HomeMy WebLinkAboutORD 2042 Amending Chapter 70 to Regulate Network Facilities Within The City's Right-of-WayCity of West University Place
Harris County, Texas
ORDINANCE NO. 2042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 70, OF THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, BY AMENDING SECTION 70 -26 AND 70 -157 AND
ADDING ARTICLE VIII, NETWORK FACILITIES, TO REGULATE
SMALL CELL NETWORK FACILITIES WITHIN THE CITY'S RIGHT -OF-
WAY; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, State Bill No. 1004 ( "SB 1004 ") passed by the Texas Legislature,
85th Regular Session (2017), authorizes certain facilities to be installed in a
municipality's public right -of -way; and
WHEREAS, SB 1004 further provides that municipalities retain the authority to
manage the public right -of -way to ensure the health, safety and welfare of the public;
and
WHEREAS, , the City of West University Place (the "City ") wishes to adopt rules
to ensure that the City complies with the requirements of SB 1004, and at the same
time, protects the health, safety and welfare of the public; and
WHEREAS, the City Council previously placed a temporary moratorium on the
placement of structures in the City's right -of -way in order to allow the City time to
establish new regulations for the City's right -of -way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 70 of the Code of Ordinances of the City of West
University Place, Texas is amended by amending Section 70 -26 and Section 70 -157 of
a new Article VIII, Network Facilities to read as set out in Appendix A, attached hereto.
All other portions of Chapter 70 of the Code of Ordinances not specifically amended
hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
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sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. The foregoing recitals are incorporated into this Ordinance by
reference as findings of fact as if expressly set forth herein.
Section 6. An emergency exists requiring the passage of this Ordinance on
first and final reading.
Section 7. This Ordinance takes effect immediately upon its passage and
adoption on first and final reading.
PASSED, APPROVED AND ADOPTED on first and final reading on the 11th
day of December , 2017.
Approved as to legal form:
City Attorney
F
.. - . Cn
Mayo
City of West University Place
Harris County, Texas
Appendix A
(deletions shown by strike -out, additions shown by underline)
Chapter 70 — STREET AREAS AND PUBLIC PLACES
ARTICLE 11. — WORK IN STREET AREAS, ETC.
Sec. 70 -26. - Specifications, etc.
(a) Application. This section applies to all work for which a permit is required by this article.
(b) Standard plans and specifications; grades.
(1) The Public Works Director or Designee may establish:
a. Standard plans and specifications for roadways, sidewalks, driveways, curbs, gutters and
other structures; and
b. The grade, elevation and other special features for a particular structure.
(2) Any plans, specifications, grades and elevations shall reflect:
a. Recognized public works design principles; and
b. Legal requirements, including access for persons with disabilities.
Additional requirements may also apply to regulated facilities under article VI and VII of this chapter and
Network Facilities under article VIII of this chapter.
(c) Compliance required. Each permittee shall cause the work to comply with:
(1) All applicable standard procedures, plans and specifications for the type of work authorized,
with only those exceptions granted by the building official in writing;
(2) Any grade, elevation or special feature mentioned in or attached to the permit; and
(3) All applicable regulations, including, but not limited to, the provisions of this chapter and
chapter 18 of this Code.
(d) Exceptions from standards. For good cause shown, the building official may issue a permit with
exceptions to standard plans and specifications, subject to the special rules, above, for new
roadways (Note: See chapter 82 of this Code which authorizes variances and liberal interpretations
to protect or preserve large trees; it applies to actions of the building official under this section.).
Unless the permit clearly indicates otherwise, the city shall not be responsible for repairing or
replacing any nonstandard items (such as, for example, a special finish on a driveway or sidewalk),
and the city may require the abutting owner to pay the cost of any such repair or replacement,
regardless of whether the work is made necessary by the city or would otherwise be maintained by
the city. As a condition to a permit with exceptions, the building official may require the abutting
owner to record an appropriate notice in the real property records.
(e) Standard procedures. Each permittee shall, in accordance with standard procedures set by the
building official:
(1) Notify the building official before the beginning of each phase of the work;
(2) Provide adequate opportunity for the building official to examine the work immediately before
any concrete is poured and immediately before any part of the work is otherwise covered up;
(3) Cause the work to be done in a good and workmanlike manner by trained and skilled persons;
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(4) Minimize disruption and inconvenience to other users of the same public areas;
(5) Remove, reconstruct and correct any work that does not comply with this section;
(6) Clean and restore the affected areas; and
(7) Properly dispose of all debris, trash, rubbish, etc.
(f) Standard street structures (PWSF's) . The standard design of a streetlight and a street structure, as
set out in appendix B of Ordinance No. 1650, adopted July 24, 2000, is formally adopted and
approved for joint use with a PWSF, as authorized by the PWSF schedule of the zoning ordinance.
ARTICLE VI. — REGULATED FACILITIES
Sec. 70 -157. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Affiliate means a person who controls, is controlled by, or is under common control with a user.
Certificated telecommunications provider means the same as in V.T.C.A., Local Government Code §
283.002(2) (any entity that has been granted a certificate from the Texas Public Utility Commission under
chapter 54 of Texas Utility Code authorizing that entity to provide local exchange telephone service).
Noncertificated telecontntunications provider means a person, excluding any certificated
telecommunications provider, that delivers telecommunications service within the city to person(s) by
way of facilities that are placed in, on or over ROW. To the extent allowed by law, this also includes a
person that does not deliver telecommunications service within the city, but who places, constructs or
maintains facilities within ROW for the delivering of telecommunications service outside the city, except
a certificated telecommunications provider.
Regulated facilities means any and all of the wires, cables, fibers, duct spaces, manholes, pipes,
poles, conduits, underground and overhead passageways and other equipment, structures, plant and
appurtenances and all associated physical equipment placed in, on or under ROW, other than:
(1) Facilities owned by the city or other governmental agencies authorized by the city; and
(2) Facilities owned by abutting property owners such as driveways, sidewalks, landscaping,
utility "drops," "taps" or laterals and similar facilities serving only their property, and
(3) Network Facilities as defined in Article VIII of this chapter.
ROW means the same as in the V.T.C.A., Local Government Code § 283.002(6) (i.e., 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 the airwaves above a public right -of-
way with regard to wireless telecommunications.).
ROW work means to place, install, construct, maintain, alter, operate, inspect, connect, or disconnect
any regulated facility.
Telecommunications service means the providing or offering to provide transmissions between or
among points identified by the user of the service, of information of the user's choosing, including voice,
video or data, without change in content of the information as sent and received, if the transmissions are
accomplished through regulated facilities, expressly excluding cable services or open video systems as
defined in Title VI of the Communications Act of 1934, as amended, and any service that may only be
offered by certificated telecommunications providers.
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User means a person owning, controlling, using or placing regulated facilities in, on or over
ROW in the city.
Article VIII. — NETWORK FACILITIES
Section 70 -250 Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to
them in this Section, except where context clearly indicates a different meaning.
Abandon and its derivatives means the network nodes and node supply poles, or portion thereof, that have
been left by Provider in an unused or non - functioning condition for more than 120 consecutive days
unless, after notice to Provider. Provider has established to the reasonable satisfaction of the City that the
network nodes and node support voles, or portion thereof, has the ability to provide communications.
ADA means Americans with Disabilities Act.
Antenna means communications equivment that transmits or receives electromagnetic radio frequency
signals used in the provision of Wireless Services.
Board of Building and Standards Commissions or BSC means the board of Building and Standards
appointed by City Council for the City of West University Place.
Cable Service means as defined in the Cable Communications Policy Act of 1984, as amended 47 U.S.C.
532
Citv means the City of West University Place. Texas and the City's officers and employees.
City Code means the Code of Ordinances of the City of West University Place, Texas.
Collocate and Collocation means the installation, mounting, maintenance, modification, operation, or
replacement of Network Nodes in a Right -of -way on or adjacent to a Pole.
Consumer Price Index means the annual revised Consumer Price Index for All Urban Consumers for
Texas, as vublished by the Federal Bureau of Labor Statistics.
