial area. Companies shall submit their
proposal for camouflage with the permit application.
3. The Network Node 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 to the extent possible in strict accordance with the
15
City's rights-of-way management ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284.
4. The Network Node facilities shall be concealed or enclosed as much as possible in an
equipment box, cabinet, or other unit that may include ventilation openings. External cables and
wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and
not visible or visually minimized to the extent possible, except to the extent not consistent with
Chapter 284.
B. New Node Support Pole Spacing.
New node support poles shall be at a minimum 300 feet from a utility pole or another Node
Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on
property values and aesthetics on the area.
C. Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, and in accordance
with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of
pedestrians, particularly small children, the City's designee may deny a request for a proposed
Location if the Network Provider installs Network Node ground equipment where existing ground
equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on
property values and aesthetics on the area.
D. Allowed Colors.
1. Colors in Historic Districts and Design Districts must be in strict accordance with the
City's rights-of-way management ordinance, and other applicable ordinances, except to the extent
not consistent with Chapter 284
2. Colors in Historic Districts and Design Districts must be approved by the City Manager,
or his designee, from a palette of approved colors. Unless otherwise provided, all colors shall be
earth tones or shall match the background of any structure the facilities are located upon and all
efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic
Districts and Design Districts shall conform to colors of other installations of telecommunication
providers in the immediately adjacent areas.
SECTION 6. ELECTRICAL SUPPLY
A. Network Provider shall be responsible for obtaining any required electrical power
service to the Micro Network Node, Network Node facilities, Node Support Poles and ground
equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of
electrical power furnished to the Micro Network Node, Network Node facilities, Node Support
Poles or ground equipment, including without limitation, stoppages or shortages caused by any
act, omission, or requirement of the public utility serving the structure or the act or omission of
any other tenant or Network Provider of the structure, or for any other cause beyond the control of
the City.
B. Network Provider shall not allow or install generators or back-up generators in the
Public Right -of -Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
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SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.
A. Insurance, bonding and security deposits shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
B. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR
A. REMOVAL OR RELOCATION BY NETWORK PROVIDER.
1. Removal and relocation, by the Network provider of its Micro Network Node, Network
Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in
strict accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284
2. If the Network Provider removes or relocates a Micro Network Node, Network Node
facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the
City Manager, or his designee, in writing not less than 10 business days prior to removal or
relocation. Network Provider shall obtain all Permits required for relocation or removal of its
Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment
prior to relocation or removal.
3. The City shall not issue any refunds for any amounts paid by Network Provider for Micro
Network Node, Network Node facilities, Node Support Poles or related ground equipment that
have been removed.
B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT.
1. Removal and Relocation of Network Provider's Micro Network Node, Network Node,
Node Support Pole or related ground equipment, or portion thereof required for a City project shall
be in strict accordance with the City's rights-of-way management ordinance, and other applicable
ordinances, except to the extent not consistent with Chapter 284, Sec. 284.107, except as provided
in existing state and federal law.
2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and
federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node,
Node Support Pole and related ground equipment in a public right-of-way in a timely manner and
without cost to the City managing the public right-of-way
3. Network Provider understands and acknowledges that the City may require Network
Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and
related ground equipment, or any portion thereof from the Right -of -Way for City construction
projects as allowed by state and federal law, including the common-law. .
4. Network Provider shall, at the City Manager's, of his designee's, direction, remove or
relocate the same at Network Provider's sole cost and expense, except as otherwise provided in
existing state and federal law, whenever the City Mayor reasonably determines that the relocation
or removal is needed for any of the following purposes: Required for the construction, completion,
17
repair, widening, relocation, or maintenance of, or use in connection with, any City construction
or maintenance project of a street ort public rights-of-way to enhance the traveling public's use for
travel and transportation.
5. If Network Provider fails to remove or relocate the Micro Network Node, Network Node,
Node Support Pole or related ground equipment, or portion thereof as requested by the City Mayor
within 90 days of Network Provider's receipt of the request, then the City shall be entitled to
remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment,
or portion thereof at Network Provider's sole cost and expense, without further notice to Network
Provider.
6. Network Provider shall, within 30 days following issuance of invoice for the same,
reimburse the City for its reasonable expenses incurred in the removal (including, without
limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node
Support Pole or related ground equipment, or portion thereof.
C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER
REASONS.
