HomeMy WebLinkAboutORD 2070 Amending Chapter 70 of the Code Regarding Network Facilities in ROWCity of West University Place
Harris County, Texas
ORDINANCE NO. 2070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WI
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 70 OF THE CC
OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEX
BY AMENDING SECTION 70 -2, ARTICLE VIII, AND THE DES
MANUAL TO CLARIFY THE APPLICATION PROCESS i
REQUIREMENTS FOR OBTAINING A PERMIT RELATED TO NETWC
FACILITIES WITHIN THE CITY'S RIGHT -OF -WAY; CONTAIN
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the City of West University Place, Tel
passed Ordinance No. 2042 on December 111 , 2017, which made certain re\
additions to Chapter 70 of the Code of Ordinances of the City and adopted a Des
to regulate small cell network facilities within the City's right -of -way; and
WHEREAS, the City Council is of the opinion that Chapter 70 of th
Ordinances should be amended by amending Section 70 -2, Article Vlll, and
Manual to clarify the application process and requirements for obtaining a permi
network facilities within the City's right -of -way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TH
WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 70 of the Code of Ordinances of West University PI
is hereby amended by amending Section 70 -2, Article VIII, and the Design Man
as set out in Appendix "A," attached hereto. All portions of Chapter 70 of th
Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section o
of this Ordinance or the application thereof to any person or circumstance, sh
held to be invalid or unconstitutional by any court of competent jurisdiction,
remainder of this Ordinance, nor the application of such word, phrase, clause,
paragraph, section or other part of this Ordinance to any other persons or circt
shall be affected thereby.
Section 4. The City Council officially finds, determines and decla
sufficient written notice of the date, hour, place and subject of each meeting at
Ordinance was discussed. considered nr acted unnn was nivPn in the manner i
Section 5. This Ordinance takes effect immediately upon its pa:
adoption on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the
of April , 2019.
PASSED, APf ROVED AND ADOPTED ON SECOND READI
SIGNED, on the /Q i�--i-jay of , 2019.
es A
0
r �I
a •
_Q
ecretary (Sal)
Gity Manager
Approved as to legal form:
City Attorney
igned: �,i.�_I A
Maio
Appendix A
(Language to be added shown by underline, language to be deleted shown by stri
(Amended Chapter 70, Code of Ordinances)
Chapter 70 - STREET AREAS AND PUBLIC PLACESI1
ARTICLE I. - IN GENERAL
Sec. 70 -2. - Responsibility for maintenance.
(a) In general . It shall be the responsibility of each person who owns property abutting a
maintain, repair and replace all of that area and all structures, trees and plants found the
(1) Main- traveled, paved roadway areas (not driveways);
(2) Facilities and equipment erected by the city, the Metropolitan Transit Authority,
agencies, ROW users (under article VI, VII, or VIII), permittees under this cha
companies;
(3) City water, sewer or underground drainage facilities or equipment;
(4) Improved sidewalks installed or formally accepted for maintenance by the city; or
(5) Any structure, tree or plant for which there is a clear indication that:
a. It was placed in the street area without the consent of the then -owner of
property; and
b. No subsequent owner has accepted it or claimed it.
(b) Obtaining permits, etc . The abutting owner is responsible for obtaining all necessary
approvals for such maintenance, repair or replacements.
(c) Formal acceptance of sidewalks . The public works director is authorized to acc(
sidewalks for maintenance by the city, but only by filing a formal, written acceptance do
the city secretary. Each document must describe the accepted improvements wit[
certainty. Both newly- constructed and pre - existing improvements may be accepted for i
but all accepted improvements must meet minimum criteria established by the public v
to achieve the following objectives:
(1) The improved sidewalk must function as anew facility and appear to be sound; an
(2) It must be at least 36 inches wide (48 inches if installed after January 1, 1996).
The public works director may modify the criteria, in specific cases, to address site con
protection, etc.
Article VIII. - NETWORK FACILITIES`
Sec. 70 -250. Definitions.
The following words, terms and phrases, when used in this article, shall have the meani
to them in this section, except where context clearly indicates a different meaning:
Abandon and its derivatives means the network nodes, transport facilities, and node s
or portions thereof, that have been left by provider in an unused or nonfunctioning condition 1
120 consecutive days unless, after notice to provider, provider has established to the
satisfaction of the city that the network nodes, transport facilities, and node support pole
thereof, has the ability to provide communications.
Building and standards commission or BSC means the 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
U.S.C. 532
City means the City of West University Place, Texas, and the city's officers and employe
City Code means the Code of Ordinances of the City of West University Place, Texas.
Collocate and collocation means the installation, mounting, maintenance, modification,
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 C(
Texas, as published by the Federal Bureau of Labor Statistics.
Concealment means any wireless facility that is covered, blended, painted, disguised, c
or otherwise concealed such that the wireless facility blends into surrounding environment a.
unobtrusive. Concealment includes, but is not limited to, covering with a facade, designs W
the surrounding character of an area, paint that matches surrounding poles, disguising with
or locating underground.
Decorative pole means a streetlight pole specifically designed and placed for aesthetic G
on which no appurtenances or attachments, other than specifically designed informational +
signage or temporary holiday or special event attachments have been placed or are per
placed according to City Code.
Design area means an area that is zoned, or otherwise designated by City Code, and '
city maintains and enforces unique design and aesthetic standards.
Design manual refers to the Wireless Services (Small Cells) Design Manual incorpor�
Article, which contains the design requirements for the installation of network facilities in effe
of a permit issuance, or the commencement of work not required obtaining a permit, includi
city requirements, as amended from time to time.
Historic area means an area that is zoned or otherwise designated as a historic
municipal, state, or federal law.