Concealment means any wireless facility that is covered, blended, vainted, disguised, camouflaged, or
otherwise concealed such that the wireless facility blends into surrounding environment and is visually
unobtrusive. Concealment includes but is not limited to covering with a facade, designs that blend with
the surrounding character of an area, paint that matches surrounding Poles, disguising with landscaping,
or locating underground.
Decorative Pole means a streetlight Pole specifically designed and placed for aesthetic purnoses and on
which no avvurtenances or attachments, other than specifically designed informational or directional
signage or temporary holiday or special event attachments have been placed or are permitted to be placed
according to City Code.
Design Area means an area that is zoned, or otherwise designated by City Code, and for which the Citv
maintains and enforces unique design and aesthetic standards.
Design Manual refers to the design requirements for the installation of Network Facilities in effect at the
time of a Permit issuance, or the commencement of work not required obtaining a Permit, including any
other City requirements, as amended from time to time.
Historic Area means an area that is zoned or otherwise designated as a Historic Area under municipal,
State, or Federal Law.
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 ROW.
Network Facility means a Network Node or Node, Node Support Pole, Transport Facility, or any
combination of such structures.
Network Node or Node means equipment as a fixed location that enables wireless communications
between Network Provider equipment and a communications network. The term includes: (i) equipment
associated with wireless communications: (ii) a radio transceiver, and 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
does not include (i) an electric generator: or (ii) a Pole.
Network Provider means a Person that provides Wireless Service to the public: or a Person that does not
provide Wireless Service and that is not an electric utility but builds or installs on behalf of a Person that
provides Wireless Service to the public: Network Nodes, Node Support Poles, or any structure that
supports or is capable of supporting a Network Node.
New Node Support Pole or New Pole means a new installation, including any extension or replacement of
an existing Pole where the replacement is not excepted from Permit requirements under this Article.
New Support Pole means a Pole installed by a Network Provider for the primary purpose of supporting a
Network node.
Park means the various properties under the direction, control, and supervision of the City's Director of
the Parks and Recreation Department, pursuant to the authority granted by City Council and the City
Code of Ordinances.
Provider shall have the same definition as Network Provider.
Permit means a written authorization for the use of the Right -of -way including, Collocation on a Service
Pole, by a Network Provider required from the City before a Network Provider may perform an action
under this Article.
Permit Holder refers any Person that has been issued a Permit pursuant to the terms of this Article.
Pole a Service Pole, Node Support Pole, Utility Pole, or Municipally Owned Utility Pole.
Public Utility has the same meaning as defined in the Utilities Code Section 11.004, including
municipally owner and/or operated utilities.
Roadway means that portion of a street area improved, designed or ordinarily used for vehicular traffic
(excluding private driveways).
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Public Works Director means the City's Director of Public Works or designee of the Director of Public
Works.
ROW means the same as in the V.T.C.A., Local Govemment Code & 283.002(6) (i.e., 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 the airwaves above a public right -of -way with
regard to wireless telecommunications.).
ROW work or work in the ROW means to place, install, construct, maintain, alter, operate, inspect,
connect, or disconnect any Network Facility.
Service Pole means a Pole, other than Municipal Owned Utility Pole, owned or operated by a
municipality and located in a Right -of -way, including: a Pole that supports traffic control functions: a
structure for signage: a Pole that supports lighting: other than a Decorative Pole: and a Pole or similar
structure owned or operated by a municipality and supporting Network Nodes.
SWPPP means storm water pollution prevention plan.
TAS means The Texas Accessibility Standards.
Telecommunications Service means any "local exchange telephone service" as defined by Section 51.002
of the Texas Utilities Code.
Traffic Sienal means any device, whether manually, electrically, or mechanically operated by which
traffic is altematively directed to stop and to Proceed.
Transport Facility means each transmission path physically within a Right -of -way, extending with a
physical line from a Network Node directly to a network, for the purpose of providing backhaul for
Network Nodes.
Section 70 -251 Authorization Required
(a) In general. All of the following requirements must be met for each Network Facility, as
applicable:
(1) There must be a construction permit in effect for the Network Facilities, in those
circumstances described in Article II and this Article:
(2) All related Network Facilities work in ROWS must comply with this chapter, applicable
City Council authorization, and the Design Manual:
(3) The Network Facility must comply with this chanter, applicable City Council
authorization, and the Design Manual:
(4) Each Provider must comply with this chapter, with applicable City Council authorization,
Design Manual, and applicable provisions of the Local Government Code.
(b) Compliance required. It shall be unlawful for any Person to place, install, construct, maintain,
alter, overate, control, use, rent or lease (as owner or tenant), control or own any Network
Facility, if:
(1) A requirement imposed by this chapter applies to that facility, or to that person: but
(2) The requirement is not met or satisfied.
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Section 70 -252. Administration and enforcement.
(a) In general. The Public Works Director shall administer and enforce this article, subject to the
jurisdiction of the BSC as provided for in this chapter. Under this article:
(1) Determinations of reasonableness, feasibility and practicality shall take into account
certain user - specific factors, in addition to other police power considerations, if a user
requests that they be considered and provides the requisite supporting information. Such
user - specific factors are:
a. Possible service interruptions:
b. Possible accidents:
c. Possible delays in construction or availability of facilities: and
d.Unreasonable technological or economic burdens.
(2) Impacts upon ROWS, residents and property are measured in terms of access
requirements, disruption or displacement of other facilities or activities, visual
intrusiveness or other aesthetic degradations, risk of physical impact and other external
effects including reduction in property values. These determinations may take into
account any:
a. Unreasonable failure or refusal of a user to submit and coordinate its system
plans when requested by the BSC: and
b.Unreasonable failure or refusal to participate in a common excavation, bore, etc.,
or allow others to do so, all as more fully described in this Article.
(b) Information. Each Provider shall report information related to the use of the ROWs in the form
and manner reasonably prescribed by the Public Works Director, including but not limited to:
(1) Information relating to the Provider's identity, address, telephone numbers, authorized
personnel, 24 -hour contact persons. Network Facilities and ROW work, at reasonable
times specified by the Public Works Director, which information shall thereafter be kept
current by the Provider:
(2) "As built" drawings, in a format reasonably prescribed by the Public Works Director),
and as allowed by law, within 60 days of completion of any section of new or
reconstructed Network Facilities, and when otherwise requested by the Public Works
Director: provided, however, the Public Works Director) may accept reasonable
alternatives to "as built" drawings if:
a. The altematives provide adequate information about the Network Facilities: and
b.The Provider agrees, at its own cost, to locate the Network Facilities in the field
and provide necessary location data to the director, including depths, upon
request:
(3) Written notice at least 15 days before any transfer of control or material change in
ooverations: and
(4) Within 30 days following a written request, copies of public petitions, applications,
written communications and reports submitted by the Provider to federal or state
regulatory agencies, but only if they relate to use of the ROWS, and are reasonably
identified.
(c) Reimbursement of Costs. If a Provider fails to perform any work required by this article (for
example, work to move or remove Network Facilities or to restore the ROWS) within the
prescribed time (or within a reasonable time, if no time is prescribed), the city may perform the
work or have it performed. Except in case of an imminent threat to public health or safety, the
City shall give the user a final notice allowing the user at least five days to perform the work
before the city does it. The user shall reimburse the city for the costs so incurred within 30 days
from the date the user receives an invoice and a written determination by the Public Works
Director that the amounts are correct and owed by the user. The city incurs no liability by taking
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such action. Reimbursement is not a bar to other enforcement action or to prosecution for anv
violation.
(d) Continuing duties. The provisions of this section shall be continuing and shall survive the
termination of any consent or other authorization for a period of one year.
Section 70 -253. Permit Required.
Prior to installation or modification of Network Facilities. Provider shall complete and submit to the City
a ROWs Permit application, alone with standard required documents and the following items:
(a) Permit for Network Facilities without Installation ofNew Poles.
(1) Permit fee, as authorized by this Article:
(2) Aerial map showing the location of the existing pole to which the network node is
proposed to be attached, and a street view image;
(3) Plans and drawings prepared by a professional engineer licensed in the State of Texas
that has evaluated the existing pole or infrastructure for structural stability to carry
proposed network nodes and to bear the wind load. The engineer shall determine if
construction can occur without pole modification or whether the installation will require
pole re- enforcement. If pole re- enforcement is necessary, the Provider shall provide
engineering design and specification drawings for the proposed alteration to the existing
Pole. Any pole re- enforcement or replacement shall be at the Provider's sole cost.
