HomeMy WebLinkAbout2169 09-12-2017 ORDINANCE NO. 2169
AN ORDINANCE OF THE CITY OF EULESS, TEXAS ADOPTING
REGULATIONS GOVERNING THE PHYSICAL USE, OCCUPANCY AND
MAINTENANCE OF CITY RIGHTS-OF-WAY BY WIRELESS NETWORK
PROVIDERS; DESCRIBING THE PURPOSE; PROVIDING
DEFINITIONS; REQUIRING COMPLIANCE WITH THE CITY DESIGN
MANUAL AND APPLICABLE CODES FOR THE INSTALLATION OF
NETWORK NODES AND NODE SUPPORT POLES PURSUANT TO
CHAPTER 284 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING PROCEDURES FOR APPLICATIONS FOR PERMITS;
ESTABLISHING TIME PERIODS FOR APPROVAL OF PERMIT
APPLICATIONS; PROVIDING APPLICATION FEES AND ANNUAL
PUBLIC RIGHT-OF-WAY RENTAL RATES; PROVIDING
RESTRICTIONS ON PLACEMENT OF NETWORK NODES AND NODE
SUPPORT POLES IN MUNICIPAL PARKS, RESIDENTIAL AREAS, AND
DESIGN DISTRICTS; PROVIDING INDEMNITY FOR THE CITY;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, Chapter 284 of the Texas Local Government Code ("the Code")
allows certain wireless network providers to install in the public rights-of-way their wireless
facilities, described and defined in Section 284.002 of the Code as "Micro Network
Nodes," "Network Nodes," and "Node Support Poles;" and
WHEREAS, in accordance with Section 284.108 of the Code and pursuant to its
police power authority reserved in Sec. 284.301 of the Code, the City has adopted a
Design Manual for the Installation of Network Nodes and Node Support Poles ("the
Design Manual") in order facilitate the local permitting of Network Nodes and Node
Support Poles within the public rights-of-way; and
WHEREAS, the City Council desires to regulate the installation of Network Nodes
and Network Support Poles pursuant to Chapter 284 of the Code in a way that is fair,
reasonable and nondiscriminatory and in a manner that protects and safeguard's the
public health, safety and general welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The"Design Manual of the City of Euless, Texas for the Installation of Network Nodes
and Node Support Poles," attached hereto as Exhibit A, is hereby adopted as the Design
Manual for the City of Euless, Texas, which together with the regulations set forth in this
Ordinance, shall govern the installation, construction, maintenance and occupancy of
network nodes and node support poles within the public right-of-way.
SECTION 2.
The Code of Ordinances, City of Euless, Texas, is hereby amended by adding a new
Division 2 to Article I of Chapter 86, which Division 2 reads as follows:
"Division 2. Wireless facilities within public right-of-way
Sec. 86-3 Purpose.
The purpose of this Division is to:
(1) Assist the City in the competitively neutral and nondiscriminatory
management of the physical use, occupancy and maintenance of its public rights-of-way
by wireless network providers;
(2) Secure fair and reasonable compensation for the physical use and
occupancy of the public rights-of-way by wireless network providers in a
nondiscriminatory and competitively neutral manner; and
(3) Assist the City in protecting the public health, safety, and welfare.
Sec. 86-4 Governing law.
This Division shall be construed in accordance with Chapter 284 of the Texas Local
Government Code ("the Code") to the extent not in conflict with the Constitution and laws
of the United States or of the State of Texas.
Sec. 86-5 Definitions.
For the purpose of this Division, the definitions found in the City Design Manual for
the Installation of Network Nodes and Node Support Poles ("the Design Manual") are
hereby incorporated into this Division and shall apply unless the context clearly indicates
or requires a different meaning. The following definitions as found in the Design Manual
are specifically applicable to this Division:
Ordinance No. 2169, Page 2 of 34
Applicable codes means:
(1) the City uniform building, fire, electrical, plumbing, or mechanical codes
adopted by a recognized national code organization; and
(2) local amendments to those codes to the extent not inconsistent with Chapter
284.
City means the City of Euless, Texas.
City Council means the municipal governing body of the City of Euless, Texas.
Chapter 284 means Texas Local Government Code, Chapter 284.
City Manager means the mayor of the City of Euless, Texas, or designee.
Code means the Texas Local Government Code.
