Item 6C Katherine C Swaller AT&T Services, Inc. T 314 396 3682
Assistant Vice President 1010 Pine katherine.swaller@att.com
.01111PSenior Legal Counsel Room 19E-K-01 att.com
St. Louis,MO 63101
Item 6C
September 13, 2017
VIA EMAIL
Mr. Ken Baker
Senior Director of Planning & Development Services
1400 Main St. Southlake,
TX 76092
kbaker@ci.southlake.tx.us
Re: City of Southlake ROW Ordinance and Design Manual Pursuant to Local
Government Code Chapter 284
Dear Mr. Baker:
I am in receipt of City of Southlake's pending Right of Way Ordinance (Ordinance
No. 1178). AT&T appreciates the opportunity to provide comments as there are a
number of places where the draft Ordinance and Design Manual appear to conflict with
new Chapter 284 of the Local Government Code. AT&T urges close adherence to the
new state law and the public interest. A local ordinance that conflict with applicable law
will stall or deter the deployment of wireless technology and risk disputes that will be a
drain on resources.
Local Government Code Chapter 284
Small cells or DAS technology (referred to as network nodes in the new law)
represent the next evolution of wireless infrastructure. They are a win/win solution for
local governments looking to properly manage the right of way and wireless providers
seeking to improve the network. Small cell nodes density an existing network to meet
the wireless needs of residents, businesses and visitors. These nodes are, by their
nature and legal definition, much smaller and less visible than traditional macro wireless
sites. They are deployed in batches, often on existing infrastructure in the ROW, and
work together to create a seamless wireless experience.
AT&T is respectful of the City's desire to maintain its aesthetics and to protect
residents by properly managing the ROW, but has the following specific concerns with
your pending ordinance and design manual:
ROW Ordinance
Fee Schedule
ROW Fee
The ROW Ordinance includes an annual fee of $250 per node support pole. The
ROW fee under §284.053 is per node only: "the public right-of-way rate...may not
exceed an annual amount equal to $250 multiplied by the number of network nodes
installed in the public right-of-way...." There is no separate fee for a Node Support
Pole; the city would be compensated when a node is installed on the pole. Moreover,
§284.057 caps compensation at "the compensation authorized by this chapter for the
right to use a public right-of-way for network nodes, node support poles, or transport
facilities for network nodes."
Application Fee for Transfer Facility
The Ordinance also provides an application fee for transfer facilities: the lesser
of actual cost or $500 for an application including up to 5 Network nodes, and $250 for
each additional Network node on a permit. The fees are the same amount provided in
§284.156 for Nodes. AT&T requests a clarification of how the City will apply this fee.
When a Network Provider installs its own backhaul then it would be the one seeking a
permit. But when the Network Provider relies on an existing wireline provider, like AT&T
Texas, to obtain backhaul, the wireline provider would be the one requesting a permit
and installing the transport facilities to provide the backhaul service. AT&T Texas,
which is subject to municipal fees under Chapter 283, would be exempt from permitting
fees under §283.056.
Transfer Facility Recurring Fee
AT&T wishes to clarify the application of this fee. Under §284.055 where the
provider who is installing the transport facility in the ROW on behalf of the Network
Provider is already paying municipal fees under Chapter 283 of the Local Government
Code greater than or equivalent to $28 per node per month, the transfer fee would not
apply. AT&T's wireless entity (New Cingular Wireless PSC LLC) will be obtaining
backhaul from AT&T Texas (the local exchange carrier). Because AT&T Texas is
paying municipal fees to the City well in excess of $28 per month no additional transport
fee would be due.
Design Manual
Purpose and Applicability
At page 3 the Design Manual notes that 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." All provisions of Chapter 284 and not
just subchapter C would prevail over inconsistent city ordinances and requirements.
Definitions
Street, this definition which narrowly defines how a street width is to be measures
concerns AT&T because it could have the effect of impermissibly broadening the
application of the restrictions on the placement of poles in §284.104. Same concern at
Section 3A.1.a.