Municipally owned utility pole means a utility pole owned or operated by a municipally,
as defined by V.T.C.A., Utilities Code § 11.003 and located in a ROW.
Network facility means a network node or node, node support pole, transport fa{
combination of such structures.
Network node or node means equipment as a fixed location that enables wireless con
between network provider equipment and a communications network. The term includes:
(1) Equipment associated with wireless communications;
(2) A radio transceiver, and antenna, a battery -only back -up power supply, and
equipment, regardless of technological configuration; and
(3) Coaxial or fiber -optic cable that is immediately adjacent to and directly assot
particular collocation; and does not include:
a. An electric generator; or
b. A pole.
New node support pole or new pole means a new installation, including any (
replacement of an existing pole where the replacement is not excepted from permit require
this article.
Node support pole means a pole installed by a network provider for the primary
supporting a network node.
Park means the various properties under the direction, control, and supervision of the c
of the parks and recreation department, pursuant to the authority granted by city council
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, colic
service pole, by a network provider required from the city before a network provider may
Network Facility related action in the right -of -way under this article.
Permit holder refers to any person that has been issued a permit pursuant to the terms c
Pole means a service pole, node support pole, utility pole, or municipally owned utility pc
Public utility has the same meaning as defined in the V.T.C.A., Utilities Code § 11.0+
municipally owner and/or operated utilities.
Roadway means that portion of a street area improved, designed or ordinarily used
traffic (excluding private driveways).
Public works director means the city's director of public works or designee of the dire(
works.
ROW means the same as in the V.T.C.A., Local Government Code § 283.002(6) (i.e.,
below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility
which the municipality has an interest, the term does not include the airwaves above a public
with regard to wireless telecommunications.).
ROW work or work in the ROW means to place, install, construct, maintain, alter, opei
repair, connect, or disconnect any network facility.
Service pole means a pole, other than municipal -owned utility pole, owned or op
municipality and located in a right -of -way, including: a pole that supports traffic control
structure for signage, a pole that supports lighting; other than a decorative pole; and a pc
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
Utilities Code § 51.002.
Traffic signal means any device, whether manually, electrically, or mechanically opera
traffic is alternatively directed to stop and to proceed.
Transport facility means each transmission path physically within a right -of -way, exte
physical line from a network node directly to a network, for the purpose of providing backhaL
nodes.
Sec. 70 -251. - Authorization required.
(a) In general. All of the following requirements must be met for each network facility, as ap
(3) The network facility must comply with this chapter, applicable city council authorize
design manual;
(4) Each provider must comply with this chapter, with applicable city council authoriz
manual, and applicable provisions of the V.T.C.A., Local Government Code.
(b) Compliance required. It shall be unlawful for any person to place, install, construct, m
operate, control, use, rent or lease (as owner or tenant), control or own any network facil
(1) A requirement imposed by this chapter applies to that facility, or to that person; but
(2) The requirement is not met or satisfied.
Sec. 70 -252. - Administration and enforcement.
(a) In general. The public works director shall administer and enforce this article,
jurisdiction of the BSC as provided for in this chapter. Under this article:
(1) Determinations of reasonableness, feasibility and practicality shall take into ac(
user - specific factors, in addition to other police power considerations, if a user r
they be considered and provides the requisite supporting information. Such user-sr
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 r
disruption or displacement of other facilities or activities, visual intrusiveness or of
degradations, risk of physical impact and other external effects including reductio
values. These determinations may take into account any:
a. Unreasonable failure or refusal of a user to submit and coordinate its system
requested by the BSC; and
b. Unreasonable failure or refusal to participate in a common excavation, bore,
others to do so, all as more fully described in this article.
(b) Information. At the request of the public works director, each provider shall repor
related to the use of the ROWs in the form and manner reasonably prescribed by the
director, including, but not limited to:
(1) Information relating to the provider's identity, address, telephone numbers
personnel, 24 -hour contact persons, network facilities and ROW work, at reas+
specified by the public works director, which information shall thereafter be kept c
provider;
(2) "As built" drawings, in a format reasonably prescribed by the public works dirE
allowed by law, within 60 days of completion of any section of new or reconstru
facilities, and when otherwise requested by the public works director; provided,
public works director may accept reasonable alternatives to "as built" drawings if:
a. The alternatives provide adequate information about the network facilities; and
b. The provider agrees, at its own cost, to locate the network facilities in the fielc
necessary location data to the director, including depths, upon request;
(4) Within 30 days following a written request, copies of public petitions, applicat
communications and reports submitted by the provider to federal or state regulate
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 {
work to move or remove network facilities or to restore the ROWs) within the prescri
within a reasonable time, if no time is prescribed), the city may perform the worl
performed. Except in case of an imminent threat to public health or safety, the city shall 0,
a final notice allowing the user at least five days to perform the work before the city does
shall reimburse the city for the costs so incurred within 30 days from the date the user
invoice and a written determination by the public works director that the amounts are
owed by the user. The city incurs no liability by taking such action. Reimbursement is
other enforcement action or to prosecution for any violation.
(d) Continuing duties. The provisions of this section shall be continuing and shall
termination of any consent or other authorization for a period of one year.
Sec. 70 -253. - Permit required.