Collocate and collocation mean the installation, mounting, maintenance, modification,
operation, or replacement of Network Nodes in a public right-of-way on or adjacent to a
pole.
Decorative pole means a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed
informational or directional signage or temporary holiday or special event attachments,
have been placed or are permitted to be placed according to nondiscriminatory City codes
and ordinances.
Design District means 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.
Easement means and shall include any public easement or other compatible use
created by dedication, or by other means, to the City for public utility purposes or any
other purpose whatsoever. "Easement" shall include a private easement used for the
provision of utilities.
Federal Communications Commission or FCC means the Federal Administrative
Agency, or lawful successor, authorized to oversee cable television and other multi-
channel regulation on a national level.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Law means common law or a federal, state, or local law, statute, code, rule, regulation,
order, or ordinance.
Local means within the geographical boundaries of the City.
Ordinance No. 2169, Page 3 of 34
Location means the City-approved and lawfully permitted location for the Network Node.
Micro network node means a Network Node that is not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if
any, not longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by the City as a
public park for the purpose of recreational activity.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(1) includes:
a. equipment associated with wireless communications;
b. a radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
c. coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(2) does not include:
a. an electric generator;
b. a pole; or
c. a macro tower
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.
Permit means a written authorization for the use of the public right-of-way or collocation
on a service pole required from the City before a network provider may perform an action
or initiate, continue, or complete a project over which the municipality has police power
authority.
Pole means a service pole, City-owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the
benefit of the grantor and grantee and their successors and assigns.
Provider has the same meaning as "Network Provider."
Public right-of-way means the area on, below, or above a public roadway, highway, street,
Ordinance No. 2169, Page 4 of 34
public sidewalk, alley, waterway, or utility easement in which the public has an interest.
The term does not include:
(1) a private easement; or
(2) the airwaves above a public right-of-way with regard to wireless
telecommunications.
Service pole means a pole, other than a City-owned utility pole, owned or operated by the
City and located in a public right-of-way, including:
(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 means only the paved portion of the right-of-way used for vehicular travel, being
the area between the inside of the curb to the inside of the opposite curb, or the area
between the two parallel edges of the paved roadway for vehicular travel where there is
no curb. A "Street" is generally part of, but smaller in width than the width of the entire
right-of-way, while a right-of-way may include sidewalks and utility easements. A "Street"
does not include the curb or the sidewalk, if either are present at the time of a permit
application or if added later.
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.
User means a person or organization that 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 Chapter 284, Section
51.002, Utilities Code.
Wireless service means any service, using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public
using a Network Node.
Wireless service provider means a person or entity that provides wireless service to the
public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support
Poles" as defined in Texas Local Government Code, Chapter 284.
Ordinance No. 2169, Page 5 of 34
Sec. 86-6 Use and occupancy of public rights-of-way.
Pursuant to this Division and subject to the Design Manual and the Code, a
wireless network provider has the nonexclusive right to use and occupy the public rights-
of-way in the City for the purpose of constructing, maintaining, and operating its facilities
used in the provision of Wireless facilities. The terms of this Division shall apply to all
wireless network providers' facilities used, in whole or part, in the provision of wireless
services throughout the City.
Sec. 86-7 Compliance with design manual and applicable codes.
All wireless network providers shall comply with the terms of this right-of-way
management ordinance, City applicable codes, and the terms and conditions of the City's
Design Manual.
Sec. 86-8 General construction and maintenance requirements.
A network provider shall construct and maintain Network Nodes and Network
Support Poles described in the Code in a manner that does not:
(1) Obstruct, impede, or hinder the usual travel or public safety on a public right-
of-way;
(2) Obstruct the legal use of a public right-of-way by other utility providers;
(3) Violate nondiscriminatory applicable codes;
(4) Violate or conflict with the City's publicly disclosed public right-of-way
design specifications; or
(5) Violate the federal Americans with Disabilities Act of 1990 (ADA).
Sec. 86-9 Permit applications.
(1) Except as otherwise provided in Chapter 284 of the Code, a network
provider shall obtain a permit or permits from the City to install a Network Node, Node
Support Pole, or Transport Facility in a public right-of-way.
(2) A network provider that intends to install or collocate multiple Network
Nodes inside the municipal limits of the City is entitled to file a consolidated permit
application with the City for not more than 30 Network Nodes and upon payment of the
applicable fee(s), receive a permit or permits for the installation or collocation of those
Network Nodes.