1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or
relocate the applicable Micro Network Node, Network Node, Node Support Pole and related
ground equipment within the time frame and in the manner required by the City Manager, or his
designee, if the City Manager, or his designee, reasonably determines that the disconnection,
removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole
and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City
property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground
equipment, or portion thereof, is adversely affecting proper operation of streetlights or City
property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications
required by Law for its Micro Network Node, Network Node, Node Support Pole and related
ground equipment, or use of any Location under applicable law in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
2. If the City Manager, or his designee, reasonably determines that there is imminent danger
to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro
Network Node, Network Node, Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
3. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or
relocate the applicable Micro Network Node, Network Node, Node Support Pole and related
ground equipment within the time frame and in the manner required by the City Manager, or his
designee, if the City Manager, or his designee, reasonably determines that the disconnection,
removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole
and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City
property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground
equipment, or portion thereof, is adversely affecting proper operation of streetlights or City
property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications
required by Law for its Micro Network Node, Network Node, Node Support Pole and related
ground equipment, or use of any Location under applicable law. If the City Manager, or his
designee, reasonably determines that there is imminent danger to the public, then the City may
immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node,
Node Support Pole and related ground equipment at the Network Provider's sole cost and expense.
4. The City Manager, or his designee, shall provide 90 days written notice to the Network
Provider before removing a Micro Network Node, Network Node, Node Support Pole and related
ground equipment under this Section, unless there is imminent danger to the public health, safety,
and welfare.
5. Network Provider shall reimburse City for the City's actual cost of removal of Micro
Network Node, Network Node, Node Support Pole and related ground equipment within 30 days
of receiving the invoice from the City.
SECTION 9. INSTALLATION AND INSPECTIONS
A. INSTALLATION.
1. Network Provider shall, at its own cost and expense, install the Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment in a good and
workmanlike manner in strict accordance with the City's rights-of-way management ordinance,
and other applicable ordinances, except to the extent not consistent with Chapter 284
2. Network Provider shall, at its own cost and expense, install the Micro Network Node,
Network Node facilities, Node Support Poles and related ground equipment in a good and
workmanlike manner and in accordance with the requirements promulgated by the City Manager,
or his designee, as such may be amended from time to time. Network Provider's work shall be
subject to the regulation, control and direction of the City Manager, or his designee. All work done
in connection with the installation, operation, maintenance, repair, modification, and/or
replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related
ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and
regulations of the City, applicable county, the state, and the United States ("Laws").
B. INSPECTIONS.
1. The City Manager, or designee, may perform visual inspections of any Micro Network
Node, Network Node, Node Support Pole or related ground equipment located in the Right -of -
Way shall be allowed in strict accordance with the City's rights-of-way management ordinance,
and other applicable ordinances, except to the extent not consistent with Chapter 284
2. The City Manager, or designee, may perform visual inspections of any Micro Network
Node, Network Node, Node Support Pole or related ground equipment located in the Right -of -
Way as the City Manager, or his designee, deems appropriate without notice. If the inspection
requires physical contact with the Micro Network Node, Network Node, Node Support Poles or
related ground equipment, the City Manager, or his designee, shall provide written notice to the
Network Provider within five business days of the planned inspection. Network Provider may have
a representative present during such inspection.
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SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
1. Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and
related ground equipment shall be removed in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
2. Network Provider shall remove Micro Network Node, Network Node, Node Support
Pole and related ground equipment when such facilities are abandoned regardless of whether or
not it receives notice from the City. Unless the City sends notice that removal must be completed
immediately to ensure public health, safety, and welfare, the removal must be completed within
the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related
ground equipment being abandoned or within 90 days of receipt of written notice from the City.
When Network Provider removes, or abandons permanent structures in the Right -of -Way, the
Network Provider shall notify the City Manager, or his designee, in writing of such removal or
Abandonment and shall file with the City Manager, or his designee, the location and description
of each Micro Network Node, Network Node, Node Support Pole and related ground equipment
removed or abandoned. The City Manager, or his designee, may require the Network Provider to
complete additional remedial measures necessary for public safety and the integrity of the Right -
of -Way.
SECTION 11. GENERAL PROVISIONS.
1. As Built Maps and Records. Network Provider's as built maps and records shall be in
strict accordance with the City's rights-of-way management ordinance,, and other applicable
ordinances, except to the extent not consistent with Chapter 284.
