HomeMy WebLinkAboutORD 2018-02 - Small Cell NodesORDINANCE NO.
AN ORDINANCE OF THE CITY OF GEORGETOWN AMENDING THE CODE
OF ORDINANCES OF THE CITY OF GEORGETOWN BY ADDING CHAPTER
12.02 ENTITLED "NETWORK NODES IN THE PUBLIC RIGHT-OF-WAY;"
RELATING TO THE DEPLOYMENT OF NETWORK NODES AND NODE
SUPPORT POLES IN THE RIGHT-OF-WAY BY NETWORK PROVIDERS IN
ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE CHAPTER 284;
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION
AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City is responsible for maintaining control of and access to the public
rights-of-way to protect the health, safety and welfare of its citizens and visitors;
WHEREAS, the Texas Legislature recently enacted Senate Bill 1004 codified as Chapter
284 of the Texas Local Government Code relating to the use of city right-of-way for the
construction, installation, and operation of network nodes;
WHEREAS, the City Council adopts the following ordinance pursuant to Chapter 284 of
the Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section I. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 12.02 entitled "Network Nodes in the Public Right-of-way" of the Code
of Ordinances of the City of Georgetown, Texas is hereby added and shall provide as shown in
EXHIBIT A.
Section 4. The City Council hereby adopts the Design Manual for the City of Georgetown
for the Installation of Network Nodes and Node Support Poles pursuant to Chapter 284 of the
Texas Local Government Code which is attached hereto as Exhibit B.
Section 5. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
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Section 6. That all ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 7. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the 1 day of January, 2018.
PASSED AND APPROVED on Second Reading on the D�!) day of January, 2018.
ATTEST:
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
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THE CITY OF GEORGETOWN
ByL
. �M
Dae oss, Mayor
EXHIBIT A
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EXHIBIT B
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EXHIBIT A
Chapter 12.02 Network Nodes in the Public Right -of -Way
Sec. 12.02.010 Definitions.
In this chapter:
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes means the uniform building, fire, electrical, plumbing, and mechanical
codes adopted by the city and adopted by a recognized national code organization and any local
amendments to those codes.
Collocate and collocation mean the installation, mounting, maintenance, modification,
operation, or replacement of network nodes in a right-of-way on or adjacent to a pole.
Design district means an area that is zoned, or otherwise designated by the code, and for which
the city maintains and enforces unique design and aesthetic standards.
Design Manual means the City of Georgetown Design Manual for the Installation ofNetwork
Nodes and Node Support Poles incorporated by reference in this ordinance and as amended from time
to time.
Designated area means an area of the city designated as a historic district or a design district
where the city may require reasonable design or concealment measures for new network nodes or
new node support poles.
Historic district means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer
than 11 inches.
Municipally owned utilitypole means a utility pole owned or operated by a municipally owned
utility as defined by Section 11.003 of the Texas Utilities Code and located in a public right-of-way.
Municipal park means an area that is zoning or otherwise designated by municipal code as
a public park for the purpose of recreational activity.
Network Node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes: 1) equipment associated
with wireless communications, including, but not limited to, distributed antenna systems (DAS) and
small cells; 2) a radio transceiver, an antenna, a battery -only backup power supply, and comparable
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equipment, regardless of technological configuration; and 3) coaxial or fiber-optic cable that is
immediately adjacent to and directly associated with a particular collocation. The term does not
include: 1) an electric generator; 2) a pole; or 3) a macro tower as defined by Section 284.002 of the
Texas Local Government Code.
Network Provider means: 1) a wireless service provider, or 2) a person that does not provide
wireless services and that is not an electric utility but builds or installs on behalf of a wireless service
provider: a) network nodes; or b) node support poles or any other structure that supports or is capable
of supporting a network node.
Node support pole means a pole installed by a network provider for the primary purpose of
supporting a network node.
Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.
Public Right -of Way Rate means an annual rental charge paid by a network provided to the
City related to construction, maintenance, or operation of network nodes within the public right-of-
way in the City.
Residential Area means an area of single-family residential lots or other multifamily
residences or un -developed land that is designated for residential use by zoning or deed restrictions.
Right-of-way means property that is publicly owned or upon which a governmental entity has
an express or implied property interest held for a public purpose. Examples of such public purpose
include, by way of example and not limitation highways, streets, sidewalks, drainage facilities,
sewerage and water facilities.
Service pole means a pole, other than a municipally owned utility pole, owned or operated by
the city and located in a right-of-way, including 1) a pole that supports traffic control functions; 2) a
structure for signage; 3) a pole that supports lighting, other than a decorative pole; and 4) a pole or
similar structure owned or operated by a municipality and supporting only network nodes.
Transport Facility means each transmission path physically within a Public Right-of-
way, extending with a physical line from a Network Node directly to the network, for the purpose
of providing backhaul for Network Nodes.
Utilitypole means a pole that provides 1) electric distribution with a voltage rating of not more
than 34.5 kilovolts; or 2) services of a telecommunications provider as defined in Section 51.002 of
the Texas Utilities Code.
Wireless facilities means network nodes, node support poles, and related equipment.
Wireless service means any service, using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider means a person that provides wireless service to the public.
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Sec. 12.02.020 Purpose.
(a) The purpose of this article is to facilitate the use of public right-of-way for network
node deployments in accordance with Chapter 284 of the Texas Local Government Code.
(b) Network provider may use the public right-of-way in the following circumstances
upon receipt of a valid permit demonstrating compliance with the design manual:
(1) construct, modify, maintain, operate, relocate and remove a network node on
a node support pole including the modification, replacement, or removal of
the node support pole;
(2) collocate wireless facilities on a utility pole or service pole, subject to an
agreement with the city.
(3) Install its own transport facilities on utility poles subject to an agreement
with the city; or
(4) Obtain transport service from a person that is paying fees to the city to
occupy the right-of-way.
Sec. 12.02.030 Design Manual.
(a) The City hereby adopts the City of Georgetown Design Manual for the Installation
ofNetwork Nodes and Node Support Poles ('Design Manual") which sets forth additional installation
and construction requirements for wireless service facilities created to support network providers.
The City Council hereby delegates authority to the City Manager to update the Design Manual to
comply with any updates to the National Electric Code. All other amendments to the design manual
shall be adopted by the city council.
(b) A person shall comply with the design manual as a condition of approval of any
application, permit, or other approval required by this article.
Sec. 12.02.040 Designations; Concealment Requirement.
(a) Design Districts. For the purposes of this article, the city herein designates the
following areas as design districts:
(1) The area known as the Downtown area and located within the Downtown
Overlay District (D).
(2) Areas zoned Mixed -Use Downtown (MU -DT), Mixed Use (MU), Special
Area Plan Overlay (SP), Gateway Overlay (G), and Old Town Overlay (OT)
districts.
(3) Planned Unit Development (PUD) districts that include specific aesthetic
standards for mechanical, electrical and other similar utility facility and
associated equipment.
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(b) Municipal Parks. For the purposes of this article, the city herein designates any land
zoned or dedicated as a municipal park for the purposes of recreational activity as a designated area.