Prior to installation or modification of network facilities, provider shall complete and subr
a ROWs permit application, along with standard required documents and the following items:
(1) Permit for network facilities without installation of new poles.
a. Permit fee, as authorized by this article;
b. Aerial map showing the location of the existing pole to which the network node
to be attached, and a street view image;
c. Plans and drawings prepared by a professional engineer licensed in the State
has evaluated the existing pole or infrastructure for structural stability to cal
network nodes and to bear the wind load. The engineer shall determine if cone
occur without pole modification or whether the installation will require pole rein
pole reinforcement is necessary, the provider shall provide engineering
specification drawings for the proposed alteration to the existing pole
reinforcement or replacement shall be at the provider's sole cost. Engineered
pole attachment or modification shall bear the authorized signature of the own(
or their agent. All reinforcement or replacement poles shall match the characti
existing pole in order to blend into the surrounding environment and
unobtrusive. The city reserves the right to deny a certain type of pole due to its
d. Scaled dimensioned drawings or pictures of the proposed attachments of the r
to the existing poles or structures as well as any other proposed equipment as!
the proposal, indicating the spacing from existing curb, driveways, sidewal
existing light poles and any other poles or appurtenances. This shall include
after image of the pole and all proposed attachments and associated
equipment;
e. Scaled dimensioned construction plans indicating the current ROWs line and
proposed underground conduit and equipment, and its spacing from existing
drawings shall also show a sectional profile of the ROWs and identify all exi
and existing utility conflicts;
f. If a city pole is proposed to be used, the city pole ID number and addri
provided;
installed in a location that causes any interference. Network nodes shall not b
city's public safety radio infrastructure;
In. Prior to installing above ground cabinets or other above ground structures, a
required to have a traffic study conducted by a licensed traffic engineer to cot
clearance for traffic, pedestrian, and off street parking safety;
i. A traffic control plan, SWPPP, and trench safety plan may also be required I
proposed scope of work;
j. The city - issued ROWs permit authorizes use of its ROWS. Applicants are re
obtaining permission on non - city -owned infrastructure. If the project lies wit
right -of -way, the applicant must provide evidence of a permit from the state; ar
k. Notification to adjacent residential developments /neighborhoods within 300 fe
on all node attachments;
(2) Permit for installation of new poles.
a. Permit fee, as authorized by this article;
b. Aerial map showing the location of the existing pole to which the network nod(
to be attached, and a street view image;
c. The applicant will need to provide analysis snowing that the proposed new i
pole is spaced at least 300 linear feet from another existing pole that is
supporting network nodes along the proposed location, unless otherwise app
city in writing;
d. Scaled dimensioned drawings or pictures of the proposed node support pole a
other proposed equipment associated with the proposal, indicating the
existing curb, driveways, sidewalk, light poles, and any other poles or appurte
shall include a before and after street view image. The after image needs t,
proposed pole and all proposed attachments and associated standalone equip
e. Scaled dimensioned construction plans indicating the current ROWs line and
proposed underground conduit and equipment, and its spacing from existir
drawings shall also show a sectional profile of the ROW and identify all existin
existing utility conflicts;
f. A traffic control plan, SWPPP, and trench safety plan may also be required I
proposed scope of work;
g. The applicant needs to provide analysis that the proposed network node sh
any interference with city public safety radio system, traffic signal light sysi
communications components. It shall be the responsibility of provider to eval
making application for permit, the compatibility between the existing city infra
provider's proposed infrastructure. A network node shall not be installed in a
causes any interference. Network nodes shall not be allowed on city's public
infrastructure;
h. If the project lies within the state right -of -way, the applicant must provide E
permit from the state. The city - issued ROWs permit authorizes use of its
Providers /applicants are responsible for obtaining permission on nc
infrastructure;
The applicant will be required to conduct a traffic study by a licensed traffic en(
Sec. 70-254. - Permitting standards.
The permit proposal shall comply with the following standards:
(1) General standards. All ROW work must be performed:
a. In accordance with this chapter and other applicable regulations;
b. In a manner that minimizes interference with public and private property,
reasonable construction directions given by city officials to minimize such inter
c. Only after required authorizations, permits, and approvals are obtained and
has given the public works director at least 48 hours' advance notice of the
and the specific location of the work.
(2) Additional permitting standards for network facilities without installation of new pok
a. Any facilities located off pole must remain in cabinetry or enclosed structure s
except for the electric meter pedestal. Facilities on pole shall be concealed or
much as possible in an equipment box, cabinet, or other unit that may inclu(
openings. There shall be no external cables or electric wirelcables on pole or
aerial wires or cables extending from the pole or structure;
b. The electrical meter shall not be mounted on a city's metal pole or structure;
c. All attachments to a pole that are projecting, or any equipment or appurtena
on the ground, shall comply with TAS, ADA and shall not obstruct an existin
sidewalk or walkway;
d. All proposed projecting attachments to the pole shall provide a minimum vertu
of eight feet. If any attachments are projecting towards the roadway side, for tl
protection of the public and vehicular traffic, the attachment shall provide
vertical clearance of no less than 16 feet above the ground. In addition, no pro
the outer circumference of the existing structure or pole shall be more than twc
e. The color of the network nodes shall match the existing pole color such that
nodes blend with the color of the pole to the extent possible. City reserves the
a certain style of node due to its difference in color to pole. Colors mus
accordance with the city's applicable ordinances, corridor land use ordinanc
applicable ordinances, except to the extent inconsistent with V.T.C.A., Local
Code Ch. 284;
f. There shall be no other pole, with small cell attachments permitted within 3(
subject pole, and there shall be no more than one network node on any one pc
g. Provider shall neither allow nor install network nodes on traffic signals and
located in the ROWs;
h. The network facilities comply with the city's design manual; and
i. Upon approval of the permit, the provider shall call for locates. If the city's utilil
needed, Provider is required to contact West University Place Public Works DE
(3) Additional permitting standards for installation of new poles.
a. Any facilities located off pole must remain in cabinetry or enclosed structure
Facilities on pole shall be concealed or enclosed as much as possible in
box, cabinet, or other unit that may include ventilation openings. There shall b
cables or electric wire/cables on pole or structures or aerial wires or cables e)
b. The pole and all attachments to the pole that are projecting, or any e
appurtenance mounted on the ground shall comply with TAS, ADA and shall
an existing or planned sidewalk or walkway;
c. Wooden poles are prohibited. All new poles are required to be break -awE
powder- coated. All attachments for the network nodes shall also match the
network support pole. All network support poles shall match the existing
surrounding block or district in which the network support pole is located in o
into the surrounding environment and be visually unobtrusive. City reserve:
deny a certain type of pole due to its differences;
d. Exemptions to a requirement for a permit will only be made for providers r
replace a previously installed wooden pole with a new, identical wooden
otherwise provided by this article. Requests must be made in writing to the
director and approvals are at the discretion of the city.
e. The network facilities comply with the city's design manual; and
f. Upon approval of the permit, the provider shall call for locates. If the city's utilit
needed, provider is required to contact West University Place Public Works DE
Sec. 70 -255. - Electrical permit.