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SECTION 3. PROHIBITED AND PREFERRED LOCATIONS
2. Historic District and Design Districts — Regarding Design Districts, while the
intent appear to be there, AT&T asks that the modifier "with decorative poles" be
included in all places where the term Design District is used (or that it be made clear in
a definition) so that City's express, discretionary consent under §284.105 is properly
described.
The Design Manual also provides "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." AT&T would be
interested in working with the City to obtain preapproval on preferred concealment
measures for nodes and poles to facilitate expeditious approval of permits.
Least Preferred and Most Preferred Locations and for Collocations - AT&T
appreciates the City's clear statement of preference and the fact that the language does
not impermissibly prohibit the placement of facilities in least preferred locations. AT&T
will endeavor to work with the City's preferences in all cases and honor the aesthetics of
the community.
5. Ground Equipment - Regarding Ground equipment, the Design Manual
provides that it "should be minimal and the least intrusive." AT&T will always work to
insure that its construction is consistent with the needs of the city, but would note that
the permissible dimensions for ground equipment is established under §284.003(a)(4).
SECTION 4. GUIDELINES ON PLACEMENT
3. Confirmation of non-interference with City Safety Communication or SCADA
Networks. addresses interferences and requires "analysis that the proposed Network
node shall not cause any interference...." AT&T is not sure what is intended by
"analysis." AT&T network personnel test each node and will provide a form indicating
our equipment is operating within FCC guidelines. We will also work with the city to
eliminate issues if any arise.
C. Network Node facilities placement - requires a 16 foot clearance for an
attachment projected toward the street. Section 284.108(a)(2) expressly allows an 8
foot requirement, but not the 16 foot restriction. Such a requirement would be
permissible only where necessary to prevent interference with the ROW, bulla comply
with the law there should be a qualifier such as "where necessary" as opposed to a
blanket restriction. AT&T has the same concern with regard to Section F. Municipal
Service Poles.
4. Limit on number of Network Nodes per Site -this section prohibits "more than
one (1) Network Node on any one Pole." While this restriction is permissible under the
law, it may lead to more node support poles in the City. Where a pole can safely, and
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,
without interference, bear additional nodes this may be a more aesthetically pleasing
option for the community.
E. Ground Equipment-this section and others prohibit ground equipment within
250 feet of a street corner or a street intersection or a park and also where there is
already existing ground equipment within 300 feet which occupies a footprint of 25 sq.
ft. or more. The only restrictions on ground equipment in Chapter 284 is that "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..."
§284.003. For the proposed requirement to be consistent with Chapter 284 it must be
nondiscriminatory and must in fact be necessary in accordance §284.102. A
presumption that ground equipment for nodes, unlike other facilities in the ROW such as
utility poles, bus shelters, signage and other facilities, could not safely be within 250 feet
of a corner or intersection, a park or in proximity to other ground equipment would
confiict with §284.110.
F. Municipal Service Poles — requires an attachment agreement as a
prerequisite for attaching to municipal service poles. When will the city's form
agreement be available?
B. New Node Support Pole Spacing - new node support poles are required to be
a minimum of 300 feet from a utility pole or another Node Support Pole. Specific
spacing requirements were proposed but not included in Chapter 284. Moreover,
§284.110 requires the city to manage the ROW in a competitively neutral manner as to
other users of the ROW. A blanket prohibition would be inconsistent with 284, but
permissible to meet specific safety issues.
SECTION 5. GENERAL AESTHETIC REQUIREMENTS
AT&T will work with the city in all circumstances, but would note that
concealment generally makes an installation bigger and so there are tradeoffs between
simply blending equipment into the surrounding area with color matching versus
constructing bigger installations with structural concealment measure that in some
cases could be counter to aesthetic purposes.