Ordinance No. 2169, Page 6 of 34
(3) The network provider shall provide the following information in its permit
applications:
a. Applicable construction and engineering drawings and information to confirm that
the applicant will comply with the City's Design Manual and applicable codes;
b. Any additional information reasonably related to the network provider's use of the
public rights-of-way to ensure compliance with the Design Manual and this chapter;
c. A certificate that the Network Node(s) complies with applicable regulations of the
Federal Communications Commission; and certification that the proposed Network
Node(s)will be placed into active commercial service by or for the network provider
not later than the 60th day after the date of construction and final testing of each
Network Node is completed.
d. A certificate of insurance that provides that the Network Provider and its contractor
has at least $1,000,000.00 in general liability coverage.
Sec. 86-10 Installation in design districts.
A network provider must obtain advance written consent from the City Manager
before collocating new Network Nodes or installing new Node Support Poles in an area
of the City that has been zoned or otherwise designated as a design district if the district
has decorative poles. The network provider shall be required to comply with the General
Aesthetic Requirements described in the City's Design Manual. The City has the authority
to designate new design districts at a future date.
Sec. 86-11 Installation in municipal parks and residential areas.
A network provider may not install a new Node Support Pole in a public right-of-
way without the City Manager's discretionary, nondiscriminatory and written consent if the
public right-of way:
(1) Is in a municipal park; or
(2) Is adjacent to a street or thoroughfare that is:
i. Not more than 50 feet wide; and
ii. Adjacent to single-family residential lots or other multifamily
residences or undeveloped land that is designated for residential use
by zoning or deed restrictions.
(3) In addition to the above, a network provider installing a Network Node or
Node Support Pole in a public right-of way shall comply with private deed
restrictions and other private restrictions in the area that apply to those
facilities.
Ordinance No. 2169, Page 7 of 34
(4) The network provider shall be further required to comply with guidelines set
out in the City's Design Manual.
Sec. 86-12 Municipal review process by the City.
(1) Determination of Application Completeness: The City shall determine
whether the permit application is complete and notify the applicant of that determination:
(a) For Network Nodes and Note Support Poles: no later than 30 days after the
date the City receives the permit application.
(b) For a Transport Facility: no later than 10 days after the date the City
receives the permit application.
(2) Approval or Denial of Application: The City shall approve or deny a
completed application after the date it is submitted to the City:
(1) For Network Nodes: No later than 60 days after the date the City receives
the complete application.
(2) For Network Support Poles: No later than 150 days after the date the City
receives the complete application.
(3) For Transport Facilities: No later than 21 days after the City receives the
complete application.
(3) Basis for Denial of Application: If an application is denied by the City, it
shall document the basis for the denial, including the specific applicable City code
provisions or other City rules, regulations, or other law on which the denial is based. The
documentation for the denial must be sent by electronic mail to the applicant on or before
the date that the City denies the application.
(4) Resubmission of Denied Application: The applicant may cure the
deficiencies identified in the denial application.
(1) The applicant has 30 days from the date the City denies the completed
application to cure the deficiencies identified in the denial documentation
without paying an additional application fee, other than any fee for actual
costs incurred by the City.
(2) The City shall approve or deny the revised completed application after a
denial not later than the 90th day after the City receives the revised
completed application. The City's review shall be limited to the deficiencies
cited in the denial documentation.
Ordinance No. 2169, Page 8 of 34
(5) Nondiscriminatory Review: Each completed application shall be processed
by the City on a nondiscriminatory basis.
Sec. 86-13 Time of installation.
A network provider shall begin installation for which a permit is granted not later
than six months after final approval of the application and shall diligently pursue
installation to completion. The City Manager may in his/her sole discretion grant
reasonable extensions of time as requested by the network provider.
Sec. 86-14 Applicable fees and rental rates to the city.
(1) As compensation for the network provider's use and occupancy of the City
public rights-of-way, the network provider shall pay application fees and annual public
right-of-way rental rates as set forth below, which shall be in lieu of any lawful tax, license,
charge, right-of-way permit, use, construction, street cut or inspection fee; or other right-
of-way related charge or fee, whether charged to the network provider or its contractor(s)
within the City, except the usual general ad valorem taxes, special assessments and
sales tax levied in accordance with state law and equally applicable to all general
businesses in the City.