Engineered drawings for vole attachment or modification shall bear the authorized
signature of the owner of the pole or their agent. All reinforcement or replacement poles
shall match the character of the pre- existing pole in order to blend into the surrounding
environment and be visually unobtrusive. City reserves the right to deny a certain type of
pole due to its differences;
(4) Scaled dimensioned drawings or pictures of the proposed attachments of the network
node to the existing poles or structures as well as any other proposed equipment
associated with the proposal, indicating the spacing from existing curb, driveways,
sidewalk, and other existing light poles and any other poles or appurtenances. This shall
include a before - and - after image of the vole and all proposed attachments and associated
standalone equipment;
(5) Scaled dimensioned construction plans indicating the current ROWS line and showing the
proposed underground conduit and equipment, and its spacing from existing utilities. The
drawings shall also show a sectional profile of the ROWS and identify all existing utilities
and existing utility conflicts:
(6) If a City pole is proposed, the City pole ID number shall be provided;
(7) The applicant needs to provide analysis that the proposed network node shall not cause
any interference with City public safety radio system, traffic signal light system, or other
communications comvonents. It shall be the responsibility of the Provider to evaluate,
prior to making the application for the permit, the compatibility between the existing Citv
infrastructure and the Provider's proposed infrastructure. 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;
(8) Prior to installing above ground cabinets, applicants are required to have a traffic study
conducted by a licensed traffic engineer to confirm visibility clearance for traffic,
pedestrian, and off street parking safety;
(9) A traffic control plan, SWPPP, and trench safety plan may also be required based on the
proposed scope of work:
(10) The City issued ROWS permit authorizes use of its ROWs. Applicants are responsible for
obtaining permission on non -city -owned infrastructure. If the proiect lies within the State
Right -of -Way, the applicant must provide evidence of a permit from the State: and
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(11) Notification to adiacent residential developments /neighborhoods within three hundred
(300) feet is required on all node attachments:
(b) Permit for Installation ofNewPoles.
(1) Permit fee, as authorized by this Article:
(2) Aerial map showing the location of the existing pole to which the network node is
Proposed to be attached, and a street view image:
(3) The applicant will need to provide analysis showing that the proposed new node support
pole is spaced at least three hundred (300) linear feet from another existing pole that is
capable of supporting network nodes along the proposed location, unless otherwise
approved by the City in writing:
(4) Scaled dimensioned drawings or pictures of the proposed node support pole as well as
any other proposed equipment associated with the proposal, indicating the spacing from
existing curb, driveways, sidewalk, light poles, and any other poles or appurtenances.
This shall include a before and -after street view image. The after -image needs to include
the proposed pole and all proposed attachments and associated standalone equipment:
(5) Scaled dimensioned construction plans indicating the current ROWS line and showing the
proposed underground conduit and equipment, its spacing from existing lines. The
drawings shall also show a sectional profile of the ROW (Right -of- Way) and identify all
existing utilities and existing utility conflicts:
(6) A traffic control plan. SWPPP, and trench safety plan may also be required based on the
proposed scope of work:
(7) The applicant needs to provide analysis that the proposed network node shall not cause
any interference with City public safety radio system, traffic signal light system, or other
communications components. It shall be the responsibility of Provider to evaluate, prior
to making application for permit, the compatibility between the existing City
infrastructure and Provider's proposed infrastructure. 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:
(8) If the proiect lies within the State Right -of -Way, the applicant must provide evidence of a
permit from the State. The City issued ROWS permit authorizes use of its Right -of -Way.
Providers /applicants are responsible for obtaining permission on non -city -owned
infrastructure:
(9) The applicant will be required to conduct a traffic study by a licensed traffic engineer
Prior to the installation of any newly proposed pole or other ground mounted equipment
to confirm visibility clearance for traffic, pedestrian, and off street parking safety: and
(10) Notification to adjacent residential developments /neighborhoods within three hundred
(300) feet is required on all new Node Support Poles installed and/or owned by Provider.
Section 70 -254. Permitting Standards.
The _permit proposal shall comply with the following standards:
(a) General Standards. All ROW work must be performed:
(1) In accordance with this Chapter and other applicable regulations:
(2) In a manner that minimizes interference with public and private property, following all
reasonable construction directions given by City officials to minimize such interference:
and
(3) Only after required authorizations, permits, and approvals are obtained and the Provider
has given the Public Works Director at least forty -eight (48) hours advance notice of the
start of work and the specific location of the work.
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(b) Additional Permitting Standards for Network Facilities without Installation ofNew Poles.
(1) Any facilities located off pole must remain in cabinetry or enclosed structure
include ventilation openings. There shall be no external cables or electric wire /cables on
vole or structures or aerial wires or cables extending from the pole or structure:
(2) The electrical meter shall not be mounted on a City's metal pole or structure:
(3) All attachments to a pole that are projecting, or any equipment or appurtenance mounted
on the ground, shall comply with TAS, ADA and shall not obstruct an existing or planned
sidewalk or walkway:
(4) All proposed projecting attachments to the pole shall provide a minimum vertical
clearance of eight (8) feet. If any attachments are proiecting towards the roadway side,
for the safety and vrotection of the public and vehicular traffic, the attachment shall
provide a minimum vertical clearance of no less than 16 feet above the ground. In
addition, no protrusions from the outer circumference of the existing structure or pole
shall be more than two (2) feet:
(5) The color of the network nodes shall match the existing pole color such that the network
nodes blend with the color of the pole to the extent possible. City reserves the right to
deny a certain style of node due to its difference in color to pole. Colors must be in strict
accordance with the City's applicable ordinances, corridor land use ordinance, and other
applicable ordinances, except to the extent inconsistent with Chapter 284 of the Texas
Local Government Code;
(6) There shall be no other pole, with small cell attachments pemiitted within 300 feet of the
subject pole, and there shall be no more than one (1) network node on anyone pole:
(7) Provider shall neither allow nor install network nodes on traffic signals and street signs
located in the ROWS:
(8) The Network Facilities comply with the City's Design Manual: and
(9) Upon approval of the permit, the Provider shall call for locates. If the City's Utility
locates are needed. Provider is required to contact West University Place Public Works
Department.
(c) Additional Permitting Standards for Installation of New Poles.
(1) Any facilities located off pole must remain in cabinetry or enclosed structure
underground. Facilities on vole shall be concealed or enclosed as much as possible in an
equipment box, cabinet, or other unit that may include ventilation openings. There shall
be no extemal cables or electric wire /cables on pole or structures or aerial wires or cables
extending from the pole or structure. The electrical meter shall not be mounted on City's
poles or structures. Provider shall use 240 voltage when connecting to any Citv
infrastructure and provide key to meter upon inspection:
(2) The pole and all attachments to the pole that are projecting, or any equipment or
appurtenance mounted on the ground shall comply with TAS. ADA and shall not obstruct
an existing or planned sidewalk or walkway;
(3) Wooden poles are prohibited. All new poles are required to be break -away and black
powder- coated. All attachments for the network nodes shall also match the color of the
network support pole. All network support poles shall match the existing poles in the
surrounding block or district in which the network support pole is located in order to
blend into the surrounding environment and be visually unobtrusive. City reserves the
right to deny a certain type of pole due to its differences;
(4) Exemptions to a requirement for a pernut will only be made for providers requesting to
replace a previously installed wooden pole with a new, identical wooden pole, unless
otherwise provided by this Article. Requests must be made in writing to the Public Works
Director and approvals are at the discretion of the City;
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(5) The Network Facilities comply with the City's Design Manual: and
(6) Upon approval of the permit, the Provider shall call for locates. If the City's Utility
locates are needed. Provider is reeuired to contact West University Place Public Works
Department.
Section 70 -255. Electrical Permit.
Provider shall be responsible for obtaining any required electrical power service and associated permit to
the network nodes and node support poles or structures as required by federal, state and local law.
Section 70 -256. Exceptions to a Permit.