Thank you for the opportunity to provide comments. While AT&T is concerned
that Southlake's Ordinance and Design Manual, as drafted, could impose terms and
conditions that are inconsistent with Chapter 284 and other applicable laws, we will
make every effort to work cooperatively with you, at the appropriate time, to successfully
deploy Network Nodes and Poles and work through any build-affecting issues as they
may arise. AT&T is committed to improving cell density and capacity in Southlake and
installing Network Nodes promptly in the most ideal locations in the right-of-way is of
great importance to AT&T. At the same time, AT&T expressly reserves its right to
challenge in the future any ordinance, Design Manual, fees, requirements, or processes
that conflict or otherwise do not comply with Chapter 284 and other applicable laws.
Please let me or Linda Caram know if you have any questions.
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Thank you,
• l
Katherine C. Swaller
cc: Linda Caram, AT&T External Affairs Manager
5
Valerie Potter
From: Fritz Quast <fquast@toase.com>
Sent: Friday, September 15, 2017 3:28 AM
To: rcohen@ci.southlake.tx.us
Cc: Bryn Meredith;Allen Taylor; Debbie Smith
Subject: Right of Way Management Ordinance and Design Manual
Attachments: 6C -Attachment A Ch. 284 Wireless Facilities Design Manual (002) FWQ Comments
091417.docx; 6C -Attachment B Right of Way Management Ordinance FWQ Comments
091417.docx
Mr. Cohen:
I have been asked to help review the proposed ordinance and design manual. Draft of both are attached with some
proposed revisions and comments. I have also reviewed and carefully evaluated the letter from Katherine Swaller with
AT&T concerning her review of these documents. If I agree with or thought the matter important enough to revise the
manual or ordinance, I have so noted in the comments.
I do not see why these documents cannot proceed to second reading next week. If you would like to discuss any of my
proposed revisions or comments, or Ms. Swallers comments, please give me a call. I will be in the office all day
tomorrow.
Sincerely,
&SE
TAYLOR.OLSON•ADS1NS•S RAL LA.E LAM
' 1
Fredrick"Fritz" Quast
Partner
Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
6000 Western Place, Suite 200
Fort Worth, Texas 76107
Telephone. 817.332.2580
Direct Dial. 817.806 5219
Facsimile 817 332.4740
Email: fauast( toase.com
www.toase.com
***********************
CONFIDENTIAL NOTICE. This electronic transmission and any documents or other writings sent with it constitute
confidential information which is intended only for the named recipient and which may be legally privileged If you have
received this communication in error, do not read it. Please reply to the sender at Taylor, Olson, Adkins, Sralla & Elam,
L.L.P. that you have received the message in error Then delete it. Any disclosure, copying distribution or the taking of
any action concerning the contents of this communication or any attachment(s) by anyone other than the named recipient
is strictly prohibited
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Item 6C
ORDINANCE NO. 1178
A PUBLIC RIGHT-OF-WAY MANAGEMENT ORDINANCE BY THE CITY OF
SOUTHLAKE, TEXAS; REGULATING THE PHYSICAL USE, OCCUPANCY AND
MAINTENANCE OF CITY RIGHTS-OF-WAY BY WIRELESS NETWORK
PROVIDERS; DESCRIBING THE PURPOSE; PROVIDING DEFINITIONS;
REQUIRING COMPLIANCE WITH THE CITY DESIGN MANUAL AND
APPLICABLE CODES FOR THE INSTALLATION OF NETWORK NODES AND
NODE SUPPORT POLES PURSUANT TO CHAPTER 284 OF THE TEXAS LOCAL
GOVERNMENT CODE; PROVIDING CITY PROCEDURES FOR APPLICATIONS
FOR PERMITS; ESTABLISHING TIME PERIODS FOR APPROVAL OF PERMIT
APPLICATIONS; PROVIDING APPLICATION FEES AND ANNUAL PUBLIC RIGHT-
OF-WAY RENTAL RATES; PROVIDING RESTRICTIONS ON PLACEMENT OF
NETWORK NODES AND NODE SUPPORT POLES IN MUNICIPAL PARKS,
RESIDENTIAL AREAS AND DESIGN DISTRICTS; PROVIDING INDEMNITY FOR
THE CITY; PROVIDING REPEALING AND SAVINGS CLAUSES; PROVING A
TEXAS OPEN MEETINGS ACT CLAUSE; AND PROVIDING AN EFFECTIVE DATE
OF SEPTEMBER 1, 2017.
