A network provider seeking to site, install, collocate, maintain, repair, relocate, replace, and remove wireless facilities in the public right-of-way must comply with the provisions of state and federal law and with this article and the city’s pole attachment specifications approved by the city, as they currently exist or may hereafter be amended, except where in conflict with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-140)
Abandon and its derivatives, and abandoned facilities,
mean facilities not operated for any continuous period of twelve (12) months.
Antenna
means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
Applicable codes
means:
(1) 
The building, fire, electrical, plumbing, or mechanical codes as adopted by the city and adopted by a recognized national code organization; and
(2) 
Any local amendments to those codes to the extent not inconsistent with chapter ]284.
Chapter 284
means chapter 284 of subtitle A, title 9 of the Texas Local Government Code.
Collocate and collocation
mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or camouflaged
means any wireless facility or pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the wireless facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for city advance approval under chapter 284, section 284.105 in historic or design districts. A concealed or camouflaged wireless facility or pole also includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to, hidden beneath a facade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches.
Decorative pole
means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes.
Design district
means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Director
means the city engineer or his or her designee.
Easement
means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. “Easement” shall include a private easement used for the provision of utilities.
Highway right-of-way
means right-of-way adjacent to a state or federal highway.
Historic district
means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
Law
means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
Local
means within the corporate boundaries of the city.
Location
means the city approved and lawfully permitted location for the network node.
Macro tower
means a guyed or self-supported pole or monopole greater than the height parameters prescribed by chapter 284, section 284.103 and that supports or is capable of supporting antennas.
Micro network node
means a network node that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, and that has an exterior antenna, if any, not longer than eleven (11) inches.
Municipal park
means an area that is zoned or otherwise designated by the city as a public park for the purpose of recreational activity.
Municipally owned utility pole
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.
Network node
means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term 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, (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation, and (iv) a distributed antenna system or DAS. The term does not include: (i) an electric generator, (ii) a pole, or (iii) a macro tower. Small cell shall be included as a type of “network node.”
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.
“Provider” has the same meaning as “network provider.”
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.
Pole attachment specifications
means the structural, electrical, design, contractual or other requirements adopted or approved by the city which are applicable to network nodes proposed for attachment to any pole, including but not limited to those requirements set forth in this division.
Residential area
means any area designated as residential pursuant to the city’s zoning code, and includes but is not limited to districts with zoning designations SF, 2F, MF and PD.
Right-of-way or public right-of-way
means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, drainageway, channel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the city but shall specifically exclude private property and the airwaves above a public right-of-way with regard to wireless telecommunications.
Right-of-way management ordinance
means this article and any other regulations governing access, use, or maintenance of the right-of-way.
Service pole
means a pole, other than a municipally owned utility pole, owned or operated by the city and located in a public right-of-way, including:
(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.
Street,
as used in this division, includes only the paved portion and subgrade of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two (2) parallel edges of the paved roadway for vehicular travel where there is no curb. A “street” is generally part of, but smaller in width, than the width of the entire right-of-way, and while a right-of-way may include sidewalks and utility easements, a “street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
Traffic signal
means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
Transport facility
means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
Underground requirement area
means an area where poles, overhead wires, and associated overhead or above-ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions that prohibit installing above-ground structures in a public right-of-way.
User
means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context.
Utility pole
means a pole that provides:
(1) 
Electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(2) 
Services of a telecommunications provider, as defined by section 51.002 of the Texas Utilities Code.