1.1 A Network Provider shall maintain accurate maps and other appropriate records of its
Network Node facilities, Node Support Poles and related ground equipment as they are actually
constructed in the Rights -of -Way, including, upon request, the use of Auto CAD/GIS digital
format. Network Provider will provide additional maps to the City upon request.
2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network
provider's personnel, and contractors shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
2.1 A Network Provider shall make citizen satisfaction a priority in using the Right -of -
Way. Network Provider shall train its employees to be customer service-oriented and to positively
and politely interact with citizens when dealing with issues pertaining to its Micro Network Node,
Network Node, Node Support Pole and related ground equipment in the Right -of -Way. Network
Provider's 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,
or designee, Network Provider is not interacting in a positive and polite manner with citizens, he
or she shall request Network Provider to take all remedial steps to conform to these standards.
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3. DRUG POLICY. Drug policy of Network provider's personnel, and contractors in the
public rights-of-way shall be in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284.
3.1 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
Network Provider's employees, contractors, subcontractors, sub -Network Provider's, or vendors
while on City rights-of-way is prohibited.
4. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. The City Council
has currently appropriated no funds to pay for the cost of any removal or storage of Micro Network
Node, Network Node, Node Support Pole and related ground equipment, as authorized under the
law.
5. OWNERSHIP. Ownership of Network Node and related equipment shall be in strict
accordance with the City's rights-of-way management ordinance, and other applicable codes and
ordinances, except to the extent not consistent with Chapter 284.
5.1 No part of a Micro Network Node, Network Node, Node Support Pole and related
ground equipment erected or placed on the Right -of -Way by Network Provider will become, or be
considered by the City as being affixed to or a part of, the Right -of -Way. All portions of the Micro
Network Node, Network Node, Node Support Pole and related ground equipment constructed,
modified, erected, or placed by Network Provider on the Right -of -Way will be and remain the
property of Network Provider and may be removed by Network Provider at any time, provided the
Network Provider shall notify the City Manager, or his designee, prior to any work in the Right -
of -Way.
6. Tree Maintenance. Tree maintenance shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
6.1 A Network Provider, its contractors, and agents shall obtain written permission from
the City Manager, or his designee, before trimming trees hanging over its Micro Network Node,
Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached
Micro Network Node, Network Node, or Node Support Pole. When directed by the City Manager,
or his designee, Network Provider shall trim under the supervision and direction of the City
Manager, or his designee. The City shall not be liable for any damages, injuries, or claims arising
from Network Provider's actions under this section.
7. Signage. Signage shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
7.1 Network Provider shall post its name, location identifying information, and emergency
telephone number in an area on the cabinet of the Network Node 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, or his designee.
7.2 Except as required by law or by the Utility Pole owner, a Network Provider shall not
post any other signage or advertising on the Micro Network Node, Network Node, Node Support
Pole, Service pole or Utility Pole.
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8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
8.1 As soon as practical, but not later than fourteen (14) calendar days from the date
Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its
Micro Network Node, Network Node, Node Support Pole, and related ground equipment located
in the Right of Way. The foregoing shall not relieve the Network Provider from complying with
any City graffiti or visual blight ordinance or regulation.
9. Restoration.
9.1 A Network Provider shall restore and repair of the public rights-of-way from any
damage to the Right -of -Way, or any facilities located within the Right -of -Way, and the property
of any third party resulting from Network Provider's removal or relocation activities (or any other
of Network Provider's activities hereunder) in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
9.2 A Network Provider shall repair any damage to the Right -of -Way, or any facilities
located within the Right -of -Way, and the property of any third party resulting from Network
Provider's removal or relocation activities (or any other of Network Provider's activities
hereunder) within 10 calendar days following the date of such removal or relocation, at Network
Provider's sole cost and expense, including restoration of the Right -of -Way and such property to
substantially the same condition as it was immediately before the date Network Provider was
granted a Permit for the applicable Location or did the work at such Location (even if Network
Provider did not first obtain a Permit), including restoration or replacement of any damaged trees,
shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole,
reasonable approval of the City Manager, or his designee.
10. Network provider's responsibility.
10.1 A Network Provider shall be responsible and liable for the acts and omissions of the
Network Provider's employees, temporary employees, officers, directors, consultants, agents,
Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the
installations of any Micro Network Node, Network Node, Node Support Pole and related ground
equipment, as if such acts or omissions were Network Provider's acts or omissions in strict
accordance with the City's rights-of-way management ordinance, and other applicable ordinances,
except to the extent not consistent with Chapter 284.