(2) Network Nodes:
a. Annual Public Right-of-Way Rate Fee: The annual public right-of-way
rate shall be$250.00 per Network Node installed in the City public rights-
of-way.
b. Public Right-of-Way Rate Adjustment: As provided in Section 284.054
of the Code, the City may adjust the amount of the annual public right-
of-way rate not more than annually by an amount equal to one-half the
annual change, if any, in the Consumer Price Index (CPI). The City shall
provide written notice to each network provider of the new rate; and the
rate shall apply to the first payment due to the City on or after the 60th
day following the written notice.
(3) Transport Facilities:
a. The annual Transport Facility rental rate shall be $28.00 monthly for each
Network Node site located in a public right-of-way. However, no rate is
required if the network provider is already paying the City an amount equal
to or greater than the amount of other City right-of-way fees for access lines
under Chapter 283 of the Code or cable franchise fees under Chapter 66 of
the Texas Utility Code.
Ordinance No. 2169, Page 9 of 34
(4) Collocation of Network Nodes on Service Poles: Subject to the City's Pole
Service Agreement, the collocation of Network Nodes on City service poles shall be at a
rate of$20.00 per year per service pole.
(5) City-Owned Municipal Utility Poles: A network provider shall pay an annual
pole attachment rate for the collocation of a Network Node supported by or installed on a
City-owned utility pole based upon the pole attachment rate consistent with Section
54.024 of the Texas Utilities Code, applied on a per-foot basis.
Sec. 86-15 Indemnity.
As provided in Section 284.302 of the Code, a wireless Network Provider shall
indemnify, defend, and hold the City harmless from and against all liability, damages,
cost, and expense, including reasonable attorney's fees, arising from injury to person or
property proximately caused by the negligent act or omission of the Network
Provider. The City shall promptly notify the Network Provider of any claims, demands, or
actions ("claims") covered by this indemnity after which the Network Provider shall defend
the claims. The Network Provider shall have the right to defend and compromise the
claims. The City shall cooperate in the defense of the claims. The foregoing indemnity
obligations shall not apply to claims arising solely from the negligence of City; however,
they shall apply in the case of all claims which arise from the joint negligence of the
Network Provider and the City; provided that in such cases, the amount of the claims for
which the City shall be entitled to indemnification shall be limited to that portion
attributable to the Network Provider. Nothing in this section shall be construed as waiving
any governmental immunity available to the City under state law or waiving any defenses
of the parties under state law.
Sec. 86-16 Effect on other utilities and telecommunication providers.
Nothing in this Ordinance shall govern attachment of Network Nodes on poles and
other structures owned or operated by investor-owned electric utilities, electric
cooperatives, telephone cooperatives, or telecommunication providers."
SECTION 3.
That the Code of Ordinances, City of Euless, Texas, is hereby amended by creating
a new Division 1 titled "Right-of-way Management," to Article I of Chapter 86 and placing
existing sections 86-1 and 86-2 therein, without modification.
SECTION 4.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
the City Code and other ordinances of the City of Euless, Texas, except where the
provisions of this ordinance are in direct conflict with the provisions of other ordinances,
in which event the conflicting provisions of the other ordinances are hereby repealed.
Ordinance No. 2169, Page 10 of 34
SECTION 5.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other
ordinances regulating credit access businesses that have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances,
same shall not be affected by this ordinance but may be prosecuted
SECTION 6.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph, or section.
SECTION 7.
PENALTY FOR VIOLATION. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Five Hundred Dollars ($500.00) and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or continues.
SECTION 8.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish the caption, penalty clause and effective date of this ordinance in the
official newspaper of the City of Euless, as required by Section 12 of Article II of the
Charter of the City of Euless.
SECTION 9.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
Ordinance No. 2169, Page 11 of 34
PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on September 12, 2017; by a vote of 7 ayes,
o nays, and 0 abstentions.
APPROVED.
- c./?/"Z*LerLdif-
Lin-aa Martin, Mayor
ATTEST:
Lc-
Kim utter, TRMC, City Secretary
APPROVED AS TO FORM:
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1QL .
Wayne K. Olson, City Attorney
Ordinance No. 2169, Page 12 of 34
Design Manual of the
City of Euless , Texas
for the
Installation of Network Nodes and Node Support Poles
pursuant to Tex. Loc. Gov. Code, Chapter 284.