Wireless facilities
means “micro network nodes,” “network nodes,” and “node support poles” as defined in chapter 284 of the Texas Local Government 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.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-141)
A network provider must submit an application for a permit, as that term is defined in the right-of-way management ordinance, prior to installing a network node, node support pole, or transport facility in the public right-of-way and prior to any excavating or closing sidewalks or vehicular lanes in a public right-of-way in association with any routine maintenance, replacement, repair, or upgrading work. The application for such a permit must include the following:
(1) 
Detailed drawings, with calculations to show strict conformity to the size limitations as set forth in chapter 284, including but not limited to chapter 284, section 284.002 (size of a micro network node), section 284.003 (size of network nodes), and section 284.103 (maximum pole height), and with the requirements of this division, the right-of-way management ordinance, and the pole attachment specifications;
(2) 
An analysis showing that the proposed wireless facility(ies) will not cause any interference with city public safety radio system, traffic signal light system, airport communications, air traffic control, aviation systems, or other city safety communications components in accordance with chapter 284, section 284.304;
(3) 
A proposal and depiction to camouflage or conceal the network node consistent with the requirements of this division;
(4) 
Disclose on a map in GIS or other format acceptable to the city whether the location is any of the following:
(A) 
Within a municipal park or a residential area;
(B) 
Within a design district with decorative poles or in an area of the city zoned or otherwise designated as a historic district or design district;
(C) 
Within an area that has undergrounding requirements;
(D) 
Within three hundred (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 section 442.001(3) of the Texas Government Code, and 16 U.S.C. section 470), as of the date of the submission of the permit;
(5) 
A certificate that the network node complies with applicable regulations of the Federal Communications Commission.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-142)
(a) 
In lieu of the fees provided elsewhere in this article, a network provider must pay fees for permit applications and use of the public rights-of-way as provided in chapter 284; because the city requires the payment of a fee for similar types of commercial development inside the city’s territorial jurisdiction, other than a type for which application or permit fees are not allowed by law, the city is eligible to charge an applications fee for deployments under this division. Unless there is a change in law, the fees shall be assessed consistently with chapter 284, as it currently exists or may hereafter be amended, which currently are based on the number of poles and/or network nodes contained in an application at the rates set forth in the fee schedule in appendix A of this code, which rates are subject to adjustment as provided in chapter 284.
(b) 
Adoption of the fees in this division shall not been seen as a finding by the city that the fees are greater than or equal to the actual, direct, and reasonable costs the city determines are incurred in granting or processing an application that are reasonably related in time to the time the costs of granting or processing an application are incurred.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-143; Ordinance adopting 2021 Code)
A network provider is prohibited or restricted from locating micro network nodes, network nodes, node support poles and related ground equipment, except with a separate city agreement or subject to concealment conditions, as follows:
(1) 
Municipal parks and residential areas.
In accordance with chapter 284, section 284.104(a), a network provider may not install a node support pole in a public right-of-way without the city’s written consent in accordance with subsection (4) if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is:
(A) 
Not more than fifty (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 (2) parallel edges of the paved roadway for vehicular travel where there is no curb; and
(B) 
Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
In accordance with chapter 284, section 284.104(b), a network provider installing a network node or node support pole in a public right-of-way described in subsection (1) must comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
(2) 
Historic districts and design districts.
In accordance with chapter 284, section 284.105, a network provider must obtain advance written approval from the city in accordance with subsection (4) 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.
(A) 
As a condition for approval of network nodes or node support poles in design districts with decorative poles or in a historic district, the network provider must use design or concealment measures for the network nodes or node support poles to comply with the design and aesthetic standards of the district. 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 application.
(B) 
A network provider must 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 a historic district.
(C) 
Network providers must comply with and observe all applicable city, state, and federal historic preservation laws and requirements.
(D) 
The city council and city historic preservation commission, pursuant to article 9.05, may designate an area as a historic district or a design district under chapter 284, section 284.105 at any time.
(E) 
Currently designated historic districts are the following:
(i) 
Historic District Number 1 (HD-1), the Downtown Historic District, established June 5, 2003 by Ordinance No. 2003-023, and any amendments or modifications thereto.
(ii) 
Historic District Number 2 (HD-2), Church Street Historic District, established August 5, 2004 by Ordinance No. 2004-021, and any amendments or modifications thereto.
(iii) 
Historic District Number 3 (HD-3), 1125 Bonham Street, established October 13, 2003 by Ordinance No. 2003-045, and any amendments or modifications thereto.
(iv) 
Historic District Number 4 (HD-4), 714 Graham Street, established on August 9, 2004 by Ordinance No. 2004-022, and any amendments or modifications thereto.
(v) 
Historic District Number 5 (HD-5), 625 6th Street S.E., established on August 9, 2004 by Ordinance No. 2004-023, and any amendments or modifications thereto.