(a) Routine Maintenance. A Provider is not required to obtain a permit for routine maintenance of
Network Nodes, Node Support Poles, and/or Transport Facilities that does not require excavation
or closing of sidewalks or vehicular lanes in the ROWS.
(b) placing or Upgrading. A Provider is not required to obtain a permit for replacing or upgrading
a Network 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 the ROWs. For the purposes of this
Section:
(1) A new or upgraded Network Node or Node Support Pole is considered "substantially
similar" if the equipment, including antenna, will not be more than ten percent (10 %)
larger and the pole will not be ten percent (10 %) higher than the existing, permitted
ee uioment and/or pole.
(2) The replacement of an existing Node Support Pole is not included within this Section.
(3) The replacement or upgrade may not violate concealment requirements for the Network
Node or Node Support Pole or height restrictions required in the Design Manual.
(c) Network Node Strung on Cables. A Provider is not required to obtain a permit for 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.
(d) Notice Required. A Provider must provide the City with forty -eight (48) hours advance written
notice to the Public Works Director, or his/her designee, of intent to perform work that does not
require a permit.
(e) Pole Owner Approval. A Provider may replace or upgrade a pole only with the approval of the
Pole's owner and written confirmation of such approval shall be submitted to the City with the
notice.
(f) Size Limitations. The size of any upgraded or replaced Network Node or Pole may not exceed the
size limitations in the Design Guide.
Section 70 -257. Transfer of Permit.
(a) No permit granted in accordance with this Article, or any rights or Privileges of Providers under a
pemi t, either separately or collectively, shall be sold, resold, assigned, transferred or conveyed
by providers to any other Person, without the prior written consent of the City. Should the
Provider sell, assign, transfer, convey or otherwise dispose of any of its rights or interests under
this permit, without the City's prior consent, the City may revoke the permit for default, in which
event all rights and interest of the Provider under the yemtit shall cease.
(b) Any transfer in violation of this Section shall be null and void and unenforceable.
(c) A mortgage or other pledge of assets to a bank or lending institution in a bona fide lending
transaction shall not be considered an assignment or transfer.
12
(d) Every permit granted in accordance with this Article shall specify that any transfer or other
disposition of rights which has the effect of circumventing payment of required permit fees and/or
evasion of payment of such fees is prohibited.
Section 70 -258. General Terms Applicable to Permit Holders.
(a) Not Exclusive. No rights agreed to in this Article by the City shall be exclusive and the City
reserves the right to grant franchises, licenses, easements, or permissions to use the Rights -of -way
within the City to any Person as the City, in its sole discretion, may determine to be in the public
interest.
(b) Deed Restrictions. A Pennit Holder installing facilities in ROWS shall comply with private deed
restrictions and other private restrictions in the area.
(c) Cable Service Not Authorized by Permit. A Permit Holder is not authorized to provide Cable
Service as a cable operator in the City under this Article, but must first obtain a franchise
agreement from the City for that purpose, under such terms and conditions as may be required by
Law. A Permit for installation, placement, maintenance, or operation of a Network Node or
Transport Facility under this Article shall not confer authorization to provide Cable Service or
video service, as defines by Section 66.002, Utilities Code, or Information Service as defined by
47 U.S.C. Section 153, or Wireless Service as defines by 47 U.S.C. Section 153, in the Right -of-
way.
(d) Permit Limited. A Permit provided in accordance with this Article does not provide authorization
for attachment of a Network Nodes on Poles and other structures owned or operated by investor -
owned electric utilities, as defined by Section 31.002, Utilities Code, electric cooperatives,
telephone cooperatives, as defined by Section 162.003, Utilities Code, or Wireless providers, as
defined by Section 51.001, Utilities Code.
(e) Priority of usage. In case of conflict or interference between the Facilities of different providers,
the provider whose Facilities were first permitted shall have priority over a competing use of the
public ROWs.
(f) No right to use city property or utility infrastnicture granted by permit . The grant of a pemdt
under this Article shall not be construed to grant any attachment rights or authorize the use of any
city property or utility infrastructure in any manner not specified in the permit without additional
compliance by the provider with other applicable city requirements.
(g) Review is no guarantee of sufficiency. Review and approval by the city does not constitute a
guarantee of sufficiency of the design of the Facilities. The applicant retains full responsibility for
the adequacy of the design of the Facilities.
(h) Other Requirements. The City may impose additional requirements on the activities of Network
Providers in the ROWS to the extent that the regulations are reasonably necessary to protect the
health, safety, and welfare of the public.
Section 70 -259. Denial and Termination of Permits.
(a) Denial of Permit Application. If the City denies a permit application submitted in accordance
with this Article, the City must include specific applicable code provisions or other municipal
rules, regulations, or other law on which the denial was based. The Provider shall have thirty (30)
days from the date of denial to cure the deficiencies identified in the denial and resubmit without
incurring an additional apolication fee. The City's review of the resubmitted application is
limited to deficiencies cited in the denial.
(b) Termination of a Permit. The City shall reserve the right to terminate any permit and any rights
or privileges granted under this Article in the event of a breach of the terms and conditions of the
permit or of this Article, subiect to a 30 day written notice and the opportunity to cure the breach
during that 30 day period.
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(c) When a Breach Occurs. A breach shall not be deemed to have occurred if the violation occurs
without the fault of a Provider or occurs as a result of circumstances beyond its control. Providers
shall not be excused from performance of any of their obligations under this chapter by economic
hardship, nor misfeasance or malfeasance of their managers, officers, agents or employees.
(d) Does Not Apply for Default of Payment. The provision of this Section shall not apply to any
automatic termination resulting from a default of payment as set forth in the Section Permit and
ROWS Use Fees. below.
Section 70 -260. Permit and ROWS Use Fees.
(a) Permit Fee. Except as otherwise provided by Chapter 283 or 284 of the Texas Local Goverment
Code, the Network Provider shall pay to the City a Permit fee that is calculated as of the date of
the application for Permit by applying the appropriate Permit fee to each of the Facilities included
in the application, in accordance with the City's fee schedule, not to exceed the values provided
in the table below.
(b) Public ROWS Use Fee. The Permit Holder shall Day to the City a Rights -of -way Fee that is
calculated in accordance with Chapter 283 or 284 of the Texas Local Goverment Code, an
agreement with the City, or the table below, as applicable. The Rights -of -way fee for Network
Nodes, Node Support Poles, and Transport Facilities shall be prorated for the first year in which
the Permit is paid, and shall be paid at the time of the Permit application.
Equipment Type
Permit Fee
ROWS Fee
Transport Facilities
$500 for first 5 Nodes, $250 for
$28 per month Der Node
each additional Node
Network Nodes
$500 for the first 5 Nodes. $250
$250 per year per Node 3
for each additional Node
Node Support Poles
$1.000 per Pole
NA
' Unless eoual or greater amount is Daid under Chapter 283 or 284 of the Local Government Code or
Chapter 66 of the Utility Code.
2 As adjusted by an amount equal to one -half the annual charge, if any, in the Consumer Price Index. The
3 Collocated Network Nodes on City Service Poles shall also pay an annual Collocation fee at a rate not
greater than $20 per year per Service Pole.
" A Network Provider may not install its own Transport Facilities unless the Provider: (i) has a Permit to
use the ROW: and (ii) pays to the City a monthly ROW rate for Transport Facilities in an amount equal to
$28 multiplied by the number of the Network Provider's Network Nodes located in the ROW for which
the installed Transport Facilities Drovide backhaul unless or until the time the Network Provider's
payment of fees to the City exceeds its monthly aggregate Der -Node compensation to the City. A
Network Provider that wants to connect a Network Node to the network using the Right -of -way may: (i)
install its own Transport Facilities as provided in this Article: or (ii) obtain transport service from a
Person that is paving municipal fees to occupy the Right -of -way that are the equivalent of not less than
$28 Der Node Der month. A ROW rate required by this Article is in addition to anv other ROW rate
required by the Cit
(c) Annexation and Disannexation. For the purpose of compensating the City under this Article. a
Permit Holder shall start including or excluding structures within an annexed or disannexed area
within thirty (30) days of written notice by the City to the Permit Holder of the annexation or
disannexation.