WHEREAS, the City of Southlake, 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 allows certain wireless
network providers to install in the City's 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 Texas Local Government
Code and pursuant to its police power authority reserved in Section 284.301, the City has
enacted a Design Manual,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
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companies in the timely, efficient, safe and aesthetically pleasing installation of technologically
competitive equipment; and
WHEREAS, the City Council desires to regulate the installation of Network Nodes and
Network Support Poles pursuant to Chapter 284 of the Code in a way that is fair, reasonable and
nondiscriminatory.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF
SOUTHLAKE, TEXAS THAT:
SECTION I
FINDINGS OF FACT
The forgoing recitals are incorporated into this Right-of-Way Management Ordinance as
findings of fact.
SECTION II.
USE OF PUBLIC RIGHTS-OF-WAY
§ 1.01 PURPOSE.
The purpose of this chapter is to:
(A) Assist the City in the competitively neutral and nondiscriminatory management of the
physical use, occupancy and maintenance of its public rights-of-way by wireless network
providers;
(B) Secure fair and reasonable compensation for the physical use and occupancy of the public
rights-of-way by wireless network providers in a nondiscriminatory and competitively neutral
manner; and
(C) Assist the City in protecting public health, safety, and welfare.
§ 1.02 GOVERNING LAW.
This chapter shall be construed in accordance with Chapter 284 of the Texas Local
Government Code to the extent not in conflict with the Constitution and laws of the United
States or of the State of Texas.
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§ 1.03 DEFINITIONS.
For the purpose of this chapter, the definitions found in the City Design Manual for the
Installation of Network Nodes and Node Support Poles ("the Design Manual") are hereby
incorporated into this chapter and shall apply unless the context clearly indicates or requires a
different meaning. The following definitions as found in the Design Manual are specifically
applicable to this chapter:
Applicable codes means:
(A) the City 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 Southlake, Texas.
City Council means the municipal governing body of the City of Southlake, Texas.
Chapter 284 means Texas Local Government Code, Chapter 284.
Code means the Texas Local Government Code.
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.
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 City codes and ordinances.
Design District means any area: (1) zoned "DT" Downtown District or "ECZ" Employment
Center Zoning as defined by the City of Southlake Zoning Ordinance 480, as amended; or (2)
any other area designated a design district under this chapter by the city council for which the
City maintains and enforces unique design and aesthetic standards on a uniform and
nondiscriminatory basis.
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.
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.
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Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
Location means the City-approved and lawfully permitted location for the Network Node.
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 the City as a public park
for the purpose of recreational activity.
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
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 the City 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, City-owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the benefit of the
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Item 6C
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 City 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.
Service pole means a pole, other than a City-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 a municipality and supporting only
network nodes.
Street means only the paved portion of the right-of-way used for vehicular travel, being the area
between the inside of the curb to the inside of the opposite curb, or the area between the two
parallel edges of the paved roadway for vehicular travel where there is no curb. A "Street' is
generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-
way may include sidewalks and utility easements. A "Street" does not include the curb or the
sidewalk, if either are present at the time of a permit application or if added later.
•
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.
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 Chapter 284.
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§ 1.04 USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY.
Pursuant to this chapter and subject to the Design Manual and the Code, a wireless network
provider has the nonexclusive right to use and occupy the public rights-of-way in the City for the
purpose of constructing, maintaining, and operating its facilities used in the provision of
Wireless facilities.
The terms of this chapter shall apply to all wireless network providers' facilities used, in whole
or part, in the provision of wireless services throughout the City, including any annexed areas
upon the effective date of annexation or the date the City provides the company written notice,
whichever date occurs later.
§ 1.05 COMPLIANCE WITH DESIGN MANUAL AND APPLICABLE CODES.
All wireless network providers shall comply with the terms of this right-of-way management
ordinance, City applicable codes, and the terms and conditions of the City's Design Manual.