(vi) 
Historic District Number 6 (HD-6), 1970 Clarksville Street, 410, 428, 429, and 440 Grand Avenue established on August 9, 2004 by Ordinance No. 2004-024, and any amendments or modifications thereto.
(vii) 
Historic District Number 7 (HD-7), W. Kaufman Street, established on August 9, 2004 by Ordinance No. 2004-025, and any amendments or modifications thereto.
(viii) 
Historic District Number 8 (HD-8), 357 W. Kaufman Street, established on August 9, 2004 by Ordinance No. 2004-026, and any amendments or modifications thereto.
(ix) 
Historic District Number 9 (HD-9), 625 Washington Street, established on September 9, 2004 by Ordinance No. 2004-031, and any amendments or modifications thereto.
(x) 
Historic District Number 10 (HD-10), part of 1033 Bonham Street, established on September 9, 2004 by Ordinance No. 2004-032, and any amendments or modifications thereto.
(xi) 
Historic District Number 11 (HD-11), 744 3rd Street S.W., established on September 9, 2004 by Ordinance No. 2004-033, and any amendments or modifications thereto.
(xii) 
Historic District Number 12 (HD-12), 2006 Bonham Street, established on September 9, 2004 by Ordinance No. 2004-034, and any amendments or modifications thereto.
(xiii) 
Historic District Number 13 (HD-13), 561 Clarksville Street, established on October 10, 2005 by Ordinance No. 2005-054, and any amendments or modifications thereto.
(xiv) 
Historic District Number 14 (HD-14), 546 Pine Bluff, established on December 12, 2005 by Ordinance No. 2005-064, and any amendments or modifications thereto.
(xv) 
Historic District Number 15 (HD-15), 418 W. Washington, established on September 10, 2007 by Ordinance No. 2007-025, and any amendments or modifications thereto.
(xvi) 
Historic District Number 16 (HD-16), 726 W. Sherman, established on October 22, 2012 by Ordinance No. 2012-031, and any amendments or modifications thereto.
(xvii) 
Historic District Number 17 (HD-17), 60 Sycamore, established on September 8, 2014 by Ordinance No. 2014-015, and any amendments or modifications thereto.
(F) 
Currently designated design districts are the following:
(i) 
Design District Number 1 is the area designated as the HD-1, Historic District No. 1, the Downtown Historic District, established June 5, 2003 by Ordinance Number 2003-023, and any amendments or modifications thereto.
(ii) 
Design District Number 2 is the area designed as the Samuel Bell Maxey House, state historic site.
(G) 
The failure to designate an area in this section 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 amendment of this division.
(3) 
Compliance with undergrounding requirements.
In accordance with chapter 284, section 284.107, a network provider shall comply with nondiscriminatory undergrounding requirements, municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions that prohibit installing above-ground structures in a public right-of-way without first obtaining zoning or land use approval.
(A) 
The city may designate areas from time to time as underground requirement areas in accordance with filed plats, and/or conversions of overhead to underground areas, as may be allowed by law.
(B) 
The failure to designate an area in this section shall not mean that such an area is not within an underground requirement area, if so designated by the city council. Future areas may be designated as an underground requirement area at any time. Such a designation does not require amendment of this division.
(C) 
Exceptions. The city by its discretionary consent and agreement may grant exception to the prohibited and restricted locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by chapter 284, section 284.109 and section 284.110.
(4) 
In accordance with chapter 284, section 284.104(b), a network provider installing a network node or node support pole in a public right-of-way described in subsection (1), (2) or (3) must comply with the following:
(A) 
A network provider may not install a new node support pole in a public right-of-way in a historic district pursuant to subsection (1) without a certificate of appropriateness from the city historic preservation commission granted in accordance with the procedures set forth in article 9.05.
(B) 
A network provider may not install a new node support pole or collocate on a pole in a public right-of-way in a residential area pursuant to subsection (1), (2) or (3) without a variance granted in accordance with the procedures set forth in the city zoning ordinance, section 28.113(c) and (d), except that no fee shall be due, and also provided as follows:
(i) 
Variances allowed.
The city council may only grant a variance to:
a. 
The distance between poles;
b. 
The height of node support poles;
c. 