Ordinance No. 2169, Page 13 0/34
Table of Contents
SECTION 1 - PURPOSE AND APPLICABILITY 15
SECTION 2 - DEFINITIONS 16
SECTION 3- PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE,
NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. 19
SECTION 4 -GUIDELINES ON PLACEMENT 22
SECTION 5 -GENERAL AESTHETIC REQUIREMENTS 26
SECTION 6 - ELECTRICAL SUPPLY 27
SECTION 7 - INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS 28
SECTION 8 - REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR 28
SECTION 9- INSTALLATION AND INSPECTIONS 30
SECTION 10 - REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT. 31
SECTION 11 - GENERAL PROVISIONS 31
SECTION 12 -ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION 34
SECTION 13-19 - RESERVED Error! Bookmark not defined.
SECTION 20 - DESIGN MANUAL - UPDATES 34
Ordinance No. 2169, Page 14 of 34
SECTION 1 — PURPOSE AND APPLICABILITY
The City of Euless, Texas ("City") recognizes that the State of Texas has delegated to the City
the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and
welfare of the public to Texas municipalities.
Purpose:A municipality may adopt a design manual for the installation and construction of
wireless facilities in the public right-of-way that includes additional installation and construction
details that do not conflict with chapter 284 of the Texas Local Government Code. The following
design specifications are required to: (i) prevent obstruction, impediment, or hindrance of the
usual travel or public safety on a public right-of-way; (ii) prevent obstruction of the legal use of
the public rights-of-way by other utility providers; and (iii) protect the health, safety, and welfare
of the public
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 of Euless has enacted Euless City
Code of Ordinances Chapter 86, including 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: Any person or entity that constructs, modifies, maintains, operates, relocates, or
removes network nodes, supporting equipment for network nodes, node support poles,
transport facilities, or ground equipment within the rights-of-way shall conform to the following
design specifications. The city manager shall deny any permit application that does not strictly
conform to the following design specifications.
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.
Ordinance No. 2169, Page 15 of 34
SECTION 2 — DEFINITIONS
The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 and Euless City
Code of Ordinances Chapter 86 as follows are applicable to this Design Manual which include
the definitions set out below:
Abandon and its derivatives means the facilities installed in the right-of-way (including by way of
example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and
node support poles, or portion thereof) that have been left by Provider in an unused or non-
functioning condition for more than 120 consecutive calendar days unless, after notice to
Provider, Provider has established to the reasonable satisfaction of the City that the applicable
facilities, or portion thereof, is still in active use.
Antenna means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
Applicable codes means:
(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized
national code organization; and
(B) local amendments to those codes to the extent not inconsistent with Chapter 284.
City means the City of Euless , Texas or its lawful successor.
City Council means the municipal governing body of the City of Euless, Texas.
City Manager means the City Manager of the City of Euless or his/her 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 Facility 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 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.
Ordinance No. 2169, Page 16 of 34
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 for public utility purposes or any other purpose
whatsoever. "Easement" shall include a private easement used for the provision of utilities.
Federal Communications Commission or FCC means the Federal Administrative Agency, or
lawful successor, authorized to oversee cable television and other multi-channel regulation on a
national level.
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 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
parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of
supporting antennas.
Micro network node means a network node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not
longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by municipal code as a
public park for the purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned
utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way.
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:
1. equipment associated with wireless communications;
2, a radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
3. coaxial or fiber-optic cable that is immediately adjacent to and directly associated
with a particular collocation; and
Ordinance No. 2169, Page 17 of 34
B. does not include:
1. an electric generator;
2. a pole; or
3. a macro tower
Network provider means:
A. a wireless service provider; or
B. a person that does not provide wireless services and that is not an electric utility but builds
or installs on behalf of a wireless service provider:
1. network nodes; or
2. 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.
Provider has the same meaning as "Network Provider."
Public right-of-way means the area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.
The term does not include:
A. a private easement; or
B. the airwaves above a public right-of-way with regard to wireless telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter
284, Subchapter C, codified as Division 2, Article I, Chapter 86 of the Code of Ordinances, City
of Euless, Texas.
SCADA or Supervisory Control and Data Acquisition systems means a category of software
application programs and hardware used by the City for process control and gathering of data in
real time from remote locations in order to monitor equipment and conditions of the City public
water and wastewater utility facilities. These systems may utilize both cable and wireless
communications.