(c) Historic Districts. For the purposes of this article, the city herein designates any area
that is designated or zoned as a historic district pursuant to local, state or federal law as a historic
district as a designated area.
(d) Liberal Construction. Designations provided by this section shall be liberally
construed. Additional areas may be designated at any time.
(e) Concealment. Concealment ofnetwork nodes and node support poles shall be required
by the city in design districts and in historic districts as further provided in the Design Manual
pursuant to Chapter 284.105 of the Texas Local Government Code.
Sec. 12.02.050 Additional Permit Application Requirements.
(a) Permit Application. A permit issued pursuant to this article is required to install a
micro network node, network node, a node support pole, or a transport facility in the right-of-way and
must be approved prior to any work in the public right-of-way. In addition to the requirements set
forth in this chapter and the design manual, an application for a permit pursuant to this article
shall include the following:
(1) Detailed drawings, with calculations to show conformity to the limitations
contained in Chapter 284, the design manual including, but not limited to,
descriptions of any required enclosures, the size of the network nodes, pole
height, and visibility.
(2) An analysis showing that the proposed wireless facility will not cause any
interference with city public safety radio system or traffic signal light system.
(3) A description of the proposed location, including whether such location will
be within or adjacent to any of the following:
a. A residential area;
b. A designated municipal park;
C. A designated design district;
d. A designated historic district; or
e. An area that has undergrounding requirements.
(4) A proposal to conceal or camouflage the network node, node support pole,
related equipment, or any portion thereof, if applicable;
(5) City pole identification information, if applicable;
(6) Written consent from owners of non -city owned infrastructure; and
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(7) A certificate that the network node complies with all application regulations
of the Federal Communications Commission.
(b) Consolidated Permits. A network provider submitting an application to install or
collocate multiple network nodes may file a consolidated permit application for not more than thirty
(30) network nodes.
(c) Application Process Timeline. Not later than the 30th day after the date the city
receives an application for a pen -nit for a network node or node support pole, or the 10th day after the
date the city receives an application for a permit for a transport facility, the city shall determine
whether the application is complete and notify the applicant of that determination.
(d) Application Fee. The city may charge an application fee as authorized by Section
284.156 of the Texas Local Government Code. In addition to the annual public right-of-way rate, the
application fee shall be $500 per application covering up to five network nodes, $250 for each
additional node per application and $1,000 per application for each node support pole.
Sec. 12.02.060 Installation and Inspections.
(a) A network provider shall, at its own cost and expense, install the network node,
network node facilities, node support poles and related ground equipment in a good and
workmanlike manner in accordance with this article. All work done in connection with the
installation, operation, maintenance, repair, modification, or replacement of the network node,
network node facilities, node support poles and related ground equipment shall be in compliance
with all applicable laws, ordinances, codes, rules and regulations of the city, state and federal
government.
(b) The City may perform visual inspections of any network node, network node, node
support pole or related ground equipment located in the right-of-way as deemed appropriate without
notice. If the inspection requires physical contact with the network node, node support poles or
related ground equipment, the city shall provide written notice to the network provider within five
business days of the planned inspection. The network provider may have a representative present
during the inspection.
(c) After completion of the work within the right-of-way, the network provider shall
provide to the city copies of maps and construction records of the permitted facilities as they are
actually constructed in the right-of-way and shall provide additional copies of the maps and records
to the city upon request.
Sec. 12.02.070 Collocation.
A network provider shall collocate network nodes on poles pursuant to an agreement with the
City. Collocation of network nodes on municipally owned utility poles shall be allowed on
nondiscriminatory terms and conditions pursuant to a negotiated pole attachment agreement, including
any applicable permitting requirements.
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Sec. 12.02.080 Annual Public Right -of -Way Rate
(a) Network provider shall pay annual public right-of-way rate of $250 multiplied by the
number of network nodes installed in the public right-of-way within the City.
(b) The annual public right-of-way rate may be adjusted by the City on an annual basis
by an amount equal to one-half the annual change, if any, in the consumer price index. The City
shall provide written notice to each network provider of the new rate, and the rate shall apply to the
first payment due to the City on or after the 60'' day following the notice.
(c) For purposes of this Section, "consumer price index" means the annual revised
Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of
Labor Statistics.
Sec. 12.02.090 Replacement, Maintenance and Repair.
(a) A network provider shall provide the city with ten days advance written notice of the
following activities in the right-of-way:
(1) Routine maintenance that does not require excavation or the closing of
sidewalks or vehicular lanes;
(2) Replacement or upgrading a network node or node support pole with a network
node or node support pole that is substantially similar in size or smaller and
that does not require excavation or the closing of sidewalks or vehicular lanes;
and
(3) The installation, placement, maintenance, operation, or replacement of
network nodes that are strung on cables between existing poles or node
support poles in compliance with the National Electrical Safety Code.
(b) A network provider shall comply with the requirements of this chapter and all other
applicable codes and ordinances, when installing, replacing, maintaining, repairing, upgrading,
removing, relocating or operating network nodes, network node facilities, node support poles and
related ground equipment.
Sec. 12.02.100 Relocation.
Except as provided in state and federal law, a network provider shall relocate or adjust
network nodes in a public right-of-way, as determined by the city, within ninety days and without
cost to the city.
Sec. 12.02.110 Ownership.
No part of a micro network node, network node, node support pole and related ground
equipment erected or placed on the right-of-way by a network provider will become, or be considered
by the city as being affixed to or a part of, the right-of-way. All portions of the micro network node,
network node, node support pole and related ground equipment constructed, modified, erected, or
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placed by the network provider on the right-of-way will be and remain the property of the network
provider and may be removed by the network provider at any time, provided the network provider
shall notify the City Manager prior to any work in the right-of-way.
Sec. 12.02.120 Signage.
(a) A network provider shall post its name, location identifying information, and
emergency telephone number in an area on the cabinet of the network node facility that is visible to
the public. Signage required under this section shall not exceed 4" x 6", unless otherwise required
by law (e.g. RF ground notification signs) or the City Manager.
(b) Except as required by any local, state or federal law or by the utility pole owner, the
network provider shall not post any other signage or advertising on the micro network node,
network node, node support pole, service pole or utility pole.
Sec. 12.02.130 Indemnity.
To the extent authorized by law, the network provider shall indemnify and hold the city and
its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens,
losses, expenses, fees (including attorney's fees and costs of defense), proceedings, actions, demands,
causes of action, liability, and suits of any kind and nature, including personal or bodily injury
(including death), property damage, or other harm for which recovery of damages is sought that is
found to be caused, or other harm for which recovery of damages is sought that is found to be caused
by the negligent act, error, or omission of the user of the right-of-way, any agent, officer, director,
representative, employee, directors, or representatives, while installing, repairing, or maintaining
facilities in a right-of-way.
Sec. 12.02.140 Graffiti Abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date the network
provider receives notice, the network provider shall remove all graffiti on any of its micro network
node, network node, node support pole, and related ground equipment located in the right-of-way.
The foregoing shall not relieve the network provider from complying with any City graffiti or visual
blight ordinance or regulation.