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(d) Timing of ROWS Fee Payment. Permit Holder shall remit the ROWS Fees on an annual basis,
unless otherwise proscribed by Chapter 284 of the Texas Local Government Code or a written
ROW Fee was paid, and each subsequent year until (i) the structures are removed from the ROW
and written notice is provided to the City, or (ii) the structures are no longer owned by the Permit
Holder and written notice of the new owner's name, address, and phone number are provided to
the City.
(e) Default. Notwithstanding any other provision in this Article, in the event that full and proper
payments due the city under this Article or the permit have not been made by a Permit Holder
within twenty (20) days after the due date, an event of default shall have occurred, in which case
the pemiit may be terminated by the City. Any provider that is found to be in default and whose
permit has been terminated for non - payment of fees, may not apply for another permit until all
past due fees have been paid.
(f) No Release. No acceptance of any payment shall be construed as a release of or an accord or
satisfaction of, any claim that the City might have for further or additional sums payable under
the terms of this chapter or a permit, or for any other performance or obligations of Permit
Holder.
(g) Confidential Records. If the Permit Holder notifies the City of the confidential nature of any
information, reports, documents, or writings, and such information, reports, document or writings
are prominently labeled as confidential. the City agrees to maintain the confidentiality of the
information, reports, documents, and writings to the extent permitted by law. Upon receipt by the
City of requests for the Perot Holder's confidential information, reports, documents, or writings,
the City shall notify the Permit Holder of the request in writing. The City shall request an attorney
general's opinion before disclosing any confidential information, reports, documents or writings
and will fumish the provider with copies of attorney general opinion requests it makes pertaining
to the Permit Holder's confidential information, reports, documents or writings. Upon request by
the City, the Permit Holder shall provide assistance in preparing and submitting the request for an
attorney general's opinion.
(h) Books and Records.
(1) Upon written request from the Public Works Director, Permit Holders shall report to the
ensure correct payments to the City are made and shall comply with the City's reasonable
determination of forms for reports, the time for reports, the frequency with which any
reports are to be made, and if reports are to be made under oath.
(2) Permit Holders shall promptly make available to the City or a City designated
representative, its books and records to examine, audit, review and/or obtain copies of the
papers, books, accounts, documents, maps, plans and other records of Permit Holders
pertaining to permits granted under this chanter to ensure proper payments are made to
the City. Permit Holders shall fully cooperate in making available its records and
otherwise assisting in these activities.
(3) The Public Works Director may, at any time, make inquiries pertaining to Permit
Holders' performance of the terms and conditions of a permit. Permit Holders shall
respond to such inquiries on a timely basis.
Section 70 -261. Construction and Maintenance of Structures.
(a) Constnuction Requirements. Except where expressly provided otherwise by State Law. a Permit
Holder shall construct and maintain structures in the Right -of -way in accordance with the Design
Manual to ensure structures do not:
(1) Obstruct, impede, or hinder the usual travel or public safety on a ROW:
15
(2) Obstruct the legal use of a ROW by other Persons;
(3) Violate nondiscriminatory applicable codes:
(4) Violate or conflict with the City's ROW design specifications: or
(5) Violate the Federal Americans with Disabilities Act of 1990 (ADA).
(b) Design Manual. Structures to which this Article applies must conform to the specifications
required by the construction codes and Design Manual as adopted by the City at the time the
permit application is approved.
(c) Requests for Temporary Moves. Upon request, the Permit Holder shall remove or raise or lower
its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky
structures. The expense of such temporary rearrangements shall be raise by the party or parties
requesting them and the Permit Holder may require payment in advance. The Permit Holder may
require payment in advance. The Permit Holder shall be given not less that forty -eight (48) hours
advance notice to arrange for such temporary rearrangements.
(d) Time and Manner. Provider must limit the length of Network Facilities under construction at any
given time, and must also limit the time, place, and manner of work in ROWs, to the extent
necessary to reduce impacts upon ROWS, nearby residents and properties. Pennits for work in
accordance with this Article may prescribe reasonable limits for this purpose.
Section 70 -262. Insurance and Financial Security.
(a) In General. At all times when work on Network Facilities is done in the ROWS or when Network
Facilities are nresent in the ROWS, a Provider shall maintain in effect insurance or self - insurance
and financial security, subject to the same standards as exemptions provided in Article H of this
Chapter.
(b) Submission of Proof. Proof of required insurance or self - insurance must be submitted to the
Public Works Director with applications for permits and other approvals and must be kept current
with undated filings. Additional proof shall be submitted at other times upon request. The Public
Works Director may prescribe the form of insurance certificates and other proof to be submitted.
Section 70 -263. Interference with Operations.
(a) No Liability.
(1) The City shall not be liable to the Provider for any damage caused by other Providers
with Network Facilities sharing the same pole or for failure of Provider's network nodes
for whatever reason, including damage resulting from vehicular collisions, weather
related events, or malicious attacks.
(2) The City shall not be liable to the Provider by reason of inconvenience, annoyance or
iniury to the network nodes or node support poles or activities conducted by the Provider
therefrom, arising from the necessity of repairing any portion of ROW, or from the
making of any necessary alteration or improvements, in, or to, any portion of the ROW,
or to. City's fixtures, appurtenances or equipment. The City will use reasonable efforts
not to cause material interference to the Provider's operation of its network nodes or node
support poles.
(b) Signal Interference with City's Communications Infrastnicture Prohibited.
(1) No Interference. In the event that Provider's network nodes interferes with the City's
traffic signal system, public safety radio system, or other City communications
infrastructure operating on spectrum where the City is legally authorized to operate,
Provider shall promptly cease operation of the network nodes causing said interference
upon receiving notice from the City and refrain from operating. Provider shall respond to
the City's request to address the source of the interference as soon as practicable, but in
no event later than twenty -four (24) hours of receiving notice.
IT-9
(2) Protocol for Responding to Event of Interference. The protocol for responding to events
of interference will require the Provider to provide the City an Interference Remediation
Report that includes the following items:
a. Remediation Plan. Devise a remediation plan to stop the event of inference:
b. Time Frame for Execution. Provide the expected time frame for execution of the
remediation plan:
c. Additional Information. Include any additional information relevant to the
execution of the remediation plan.
(3) If the provider does not execute the remediation plan in the time frame provided. the City
will eliminate the interference at the expense of the provider.
(4) In the event that interference with City facilities cannot be eliminated. the Provider shall
shut down the network nodes and remove or relocate the network node that is the source
of the interference as soon as possible to a suitable alternative location made available by
the City.
(5) Following installation or modification of a network node. the City may require the
Provider to test the network node's radio frequency and other functions to confirm it does
not interfere with the City's operations.
Section 70 -264. Abandonment of Obsolete Network Facilities
Provider shall remove Network Facilities 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 one hundred twenty (120) days of the network nodes and node support voles being abandoned or
within one hundred twenty (120) days of receipt of written notice from the City. When the Provider
removes or abandons permanent strnctures in the ROW, the Provider shall notify the City in writing of
such removal or abandonment and shall file with the City the location and description of each network
node or node support vole removed or abandoned. The City may require the Provider to complete
additional remedial measures necessary for public safety and the integrity of the ROW.
Section 70 -265. Relocation and Removal of Network Facilities at Provider's Expense.
(a) Provider shall remove and relocate its Network Facilities at its own expense to an alternative
location no later than one hundred twenty (120) days after receiving written notice that removal,
relocation, and/or alteration of the Network Facilities is necessary due to:
(1) Construction, completion, repair, widening, relocation, maintenance of, or use in
connection with, any City construction or maintenance proiect or other public
improvement project:
(2) Maintenance, upgrade, expansion, replacement, removal or relocation of the City's pole
or structure upon which Provider's network nodes are attached;
(3) The Network Facilities, or portion thereof, is adversely affecting proper operation of
traffic signals, streetlights or other City property;
(4) Closure of a roadway or sale of City property:
(5) Proiects and programs undertaken to protect or preserve the public health or safety;
(6) Activities undertaken to eliminate a public nuisance:
(7) Provider fails to obtain all apolicable licenses. Pemiits, and certifications required by
Law for its network nodes or node support poles: or
(8) Duty otherwise arising from applicable law.