Provider shall be responsible for obtaining any required electrical power service an+
permit to the network nodes and node support poles or structures as required by federal, st
law.
Sec. 70 -256. - Exceptions to a permit.
(a) Routine maintenance_ A provider is not required to obtain a permit for routine ma
network nodes, node support poles, and/or transport facilities that does not require E
closing of sidewalks or vehicular lanes in the ROWs.
(b) Replacing or upgrading. A provider is not required to obtain a permit for replacing or
network node or pole that is substantially similar in size or smaller and that does
excavation or closing of sidewalks or vehicular lanes in the ROWs. For the purposes of t
(1) A new or upgraded network node or node support pole is considered "substanti"
the equipment, including antenna, will not be more than ten percent larger and the
be ten percent higher than the existing, permitted equipment and/or pole.
(2) The replacement of an existing node support pole is not included within this sectioi
(3) The replacement or upgrade may not violate concealment requirements for the r
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 tho
placement, maintenance, operation, or replacement of micro network nodes that ai
cables between existing poles or node support poles, in compliance with the Natioi
Safety Code.
(d) Notice required. A provider must provide the city with 48 hours' advance written notice
works director, or his /her designee, of intent to perform work that does not require a pert
(e) Pole owner approval. A provider may replace or upgrade a pole only with the approval
owner and written confirmation of such approval shall be submitted to the city with the n+
(f) Size limitations. The size of any upgraded or replaced network node or pole may not ex+
limitations in the design guide.
without the city's prior consent, the city may revoke the permit for default, in which ev
and interest of the provider under the permit 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
transaction shall not be considered an assignment or transfer.
(d) Every permit granted in accordance with this article shall specify that any tram
disposition of rights which has the effect of circumventing payment of required permit
evasion of payment of such fees is prohibited.
Sec. 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
the right to grant franchises, licenses, easements, or permissions to use the rights -of -w
city to any person as the city, in its sole discretion, may determine to be in the public inte
(b) Deed restrictions. A permit holder installing facilities in ROWs shall comply with
restrictions and other private restrictions in the area.
(c) Cable service not authorized by permit. A permit holder is not authorized to provide caL
a cable operator in the city under this article, but must first obtain a franchise agreement
for that purpose, under such terms and conditions as may be required by law.
installation, placement, maintenance, or operation of a network node or transport facili
article shall not confer authorization to provide cable service or video service, as define!
Utilities Code § 66.002, or information service as defined by 47 U.S.C. Section 153
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 autl
attachment of a network nodes on poles and other structures owned or operated by irn
electric utilities, as defined by V.T.C.A., Utilities Code § 31.002, electric cooperative
cooperatives, as defined by V.T.C.A., Utilities Code § 162.003, or wireless providers,
V.T.C.A., Utilities Code § 51.001.
(e) Priority of usage. In case of conflict or interference between the facilities of different r
provider whose facilities were first permitted shall have priority over a competing use
ROWS.
(f) No right to use city property or utility infrastructure granted by permit. The grant of a
this article shall not be construed to grant any attachment rights or authorize the us
property or utility infrastructure in any manner not specified in the permit witho
compliance by the provider with other applicable city requirements.
(g) Review is no guarantee of sufficiency. Review and approval by the city does not
guarantee of sufficiency of the design of the facilities. The applicant retains full respon.
adequacy of the design of the facilities.
(h) Other requirements. The city may impose additional requirements on the activities
providers in the ROWs to the extent that the regulations are reasonably necessary t
health, safety, and welfare of the public.
Sec. 70 -259. - Denial and termination of permits.
(a) Denial of a permit application. If the city denies a permit application submitted in acc
this article, the city must include specific applicable code provisions or other mu
regulations, or other law on which the denial was based. The provider shall have 30 d
date of denial to cure the deficiencies identified in the denial and resubmit without
or of this article, subject to a 30 -day written notice and the opportunity to cure the breac
30 -day period.
(c) When a breach occurs. A breach shall not be deemed to have occurred if the viol
without the fault of a provider or occurs as a result of circumstances beyond its contr
shall not be excused from performance of any of their obligations under this chapter
hardship, nor misfeasance or malfeasance of their managers, officers, agents or employ
(d) Does not apply for default of payment. The provision of this section shall not apply to
termination resulting from a default of payment as set forth in section 70 -260 below.
Sec. 70 -260. - Permit and ROW use fees.
(a) Permit fee. Except as otherwise provided by V.T.C.A., Local Government Code Ch. 28
network provider shall pay to the city a permit fee that is calculated as of the date of th
for permit by applying the appropriate permit fee to each of the facilities included in the a
accordance with the city's fee schedule, not to exceed the values provided in the table bi
(b) Public ROWs use fee. The permit holder shall pay to the city a ROW fee that is +
accordance with V.T.C.A., Local Government Code Ch. 283 or 284, an agreement witl
the table below, as applicable. The ROW fee for network nodes, node support poles, E
facilities shall be prorated for the first year in which the permit is paid, and shall be paid
the permit application. This fee is in addition to permit fees, and is based on the continuE
Network Facilities or Network Facilities related work in the city ROW.