Sec. 12.02.150 Restoration.
The network provider shall repair any damage to the right-of-way, or any facilities located
within the right-of-way, and the property of any third party resulting from the network provider's
removal or relocation activities within ten calendar days following the date of such removal or
relocation, at the service provider's sole cost and expense, including restoration of the right-of-way
and such property to substantially the same condition as it was immediately before the date the
network provider was granted a permit for the applicable location or did the work at such location
(even if the network provider did not first obtain a permit), including restoration or replacement of
any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be
subject to the sole, reasonable approval of the City Manager.
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Sec. 12.02.160 Network Provider's Responsibility.
The network provider shall be responsible and liable for the acts and omissions of its
employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, and
subcontractors in connection with the installation of any micro network node, network node, node
support pole and related ground equipment, as if such acts or omissions were the network provider's
acts or omissions.
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City of Georgetown
Design Manual
for the
Installation of Network Nodes and Node Support Poles pursuant
to Tex. Loc. Gov. Code, Chapter 284.
Table of Contents
SECTION 1. PURPOSE AND APPLICABILITY......................................................................... 34
SECTION 2. DEFINITIONS.......................................................................................................... 34
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE,
NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT.......... 8
SECTION 4. GUIDELINES ON PLACEMENT........................................................................ 114-2
SECTION 5. GENERAL AESTHETIC REQUIREMENTS...................................................... 16+7
SECTION 6. ELECTRICAL SUPPLY....................................................................................... 17415
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS......... 18419
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR..................................................................... 19
SECTION 9. INSTALLATION AND INSPECTIONS.................................................................. 21
SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT................................................................................................................................... 22
SECTION 11. GENERAL PROVISIONS-... .............................. ................................................. 22
SECTION 12-19 RESERVED..................................................................................................... 2423
SECTION 20. DESIGN MANUAL - UPDATES........................................................................... 25
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SECTION 1. PURPOSE AND APPLICABILITY.
The City of Georgetown ("City") recognizes that the State of Texas has delegated the
fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare
of the public to Texas municipalities.
Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to
install in the public rights-of-way their wireless facilities, described and defined in Tex. -Loc.
Gov. Code, Chapter 284, Sec. 284.002 as "Micro Network Nodes", "Network Nodes", and
"Node Support Poles".
As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
pursuant to its police power authority reserved in Sec. 284.301', the City enacts these Design
Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance
and guidance to wireless telecommunications providers to assist such companies in the timely,
efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
Applicability: This Design Manual is for siting and criteria for the installation Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284.
This Design Manual shall apply to any sitings, installations, collocations in, on, over
or under the public rights-of-way of Network nodes, Node support poles, Micro network
nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities,
by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed
pursuant to an agreement as agreed to and consented to by the City in its discretion, or
installed as may otherwise be allowed by state law.
'A Network Provider shall comply with the City's Code of Ordinances and regulations
regarding the city rights of ways except where in conflict with this Design Manual or
Chapter 284, Subchapter C.SECTION 2. DEFINITIONS.
The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in
this Design Manual, unless otherwise noted in this Section 2, be 10W.2
Abandon and its derivatives means the facilities installed in the Public Right-of-way (including
by way of example but not limited to: Poles, wires, conduit, manholes, handholes, cuts, Network
Nodes and Node Support Poles, or portion thereof) that have been left by Provider in an unused
or non-functioning condition for more than 120 consecutive calendar days unless, after notice to
Provider, Provider has established to the reasonable satisfaction of the City that the applicable
facilities, or portion thereof, is still in active use.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of Wireless Services.
Applicable codes means:
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Commented [SM11: I'm not aware of a specific "right
of way management ordinance"—recommend changing
reference as drafted.
Commented [AD2R1]: Agree
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a
recognized national code organization; and
(B) local amendments to those codes to the extent it is consistent with Chapter 284.
City means the City of Georgetown, Texas.
City Manager shall mean City Manager or designee.
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284
Collocate and Collocation mean the installation, mounting, maintenance, modification,
operation, or replacement of Network Nodes in a Public Right-of-way on or adjacent to a Pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged or otherwise concealed such that the Wireless racility blends
into the surrounding environment and is visually unobtrusive as allowed as a condition for City
advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed
or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming
to [he surrounding area in which the Wireless Facility or Pole is located and may include, but is
not limited to hidden beneath a facade, hlcnded with surrounding area design, painted to match
the supporting area, or disguised with artificial tree branches.
Decorative Pole means a streetlight pole specially designed and placed for aesthetic purposes
and on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or
are permitted to be placed according to nondiscriminatory municipal codes.
Design District means an area that is zoned, or otherwise designated by municipal Code, and
for which the City maintains and enforces unique design and aesthetic standards on a uiziform
and nondiscriminatory basis.
Disaster Emergency or Disaster or Emergency means an imminent, impending, or actual
natural or humanly induced situation wherein the health, safety, or welfare of the residents of
the city is threatened, and includes, but is not limited to any declaration of emergency by city
state or federal governmental authorities.
Distributed Antenna System or DAS shall be included as a type of Network Node.
Easement means and shall include any public easement or other compatible use created by
dedication, or by other means, to the city liar public utility purposes or any other purpose
whatsoever, of a private easement used for the provision of utilitics.
Federal Communications Commission or FCC means the federal administrative agency, or
lawlul successor, authorized to oversee cable television and other multi -channel regulation on
a national level.
Highway Right-of-way means right-of-way adjacent to a state or federal highway
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Historic District means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order,
or ordinance.
Local means within the geographical boundaries of the City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro Tower means a guyed or self -supported pole or monopole greater than the height
pararneters prescribed by Chapter 284, Section 284.103 and that supports or is capable of
supporting antennas.
Mayor means the Mayor for the City.
Micro Network Node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not
longer than 11 inches.
Municipal Park means an area that is zoned or otherwise designated by municipal code', or
dedicated as a public park for the purpose of current or future reereational acdVity. Commented [aos]:Skye to research
Murticipally Owned Utility Pole means a Utility Pale owned or operated by a municipally
awned utility, as defined by Section 11.003, Utilities Code, and located in a Public Right-of-
way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network Node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery -only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
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Network Provider or Provider means:
(A) a Wireless Service Provider; or
(B) a person that does not provide Wireless Services and that is not an electric utility
but builds or installs on behalf of a Wireless Service Provider:
(i) Network Nodes; or
(ii) Node Support Poles or any other structure that supports or is capable of
supporting a Network Node.
Node Support Pole means a pole installed by a Network Provider for the primary purpose of
supporting a Network Node.
Permit means a written authorization for the use of the Public Right-of-way or Collocation on a
Service Pole required from a municipality before a Network Provider may perform an action or
initiate, continue, or complete a project over which the municipality has police power authority.
Pole means a Service Pole, Municipally Owned Utility Pole, Node Support Pole, or utility pole.
Private Easement means an easement or other real property right that is only for the benefit of
the grantor and grantee and their successors and assigns.
Public Right-of-way means the area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
The term does not include:
(A) a private easement; or
(B) the airwaves above a Public Right-of-way with regard to wireless
telecommunications.