(b) Provider's duty to remove and relocate its Network Facilities at its expense is not contingent on
the availability of an alternative location acceptable for relocation. City will make reasonable
efforts to provide an altemative location within the ROWS (Rights -of -Way) for relocation, but
17
regardless of the availability of an alternative site acceptable to the Provider, the Provider shall
comply with the notice to remove its Network Facilities as instructed.
(c) The City may remove the Network Facilities if the Provider does not remove such within one
hundred twenty (120) days. In such case, the Provider shall reimburse the City for the City's
actual cost of removal of its Network Facilities within thirty (30) days of receiving the invoice
from the City.
Section 70 -266. Removal or Relocation of Network Facilities by Provider.
(a) If the Provider removes or relocates at its own discretiom it shall notify the City in writing not
less than ten (10) business days prior to removal or relocation. The Provider shall obtain all
Permits required for relocation or removal of its Network Facilities prior to relocation or removal.
(b) The City shall not issue any refunds for any amounts paid by the Provider for Network Facilities
that have been removed.
Section 70 -267. Provider Responsibility.
The Provider shall be responsible and liable for the acts and omissions of the Provider's employees,
temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub lessees, and
subcontractors in connection with the performance of activities within the City's ROW, as if such acts or
omissions were the Provider's acts or omissions.
Section 70 -268. Restoration.
(a) ROW Restoration. When any ROW work is completed, or when no substantial work is done at
the site of any ROW work for more than three consecutive business days, the user shall,
beginning within two business days thereafter, restore the ROW as follows:
(1) Use properly- compacted cement - stabilized material for all backfill and provide a
reasonable opportunity for city insitection before the backfill is covered, unless the Public
Works Director approves a different backfill method;
(2) Replace and properly relay and repair the pavement, curb, sidewalk and gutter (including
the surface and base), other structures, any irrigation system and any landscape treatment
that may have been affected by the ROW work;
(3) Retum the ROW and all structures therein to their pre - existing condition as nearly as
practicable; and
(4) Otherwise comply with applicable regulations.
(b) Destruction ofnew pavement. See Article II, regarding work in ROWS.
(c) Sidewalks . Providers must replace sidewalks in segments that end at logical division points such
as intersecting driveways and crosswalks, thus avoiding patched and piecemeal sections of
sidewalks. Permits for ROW work may prescribe the division points.
Section 70 -269. Penalties and Remedies.
(a) Improperly located Network Facilities shall not impede pedestrian or vehicular traffic in the
ROWS. If any Network Facility is installed in a location that is not in accordance with the plans
approved by the City, impedes pedestrian or vehicular traffic, or does not comply or otherwise
renders the ROW non - compliant with applicable Laws, including the American Disabilities Act,
then the Network Provider shall Promptly remove the Network Facilities.
(b) The City shall give the Provider thirty (30) days' notice to remove and relocate the improperly
located Network Facilities that are located in the incorrect permitted location. If not relocated, the
Provider shall be subject to a penalty of $500.00 per day until the Network Facilities are relocated
iu
to the correct area within the permitted location, regardless of whether or not the Provider's
contractor, subcontractor, or vendor installed the Network Facilities in strict conformity with the
City Rights -of -way management ord., and other applicable ordnances concerning improperly
located facilities in the ROWS.
Section 70 -270. Priorities for use of ROW
(a) Municipal use. For municipal purposes, the city has first priority over all other uses of the ROW.
For example, the city has full authority to lay sewer, gas, water, and other pipes and cables and
conduits, to install and change all other facilities, to do underground and overhead work, and
attachments, restructuring or changes to regulated facilities, and to change the curb, sidewalks or
roadways and their grades.
(b) Standards. The city shall assign locations in, on or over ROW among users and other persons
with due consideration to public health and safety considerations of each use. If there is limited
space available for additional occupiers of the ROW, the city may limit new occupiers, as
allowed under state or federal law.
(c) Abutting uses. If the city authorizes abutting landowners to occupy space under the surface of any
ROW, the grant to an abutting landowner shall be subject to the rights of any previously
authorized occupier of the ROW already using that location. If the city closes or abandons a
ROW that contains a Provider's Network Facilities, the closure or abandonment shall be subiect
to the rights of the Provider.
Section 70 -271. Indemnity.
At all times when work is done in the ROWS or when Network Facilities are present in the ROWS, a
Provider shall maintain on file with the City a written indemnity, subiect to the same standards as
exemptions provided in Article II of this Chapter.
Section 70 -272. Administrative Hearing.
Should the Provider desire to deviate from any of the standards set forth in this Article or the Design
Manual. the Provider may request a Hearing before the Building and Standards Commission. The process
for an application, hearing and vote shall follow the process set out for a variance, in accordance with
applicable City ordinances.
19
City of West University Place, Texas
Design Manual
For the
Installation offetivork Facilities pursuant to Ter. Loc .Goi� Code. Chapter 184
20
Network Facilities (Small Cells) Design Manual
I. Purpose
A. The City of West University Place. Texas ( "City ") recognizes that the State of Texas has
delegated to the City the fiduciary duty, as a trustee, to manage the public rights -of -way for the
health, safety, and welfare of the public to Texas municipalities.
B. The City of West University Place encourages the deployment of state -of -the -art small cell
wireless technology within the City for the many benefits it promises the citizens of West
University Place including increased connectivity and reliable networks and services.
C. Chanter 284 of the Texas Local Government Code ( "Chapter 284 ") allows certain wireless
Network Providers to install in the public rights -of -way their wireless facilities, described and
defined as "Micro Network Nodes." "Network Nodes," and "Node Support Poles."
D. As expressly allowed by Chapter 284, the City enacts this Wireless Services (Small Cell) Design
Manual ( "Design Manual ") 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.
E. The standards and procedures provided in this Design Manual are adopted to protect the health,
Safety, and welfare of the public by minimizing and reducing impacts to public safety within the
City's Rights -of -Way and to minimize and reduce imoacts to the City, its residents and visitors:
and for the general health and welfare of the public.
F. This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the
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.
G. Providers shall adhere to the requirements found in Chapter 70, Street Areas and Public Places, of
the City's Code of Ordinances, and this Design Manual for the placement of their facilities within
the City's Right -of -Way.
I1. Definitions
The definitions as used in Article VIII of Chapter 70 of the City of West University Place, Texas Code of
Ordinances (the "Code ") shall be used in this Design Manual, unless otherwise noted in this section.
III. Design Requirements for all Network Facilities in All ROWs
3.1. Installation.
Provider shall, at its own cost and expense, install the network nodes and node support poles in a good
and workmanlike manner in accordance with the requirements promulgated by the City's applicable
ordinances, the Design Manual, and all other applicable laws, ordinances, codes, rules and regulations of
21
the City, the state, and the United States ( "Laws "), as such may be amended from time to time. Provider's
work shall be subiect to the reeulation, control and direction of the City.
All work done in connection with the installation, operation, maintenance, repair, modification, and/or
reolacement of the network nodes and node support poles shall be in compliance with all applicable
Laws.
3.2. Inspections.
A. The City may perform visual inspections of any network nodes and node support poles located in
the ROW as the City deems appropriate without notice. If the inspection requires physical
contact with the network nodes or node support poles, the City shall provide written notice to the
Provider within five (5) business days of the planned inspection. Provider may have a
representative present during such inspection.
B. In the event of an emergency situation, the City may, but is not required to, notify Provider of an
inspection. The City may take action necessary to remediate the emergency situation and the City
shall notify the Provider as soon as practically possible after remediation is complete.
3.3. Placement.
A. Installation near schools and parks. For the safety of pedestrians, particularly small children, and
to allow full line of sights near school property and Parks, a Provider shall not install rground
equipment or new Poles within a Right -of -way inside the boundary line of school property or
within two - hundred fifty (250) feet of the boundary line of school property. A Provider shall not
install ground equipment within a Right -of -way inside the boundary line of a Park or within two -
hundred fifty (250) feet of the boundary line of a Park.