§ 1.06 GENERAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
A network provider shall construct and maintain Network Nodes and Network Support Poles
described in the Code in a manner that does not:
(A) Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;
(B) Obstruct the legal use of a public right-of-way by other utility providers;
(C) Violate nondiscriminatory applicable codes;
(D) Violate or conflict with the City's publicly disclosed public right-of-way design
specifications; or
(E) Violate the federal Americans with Disabilities Act of 1990 (ADA).
§ 1.07 PERMIT APPLICATIONS.
(A) Except as otherwise provided in Chapter 284, a network provider shall obtain a permit or
permits from the Director of Public Works to install a Network Node, Node Support Pole, or
Transport Facility in a City public right-of-way.
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Item 6C
(B) As required by Chapter 284, the City shall not require a network provider to perform
services for the City for which the permit is sought.
(C) A network provider that wants to install or collocate multiple Network Nodes inside the
municipal limits of the City is entitled to file a consolidated permit application with the City for
not more than 30 Network Nodes and upon payment of the applicable fee(s), receive a permit or
permits for the installation or collocation of those Network Nodes.
(D) The network provider shall provide the following information in its permit applications:
(1) Applicable construction and engineering drawings and information to confirm that the
applicant will comply with the City's Design Manual and applicable codes;
(2) Any additional information reasonably related to the network provider's use of the public
rights-of-way to ensure compliance with the Design Manual and this chapter;
(3) A certificate that the Network Node(s) complies with applicable regulations of the
Federal Communications Commission; and certification that the proposed Network
Node(s) will be placed into active commercial service by or for the network provider not
later than the 60th day after the date of construction and final testing of each Network
Node is completed; and
(4) A certificate of insurance that provides that the Network Provider and its contractor has at
least $1,000,000.00 in general liability coverage.
(E) Exception: As provided in Section 284.157 of the Code, a network provider is not required
to apply, obtain a permit, or pay a rate to the City 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 a Network Node or Network Pole with a node or pole that is
substantially similar in size or smaller and that does 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 that are strung on cables between existing poles or Node Support Poles in
compliance with the National Electrical Safety Code;
(4) The network provider or its contractors shall notify the City at least 24 hours in advance
of work described in this Subdivision (E).
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§ 1.08 INSTALLATION IN DESIGN DISTRICTS
A network provider must obtain advance written consent from the City Council before
collocating new Network Nodes or installing new Node Support Poles in a design district and if
the district has decorative poles. The network provider shall be required to comply with the
General Aesthetic Requirements described in the City's Design Manual. The City has the
authority to designate design districts at a future date.
§ 1.09 INSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS
A network provider may not install a new Node Support Pole in a public right-of-way without
the City Council's discretionary, nondiscriminatory and written consent if the public right-of
way:
(1) Is in a municipal park; or
(2) Is adjacent to a street or thoroughfare that is:
i. Not more than 50 feet wide; and
ii. Adjacent to single-family residential lots or other multifamily residences
or undeveloped land that is designated for residential use by zoning,
comprehensive plan land use designation or deed restrictions.
(3) In addition to the above, a network provider installing a Network Node or 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.
(4) The network provider shall be further required to comply with guidelines set out
in the City's Design Manual.
§ 1.10 MUNICIPAL REVIEW PROCESS BY THE CITY.
(A) Determination of Application Completeness: The City shall determine whether the
permit application is complete and notify the applicant of that determination:
(1) For Network Nodes and Note Support Poles: no later than 30 days after the date
the City receives the permit application.
(2) For a Transport Facility: no later than 10 days after the date the City receives the
permit application.
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Item 6C
(B) Approval or Denial of Application: The City shall approve or deny a completed
application after the date it is submitted to the City:
(1) For Network Nodes No later than 60 days after the date the City receives the
complete application.
(2) For Network Support Poles: No later than 150 days after the date the City
receives the complete application.
(3) For Transport Facilities: No later than 21 days after the City receives the
complete application.