Service Pole means a pole, other than a Utility Pole, owned or operate_ d by a municipality and Commented [AD4]: Since we don't have one, do we
located in a Public Right-of-way, that: need this definition?
(A) supports traffic control functions;
(B) is a structure for signage;
(C) supports lighting, other than a decorative pole; and
(D) is a similar structure owned or operated by a municipality and supporting only
Network Nodes.
Small Cell shall be included as a type of "Network Node."
Street means only the paved portion of the right-of-way used for vehicular travel, being the
area between the inside of the curb to the inside of the opposite curb, or the area between
(00009611 / v3 / / GUS / SMALLCELL / 11/15/20171 6
the two parallel edges of the paved roadway for vehicular travel where there is no curb. A
"Street" is generally part of, but smaller in width than the width of the entire rig ht-oF way,
while a right -of --way may include sidewalks and utility casements, a "Street' does not. A "street"
does not include the curb or the sidewalk, if either are present at the time of permit application
or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Traffic Signal means any device, whether manually, electrically, or mechanically operated
by which (ratite is alternately directed to stop and to proceed.
Transport Facility means each transmission path physically within a Public Right-of-way,
extending with a physical line from a Network Node directly to the network, for the purpose of
providing backhaul for Network Nodes.
Unde►ground Requirement Area shall mean means an area where poles, overhead wires,
and associated overhead or above ground structures have been removed and huried or have
been approved for burial underground pursuant to municipal ordinances, zoning regulations,
state law, private deed restrictions, and other public or private restrictions, that prohibit
installing aboveground structures in a public right-of-way.
User means a person or organization which conducts a business over facilities occupying
the whole or a part of a public street or right-of-way, depending on the con;ext.
Utility Pole means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Chapter 284, Section
5I.002, Utilities Code.
Wireless Service means any service, using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network
node.
Wireless Service Provider means a person that provides wireless service to the public.
Wireless Facilities mean "Micro Network Nodes." "Network Nodes," and `Mode Support
Poles' as defined in Texas Local [ ovemment Code Chapter 284.
{00009611 / 0 / / GUS / SMALLCELL / 11/15/20171
SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate
City Agreement or Subject to Concealment Conditions.
1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec.
284.104(a), a Network Provider may not install a Node Support Pole in a public right-of-way
without the City's discretionary, nondiscriminatory, and written consent if the public right-of-
way is in a Municipal park or is adjacent to a street or thoroughfare that is:
(1) not more than 50 feet wide of paved street surface, being the area
measured as the shortest distance between the inside of the curb to the
inside of the opposite curb, or the area measured as the shortest distance
between the two parallel edges of the paved roadway for vehicular travel
where there is no curb; and
(2) adjacent to single-family residential lots or other multifamily residences
or undeveloped land that is designated for residential use by zoning or
deed restrictions.
1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider
installing a Network Node or Node Support Pole in a public right-of-way described
above shall comply with private deed restrictions and other private restrictions in the
area that apply to those facilities.
1.2. Each permit application shall disclose if it is within a Municipal Park and
Residential Areas as described above.
2. Historic District and Design Districts. In accordance with Chapter 284, Sec.
284.105, a Network Provider must obtain advance written approval from the City before
collocating Network Nodes or installing Node Support Poles in a Design District with
Decorative Poles, or in an area of the City zoned or otherwise designated as a Design District
or Historic District.
2.1. As a condition for approval of Network Nodes or Node Support Poles in
Design Districts with Decorative Poles or in a Historic District, the City shall require
reasonable design or Concealment measures for the Network Nodes or Node Support
Poles. Therefore, any request for installations in a Design District with Decorative Poles
or in a Historic District, must be accompanied with proposed Concealment measures in
the permit applications.
2.2. The City request that a Network Provider explore the feasibility of using
Camouflage measures to improve the aesthetics of the Network Nodes, Node Support
Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to
minimize the impact to the aesthetics in Design Districts or in an Historic District.
{00009611 / v3 / / GUS / SMALLCELL / 11/15/2017}
2.3. Network Provider shall comply with and observe all applicable City,
State, and federal historic preservation laws and requirements.
2.4. Each permit application shall disclose if it is within a Design District with
Decorative Poles or in an area of the City zoned or otherwise designated as a Design
District or l-listoric District.
3. Historic Landmarks. A Network Provider is discouraged from installing a
Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic
Landmark recognized by the City, state or federal government (see, for example, and not limited
to §442.001(3) or the Texas Government Code, and 16 U.S.C. §474), as of the date or the
submission of the permit. it is recommended that each permit application disclose it it is with
300 feet of such a structure.
4. Compliance with Undergrounding Requirements. in accordance with Chapter
284, Scc. 284.107, a Network Provider shat[ comply with nondiscriminatory u nde rgrou nd i ng
requirements, including municipal ordinanecs, zoning regulations, state law, private deed
restrictions, and other public or private restrictions, that prohibit installing aboveground
structures in a public right-of-way without first obtaining zoning or land use approval.
4.1. Areas may be designated from time to time by the City as Underground
Requirement Areas in accordance with filed plats, and or conversions or overhead to
underground areas, as may be allowed by law.
4.2. Each permit application shall disclose if it is within an area that has
undergrounding requirements.
B. Least Preferable Locations.
I. Residential Areas and Parks. A Network Provider is discouraged rrom
installing a Network Node on an existing pole in a public right•ot way without mitten consent
from the City Council it' the public right-of-way is located in or adjacent to a street or
thoroughfare that is adjacent to a municipal park or single-family residential lots or other
multifamily residences or undeveloped land that is designated for residential use by zoning or
deed re5trlellanSr Commented [SMS]: Discuss/double check.
1.1. In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider
installing a Network Node or a Node Support Pole in a public right-of-way shall
comply with private deed restrictions and other private restrictions in the area that apply
to those facilities.
2. Historic Districts and Design Districts. A Network Provider is discouraged
from installing a Network Node or a Node Support Pole in the public right -or -way in any area
designated by the City as a Design Districts or in an area of the City zoned or otherwise
designated as a Historic District unless such a Network Node or a new Node Support Pole is
camouflaged.
C. Most Preferable Locations.
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I . Industrial areas if not adjacent to a Municipal Park, Residential area, Historic
District or Design District.
2. Highway Rights -of -Way areas if not adjacent to a Municipal Park, Residential
area, Historic District or Design District.
3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential
area, Historic District or Design District.
D. Designated Areas.
1. The City Council may designate an area as a Historic District or a Design District
under Chapter 284.105 at any time.
2. Currently designated Historic Districts are:
(a) �own Square Designated Historic District (H-TS)Jcommented 1sM6]: ADQ—Please update.
(b) Williamson County Courthouse Historic District
(c) Belford Historic District
(d) University Avenue/Elm Street Historic District
(e) Olive Street Historic District
3. Current designated Design District areas are:
(a) The area known as the Downtown area located within the Downtown
Overlay District.