The number of nodes permitted on a single node support pole;
d. 
The type of concealment;
e. 
The undergrounding requirements.
(ii) 
Criteria for approval for new node support pole.
In order for the city council to grant a variance, the applicant must show that:
a. 
No location meeting the preferences in section 10.05.256(b) is technically feasible;
b. 
The granting of the variance will comport with the purpose of this article and the comprehensive future land use plan, and will not be materially detrimental to the adjacent property, surrounding area, or to the public in general; and
c. 
The variance requested is the minimum variance necessary to afford relief.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-144; Ordinance adopting 2021 Code)
(a) 
The following locations are least preferable locations for network nodes:
(1) 
Historic landmarks.
A network provider is discouraged from installing a network node or node support pole within three hundred (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 section 442.001(3) of the Texas Government Code, and 16 U.S.C. section 470), as of the date of the submission of the permit.
(2) 
Residential areas and parks.
(A) 
A network provider is discouraged from installing a network node on a node support pole in a public right-of-way without written consent from the city council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(B) 
In accordance with chapter 284, section 284.104(b), a network provider installing a network node or a node support pole in a public right-of-way must comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
(3) 
Historic districts and design districts.
A network provider is discouraged from installing a network node or a node support pole in the public right-of-way in any area designated by the city as a design district 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.
(b) 
The following locations are most preferable locations for network nodes:
(1) 
Industrial areas if not adjacent to a municipal park, residential area, historic district or design district.
(2) 
Highway right-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.
(c) 
The following constitute the city’s order of preference regarding network node attachment to existing facilities and new node support poles:
(1) 
Existing telephone or electrical lines between existing utility poles. Micro network nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the federal Pole Attachment Act, and not placed on utility poles, node support poles or service poles.
(2) 
Existing utility poles (electric poles or telephones poles), shall be the preferred support facility for network nodes and related ground equipment.
(3) 
Service poles.
(A) 
Non-decorative streetlights with a height of more than twenty (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, section 284.056 and section 284.101(a)(3) and (b).
(C) 
Street signage shall be a low priority use for attachment of a network node.
(D) 
Other municipal service pole use is discouraged.
(4) 
New node support poles shall be the least preferred type of allowed facility for attachment of network nodes.
(5) 
Ground equipment must be minimal and the least intrusive by incorporating concealment measures.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-145)
(a) 
General prohibitions.
In accordance with chapter 284, section 284.102, a network provider must construct and maintain network nodes and node support poles in a manner that does not:
(1) 
Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;
(2) 
Obstruct the legal use of a public right-of-way by other utility providers;
(3) 
Violate nondiscriminatory applicable codes;
(4) 
Violate or conflict with the city’s right-of-way management ordinance or this division;
(5) 
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. section 12101 et seq.);
(6) 
Interfere with the public safety radio system, traffic signal light system, airport communications, air traffic control, aviation systems, or other city safety communications components.
Failure to comply with this section is a violation of this code and shall be subject to all remedies available under law and subject to application of the penalties outlined in section 10.05.259 [10.05.258].
(b) 
General requirements.
A network provider must construct and maintain network nodes, node support poles, ground equipment and related equipment in a manner that complies with the following:
(1) 
Size and height limits.
Network providers shall comply strictly with the limitations as set forth in chapter 284, including but not limited to chapter 284, section 284.002 (size of a micro network node), section 284.003 (size of network nodes), and section 284.103 (maximum pole height).
(2) 
State and federal right-of-way permits.
If the project lies within a highway right-of-way, provide evidence of a permit from the state or federal government.
(3) 
Non-interference.
Wireless facilities must be installed in a manner that does not cause any interference with public safety radio system, traffic signal light system, airport communications, air traffic control, aviation systems. Network nodes shall not be allowed on city’s public safety radio infrastructure.
(4) 
Design manual.
Network providers shall comply with the design requirements in this division and with any additional requirements for the installation and construction of network nodes and new node support poles in the public right-of-way that do not conflict with chapter 284.
(c) 
Underground requirement areas.
(1) 
In accordance with chapter 284, section 284.107, a network provider shall, in relation to installation for which the city approved a permit application pursuant to this division, comply with applicable nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing above-ground structures in a public right-of-way without first obtaining zoning or land use approval.