(C) Basis for Denial of Application: If an application is denied by the City, it shall document
the basis for the denial, including the specific applicable City code provisions or other City rules,
regulations, or other law on which the denial is based. The documentation for the denial must be
sent by electronic mail to the applicant on or before the date that the City denies the application.
(D) Resubmission of Denied Application: The applicant may cure the deficiencies identified
in the denial application.
(1) The applicant has 30 days from the date the City denies the completed application
to cure the deficiencies identified in the denial documentation without paying an
additional application fee, other than any fee for actual costs incurred by the City.
(2) The City shall approve or deny the revised completed application after a denial
not later than the 90th day after the City receives the revised completed
application. The City's review shall be limited to the deficiencies cited in the
denial documentation.
(E) Nondiscriminatory Review: Each completed application shall be processed by the City on
a nondiscriminatory basis.
§ 1.11 TIME OF INSTALLATION.
A network provider shall begin installation for which a permit is granted not later than six
months after final approval of the application and shall diligently pursue installation to
completion. The Director of Public Work may in his/her sole discretion grant reasonable
extensions of time as requested by the network provider.
§ 1.12 APPLICABLE FEES AND RENTAL RATES TO THE CITY.
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(A) As compensation for the network provider's use and occupancy of the City public rights-
of-way, the network provider shall pay application fees and annual public right-of-way rental
rates as set forth below, which shall be in lieu of any lawful tax, license, charge, right-of-way
permit, use, construction, street cut or inspection fee; or other right-of-way related charge or fee,
whether charged to the network provider or its contractor(s) within the City, except the usual
general ad valorem taxes, special assessments and sales tax levied in accordance with state law
and equally applicable to all general businesses in the City.
(B) Network Nodes:
(1) Application Fee: The application fee shall be $500.00 for each Network Node
for up to but not more than 5 Network Nodes and $250.00 for each additional
Network node on a permit.
(2) Annual Public Right-of-Way Rate Fee: The annual public right-of-way rate
shall be $250.00 per Network Node installed in the City public rights-of-way.
(3) Public Right-of-Way Rate Adjustment: As provided in Section 284.054 of the
Code, the City may adjust the amount of the annual public right-of-way rate not
more than annually by an amount equal to one-half the annual change, if any, in
the Consumer Price Index (CPI). The City shall provide written notice to each
network provider of the new rate; and the rate shall apply to the first payment due
to the City on or after the 60th day following the written notice.
(C) Node Support Poles:
(1) The application fee for each Network Support Pole shall be $1,000.00.
(D) Transfer Facilities:
(1) The application fee for each Transfer Facility shall be $500.00.
(2) The annual Transfer Facility rental rate shall be $28.00 monthly for each Network
Node site located in a public right-of-way. However, no rate is required if the
network provider is already paying the City an amount equal to or greater than the
amount of other City right-of-way fees for access lines under Chapter 283 of the
Code or cable franchise fees under Chapter 66 of the Texas Utility Code.
(E) Micro Network Nodes:
(1) No application fee is required for a Micro Network Node if the installation is
attached on lines between poles or node support poles.
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Item 6C
(F) Collocation of Network Nodes on Service Poles
(1) Subject to the City's Pole Service Agreement, the collocation of Network Nodes
on City service poles shall be at a rate of$20.00 per year per service pole.
(G) City-Owned Municipal Utility Poles:
(1) A network provider shall pay an annual pole attachment rate for the collocation
of a Network Node supported by or installed on a City-owned utility pole based
upon the pole attachment rate consistent with Section 54.024 of the Texas
Utilities Code, applied on a per-foot basis.
(H) The City shall not seek or accept in-kind services in lieu of or as additional payment or
consideration from any network provider for use of the public rights-of-way for wireless
facilities or transport facilities for network nodes.
§ 1.13 INDEMNITY.