(b) Areas zoned Mixed -Use Downtown (MU -DT), Mixed Use (MU), Special
Area Plan Overlay (SP), Gateway Overlay (G), and Old Town Overlay
(OT) districts.
(c) Planned Unit Development (PUD) districts that include specific aesthetic
standards for mechanical, electrical and other similar utility facility and
associated equipment.
4. The failure to designate an area in this Chapter shall not mean that such an area
is not within a defined district, if so designated by the City Council. Future areas may be
designated as one of these Districts at any time. Such a designation does not require a zoning
case.
E. Exceptions.
The City by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as
allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
(00009611 / v3 / / GUS / SMALLCELL / 11/15/2017) 10
F. Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles.
1. Existing telephone between existing utility poles. Micro Network Nodes shall
only be lashed on existing telephone transport wires between existing utility poles (electric
poles or telephones poles), with notice to the pole owner as required by the Federal Pole
Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles.
2. Existing Utility Service Drop Poles (electric poles or telephones poles), shall be
the preferred support facility for Network Nodes and related ground equipment. Installation
cannot hinder or impede the ability to ascend pole for repair or maintenance work on existing
facilities.
Municipal Service Poles:
a. Non -decorative street lights with a height of more than 20 feet.
b. Traffic signal structures when such installation will not interfere with the
integrity of the facility and will not interfere with the safety of public and
in accordance with an agreement as allowed by Chapter 284, Sec.
285.056 and Sec. 284.101 (a) (3), and (b).
C. Street signage shall be a low priority use for attachment of a Network
Node.
d. Other municipal utilitypole use is discouraged.
4. New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
5. Ground Equipment. Ground equipment should be minimal and the least intrusive.
SECTION 4. GUIDELINES ON PLACEMENT.
A. Generally.
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
way;
1. obstruct, impede, or hinder the usual travel or public safety on a public right -of -
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the municipality's publicly disclosed public right-of-way
management ordinance or this Design Manual;
{00009611 / v3 / / GUS / SMALLCELL / 11/15/20171 11
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.);
6. obstruct or hinder the ability to ascend or do maintenance work on the structure;
7. Violate the National Electrical Safety Code provisions prohibiting placement within
ten feet of energized conductors on existing utility service poles.
B. General Requirements and Information.
1. Size Limits. Network Providers shall provide detailed drawings, with
calculations to show strict conformity to the size limitations as set forth in Chapter 284, in
accordance with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node,
Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each application
and with each request for a permit for each location.'
2. State and Federal Rights-of-way permit. If the project lies within a Highway
Right -of -Way, the applicant must provide evidence of a permit from the State or Federal
Government.
3. Confirmation of non-interference with City Communication Networks.
a. The Network Provider needs to provide analysis that the proposed
network node shall not cause any interference with City public safety and
utility radio system, traffic signal light system, advanced metering
infrastructure, SCADA system, or other city safety communications
components in accordance with Chapter 284, Sec. 284.304.
b. It shall be the responsibility of the Network Provider to evaluate, prior to
making application for permit, the compatibility between the existing City
infrastructure and Provider's proposed Network Node. A Network Node
shall not be installed in a location that causes any interference. Network
Nodes shall not be allowed on City's public safety or utility radio
infrastructure.
4. Improperly Located Network Node facilities, Node Support Poles and related
ground equipment:
a. Improperly Located Network Node facilities, Node Support Poles and
related ground equipment shall not impede pedestrian or vehicular traffic
in the Right -of -Way. If any Network Node facilities, Node Support Poles
or ground equipment is installed in a location that is not in accordance
with the plans approved by the City Manager and impedes pedestrian or
vehicular traffic or does not comply or otherwise renders the Right -of -
Way non-compliant with applicable Laws, including the American
Disabilities Act, then Network Provider shall promptly remove the
Network Node facilities, Node Support Poles or ground equipment.
[00009611 / v3 / / GUS / SMALLCELL / 11/15/20171 12
b. Notice to Remove unauthorized facilities and relocate and penalty: After
30 days' notice to remove of Network Node facilities, Node Support Poles
or ground equipment that is located in the incorrect permitted location, if
not relocated the Network Provider shall be subject to a penalty of $45
per day penalty until the Network Node facilities, Node Support Poles or
ground equipment is relocated to the correct area within the permitted
Location, regardless of whether or not the Network Provider's contractor,
subcontractor, or vendor installed the Network Node facilities, Node
Support Poles or ground equipment in strict conformity with the City
Rights-of-way management ord., and other applicable ordnances
concerning improperly located facilities in the rights- of -way.
C. Underground Requirement Areas.
1. In accordance with Chapter 284.107, a Network Provider shall, in relation to
installation lar which the City approved a permit application, comply with nondiscriminatory
undergrounding requirements, including municipal ordinances, zoning regulations, state law,
private deed restrictions, and other public or private restrictions,12 that prohibit installing
aboveground structures in a public right-of-way without first obtaining zoning or land use
approval.
2. If a location is designated by the City to transition to be an Underground
Requirement Area, then a Network Provider's permit for the location of the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at such location will
be revoked 90 days after the designation, with removal of said the Micro Network Node,
Network Node, Node Support Pole, and related ground equipment at such location within 90
days of such designation, or as otherwise reasonably allowed by the City for the transition of
other overhead facilities.
D. Network Node Facilities Placement:
I. Right -of -Fray: Network Node faciIitics, Node Support Poles and related ground
equipment shall be placed. as much as possible, within two feel of the outer edge of the Right -
of -Way line to minimize any obstruction, impcdiment, or hindrance to the usual travel or public
safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a
Network Node attachment is projecting loward the strect, for the safety and protection of the
public and vehicular trafric, the attachment shall be installed no less than sixteen (16) feet above
the ground.
3. Protrusions. In accordance with Chapter 2$4, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of
the existing structure or pole shall be more than two (2) feet.
4. Limit on number of Network Nodes per Site. There shall be no more than one
Network Node on any one Pole.
{00009611 / 0 / / GUS / SMALLCELL / 11/15/20171 13
E. New Node Support Poles.
1. New Node Support Poles Spacing. New node support poles shall be spaced apart
from existing utility poles or Node Support poles at the same as the spacing between utility poles
in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another
Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect
on property values and aesthetics on the area.
2. Height of Node Support Poles or modified Utility Pole. In accordance with
Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed the
lesser of:
(1) 10 feet in height above the tallest existing utility pole located within 500
linear feet of the new pole in the same public right-of-way; or
(2) 55 feet above ground level.
F. Ground Equipment.
1. Ground Equipment near street corners and intersections: Ground equipment
should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize
any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-
of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian
traffic and in order to maximize that line of sight at street corners and intersections and to
minimize hazards at those locations, ground equipment may not be installed within 250 feet of
a street corner or a street intersection.
2. Ground Equipment near Municipal Parks. For the safety of Municipal park
patrons, particularly small children, and to allow full line of sights near Municipal park property,
the Network Provider shall not install Ground Equipment in a Right -of -Way that is within a
Park or within 250 feet of the boundary line of a Park, unless approved by the City Manager in
writing.