(2) 
If a location is designated by the city to be an underground requirement area, then a network provider’s permit for the location of the micro network node, network node, node support pole, and related ground equipment at such location will be revoked ninety (90) days after the designation and the network provider must remove all equipment located under the revoked permit at such location in accordance with the designation or as otherwise reasonably allowed by the city for the transition of other overhead facilities.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-146)
(a) 
Remedies for noncompliance.
Failure to comply with section 10.05.258 [10.05.257] shall be subject to all remedies available under law and subject to application of the penalties outlined in the following subsections.
(b) 
Removal required.
Improperly located network nodes, node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way, or otherwise be inconsistent with the requirements of this division. If any network node facilities, node support poles or ground equipment is installed in a manner that is not in accordance with the plans approved by the city or impedes pedestrian or vehicular traffic or does not comply otherwise with this article or renders the right-of-way noncompliant with applicable laws, including the Americans with Disabilities Act, then the network provider shall promptly remove the network node facilities, node support poles or ground equipment.
(c) 
Notice to remove unauthorized facilities; penalty.
After thirty (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 in accordance with the general penalty provided in section 1.01.009 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’s right-of-way management ordinance, and other applicable ordinances, concerning improperly located facilities in the rights-of-way.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-147; Ordinance adopting 2021 Code)
(a) 
Network node facilities placement.
(1) 
Placement in right-of-way.
Network node facilities, node support poles and related ground equipment must be placed, as much as possible, within two (2) feet of the outer edge of the right-of-way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way.
(2) 
Height above ground.
Network node attachments to a pole must be installed at least eight (8) feet above the ground in accordance with chapter 284, section 284.108, and if a network node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground.
(3) 
Protrusions.
In accordance with chapter 284, section 284.003(a)(1)(C), section 284.003(a)(2)(C) and section 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 pole.
There shall be no more than one (1) network node on any one (1) pole without a variance granted in accordance with the procedure set forth in section 28-113 of the zoning ordinance and an agreement as allowed by chapter 284, section 284.101(a)(3) and (b).
(b) 
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 three hundred (300) feet from a utility pole or another node support pole to minimize the hazard of poles adjacent to roadways 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, section 284.103, a node support pole or modified utility pole may not exceed the lesser of:
(A) 
Ten (10) feet in height above the tallest existing utility pole located within five hundred (500) linear feet of the new pole in the same public right-of-way; or
(B) 
Fifty-five (55) feet above ground level.
(c) 
Ground equipment.
(1) 
Ground equipment near street corners and intersections.
Ground equipment should be minimal and the least intrusive. In accordance with chapter 284, section 284.102(1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way, and in order to maximize the 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 two hundred fifty (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 sight near municipal park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within two hundred fifty (250) feet of the boundary line of a park, unless approved by the director in writing.
(d) 
Service poles.
(1) 
Installations on a service pole must be in accordance with an agreement as allowed by chapter 284, section 284.056 and section 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 city with each permit application indicating that the service pole to which the network node is to be attached will safely support the load, in accordance with chapter 284, section 284.108.
(3) 
Height of attachments.
All attachments on all service poles shall be at least eight (8) feet above grade, in accordance with chapter 284, section 284.108(a)(1) and (2), and if a network node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground.
(4) 
Installations on traffic signal or signage structures.
Installations on all traffic signal or signage 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, section 284.056 and section 284.101(a)(3) and (b). Installation of network node facilities on any traffic signal structures must comply with the following:
(A) 
Any standards applicable to the proposed installation contained in the uniform manual on traffic control devices;
(B) 
Be encased in a separate conduit than the traffic light electronics;
(C) 
Have a separate electric power connection than the traffic signal or signage structure; and
(D) 
Have a separate access point than the traffic signal structure.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-148)
Wireless facilities must comply with the following aesthetic requirements:
(1) 
Concealment.
(A) 
Network nodes and node support poles located in design districts with decorative poles and in historic districts pursuant to chapter 284, section 284.105 must be concealed consistent with the requirements of the district.
(B) 
All new node support poles must be camouflaged, except those located in an area zoned or predominantly industrial area.