As provided in Section 284.302 of the Code, a wireless Network Provider shall indemnify,
defend, and hold the City harmless from and against all liability, damages, cost, and expense,
including reasonable attorney's fees, arising from injury to person or property proximately
caused by the negligent act or omission of the Network Provider. The City shall promptly notify
the Network Provider of any claims, demands, or actions ("claims") covered by this indemnity
after which the Network Provider shall defend the claims. The Network Provider shall have the
right to defend and compromise the claims. The City shall cooperate in the defense of the
claims. The foregoing indemnity obligations shall not apply to claims arising solely from the
negligence of City; however, they shall apply in the case of all claims which arise from the joint
negligence of the Network Provider and the City; provided that in such cases, the amount of the
claims for which the City shall be entitled to indemnification shall be limited to that portion
attributable to the Network Provider. Nothing in this section shall be construed as waiving any
governmental immunity available to the City under state law or waiving any defenses of the
parties under state law.
§ 1.14 EFFECT ON OTHER UTILITIES AND TELECOMMUNICATION PROVIDERS.
Nothing in this Ordinance shall govern attachment of Network Nodes on poles and other
structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone
cooperatives, or telecommunication providers.
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Item 6C
SECTION III.
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.
SECTION IV.
SAVINGS CLAUSE
This City Council of the City of Southlake, 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 V.
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 VI.
EFFECTIVE DATE.
This Ordinance shall become effective from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2017.
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Item 6C
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2017.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
13
Item 6C
ADOPTED:
EFFECTIVE:
14
Item 6C
Design Manual by the
City of Southiake, Texas
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
1
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY 3
SECTION 2.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. 10
SECTION 5.GENERAL AESTHETIC REQUIREMENTS 15
SECTION 6. ELECTRICAL SUPPLY 16
SECTION 7. INSURANCE,INDEMNITY, BONDING AND SECURITY DEPOSITS 16
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, MAINTENANCE AND
REPAIR 16
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 22
SECTION 13-19 RESERVED 23
SECTION 20. DESIGN MANUAL-UPDATES 23
2
SECTION 1. PURPOSE AND APPLICABILITY.
The City of Southlake, 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 of 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.
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 Southlake, Texas.
City Council means the municipal governing body of the City of Southlake, Texas.
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
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 that is covered, blended, painted,
disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the
surrounding environment and is visually unobtrusive. A Concealed or Camouflaged Wireless
Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in
which the Wireless Facility or Pole is located and may include, but is not limited to hidden
beneath a façade, 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 any area: that is (1) zoned "DT" Downtown District or "ECZ"
Employment Center Zoning as defined by the City of Southlake Zoning Ordinance 480, as
amended; and or (2) any other area designated a design district under this chapter by the city
council for which the City maintains and enforces unique design and aesthetic standards on a
uniform and nondiscriminatory basis .
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.
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.
4
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
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.
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.
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.
5
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 Ordinance No. 1178..
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.
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.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
6
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 above-
ground structures in a public right-of-way.
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.
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, Section
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 that is:
a. not more than 50 feet wide; and
b. adjacent to single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning, comprehensive plan
land use designation or deed restrictions.
7
1.1 In accordance with Chapter 284, Section 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. 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.
2.1. As a condition for approval of Network Nodes or Node Support Poles in Design
Districts with Decorative Poles, 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, must be accompanied with proposed concealment
measures in the permit applications.
2.2. The City requests 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 with Decorative Poles.
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.
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, §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 site or
structure.
4. Compliance with Undergrounding Requirements. In accordance with Chapter 284,
Section 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.
8
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 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, Section 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. 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 Design 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, or Design
District.
2. Highway Rights-of-Way areas if not adjacent to a Municipal Park, Residential area, or
Design District.
3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, or
Design District.
D. Designated Areas.
1. The City Council may designate an area as a Design District under Chapter 284,
Section 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
9
The City by its discretionary consent and agreement may grant exceptions to the above
locations, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by
Chapter 284, Sections 284.109 and 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.
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:
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
way;
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the 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.).
10
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.
3. 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. 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
Engineer, impedes pedestrian or vehicular traffic, or does not 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 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, regardless of
whether 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 ordinance, and other applicable ordnances
concerning improperly located facilities in the rights-of-way.