3. Minimize Ground equipment density: In accordance with Chapter 284, Sec.
284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small
children, the City's designee may deny a request for a proposed Location if the Network
Provider installs Network Node ground equipment where existing ground equipment within 300
feet already occupies a footprint of 25 sq. ft. or more.
4. Water, Sewer and Storm Drainage Lines: Special precautions must be taken
where underground fiber optic cable is installed in public street right-of-ways commonly used
for utility corridors.
a. Underground utilities and service connections must be identified prior to
excavation. "Dig Alert," "One Call," or similar underground utility
contractor must be contacted to identify the locations of subsurface
utilities.
{00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 14
b. If temporary disruption of service is required, the installation contractor
must notify the City, the service provider, and customers at least 24 hours
in advance. No service on such lines may be disrupted until prior
approval from the City and the service provider.
C. At locations where the fiber optic cable will cross other subsurface utilities
or structures, the cable must be installed to provide a minimum of 12
inches of vertical clearance between it and the other subsurface utilities
or structures, while still maintaining the other applicable minimum depth
requirement. To maintain the minimum depth requirement, the cable
must be installed under the existing utility. If the minimum 12 -inch
clearance cannot be obtained between the proposed cable facility and the
existing utility, the fiber optic cable must be encased in steel pipe of avoid
future damage.
d. Existing Water Lines: No communication lines shall be placed on top of
a water line but may be placed to the side of a water line at least 4 feet
from the center line of the water line. When crossing a water line, a 12 -
inch vertical or horizontal clearance must be maintained. Poles must be
at least 3 feet from a water line.
e. Existing Sewer Lines: No communication lines shall be placed on top of
a sewer line but may be placed to the side of a sewer line at least 4 feet
from the center line of the sewer line. When crossing a sewer line, a 12 -
inch vertical or horizontal clearance must be maintained. Poles must be
at least 3 feet from a sewer line.
f. Existing Storm Drainage Lines: No communication lines shall be placed
on top of a storm drainage line but may be placed to the side of a storm
drainage line at least 4 feet from the center line of the storm drainage line.
When crossing a storm drainage line, a 12 -inch vertical or horizontal
clearance must be maintained. Poles must be at least 3 feet from a storm
drainage line.
5. Blocking streets, roads, alleys or lanes: Texas Department of Transportation
(TxDOT) standards must be followed for work zone areas that will block streets, roads, alleys
or lanes. A traffic plan must be submitted to the City prior to construction.
G. Municipal Service Poles.
1. In accordance with Agreement: Installations on all Service Poles shall be in
accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101(a) (3),
and (b).
2. Required industry standard pole load analysis: Installations on all Service Poles
shall have an industry standard pole load analysis completed and submitted to the municipality
with each permit application indicating that the Service Pole to which the Network Node is to
be attached will safely support the load, in accordance with Chapter 284.108. All installations
(00009611 / 0 / / GUS / SMALLCELL / 11/15/2017) 15
must comply with the National Electrical Safety Code provision prohibiting placement within
ten feet of energized conductors on existing utility service poles.
3. Height of attachments: All attachments on all Service Poles shall be at least 8
Beet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (I) - (2) and if a Network
Node attachment is projecting toward the street, for the safety and protection of the public and
vehicular traffic, the attachment shall be installed no less than sixlccn (16) feet above the
ground.
4. Installations on Traffic Signals: Installations on all Traffic signal structures must
not interfere with the integrity of the facility in any way that may compromise the safety of the
public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056
and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal
structures shall:
Be encased in a separate conduit than the traffic light electronics;
ii. Have a separate electric power connection than the traffic signal
structure; and
iii. Have a separate access point than the traffic signal structure.
5. Installations on Street signage: Installations on all street signage structures must
not interfere with the integrity of the facility in any way that may compromise the safety of the
public. Installation ofNetwork Node facilities on any street signage structures that has electrics
shall:
Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure; and,
iii. Have a separate access point than the signage structure.
6. Restoration of City facilities and private property: The Network Provider shall
be responsible for repairing any damage to any strecl, street right -of --way, ditch or any structure
to its original condition immediately upon completing the installation. Any change to the slope
of the land must be remedied, and there must be replacement of top soil and grass to its original
condition.
SECTION 5. GENERAL AESTHETIC REQUIREMENTS.
A. Concealment.
1. Concealment of Network Nodes and Node support poles shall be required by the
City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter
284.105.
2. It is also the City's preference that all new Node Support Poles be camouflaged,
100009611 / v3 / / GUS / SMALLCELL / 11/15/20171 16
except those located in an area zoned or predominantly industrial area. Companies shall submit
their proposal for camouflage with the permit application.
3. The Network Node facilities shall be concealed or enclosed as much as
reasonably possible in an equipment box, cabinet, or other unit that may include ventilation
openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit,
so that wires are protected and not visible or visually minimized to the extent possible in strict
accordance with other applicable ordinances, codes and policies, except to the extent not
consistent with Chapter 284.
4. The Network Node facilities shall be concealed or enclosed as much as possible
in an equipment box, cabinet, or other unit that may include ventilation openings. External cables
and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are
protected and not visible or visually minimized to the extent possible, except to the extent not
consistent with Chapter 284.
B. New Node Support Pole Spacing.
New Node Support Poles shall be at a minimum 300 feet from a Utility Pole or another
Node Support Pole to minimize the hazard of Poles adjacent to road ways and to minimize effect
on property values and aesthetics on the area.
C. Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, and in accordance
with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of
pedestrians, particularly small children, the City Manager may deny a request for a proposed
Location if the Network Provider installs Network Node ground equipment where existing
ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize
effect on property values and aesthetics on the area.
D. Allowed Colors.
Colors in Historic Districts and Design Districts must be in strict accordance with
applicable ordinances, codes or policies, except to the extent not consistent with Chapter 284.
Colors in Historic Districts and Design Districts must be approved by the City Manager
from a palette of approved colors. Unless otherwise provided, all colors shall be earth tones or
shall match the background of any structure the facilities are located upon and all efforts shall
be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and
Design Districts shall conform to colors of other installations of telecommunication providers in
the immediately adjacent areas.
SECTION 6. ELECTRICAL SUPPLY.
A. Network Provider shall be responsible for obtaining any required electrical power
service to the Micro Network Node, Network Node facilities, Node Support Poles and
ground equipment. The City shall not be liable to the Network Provider for any
{00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 17
stoppages or shortages of electrical power furnished to the Micro Network Node,
Network Node facilities, Node Support Poles or ground equipment, including without
limitation, stoppages or shortages caused by any act, omission, or requirement of the
public utility serving the structure or the act or omission of any other tenant or Network
Provider of the structure, or for any other cause beyond the control of the City.
B. Network Provider shall not allow or install generators or back-up generators in the Right -
of -Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS.
1. Insurance, bonding and security deposits shall be in strict accordance with
applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284.