10.2 A Network Provider shall be responsible and liable for the acts and omissions of the
Network Provider's employees, temporary employees, officers, directors, consultants, agents,
Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the
installations of any Micro Network Node, Network Node, Node Support Pole, Transport Facility
and related ground equipment, as if such acts or omissions were Network Provider's acts or
omissions.
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SECTION 12. ADMINISTRATIVE HEARING — REQUEST FOR EXEMPTION
12.1 Should the Network Provider desire to deviate from any of the standards set forth in
the Design Manual, the Network Provider may request an Administrative Hearing before a Board
of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for a Request for
Exemption.
12.2 The process for an application, hearing and vote shall follow the process set out for a
variance.
SECTION 13-19 RESERVED
SECTION 20. DESIGN MANUAL - UPDATES
Placement or Modification of Micro Network Node, Network Node, Node Support Pole,
Transport Facility, and related ground equipment shall comply with the City's Design Manual at
the time the Permit for installation or Modification is approved and as amended from time to time.
' Sec. 284.301. LOCAL POLICE -POWER -BASED REGULATIONS. (a) Subject to this chapter
and applicable federal and state law, a municipality may continue to exercise zoning, land use,
planning, and permitting authority in the municipality's boundaries, including with respect to
utility poles.
(b) A municipality may exercise that authority to impose police -power -based regulations
for the management of the public right-of-way that apply to all persons subject to the municipality.
(c) A municipality may impose police -power -based regulations in the management of the
activities of network providers in the public right-of-way only to the extent that the regulations are
reasonably necessary to protect the health, safety, and welfare of the public.
a The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
Design Manual.
Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
(1) "Antenna" means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
(2) "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 this
chapter.
(3) "Collocate" and "collocation" mean the installation, mounting, maintenance,
modification, operation, or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
(4) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed
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informational or directional signage or temporary holiday or special event attachments, have been
placed or are permitted to be placed according to nondiscriminatory municipal codes.
(5) "Design district" means an area that is zoned, or otherwise designated by municipal
code, and for which the city maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic
district under municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
(8) "Macro tower" means a guyed or self -supported pole or monopole greater than the
height parameters prescribed by Section 284.103 and that supports or is capable of supporting
antennas.
(9) "Micro network node" means a network node that is not larger in dimension than 24
inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if
any, not longer than 11 inches.
(10) "Municipally 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.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
(12) "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 collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
(13) "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.
(14) "Node support pole" means a pole installed by a network provider for the primary
purpose of supporting a network node.
(15) "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.
(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or
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utility pole.
(17) "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.
(18) "Public right-of-way" means the area on, below, or above a public roadway, highway,
street, public sidewalk, alley, waterway, or utility easement in which the municipality has an
interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless
telecommunications.
(19) "Public right-of-way management ordinance" means an ordinance that complies with
Subchapter C.
(20) "Public right-of-way rate" means an annual rental charge paid by a network provider
to a municipality related to the construction, maintenance, or operation of network nodes within a
public right-of-way in the municipality.
(21) "Service pole" means a pole, other than a municipally owned utility pole, owned or
operated by a municipality 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 a municipality and supporting
only network nodes.
(22) "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.
(23) "Utility pole" means a pole 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.
(24) "Wireless service" means any service, using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a
network node.
(25) "Wireless service provider" means a person that provides wireless service to the
public.
s Sec. 284.002. DEFINITIONS (8) "Micro network node" means a network node that is not larger
in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an
exterior antenna, if any, not longer than 11 inches.
Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a) Except as provided by
Section 284.109, a network node to which this chapter applies must conform to the following
conditions:
(1) each antenna that does not have exposed elements and is attached to an existing
structure or pole:
(A) must be located inside an enclosure of not more than six cubic feet in volume;
(B) may not exceed a height of three feet above the existing structure or pole; and
25
(C) may not protrude from the outer circumference of the existing structure or pole
by more than two feet;
(2) 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:
(A) must fit within an imaginary enclosure of not more than six cubic feet;
(B) may not exceed a height of three feet above the existing structure or pole; and
(C) may not protrude from the outer circumference of the existing structure or pole
by more than two feet;
(3) the cumulative size of other wireless equipment associated with the network node
attached to an existing structure or pole may not:
(A) be more than 28 cubic feet in volume; or
(B) protrude from the outer circumference of the existing structure or a node
support pole by more than two feet;
(4) ground-based enclosures, separate from the pole, may not be higher than three feet six
inches from grade, wider than three feet six inches, or deeper than three feet six inches;
and
(5) pole -mounted enclosures may not be taller than five feet.