B. Underground Requirement Areas.
1. In accordance with Chapter 284, Section 284.107, a Network Provider shall, in
relation to installation for which the City approved a permit application, comply with
11
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 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 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 must be called so that the
area can be flagged for underground utilities.
C. 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 Sec. 284.003 (a) (3) (B) no protrusion from the outer
circumference of the existing structure or pole shall be more than two (2) feet.
4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
D.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.
12
E. 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 Director of Public Works 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 Director of
Public Works, 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.
b. If temporary disruption of service is required, the installation contractor
must notify the Director of Public Works, the service provider, and
customers at least 24 hours in advance. No service on such lines may be
disrupted until prior approval from the Director of Public Works 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 24
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 24-inch clearance
cannot be obtained between the proposed cable facility and the existing
utility, the fiber optic cable must be encased in steel pipe to avoid future
damage.
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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 24-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 24-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 24-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 Director of Public Works prior to construction.
F. 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 by a professional
engineer registered in the State of Texas and submitted to the City with each permit
application 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) 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;
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b. Have a separate electric power connection than the traffic signal
structure; and
c. Have a separate access point than 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 or structural integrity of the supporting structure. Network provider
shall be responsible for having structural loading conditions assessed by a licensed
professional engineer. Installation of Network Node facilities on any street signage
structures that requires electricity 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.
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 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 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.
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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 Design Districts must be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances and Urban Design Plans except to the
extent not consistent with Chapter 284.
2. Colors in Design Districts must be approved by the Director of Planning and
Development Services 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
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).
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,
MAINTENANCE AND REPAIR
A. REMOVAL OR RELOCATION BY NETWORK PROVIDER.
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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
Director of Public Works 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 Director of Public Works' 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 Director of Public Works reasonably determines that the
relocation or removal is needed for any of the following purposes: Required for the construction,
completion, repair, widening, relocation, or maintenance of, or use in connection with, any City
construction or maintenance project of a street or 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
Director of Public Works 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
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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 Director of Public
Works if the Director of Public Works 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 Director of Public Works 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 Director of Public
Works if the Director of Public Works 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 on 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 Director of Public Works
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 Director of Public Works 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.
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1
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 Director of
Public Works, as such may be amended from time to time. Network Provider's work shall be
subject to the regulation, control and direction of the Director of Public Works. 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.
B. INSPECTIONS.
1. The Director of Public Works, 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.
2. The Director of Public Works, 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 Director of Public Works 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 Director of Public Works 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.
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 Director of Public Works in writing of such removal
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or abandonment and shall file with the Director of Public Works the location and description of
each Micro Network Node, Network Node, Node Support Pole and related ground equipment
removed or abandoned. The Director of Public Works 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 Director of Public Works 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.
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.
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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 Director of Public Works 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 Director of Public Works 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 Director of
Public Works,Network Provider shall trim under the supervision and direction of the Director of
Public Works. 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 Director of Planning and
Design Services.
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.
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 seven(7) 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
21
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 return the site to the same condition immediately before the date the Network
Provider was granted a Permit for the applicable location or work was completed 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 approval of the Director of Public Works.
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.
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. This request must be submitted to the Director of Planning and Development
Services.
12.2 The process for an application, hearing, and vote shall follow the city's variance
process.
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
22
the time the permit for installation or modification is approved and as amended from time to
time.
1 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.
2 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
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) "Law" means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance.
(7) "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.
(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.
(9) "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
23
right-of-way.
(10) "Municipal park" means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
(11) "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.
(12) "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.
(13) "Node support pole" means a pole installed by a network provider for the primary
purpose of supporting a network node.
(14) "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.
(15) "Pole" means a service pole, municipally owned utility pole, node support pole, or
utility pole.
(16) "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.
(17) "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.
(18) "Public right-of-way management ordinance" means an ordinance that complies
with Subchapter C.
(19) "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.
(20) "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:
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(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.
(21) "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.
(22) "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.
(23) "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.
(24) "Wireless service provider" means a person that provides wireless service to the
public.
3 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
(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;
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(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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