Equipment Type
Permit Fee
ROWS
i $28.00 per man
Transport Facilities ' $500.00 for first 5 Nodes, $250.00 for each additional Node 4
Network Nodes $500.00 for the first 5 Nodes, $250.00 for each additional
$250.00 per yea
Node
I
Node Support
Poles $1,000.00 per Pole N/�
I Unless equal or greater amount of municipal fees is paid under Chapter 283 or 284 of I
Local Government Code Ch. 283 or 284 or V.T.C.A., Utility Code Ch. 66,
2 As adjusted by an amount equal to one -half the annual change, if any, in the Consumer Pric
city shall provide written notice to each network provider of the new rate; and the rate shall
first payment due to the city on or after the 60th day following the written notice.
3 Collocated network nodes on city service poles shall also pay an annual collocation fee
greater than $20.00 per year per service pole.
4 A network provider may not install its own transport facilities unless the provider: (i) has a I
the ROW; and (ii) pays to the city a monthly ROW rate for transport facilities in an amount eq+
multiplied by the number of the network provider's network nodes located in the ROW f
installed transport facilities provide backhaul unless or until the time the network provider':
fees to the city exceeds its monthly aggregate per -node compensation to the city. A network
wants to connect a network node to the network usina the riaht- of -wav mav: t'il install its c
(c) Annexation and disannexation. For the purpose of compensating the city under this art l
holder shall start including or excluding structures within an annexed or disannexed ar
days of written notice by the city to the permit holder of the annexation or disannexation.
(d) Timing of ROWs fee payment. Permit holder shall remit the ROWs fees on an annual I
otherwise proscribed by V.T.C.A., Local Government Code Ch. 284 or a written agreen
city. Unless otherwise mandated by state law, the payment of ROWs fees shall be duf
31 of each year following the year in which a permit fee and prorated ROW fee was pa
subsequent year until (i) the structures are removed from the ROW and written notice i;
the city, or (ii) the structures are no longer owned by the permit holder and written notic
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
payments due the city under this article or the permit have not been made by a permit
20 days after the due date, an event of default shall have occurred, in which case the pq
terminated by the city. Any provider that is found to be in default and whose pern
terminated for nonpayment of fees may not apply for another permit until all past -due feE
paid.
(f) No release. No acceptance of any payment shall be construed as a release of, or
satisfaction of, any claim that the city might have for further or additional sums payat
terms of this chapter or a permit, or for any other performance or obligations of permit he
(g) Confidential records. If the permit holder notifies the city of the confidential m
information, reports, documents, or writings, and such information, reports, document of
prominently labeled as confidential, the city agrees to maintain the confidentiality of the
reports, documents, and writings to the extent permitted by law. Upon receipt by the cit,
for the permit holder's confidential information, reports, documents, or writings, the cit
the permit holder of the request in writing. The city shall request an attorney general's of
disclosing any confidential information, reports, documents or writings and will furnish
with copies of attorney general opinion requests it makes pertaining to the pei
confidential information, reports, documents or writings. Upon request by the city, the I
shall provide assistance in preparing and submitting the request for an attorney general';
(h) Books and records.
(1) Upon written request from the public works director, permit holders shall report to
other information as the public works director may reasonably require to en
payments to the city are made and shall comply with the city's reasonable det(
forms for reports, the time for reports, the frequency with which any reports are to t
if reports are to be made under oath.
(2) Permit holders shall promptly make available to the city or a city - designated repre
books and records to examine, audit, review and /or obtain copies of the pa
accounts, documents, maps, plans and other records of permit holders pertainir
granted under this chapter to ensure proper payments are made to the city. Permit
fully cooperate in making available its records and otherwise assisting in these acti\
(3) The public works director may, at any time, make inquiries pertaining to pe
performance of the terms and conditions of a permit. Permit holders shall rest
inquiries on a timely basis.
Sec. 70 -261. - Construction and maintenance of structures.
(a) Construction requirements. Except where expressly provided otherwise by state law, a
ch -all rrnnetri in nnrl m -nintnin cfn it-h irac in tho rinh4_nf_iuw in nr+r+nrrlanna ulith tho rlacii
(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 specificat
by the construction codes and design manual as adopted by the city at the tim
application is approved.
(c) Requests for temporary moves. Upon request, the permit holder shall remove or rain
aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky st
expense of such temporary rearrangements shall be raise by the party or parties req
and the permit holder may require payment in advance. The permit holder may requir
advance. The permit holder shall be given not less than 48 hours' advance notice to arn,
temporary rearrangements.
(d) Time and manner. Provider must limit the length of network facilities under construction
time, and must also limit the time, place, and manner of work in ROWs, to the extent
reduce impacts upon ROWS, nearby residents and properties. Permits for work in acc
this article may prescribe reasonable limits for this purpose.
Sec. 70 -262. - Insurance and financial security.
(a) In general. At all times when work on network facilities is done in the ROWs or v
facilities are present in the ROWs, a provider shall maintain in effect insurance or self-it
financial security, subject to the same standards as exemptions provided in article II of tl
(b) Submission of proof. Proof of required insurance or self - insurance must be submitted
works director with applications for permits and other approvals and must be kept
updated filings. Additional proof shall be submitted at other times upon request. The
director may prescribe the form of insurance certificates and other proof to be submitted
Sec. 70 -263. - Interference with operations.
(a) No liability.
(1) The city shall not be liable to the provider for any damage caused by other p
network facilities sharing the same pole or for failure of provider's network nodes
reason, including damage resulting from vehicular collisions, weather - relate(
malicious attacks.