B. City Infimtnlctitre. Provider shall neither allow nor install network nodes or node support poles
on any City property that falls outside the definition of Public Right -of -Way in Chapter 284 of the
Texas Local Govemment Code.
C. Residential Streets. For the protection of the safety, health and welfare of the City's residents, a
Provider shall not install ground equipment or new Poles within a ROW in the front of the
abutting property's building line.
ine.
D. Poles. Wireless Facilities on a node supply poles shall be installed at least eight (8) feet above the
ground. If any attachments are Protecting towards the roadway side, it shall provide a minimum
vertical clearance of sixteen (16) feet.
E. ROW. Node supply poles and ground equipment shall be placed, as much as possible, within two
(2) feet of the outer edge of the ROW line. Node supply poles and ground equipment or network
nodes shall not impede pedestrian or vehicular traffic in the ROW. If a node support pole and
ground equipment or network node is installed in a location that is not in accordance with the
plans approved by the City and impedes pedestrian or vehicular traffic or does not comply or
otherwise renders the ROW non - compliant with applicable Laws, including the ADA, then the
Provider shall remove the node support poles, ground equipment or network nodes.
F. The Public Works Director, by discretionary consent and by agreement, may grant exceptions to
the above prohibited locations, but only in a non - exclusive, and nondiscriminatory manner, as
allowed or required by Chanter 284 of the Texas Local Government Code.
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3.4 Fiber Connection.
A. Provider shall be responsible for obtaining access and connection to fiber optic lines or other
backhaul solutions that may be required for its node support poles or network nodes.
B. At locations where the fiber optic cable will cross other subsurface utilities or structures, the cable
must be installed to provide a minimum of twelve 02) 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 twelve (12) inch clearance cannot be obtained between
the proposed cable facility and the existing utility, the fiber optic cable must be encased in steel
pipe of avoid future damage.
3.5 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 four (4) feet from the center line of the water line. When crossing a water line, a twelve (12)
inch vertical or horizontal clearance must be maintained. Poles must be at least three (3) feet from a water
line.
3.6 Existing Sewer Lines.
No communication lines shall be placed on too of a sewer line but may be placed to the side of a sewer
line at least four (4) feet from the center line of the sewer line. When crossing a sewer line, a twelve (12)
inch vertical or horizontal clearance must be maintained. Poles must be at least three (3) feet from a sewer
line.
3.7 Existing Storm Drainage Lines.
No communication lines shall be placed on too of a storm drainage line but may be placed to the side of a
storm drainage line at least four (4) feet from the center line of the storm drainage line. When crossing a
storm drainage line, a twelve (12) inch vertical or horizontal clearance must be maintained. Poles must be
at least three (3) feet from a storm drainage line.
3.8 Generators.
Provider shall not allow or install generators or back -up generators in the ROW, in accordance with
Chanter 284 of the Texas Local Government Code.
3.9 Equipment Dimensions.
Provider's Network Facilities shall comply with and be limited to the dimensions set forth in Chapter 284
of the Texas Local Government Code.
3.10 Height Limitation.
A Provider shall ensure that the vertical height of a structure installed in a ROW does not exceed the
lessor of : (i) ten (10) feet in height above the tallest existing Utility Pole located within 500 linear feet of
the proposed structure in the same ROW: or (ii) fifty -five (55) feet above ground level.
3.11 Tree Maintenance.
Tree maintenance shall be in strict accordance with applicable City ordinances except to the extent
inconsistent with the Texas Local Government Code. The Provider, its contractors, and agents shall
obtain a permit from the City before trimming trees hanging over its node support poles and network
nodes to prevent branches of such trees from contacting node support poles and network nodes. When
directed by the City, the provider shall trim under the supervision and direction of the City's Urban
Forester.
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3.12 Simaze.
Signage shall be in strict accordance with the City's applicable ordinances, except to the extent
inconsistent with Chanter 284 of the Texas Local Government Code.
A. Provider shall post its name, location identifying information, and emergency telephone number
in an area on the cabinet of the node supply poles and network nodes that is visible to the public.
Signage required under this section shall not exceed 4" x 6 ", unless otherwise required by law
(e.g. Radio Frequency ground notification signs) or the City.
B. Excent as required by Laws or by the utility vole owner. Provider shall not post any other signage
or advertising on the node support poles and network nodes, or utility pole.
3.13 Overhead Lines Prohibited.
Provider shall neither allow nor install overhead lines connecting to node su000rt notes. All overhead
lines connecting to the node support pole where other overhead telecommunications or utility lines are or
planned to be buried below ground as part of a project shall be buried below ground.
3.14 Repair.
Whenever the installation, placement, attachment, repair, modification, removal, operation, use, or
relocation of the node support voles or network nodes, or any portion thereof is required and such
installation, placement, attachment, repair, modification, removal, operation, use, or relocation causes any
property of the City to be damaged or to have been altered in such a manner as to make it unusable,
unsafe, or in violation of any Laws, the Provider at its sole cost and expense, shall promptly repair and
upon fifteen (15) days' prior written notice to the Provider or immediately if there is an imminent danger
to the public, to perform or cause to be performed such reasonable and necessary work on behalf of the
Provider. The City shall then charge the Provider for the reasonable and actual costs incurred by the City.
Provider shall reimburse the City for the costs.
3.15 Graffiti Abatement.
A. Graffiti abatement shall be in strict accordance with the City's applicable ordinances, except to
the extent inconsistent with Chanter 284 of the Texas Local Government Code.
B. As soon asiractical, but not later than fourteen (14) days from the date the Provider receives
notice thereof. the Provider shall remove all graffiti on any of its node support poles and network
nodes located in the ROW (Right of Way).
3.16 Inventory.
A. Provider shall maintain a list of its network nodes and node support poles and provide the City an
Inventory of locations within ten (10) days of installation. The Inventory of network nodes and
node su000rt poles shall include GIS coordinates, date of installation, City pole ID number fif
applicable), type of pole used for installation, pole owner, and description/type of installation for
each network node and node support pole installation.
B. If issued a written request. the Provider shall vrovide a cumulative Inventory within thirty (30)
days of the City's request. Concerning network nodes and node support poles that become
inactive. the Inventory shall include the same information as active installations in addition to the
date the network node and/or node support pole was deactivated and the date the network node
and/or node su000rt vole was removed from the ROW. The City may compare the Inventory to
its records to identify any discrepancies.
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3.17 Reservation of Rights.
A. The City reserves the right to install, and permit others to install, utility facilities in the ROWS
(Rights-of-Way). In permitting such work to be done by others, the City shall not be liable to the
Provider for any damage caused by those persons or entities.
C. The City reserves the right to locate, operate, maintain, and remove any City vole or structure
located within the ROW in the manner that best enables the City's operations.
IV. Designated Areas, ROWs Management
Network Providers are not required to obtain conditional use permits or other land use approvals for
location in City Right -of -way, except as specified in this Article. In addition to the requirements of
conditional use vermit or other land use approval is required in addition to any other Permit required by
City Code.
4.1 Historic Areas/ Design Areas with Decorative Poles.
A Provider must obtain advance written consent from City Council before installing structures in an area
of the City that has been designated as a Historic Areas or as a Design Area with Decorative Poles. The
City may designate new Historic Areas and Design Areas at a future date.
4.2 Underground Areas.
A Provider shall comply with undergrounding requirements where applicable. including City ordinances,
zoning regulations, State Law, vrivate deed restrictions, and other public or private restrictions, that
prohibit installing above ground structures in ROWs without first obtaining zoning or land use approval.
4.3 Parks/Residential Areas.
A Network Provider may not install a new Pole in a ROW without City Council's written consent if the
ROW is in a Park or is adjacent to a Street or thoroughfare that is: fi) 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 or deed restrictions.
4.4 Designation of Areas under this Article.
Design Areas with Decorative Poles, Historic Areas, underground areas. Parks, and residential areas shall
all be those shown on the Rights -of -way Management Map, as adopted and amended from time to time by
City Council. A Network Provider's structures in a particular location shall be subiect to the area
designations in place at the time of a Permit application for those particular structures. Any area where
all Poles within one - thousand (1,000) feet of a vroposed location are of a similar design with no
additional permanent appurtenances attached are designated by this section as a Design Areas with
Decorative Poles, even where such an area is not shown as a Design Area on the Right -of -way
Management Map.