Service pole means a pole, other than a municipally owned utility pole, owned or operated by a
municipality and located in a public right-of-way, including:
A. a pole that supports traffic control functions;
B. a structure for signage;
C. a pole that supports lighting, other than a decorative pole; and
D. a pole or similar structure owned or operated by a municipality and supporting only
network nodes.
Ordinance No. 2169, Page 18 of 34
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 the two
parallel edges of the paved roadway for vehicular travel where there is no curb. A"Street" is
generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-
way may include sidewalks and utility easements, a "Street" does not. A "street" does not
include the curb or the sidewalk, if either are present at the time of a permit application or if
added later.
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 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 shall mean 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
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 context.
Utility pole means a pole that provides:
A. electric distribution with a voltage rating of not more than 34.5 kilovolts; or
B. services of a telecommunications provider, as defined by Chapter 284, Section 51.002,
Utilities Code.
Wireless service means any service, using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network
node.
Wireless service provider means a person that provides wireless service to the public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles" as
defined in Texas Local Government Code Chapter 284.
SECTION 3 — PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK
NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND
EQUIPMENT.
A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate
City Agreement or Subject to Concealment Conditions.
Ordinance No. 2169, Page 19 of 34
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:
a. less 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
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.
c. 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.
d. 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. The Network Provider will verify
whether a proposed location is in a Design District with Decorative Poles or a
Historic District with the City's Department of Planning and Economic
Development.
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 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.
b. 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.
c. A Network Provider shall comply with and observe all applicable City, State,
and federal historic preservation laws and requirements.
d. 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 Historic District.
3. Historic Landmarks.A Network Provider is discouraged from installing a Network
Node or Node Support Pole within 500 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) of the Texas Government Code, and 16 U.S.C.
Ordinance No. 2169, Page 20 of 34
§470), as of the date of the submission of the permit. Each permit application shall
disclose if it is with 500 feet of such a structure.
4. Compliance with Undergrounding Requirements. In accordance with Chapter
284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory
undergrounding requirements, including municipal ordinances, zoning regulations,
state law, private deed restrictions, and other public or private restrictions, that
prohibit installing aboveground structures in a public right-of-way without first
obtaining zoning or land use approval.
B. Least preferable locations.
1. Residential Areas and Parks. A Network Provider is discouraged from installing
a Network Node on an existing pole in a public right-of-way 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.
a. 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 may not, without
written consent of the City Manager, install a Network Node or a Node Support
Pole in the public right-of-way in any area designated by the City as a Design
Districts or in an area of the City zoned or otherwise designated as a Historic
District unless such a Network Node or a new Node Support Pole is camouflaged.
As a condition for approval of new Network Nodes or new Node Support Poles in
a Historic or Design District, the Network Provider will detail its design and
concealment measures and comply with the design and aesthetic standards of the
Historic or Design District. Camouflage measures to improve the aesthetics of the
new network nodes, new node support poles, or related ground equipment or any
portion of the nodes, poles or equipment will be required to minimize the impact to
the aesthetics in a Historic District or on a Design District's decorative poles.
C. Most preferable locations
1. 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. 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.
Ordinance No. 2169, Page 21 of 34
3. While not required under Chapter 284 to designate Underground Compliance
Areas to prohibit above ground Wireless facilities, the City may also, from time to
time, also designate Underground Compliance Areas.
E. Exceptions
The City Manager exercising discretionary consent and agreement may grant exceptions
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.
F. Order of Preference regarding Network Node attachment to existing facilities and
New Node Support Poles
1. Existing telephone or electrical lines between existing utility poles. Micro Network
Nodes shall only be lashed on existing telephone or electrical lines between
existing utility poles (electric poles or telephones poles), with notice to the pole
owner as required by the Federal Pole Attachment Act, and not placed on Utility
Poles, Node Support Poles or Service Poles.
2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred
support facility for Network Nodes and related ground equipment.
3. Municipal Service Poles:
a. Non-decorative street lights with a height of more than 20 feet.
b. Traffic signal structures when such installation will not interfere with the
integrity of the facility and will not interfere with the safety of public and in
accordance with an agreement as allowed by Chapter 284, Sec. 285.056
and Sec. 284.101 (a) (3), and (b).
c. Street signage shall be a low priority use for attachment of a Network Node.
d. Other municipal Service pole use is discouraged.
4. New node support poles shall be the least preferred type of allowed facility for
attachment of Network Nodes.