(2) The city shall not be liable to the provider by reason of inconvenience, annoyanc
the network nodes or node support poles or activities conducted by the provid
arising from the necessity of repairing any portion of ROW, or from the making of a
alteration or improvements, in, or to, any portion of the ROW, or to, c
appurtenances or equipment. The city will use reasonable efforts not to ca
interference to the provider's operation of its network nodes or node support poles.
(b) Signal interference with city's communications infrastructure prohibited.
(1) No interference. In the event that provider's network nodes interferes with the
signal system, public safety radio system, or other city communications infrastruct
on spectrum where the city is legally authorized to operate, provider shall pr(
operation of the network nodes causing said interference upon receiving notice
and refrain from operating. Provider shall respond to the city's request to address
the interference as soon as practicable, but in no event later than 24 hours of recei�
(2) Protocol for responding to event of interference. The protocol for responding
interference will require the provider to provide the city an interference remediatior
c. Additional information. Include any additional information relevant to the exe
remediation plan.
(3) If the provider does not execute the remediation plan in the time frame provided
eliminate the interference at the expense of the provider.
(4) In the event that interference with city facilities cannot be eliminated, the provid
down the network nodes and remove or relocate the network node that is the s
interference as soon as possible to a suitable alternative location made available b}
(5) Following installation or modification of a network node, the city may require the pr
the network node's radio frequency and other functions to confirm it does not inter
city's operations.
Sec. 70 -264. - Abandonment of obsolete network facilities.
Provider shall remove network facilities when such facilities are abandoned regardless t
not it receives notice from the city. Unless the city sends notice that removal must b
immediately to ensure public health, safety, and welfare, the removal must be completed witt
of 120 days of the network nodes and node support poles being abandoned or within 120 dr
of written notice from the city. When the provider removes or abandons permanent stru+
ROW, the provider shall notify the city in writing of such removal or abandonment and shal
city the location and description of each network node or node support pole removed or aba
city may require the provider to complete additional remedial measures necessary for publi
the integrity of the ROW.
Sec. 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 altern�
no later than 120 days after receiving written notice that removal, relocation, and /or alt(
network facilities is necessary due to:
(1 } Construction, completion, repair, widening, relocation, maintenance of, or use i
with, any city construction or maintenance project or other public improvement prof(
(2) Maintenance, upgrade, expansion, replacement, removal or relocation of the
structure upon which provider's network nodes are attached;
(3) The network facilities, or portion thereof, is adversely affecting proper operat
signals, streetlights or other city property;
(4) Closure of a roadway or sale of city property;
(5) Projects and programs undertaken to protect or preserve the public health or safet,
(6) Activities undertaken to eliminate a public nuisance;
(7) Provider fails to obtain all applicable licenses, permits, and certifications required
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 conti
availability of an alternative location acceptable for relocation. City will make reasons
provide an alternative location within the ROWs (rights -of -way) for relocation, but rega
availability of an alternative site acceptable to the provider, the provider shall comply w
to remove its network facilities as instructed.
(c) The city may remove the network facilities if the provider does not remove such within
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(a) If the provider removes or relocates at its own discretion, it shall notify the city in wr
than ten business days prior to removal or relocation. The provider shall obtain all per
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
have been removed.
Sec. 70 -267. - Provider responsibility.
The provider shall be responsible and liable for the acts and omissions of the provider'
temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub
subcontractors in connection with the performance of activities within the city's ROW, as if
omissions were the provider's acts or omissions.
Sec. 70 -268. - Restoration.
(a) ROW restoration. When any ROW work is completed, or when no substantial work is
site of any ROW work for more than three consecutive business days, the user sh,
within two business days thereafter, restore the ROW as follows:
(1 } Use properly - compacted cement - stabilized material for all backfill and provide
opportunity for city inspection before the backfill is covered, unless the public N
approves a different backfill method;
(2) Replace and properly relay and repair the pavement, curb, sidewalk and gutter I
surface and base), other structures, any irrigation system and any landscape ti
may have been affected by the ROW work;
(3) Return the ROW and all structures therein to their pre - existing condition
practicable; and
(4) Otherwise comply with applicable regulations.
(b) Destruction of new pavement. See article 11 regarding work in ROWs.
(c) Sidewalks. Providers must replace sidewalks in segments that end at logical division p
intersecting driveways and crosswalks, thus avoiding patched and piecemeal sections
Permits for ROW work may prescribe the division points.
Sec. 70 -269. - Penalties and remedies.
(a) Improperly located network facilities shall not impede pedestrian or vehicular traffic in
any network facility is installed in a location that is not in accordance with the plans apl
city, impedes pedestrian or vehicular traffic, or does not comply or otherwise renders
compliant with applicable laws, including the American Disabilities Act, then the net%
shall promptly remove the network facilities.
(b) The city shall give the provider 30 days' notice to remove and relocate the impro
network facilities that are located in the incorrect permitted location. If not relocate(
following the notice, the provider shall be subject to a penalty of $500.00 per day unti
facilities are relocated to the correct area within the permitted location, regardless of w
the provider's contractor, subcontractor, or vendor installed the network facilities in str
with the city rights -of -way management ordinance, and other applicable ordinance
improperly located facilities in the ROWs.
Sec. 70 -270. - Priorities for use of ROW.
(a) Municipal use. For municipal purposes, the city has first priority over all other uses of t
example, the city has full authority to lay sewer, gas, water, and other pipes and cables
to install and change all other facilities, to do underground and overhead work, and
available for additional occupiers of the ROW, the city may limit new occupiers, as
state or federal law.
(c) Abutting uses. If the city authorizes abutting landowners to occupy space under the si
ROW, the grant to an abutting landowner shall be subject to the rights of any previous
occupier of the ROW already using that location. If the city closes or abandons a ROW
a provider's network facilities, the closure or abandonment shall be subject to the
provider.