2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided
for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
{00009611 / v3 / / GUS / SMALLCELL / 11/15/20171 18
SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR,
A. Removal or Relocation by Network Provider.
i. Removal and relocation by the Network provider of its Micro Network Node,
Network Node facilities, Node Support Pole or related ground equipment at its own discretion,
shall be in strict accordance with applicable ordinances, codes and policies, except to the extent
not consistent with Chapter 284If the Network Provider removes or relocates a Micro Network
Nods:, Network Node facilities, Node Support Pole or related ground equipment at its own
discretion, it shall notify the City Manager in writing not less than 10 business days prior to
removal or relocation. Network Provider shall obtain all Permits required ror relocation or
removal of its Micro Network Node, Network Node facilities, Node Support Poles and related
ground equipment prior to relocation or removal.
2. The City shall not issue any refunds for any amounts paid by Network Provider
for Micro Network Node. Network Node facilities, Node Support Poles or related ground
equipment that have been removed.
B. Removal or Relocation Required for City Project.
1, Removal and Relocation of Network Provider's Micro Network Node, Network
Node, Nodc Support Polo or related ground equipment, or portion thereof required for a City
Project shall be in strict accordance with applicable ordinances, codes and policies, except to
the extent not consistent with Chapter 284, Sec. 284.107, except as provided in existing state
and federal law.
2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing
state and federal Iaw, a Network Provider shall relocate or adjust M icro Network Node. Network
Node, Node Support Pole and related ground equipment in a public right-of-way in a timely
manner and without cost to the municipality managing the public right-of-way
3. Network Provider understands and acknowledges that the City may require
Network Provider to remove or relocate its Micro Network Nods:, Network Node, Node Support
Pole and related ground equipment, or any portion thereof from the Right -of -Way for City
construction projects as allowed by state and feral law, including the common-law.
4. Network Provider shall, at the City Manager's direction, remove or relocate the
same at Netwtrrk Provider's We cost and expense, except as otherwise provided in existing
state and federal law, whenever the City Manager reasonably determines dim the relocation or
removal is needed for any of the following purposes; Required for the construction, completion,
repair, widening, relocation, or maintenance of or use in connection with, any City construction
or maintenance project of street ort public rights-of-way to enhance the traveling publics use
for travel and transportation.
5. If Network Provider fails to remove or relocate the Micro Network Node,
Network Node, Node Support Pole or related ground equipment, or portion thereof as requested
by the City Manager within 90 days of Network Provider's receipt of the request, then the City
{00009611 / v3 / / GUS / SMALLCELL / 11/15/2017} 19
shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or
related ground equipment, or portion thereof at Network Provider's sole cost and expense,
without further notice to Network Provider.
6. Network Provider shall, within 30 days following issuance of invoice for the
same, reimburse the City for its reasonable expenses incurred in the removal (including, without
limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node
Support Pole or related ground equipment, or portion thereof.
C. Removal Required by City for Safety and Imminent Danger Reasons.
1. Network Provider shall, at its sole cost and expense, promptly disconnect,
remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and
related ground equipment within the time frame and in the manner required by the City Manager
if the City Manager reasonably determines that the disconnection, removal, or relocation of any
part of a Micro Network Node, Network Node, Node Support Pole and related ground
equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the
Micro Network Node, Network Node, Node Support Pole and related ground equipment, or
portion thereof, is adversely affecting proper operation of streetlights or City property, or (c)
Network Provider fails to obtain all applicable licenses, Permits, and certifications required by
Law for its Micro Network Node, Network Node, Node Support Pole and related ground
equipment, or use of any Location under applicable law in strict accordance with applicable
ordinances, except to the extent not consistent with Chapter 284.
2. If the City Manager reasonably determines that there is imminent danger to the
public, then the City may immediately disconnect, remove, or relocate the applicable Micro
Network Node, Network Node, Node Support Pole and related ground equipment at the Network
Provider's sole cost and expense in strict accordance with applicable ordinances, codes and
policies, except to the extent not consistent with Chapter 284.
3. Network Provider shall, at its sole cost and expense, promptly disconnect,
remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and
related ground equipment within the time frame and in the manner required by the City Manager
if the City Manager reasonably determines that the disconnection, removal, or relocation of any
part of a Micro Network Node, Network Node, Node Support Pole and related ground
equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the
Micro Network Node, Network Node, Node Support Pole and related ground equipment, or
portion thereof, is adversely affecting proper operation of streetlights or City property, or (c)
Network Provider fails to obtain all applicable licenses, Permits, and certifications required by
Law for its Micro Network Node, Network Node, Node Support Pole and related ground
equipment, or use of any Location under applicable law. If the City Manager reasonably
determines that there is imminent danger to the public, then the City may immediately
disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node
Support Pole and related ground equipment at the Network Provider's sole cost and expense.
4. The City Manager shall provide 90 days written notice to the Network Provider
before removing a Micro Network Node, Network Node, Node Support Pole and related ground
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equipment under this Section, unless there is imminent danger to the public health, safety, and
welfare.
5. Network Provider shall reimburse City for the City's actual cost of removal of
Micro Network Node, Network Node, Node Support Pole and related ground equipment within
30 days of receiving the invoice from the City.
SECTION 9. INSTALLATION AND INSPECTIONS.
A. Installation.
1. Network Provider shall, at its own cost and expense, install the Micro Network
Node, Network Node facilities. Node Support Poles and related ground equipment in a good
and workmanlike manner in strict accordance with the City's rights -of --way management
ordinance, and other applicable ordinances, codes and policies, except to the extent not
consistent with Chapter 284.
2. Network Provider shall, at its own cost and expense, install the Micro Network
Node, Network Node facilities. Node Support roles and related ground equipment in a good
and workmanlike manner and in accordance with the requirements promulgated by the City
Manager, as such may be amended from time to time. Network Provider's work shall be subject
to the regulation, control and direction of the City Manager. All work done in connection with
the installation, operation, maintenance, repair, modification, and/or replacement of the Micro
Network Node, Network Node facilities,Node Support Poles and related ground equipment shall
be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City,
applicable county, the state, and the United States
B. Inspections.
1. The City Manager, or designee, may perform visual inspections of any Micro
Network Node, Network Node, Node Support Pole or related ground equipment located in the
Right -of= Way shall be allowed in strict accordance with the City's rights-nt=way management
ordinance, and other applicable ordinance& codes and policies, except to the extent not
consistent with Chapter 284.
2. The City Manager, or designee, may perform visual inspections of any Micro
Network Node, Network Node, Node Support Pole or related ground equipment located in the
Right -of- Way as the City Manager deems appropriate without notice. If the inspection requires
physical contact with the Micro Network Node, Network Node, Node Support Poles or related
ground equipment, the City Manager shall provide written notice to the Network Provider within
five business days of the planned inspection. Network Provider may have a representative
present during such inspection.
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SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and
related ground equipment shall be removed in strict accordance with applicable ordinances,
except to the extent not consistent with Chapter 284.