5. Ground Equipment. Ground equipment should be minimal and the least intrusive.
SECTION 4 — GUIDELINES ON PLACEMENT.
A. Generally
In accordance with Chapter 284.102, a Network Provider shall construct and maintain
Network Nodes and Node Support Poles in a manner that does not:
1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-
way;
2. obstruct the legal use of a public right-of-way by other utility providers;
3. violate nondiscriminatory applicable codes;
4. violate or conflict with the City's publicly disclosed public right-of-way management
ordinance or this Design Manual.
5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
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.'
Ordinance No. 2169, Page 22 of 34
2. State and Federal Rights-of-way permit. If the project lies within a Highway Right-
of-Way, the applicant must provide evidence of a permit from the State or Federal
Government.
3. Confirmation of non-interference with City Safety Communication or SCADA
Networks.
a. The Network Provider needs to provide analysis that the proposed network
node shall not cause any interference with City public safety radio system,
traffic signal light system, SCADA system, or other city safety
communications components in accordance with Chapter 284, Sec.
284.304.
b. It shall be the responsibility of the Network Provider to evaluate, prior to
making application for permit, the compatibility between the existing City
infrastructure and Provider's proposed Network Node. A Network Node
shall not be installed in a location that causes any interference. Network
Nodes shall not be allowed on City's public safety radio infrastructure.
4. Improperly Located Network Node facilities, Node Support Poles and related
ground equipment:
a. 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 Administrator 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.
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 $500.00
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 for 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, 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 transits 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
Ordinance No. 2169, Page 23 of 34
Network Node, Network Node, Node Support Pole, and related ground equipment
at such location within 90 days of such designation, or as otherwise reasonably
allowed by the City for the transition of other overhead facilities.
3. Before commencing underground installation, 811 Dig Tess must be called so that
the area can be flagged for underground utilities.
D. Network Node facilities placement
1. Right-of-Way: Network Node facilities, Node Support Poles and related ground
equipment shall be placed, as much as possible, within two feet of the outer edge
of the Right-of-Way line to minimize any obstruction, impediment, or hindrance to
the usual travel or public safety on a public right-of-way.
2. Height above ground. Network Node attachments to a pole shall be installed at
least eight (8) feet above the ground in accordance with Chapter 284, Sec.
284.108, and if a Network Node attachment is projecting toward the street, for the
safety and protection of the public and vehicular traffic, the attachment shall be
installed no less than sixteen (16) feet above the ground.
3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec.
284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer
circumference of the existing structure or pole shall be more than two (2) feet.
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
500 feet from a utility pole or another Node Support Pole to minimize the hazard
of poles adjacent to road ways and to minimize effect on property values and
aesthetics on the area.
2. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter
284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed
the lesser of:
a. 10 feet in height above the tallest existing utility pole located within 500
linear feet of the new pole in the same public right-of-way; or
b. 55 feet above ground level.
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 125 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.
Ordinance No. 2169, Page 24 of 34
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
Manager, or designee, may deny a request for a proposed Location if the Network
Provider installs Network Node ground equipment where existing ground
equipment within 500 feet already occupies a footprint of 25 sq. ft. or more.
4. Water, Sewer and Storm Drainage Lines:
Special precautions must be taken where underground fiber optic cable is installed
in public street right-of-ways commonly used for utility corridors.
a. Underground utilities and service connections must be identified prior to
excavation. "Dig Alert," "One Call," or similar underground utility contractor
must be contacted to identify the locations of subsurface utilities.
b. If temporary disruption of service is required, the installation contractor
must notify the 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.
6. Noise: Ground Equipment must comply with the Euless Code of Ordinances,
Chapter 84, Division 6, Section 184 Performance Standards.
Ordinance No. 2169, Page 25 of 34
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.
3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet
above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a
Network Node attachment is projecting toward the street, for the safety and
protection of the public and vehicular traffic, the attachment shall be installed no
less than sixteen (16) feet above the ground.