(C) 
All new node support poles must comply with the city’s pole attachment specifications to the extent those specifications are consistent with chapter 284.
(2) 
New node support pole 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 three hundred (300) feet from a utility pole or another node support pole to minimize the hazard of poles adjacent to roadways and to minimize effect on property values and aesthetics on the area.
(3) 
Allowed colors.
Colors in historic districts and design districts must be in strict accordance with the city’s right-of-way management ordinance, the historic district design requirement manual, and other applicable ordinances, except to the extent not consistent with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-149)
(a) 
A network provider must obtain any required electrical power service to the micro network node, network node facilities, node support poles and ground equipment. The city shall not be liable to the network provider for any stoppages or shortages of electrical power furnished to the micro network node, network node facilities, node support poles or ground equipment, including, without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or network provider of the structure, or for any other cause beyond the control of the city.
(b) 
A network provider must not install, permit, use, or facilitate the presence or use of generators or back-up generators in the right-of-way in accordance with chapter 284, section 284.002(12)(B)(i).
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-150)
(a) 
To the extent consistent with chapter 284, a network provider must provide insurance, bonds and security deposits in strict accordance with the requirements of this article, any other applicable ordinances, and with the requirements of any agreement applicable to the wireless facility. In the event of a conflict, the requirement most protective of the city’s interests prevails.
(b) 
The indemnification provisions of chapter 284, section 284.302, as provided for in chapter 283, section 283.057(a) and (b) of the Texas Local Government Code apply to a network provider accessing a public right-of-way under this article.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-151)
(a) 
A network provider shall, at its own cost and expense, install micro network nodes, network node facilities, node support poles and related ground equipment in a good and workmanlike manner in strict accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(b) 
The director, or designee, may perform inspections of any micro network node, network node, node support pole or related ground equipment located in the right-of-way allowed in accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-152)
Except as provided in state and federal law, a network provider shall relocate or adjust micro network nodes, network node facilities, node support poles and related ground equipment in a public right-of-way in a timely manner and without cost to the city in the management of the public right-of-way and shall comply with the relocation requirements in the right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-153)
(a) 
A network provider must provide the city with thirty (30) days’ advance notice of any maintenance work conducted within the right-of-way and of any work to replace or upgrade a network node or pole, to install, place, maintain, operate, or replace micro network nodes that are strung on cables between existing poles or node support poles.
(b) 
A network provider must comply strictly with the requirements of the right-of-way management ordinance, and other applicable ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating micro network nodes, network node facilities, node support poles and related ground equipment, except to the extent not consistent with chapter 284, section 284.107, and except as provided in existing state and federal law.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-154)
Abandoned or obsolete micro network nodes, network nodes, node support poles and related ground equipment shall be removed in strict accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-155)
(a) 
As-built maps and records.
A network provider’s as-built maps and records shall be in strict accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(b) 
Ownership of equipment.
Ownership of network nodes and related equipment shall be in strict accordance with chapter 284, the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(c) 
Tree maintenance.
Tree maintenance shall be in strict accordance with the city’s right-of-way management ordinance, article 9.07 of this code, and other applicable ordinances, except to the extent not consistent with chapter 284.
(d) 
Signage.
Signage shall be in strict accordance with the city’s right-of-way management ordinance, article 4.10 (signs) of this code, and other applicable ordinances, except to the extent not consistent with chapter 284.
(e) 
Graffitiabatement.
Graffiti abatement shall be in strict accordance with the city’s right-of-way management ordinance, section 8.03.002, and other applicable ordinances, except to the extent not consistent with chapter 284.
(f) 
Damage to right-of-way or property.
The network provider shall restore and repair the rights-of-way from any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third party resulting from the network provider’s activities in or near the right-of-way (or any other of the network provider’s activities hereunder) in strict accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(g) 
Responsibility for acts of employees.
The network provider shall be responsible and liable for the acts and omissions of the network provider’s employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub-network providers 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 the network provider’s acts or omissions in strict accordance with the city’s right-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with chapter 284.
(Ordinance 2017-033, sec. 2, adopted 8/28/17; 1988 Code, sec. 29-156)