Network Provider shall remove Micro Network Node, Network Node, Node SupportPole
and related ground equipment when such facilities are Abandoned regardless of whether or not
it receives notice from the City. Unless the City sends notice that removal must be completed
immediately to ensure public health, safety, and welfare, the removal must be completed within
the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and
related ground equipment being Abandoned or within 90 days of receipt of written notice from
the City. When Network Provider removes, or Abandons permanent structures in the Right -of -
Way, the Network Provider shall notify the City Manager in writing of such removal or
Abandonment and shall file with the City Manager the location and description of each Micro
Network Node, Network Node, Node Support Pole and related ground equipment removed or
Abandoned. The City Manager may require the Network Provider to complete additional
remedial measures necessary for public safety and the integrity of the Right -of -Way. If Network
Provider fails to remove the Abandoned or obsolete Micro Network Node, Network Node, Node
Support Pole, or related ground equipment within the timeframes allowed, then the City may
proceed to remove the Abondoned equipment and the Network Provider shall reimburse City for
the City's actual cost of removal of Micro Network Node, Network Node, Node Support Pole
and related ground equipment within 30 days of receiving the invoice from the City.
SECTION 11. GENERAL PROVISIONS.
1. As Built Maps and Records. Network Provider's as built maps and records shall
be in strict accordance with the City's rights-of-way management ordinance, and other
applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284.
Network Provider shall maintain accurate maps and other appropriate records of
its Network Node facilities, Node Support Poles and related ground equipment as they are
actually constructed in the Rights -of -Way, including, upon request, the use of Auto CAD/GIS
digital format. Network Provider will provide additional maps to the City upon request.
2. Courtesy and Proper Performance. Courtesy and Proper Performance of
Network provider's personnel, and contractors shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
Network Provider shall make citizen satisfaction a priority in using the Right -of -
Way. Network Provider shall train its employees to be customer service-oriented and to
positively and politely interact with citizens when dealing with issues pertaining to its Micro
Network Node, Network Node, Node Support Pole and related ground equipment in the Right -
of -Way. Network Provider's employees shall be clean, courteous, efficient, and neat in
{00009611 / v3 / / GUS / SMALLCELL / 11/15/2017] 22
appearance and committed to offering the highest quality of interaction with the public. If, in
the opinion of the City Manager or designee, Network Provider is not interacting in a positive
and polite manner with citizens, he or she shall request Network Provider to take all remedial
steps to conform to these standards.
3. Drug Policy. Drug policy of Network provider's personnel, and contractors in
the rights-of-way shall be in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, codes and policies, except to the extent not
consistent with Chapter 284.
It is the policy of the City to achieve a drug-free workforce and workplace. The
manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by
Network Provider's employees, contractors, subcontractors, sub -Network Provider's, or vendors
while on City rights-of-way is prohibited.
4. Allocation of Funds for Removal and Storage. The City has appropriated no
funds to pay for the cost of any removal or storage of Micro Network Node, Network Node,
Node Support Pole and related ground equipment, as authorized under this Article.
5. Ownership. Ownership of Network Node and related equipment shall be in strict
accordance with applicable ordinances, codes and policies, except to the extent not consistent
with Chapter 284.
No part of a Micro Network Node, Network Node, Node Support Pole and related
ground equipment erected or placed on the Right -of -Way by Network Provider will become, or
be considered by the City as being affixed to or a part of, the Right -of -Way. All portions of the
Micro Network Node, Network Node, Node Support Pole and related ground equipment
constructed, modified, erected, or placed by Network Provider on the Right -of -Way will be and
remain the property of Network Provider and may be removed by Network Provider at any time,
provided the Network Provider shall notify the City Manager prior to any work in the Right -of -
Way.
6. Tree Maintenance. Tree maintenance shall be in strict accordance with
applicable ordinances, except to the extent not consistent with Chapter 284.
Network Provider, its contractors, and agents shall obtain written permission from
the City Manager before trimming trees hanging over its Micro Network Node, Network Node,
or Node Support Pole, to prevent branches of such trees from contacting attached Micro
Network Node, Network Node, or Node Support Pole. When directed by the City Manager,
Network Provider shall trim under the supervision and direction of the Parks Director. The
City shall not be liable for any damages, injuries, or claims arising from Network Provider's
actions under this section.
7. Signage. Signage shall be in strict accordance with applicable ordinances, codes
and policies, except to the extent not consistent with Chapter 284.
Network Provider shall post its name, location identifying information, and
emergency telephone number in an area on the cabinet of the Network Node facility that is
(00009611 / A / / GUS / SMALLCELL / 11/15/2017) 23
visible. to the public. Signage required under this section shall not exceed 4" x 6", unless
otherwise required by law (c.g. RF ground notification signs) or the City Manager.
Except as required by law or by the Utility Pole owner, Network Provider shall
not post any other signage or advertising on the Micro Network Node, Network Node, Node
Support Pale, Service pole or Utility Pole.
8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with
applicable ordinances, codes and policies, except to the extent not consistent with Chapter 284.
As soon as practical, but not later than rourtccn (14) calendar days from the date
Network Provider receives notice thercof Network Provider shall remove all graffiti on any
of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment
located in the Right of Way, The foregoing shall not relieve the Network Provider from
complying with any City graffiti or visual blight ordinance or regulation.
9. Restoration. Network Provider shall restore and repair of tate rights-of-way from
any damage to the Right -of -Way, or any facilities located within the Right -or -Way, and the
property of any third party resulting from Network Provider's removal or relocation activities
(or any other of Network Provider's activities hereunder) in strict accordance with applicable
ordinances, except to the extent not consistent with Chapter 284.
Network Provider shall repair any damage to the Right -of -Way, or any facilities
located within the Right -of -Way, and the property of any third party resulting from Network
Provider's removal or relocation activities (or any other of Network Provider's activities
hereunder) within 10 calendar days following the date of such removal or relocation, at Network
Provider's sole cost and expense, including restoration of the Right -of -Way and such property
to substantially the same condition as it was immediately before the date Network Provider was
granted a Permit for the applicable location or did the work at such Location (even if Network
Pmvidcr did not first obtain a Permit), including restoration or replacement of any damaged
trees, shnihs or other vegetation. Such repair, restoration and replacement shall be subject to
the sale, reasonable approval of the City Manager.
10. Network Provider's Responsibility, Network Provider shall be responsible and
liable for the acts and omissions of Network Provider's employees, temporary employees,
officers, directors, consultan(s, agents, Affiliates, subsidiaries, sub -Network Provider's and
subcontractors in connection with the installations of any Micro Network Node, Network Node,
Node Support Pole and related ground equipment, as if such acts or omissions were Network
Provider's acts or omissions in strict accordance with applicable ordinances, except to the extent
not consistent with Chapter 284.
Network Provider shall be responsible and liable for the acts and omissions of
Network Provider's employees, temporary employees, officers, directors, consultants. agents,
Affiliates, subsidiaries, sub -Network Provider's and subcontractors in connection with the
installations of any Micro Network Node, Network Node, Node Support Pole and related
ground equipment, as if such acts or omissions were Network Provider's acts or omissions.
SECTION 12-19 RESERVED.
100009611 / v3 / / GUS / SMALLCELL / 11/15/2017) 24
SECTION 20. DESIGN MANUAL — UPDATES.
Placement or Modification of Micro Network Node, Network Node, Node Support Pole
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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