Sec. 70 -271. - Indemnity.
At all times when work is done in the ROWs or when network facilities are present in i
provider shall maintain on file with the city a written indemnity, subject to the same
exemptions provided in article 11 of this chapter.
Sec. 70 -272. - Administrative hearing.
Should the provider desire to deviate from any of the standards set forth in this article
manual, the provider may request a hearing before the building and standards commission.
for an application, hearing and vote shall follow the process set out for a variance, in acc
applicable city ordinances.
City of West University Place, Texas
Design Manual
For the
Installation of Network Facilities pursuant to Tex. Loc . Gov. Code, Chapter 284
Wireless Services (Small Cells) Design Manual
1. Purpose
A. The City of West University Place, Texas ( "City ") recognizes that the State o
delegated to the City the fiduciary duty, as a trustee, to manage the public rights-
health, a
safety, and welfare of the public to Texas municipalities.
B. The City of West University Place encourages the deployment of state -of -the
wireless technology within the City for the many benefits it promises the citiz
University Place including increased connectivity and reliable networks and services.
C. Chapter 284 of the Texas Local Government Code ( "Chapter 284 ") allows cer
Network Providers to install in the public rights -of -way their network facilities, d,
defined as "Transport Facilities," "Network Nodes," and "Node Support Poles."
D. As expressly allowed by Chapter 284, the City enacts this Wireless Services (Small
Manual ( "Design Manual") in order to meet its fiduciary duty to the citizens of the City
assistance and guidance to wireless telecommunications providers to assist such +
the timely, efficient, safe, and aesthetically pleasing installation of technolog_ icallr
equipment.
E. The standards and procedures provided in this Design Manual are adopted to prote
safety, and welfare of the public by minimizing and reducing impacts to public saft
City's Rights -of -Way and to minimize and reduce impacts to the City, its residents
and for the general health and welfare of the public.
to an agreement as agreed to and consented to by the City in its discretion, or inst
otherwise be allowed by state law.
G. Providers shall adhere to the requirements found in Chapter 70, Street Areas and Pu
of the City's Code of Ordinances, and this Design Manual for the placement of their f,
within the City's Right -of -Way.
II. Definitions
The definitions as used in Article VIII of Chapter 70 of the City of West University
Code of Ordinances (the "Code ") shall be used in this Design Manual, unless otherwise
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, transport i
node support poles in a good and workmanlike manner in accordance with the requirements
by the City's applicable ordinances, the Design Manual, and all other applicable laws, ordina
rules and regulations of the City, the state, and the United States ( "Laws "), as such may
from time to time. Provider's work shall be subiect to the regulation,_ control and direction of V
All work done in connection with the installation, operation, maintenance, repair, modific
replacement of the network nodes, transport facilities, and node support poles shall be in car
all applicable Laws.
3.2. Inspections.
A. The City may perform visual inspections of any network nodes, transport facilitie
support poles located in the ROW as the City deems appropriate without notice. If tl
requires physical contact with the network nodes, transport facilities, or node suppt
City shall provide written notice to the Provider within five (5) business days of
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 F
inspection. The City may take action necessary to remediate the emergency situ,
City shall notify the Provider as soon as practically possible after remediation is com
3.3. Placement.
A. Installation near schools and Aarks. For the safety of pedestrians. particulariv small
to allow full lines of sight near school property and Parks, a Provider shall not i
equipment or new Poles within a Right -of -way inside the boundary line of schoo
within two - hundred fiftv (250) feet of the boundary line of school orooertv. A Prov
install ground equipment within a Right -of -way inside the boundary line of a Park c
hundred fifty (250) feet of the boundary line of a Park.
B. City Infrastructure. Provider shall neither allow nor instal{ network nodes, transpor
node support poles on any City property that falls outside the definition of Public Ris
Chanter 284 of the Texas Local Government Code.
C. Residential Properties. For the protection of the safety, health and welfare of the Cit
a Provider shall not install ground equipment or new Poles within a ROW in th+
abutting residential property's front building line, including any such location that is a
the side street ROW.
D. Poles. Wireless Facilities on node support poles shall be installed at least eight (8) fE
--- .. -i It - . _.aa__L.- ,-_ -a_ __- .- __..._&:._- t_...__J- aL- ___J..._.. _:J_ :a _L_11 - __...J
and ground equipment or network node is installed in a location that is not in accord,
plans approved by the City, or impedes pedestrian or vehicular traffic, or does nc
otherwise renders the ROW non - compliant with applicable Laws, including the AI
Provider shall remove the node support poles, ground equipment or network nod(
cost within ten (10) calendar days of being notified by the City.
The Public Works Director, by discretionary consent and by agreement, may grant
the above prohibited locations, but only in a non - exclusive, and nondiscriminatory;
allowed or required by Chapter 284 of the Texas Local Government Code.
3.4 Fiber Connection.
A. Provider shall be responsible for obtaining access and connection to fiber optic li
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 structur
must be installed to provide a minimum of twelve (12) inches of vertical clearance b(
the other subsurface utilities or structures, while still maintaining the other applical
depth requirement. To maintain the minimum depth requirement, the cable must
under the existing utility. If the minimum twelve 12 inch clearance cannot be obtai
the proposed cable facility and the existing utility, the fiber optic cable must be enc
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 sic
line at least four (4) feet from the center line of the water line. When crossing a water line,
inch vertical or horizontal clearance must be maintained. Poles must be at least three (3'.
water line.
3.6 Existing Sewer Lines.
No communication lines shall be placed on top of a sewer line, but may be placed to the sic
line at least four (4) feet from the center line of the sewer line. When crossing a sewer line,
inch vertical or horizontal clearance must be maintained. Poles must be at least three (3'
sewer line.