4.5 Land Use Approval Process.
The following shall constitute the process for obtaining advance written consent of City Council or land
use approval for installation of any structures required to obtain such approval by this Design Manual.
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A. Application. The Provider shall submit an application for conditional use permit, in addition to
any other Permits required for construction of structures and use of the Rights -of -way. This
conditional use permit application shall include documentation for the following:
1. Plans or design specifications compliant with specific design criteria for an area:
2. A Permit fee;
3. The locations of all other buildings, structures. Facilities and Poles located within 1,000
feet of the proposed location; and
4. At least one photo of the nearest Pole to the proposed location.
B. Processing. The Provider's application for conditional use permit shall be processed for review
by the City's planning and zoning commission and the City Council using the City's standard of
notice procedures, administrative processes, and scheduling procedures for zoning applications.
C. Evaluation criteria. Conditional use permit applications for Facilities shall be evaluated using
only the following criteria:
1. Alternative locations available within 1,000 feet for the specific type of structure being
requested:
2. Concealment measures proposed for minimizing the impact of the proposed structures on
surrounding land uses; and
3. Conditions to the Permit requested by landowners within 200 feet of the proposed
location.
Conditional use permits where the proposed plans for Facilities meet the design criteria for a proposed
location should be granted for that location or an alternate location within 1,000 feet, as determined by
City Council.
V. Design Requirements.
A. Design reguirements in underground areas. All Facilities must be installed underground, or
obtain land use approval in accordance with this Design Manual to install aboveground Facilities,
in designated underground areas, including areas where utilities are required to be installed
underground by City ordinance, zoning regulations. State Law, private deed restrictions and other
public or private restrictions that prohibit installing above ground utilities or structures in a public
Right -of -way without first obtaining zoning or land use approval. Areas may be designated from
time to time by the City as underground areas in accordance with the filed plats, and or
conversions of overhead to underground areas, as may be allowed by Law.
B. Design requirements in historic and Design Areas.
1. Concealment measures required. As a condition for land use approval of structures in
Design Areas with Decorative Poles in a Historic Area, the City shall require
Concealment measures for any above ground structures. Any request for installations in
designated areas must be accompanied with proposed Concealment measures that are
similar to an existing structure that is (i) within the area. (ii) within 1,000 feet of the
proposed location, and NO is not a nonconforming structure. Structures shall be
constructed and maintained in compliance with all City, State, and Federal historic
Preservation laws and requirements.
2. Concealment shall comply with other City Code requirements. Where a Network
Provider is required to employ Concealment measures, the Network Provider shall
comply with other City Code requirements, including coning, where applicable. Colors
in designated areas must be aooroved by the Public Works Director from a palette of
aooroved colors for that area. 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.
W,
C. Design requirements in Parks and residential areas. A Network Provider may not install a new
Pole in a Right -of -way without City Council's written consent obtained in accordance with
lots or other multifamily residences or undeveloped land that is designated for residential use by
zoning or deed restrictions.
VI. Administrative Hearing,
Should a Network Provider desire to deviate from any of the standards set forth in this Design Manual, to
appeal an interpretation by City staff of the City regulations applicable to structures located in the Rights -
of -way, or allege a specific provisions of this Design Manual is inconsistent with State or Federal Law as
applied specifically to that Network Provider, the Network Provider may request an administrative
hearing before a BSC in accordance with Article VII or Chanter 20 of the Code. The BSC shall act as the
board of anneals for a request for a variance or appeal of administrative decision.
VH. Unauthorized and Improperly Located Structures.
If any structures are installed in a location that has not obtained a Permit, that impedes pedestrian or
vehicular traffic, or that obstructs the legal use of a Right -of -way by utility providers, then the Network
Provider shall promptly remove the structures. After thirty (30) days advance written notice to remove
unauthorized or improperly located structures. the City may remove and dispose of structures that remain
unauthorized or imoroperly located.
VIH. Design Manual- Updates
Placement or Modification of Micro Network Node, Network Node, Node Support Pole,
Transport Facility, and related ground equipment shall comply with the City's Design Manual at the time
the Permit for installation or modification is approved, and as amended from time to time.
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Exhibit A
Po%Attachment AVve tent
W
TEXAS LOCAL GOVERNMENT CODE CHAPTER 284
POLE ATTACHMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
THIS AGREEMENT is made and entered into pursuant to Section 284.056, Section 284301, and
hereinafter called "the Network Provider,"
and is as follows:
WHEREAS, the Network Provider is a wireless telecommunications nelhrork provider as that terms
defined in Section 284.002 of the Texas Local Goverment Code ( "the Code"): and
WHEREAS, the City owns certain street area (public rights-of-way) with service and or utility poles
within its municipal territorial limits: and
WHEREAS, the Network Provider desires to attach certain Network Nodes, as that term is defined in
Section 284.002 of the Code, on City -owned service poles and/or utility poles: and
WHEREAS, the Network Provider and the City desire to enter into this Agreement to secure authority
from the City for the Network Provider to install certain Network Nodes on such
City poles, subject to the City of West University Place, Texas, Design Manual for the installation of
Network Facilities ( "the Desifrn Manual ") and the City's applicable ordinances: and
WHEREAS, this Agreement is entered into pursuant to Chapter 284 of the Texas Local Government
Code. in order to address the desires of the Network Provider and the procedures of the City: and
WHEREAS, the Network Provider and the City acknowledge that this Agreement is binding upon the
City and the Network Provider and their respective successors and assigns for the tern (defined below) of
thus Agreement; and
NOW, THEREFORE, BE IT MUTUALLY AGREED AS FOLLOWS:
1. Location of the Citv Poles. The Service and/or Utility Poles owned by the City on which the
Network Nodes are to be attached by the Network Provider are generally described as:
2. The Network Provider acknowledges that it has received and reviewed the applicable provisions
in the City Design Manual and applicable ordinances; and further acknowledges that this Pole
Attachment Agreement is subiect to the terms and regulations of each.
3. The Network Provider agrees to Dav the Citv for collocation of its Network Nodes at the
following annual rates
a. City Service Poles: $20.00 per year per service pole.
qfl
b. City Utility Poles: An annual pole attachment rate applied on a per -foot basis consistent with
Section 54.024 of the Texas Utilities Code.
4. The City acknowledges that it will comply with the requirements of the Code and that it will
allow the collocation of Network Nodes on the Citv service and utility poles on a non- exclusive,
nondiscriminatory basis, subject to the Network Provider paving the applicable fees to the City
and complying with the Design Manual and other applicable ordinances.
5. Pursuant to Section 284.301 of the Texas Local Government Code. the Network Provider agrees
that the City is authorized to enforce all of the City's regulations that do not materially interfere
with the use of Network Nodes.
6. The primary tenn of this Agreement shall be five (5) years commencing upon the effective date
first set forth above. This Agreement shall be autotnatically renewed and extended for subsequent
one (1) vear tenns unless at least sixty (60) days prior to the expiration of the term either patty
shall give written notice to the other of the patty's intent to terminate the Agreement at the end of
the current term.
7. Any notice required or pennitted under this Agreement shall be in writing and shall be delivered
in hand or by registered or certified US mail. Notice to the Network Provider and the City may be
addressed as follows:
To the Provider:
To the City:
City of West University Place
Director of Public Works
3800 University Blvd
West University Place, Texas 77005
8. This Agreement may be enforced by Network Provider or City by am- oroceed ng at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter.
9. If any provision contained in this Agreement is held unconstitutional, invalid or unenforceable,
then the remaining provisions shall be deemed severable and shall remain in full force and effect.
10. This Agreement shall be governed by the law of the Stale of Texas and construed in conformity
with the provisions of Texas Local Government Code. Chanter 284. Venue shall lie in West
University Place, Hams County, Texas.
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IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as of the
date first set forth above.
CITY OF WEST UNIVERSITY PLACE
Dated:
Susan Sample. Nlayor
ATTEST:
Thelma A. Gilliam, City Secretary
NETWORK PROVIDER:
Signature of Authorized Officer
Dated:
Title of Authorized Officer
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