(b) The following types of associated ancillary equipment are not included in the calculation of
equipment volume under Subsection (a):
(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) grounding equipment;
(5) power transfer switches;
(6) cut-off switches; and
(7) vertical cable runs for the connection of power and other services.
(c) Equipment attached to node support poles may not protrude from the outer edge of the node
support pole by more than two feet.
(d) 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.
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TEXAS LOCAL GOVERNMENT CODE CHAPTER 284
POLE ATTACHMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THIS AGREEMENT is made and entered into pursuant to Section 284.056, Section
284.201, and Section 284.301 of the Texas Local Government Code, effective this day of
20by and between the CITY OF BEAUMONT, TEXAS, hereinafter called
"the City", and , hereinafter called "the
Network Provider," and is as follows:
WHEREAS, the Network Provider is a wireless telecommunications network provider as
that term is defined in Section 284.002 of the Texas Local Government Code ("the Code); and
WHEREAS, the City owns certain public rights-of-way with service and or utility poles
within its municipal territorial limits; and
WHEREAS, the Network Provider desires to attach certain Network Nodes, as that term
is defined in Section 284.002 of the Code, on City -owned service poles and/or utility poles; and
WHEREAS, the Network Provider and the City desire to enter into this Agreement to
secure authority from the City for the Network Provider to install certain Network Nodes on such
City poles, subject to the City's Design Manual for the Installation of Network Nodes and Node
Support Poles ("the Design Manual") and the City's Right -of -Way Management Ordinance; and
WHEREAS, this Agreement is entered into pursuant to Chapter 284 of the Texas Local
Government Code, in order to address the desires of the Network Provider and the procedures of
the City; and
WHEREAS, the Network Provider and the City acknowledge that this Agreement is
binding upon the City and the Network Provider and their respective successors and assigns for
the term (defined below) of this Agreement; and
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
1. Location of the City Poles. The Service and/or Utility Poles owned by the City on
which the Network Nodes are to be attached by the Network Provider are generally described as:
Page 1 of 3
EXHIBIT "B"
2. The Network Provider acknowledges that it has received and reviewed the applicable
provisions in the City Design Manual and the Right -of -Way Management Ordinance; and further
acknowledges that this Pole Attachment Agreement is subject to the terms and regulations of
each.
3. The Network Provider agrees to pay the City for collocation of its Network Nodes at the
following annual rates:
a. City Service Poles: $20.00 per year per service pole.
b. City Utilily Poles: An annual pole attachment rate applied on a per -foot basis
consistent with Section 54.024 of the Texas Utilities Code.
4. The City acknowledges that it will comply with the requirements of the Code and that it will
allow the collocation of Network Nodes on the City service and utility poles on a non-exclusive,
nondiscriminatory basis, subject to the Network Provider paying the applicable fees to the City
and complying with the Design Manual and the Right -of -Way Management Ordinance.
5. Pursuant to Section 284.301 of the Texas Local Government Code, the Network Provider
agrees that the City is authorized to enforce all of the City's regulations that do not materially
interfere with the use of Network Nodes.
6. The primary term of this Agreement shall be five (5) years commencing upon the effective
date first set forth above. This Agreement shall be automatically renewed and extended for
subsequent one (1) year terms unless at least sixty (60) days prior to the expiration of the term
either party shall give written notice to the other of the party's intent to terminate the Agreement
at the end of the current term.
7. Any notice required or permitted under this Agreement shall be in writing and shall be
delivered in hand or by registered or certified US mail. Notice to the Network Provider and the
City may be addressed as follows:
Page 2 of 3
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
8. This Agreement may be enforced by Network Provider or City by any proceeding at law or
in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter.
9. If any provision contained in this Agreement is held unconstitutional, invalid or
unenforceable, then the remaining provisions shall be deemed severable and shall remain in full
force and effect.
10. This Agreement shall be governed by the law of the State of Texas and construed in
conformity with the provisions of Texas Local Government Code, Chapter 284. Venue shall lie
in Shepherd, San Jacinto County, Texas.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective
as of the date first set forth above.
CITY OF BEAUMONT, TEXAS
Dated:
Mayor
ATTEST:
City Secretary
NETWORK PROVIDER:
Signature of Authorized Officer
Dated:
Title of Authorized Officer
Page 3 of 3