3.7 Existing Storm Drainage Lines.
No communication lines shall be placed on top of a storm drainage line, but may be placed 1
a storm drainage line at least four (4) feet from the center line of the storm drainage line_ Whi
storm drainage line, a twelve (12) inch vertical or horizontal clearance must be maintained. P
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 aco
Chapter 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
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 no
lessor of : i ten 10 feet in height above the tallest existing Utility Pale located within 500
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 I
inconsistent with the Texas Local Government Code. The provider, its contractors, and
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Signage shall be in strict accordance with the City's applicable ordinances, except is
inconsistent with Chapter 284 of the Texas Local Government Code.
A. Provider shall post its name, location identifying information, and emergency telephoi
an area on the cabinet of the node support poles and network nodes that is visible
Signage required under this section shall not exceed 4" x 6 ", unless otherwise rec
(e.g. Radio Frequency ground notification signs) or the City.
B. Except as required by Laws or by the utility pole owner, Provider shall not post any c
or advertising on the node support poles, network nodes, or utility poles.
3.13 Overhead Lines Prohibited.
Provider shall neither allow nor install overhead lines connecting to node support poles. All w
connecting to the node support pole where other overhead telecommunications or utility linc
planned to be buried below -ground as part of _a project, shall be buried below ground.
3.14 Repair. T
Whenever the installation, placement, attachment, repair, modification, removal, operas
relocation of the node support poles, transport facilities, or network nodes, or any portit
re uired and such installation placement, attachment re air modification removal o erc
relocation causes any property of the City to be damaged or to have been altered in such a i
make it unusable, unsafe, or in violation of any Laws, the Provider at its sole cost and ea
promptly repair and return such property to its original condition within ten (10) calendar
Provider does not repair such property or perform such work as described in this paragraph,
shall have the option, upon fifteen (15) days' prior written notice to the Provider, or immediat
an imminent danger to the public, to perform or cause to be performed such reasonable ar
work on behalf of the Provider. The City shall then charge the Provider for the reasonabl
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 ordinanc+
the extent inconsistent with Chapter 284 of the Texas Local Government Code.
B. As soon as practical, but not later than fourteen (14) days from the date the Prov
notice thereof, the Provider shall remove all graffiti on any of its node support poles
nodes located in the ROW.
3.16 Inventory.
A. Provider shall maintain a list of its network nodes and node support moles and orovid
Inventory of locations within ten (10) days of installation. The Inventory of networ
node support poles shall include GIS coordinates, date of installation, City pole
applicable), address, type of pole used for installation, pole owner, and descri
installation for each network node and node support pole installation.
B. If issued a written request, the Provider shall provide a cumulative Inventory witr
days of the City's request. Concerning network nodes and node support poles
inactive, the Inventory shall include the same information as active installations in a
date the network node and /or node support pole was deactivated and the date the r
and /or node support pole was removed from the ROW. The City may compare the Ir
records to identify any discrepancies.
3.17 Reservation of Rights.
A. The City reserves the right-to install, and permit others to install, utility facilities in 1
.- .,,...:a�:. ... ... L. .... -...1. a.. L... A— L... —4L, --- 4. 4.. -. P`:a.. L.. -.II a 4... 1:., b.I — A— aL... n-....: A-- r-
IV. Design Requirements.
A. Design requirements in historic and Design Areas.
Concealment measures required. As a condition for issuance of a RU
Network Facilities in Design Areas and Historic Areas the Cit shall re uire I
measures for any above ground structures. Any request for installations ii
areas must be accompanied with proposed Concealment measures that are
existing structure that is (i) within the area,_ ii within 1_,000 feet_of_the_ propo
and NO is not a nonconforming structure. Structures shall be constructed an
in compliance with all City, State, and Federal historic preservatioi
requirements.
2. Concealment shall comply with other City Code requirements. WherE
Provider is required to employ Concealment measures, the Network P
comply with other City Code requirements, including coning, where applicab
designated areas must be approved by the Public Works Director from
approved colors for that area. Unless otherwise provided, all colors shall bE
or shall match the background of any structure the Facilities are located
efforts shall be made for the colors to be inconspicuous.
B. Design requirements in Parks and adjacent to residential properties.
1. Concealment measures required. As a condition for issuance of a ROB
Network Facilities in Parks and adjacent to residential properties, the City
the following Concealment measures. Pole installations shall be in a stealtt
with all Network Facility components installed within the pole. No exterm
boxes or antennae shall be permitted on the pole. The poles shall be of a I
coat finish. Ground cabinet installations shall have either a powder coat or I
in hunter green RAL #5757A, or any RAL color number and sample subrr
approved by, the Public Works Director.
V. Administrative Hearing.
Should a Network Provider desire to deviate from any of the standards set forth it
Manual, to appeal an interpretation by City staff of the City regulations applicable to structur
the Rights -of -way, or allege a specific provisions of this Design Manual is inconsistent 1
Federal Law as applied specifically to that Network Provider, the Network Provider ma)
administrative hearing before the BSC in accordance with Chapter 18 of the Code_ The BS(
the board of appeals for a request for a variance or appeal of administrative decision.
Vl. Unauthorized and Improperly Located Structures.
If any structures are installed in a location that has not obtained a Permit, t
pedestrian or vehicular traffic, or that obstructs the legal use of a Right -of -way by utility pr
the Network Provider shall promptly remove the structures. After thirty (30) days advance )
to remove unauthorized or improperly located structures, the City may remove and dispose
that remain unauthorized or improperly located.
VII. Design Manual- Updates
Placement or Modification of Micro Network Node, Network Node, Node Support Pc
Facility, and related qround equipment shall complv with the Citv's Desiqn Manual at the tin