4. Installations on Traffic Signals: Installations on all Traffic signal structures must not
interfere with the integrity of the facility in any way that may compromise the safety
of the public and must be in accordance with an agreement as allowed by Chapter
284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node
facilities on any traffic signal structures shall:
a. Be encased in a separate conduit than the traffic light electronics;
b. Have a separate electric power connection than the traffic signal structure;
and
c. Have a separate access point than the traffic signal structure; and
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 of Network Node facilities on any street signage
structures that has electrics shall:
a. Be encased in a separate conduit than any City signage electronics;
b. Have a separate electric power connection than the signage structure;
c. Have a separate access point than the signage structure; and
6. Restoration of City facilities and private property: The Network Provider shall be
responsible for repairing any damage to any street, street right-of-way, ditch or any
structure to its original condition immediately upon completing the installation. Any
change to the slope of the land must be remedied, and there must be replacement
of top soil and grass to its original condition.
SECTION 5 — GENERAL AESTHETIC REQUIREMENTS
A. Concealment
1. Concealment of Network Nodes and Node support poles shall be required by the
City in Design Districts with Decorative Poles and in Historic and Design Districts
pursuant to Chapter 284.105.
2. It is also the City's preference that all new node support poles be camouflaged,
except those located in an area zoned or predominantly industrial area.
Companies shall submit their proposal for camouflage with the permit application.
Ordinance No. 2169, Page 26 of 34
3. The Network Node facilities shall be concealed or enclosed as much as reasonably
possible in an equipment box, cabinet, or other unit that may include ventilation
openings. External cables and wires hanging off a pole shall be sheathed or
enclosed in a conduit, so that wires are protected and not visible or visually
minimized to the extent possible in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
4. The Network Node facilities shall be concealed or enclosed as much as possible
in an equipment box, cabinet, or other unit that may include ventilation openings.
External cables and wires hanging off a pole shall be sheathed or enclosed in a
conduit, so that wires are protected and not visible or visually minimized to the
extent possible, except to the extent not consistent with Chapter 284.
B. New Node Support Pole Spacing
New node support poles shall be at a minimum 500 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's designee may deny a request for a
proposed Location if the Network Provider installs Network Node ground equipment where
existing ground equipment within 500 feet already occupies a footprint of 25 sq. ft. or more
to minimize effect on property values and aesthetics on the area.
D. Allowed Colors
1. Colors in Historic Districts and Design Districts must be in strict accordance with
the City's rights-of-way management ordinance, and other applicable ordinances,
except to the extent not consistent with Chapter 284.
2. 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 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.
Ordinance No. 2169, Page 27 of 34
B. Network Provider shall not allow or install generators or back-up generators in the Public
Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1).
SECTION 7 — INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS
A. Insurance, bonding and security deposits shall be in strict accordance with the City's
rights-of-way management ordinance, and other applicable ordinances, except to the
extent not consistent with Chapter 284.
B. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in
Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov't Code.
SECTION 8 — REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
REPLACEMENT, MAINTENANCE AND REPAIR
A. Removal or Relocation by Network Provider
1. Removal and relocation by the Network provider of its Micro Network Node,
Network Node facilities, Node Support Pole or related ground equipment at its own
discretion, shall be in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent
with Chapter 284.
2. If the Network Provider removes or relocates a Micro Network Node, Network
Node facilities, Node Support Pole or related ground equipment at its own
discretion, it shall notify the City Manager in writing not less than 10 business days
prior to removal or relocation. Network Provider shall obtain all Permits required
for relocation or removal of its Micro Network Node, Network Node facilities, Node
Support Poles and related ground equipment prior to relocation or removal.
3. The City shall not issue any refunds for any amounts paid by Network Provider for
Micro Network Node, Network Node facilities, Node Support Poles or related
ground equipment that have been removed.
B. Removal or Relocation Required For City Project
1. Removal and Relocation of Network Provider's Micro Network Node, Network
Node, Node Support Pole or related ground equipment, or portion thereof required
for a City project shall be in strict accordance with the City's rights-of-way
management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284, Sec. 284.107, except as provided in existing state
and federal law.
2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state
and federal law, a Network Provider shall relocate or adjust Micro Network Node,
Network Node, Node Support Pole and related ground equipment in a public right-
of-way in a timely manner and without cost to the City managing the public right-
of-way
3. Network Provider understands and acknowledges that the City may require
Network Provider to remove or relocate its Micro Network Node, Network Node,
Node Support Pole and related ground equipment, or any portion thereof from the
Right-of-Way for City construction projects as allowed by state and federal law,
including the common-law.
Ordinance No. 2169, Page 28 of 34
4. Network Provider shall, at the City Manager's direction, remove or relocate the
same at Network Provider's sole cost and expense, except as otherwise provided
in existing state and federal law, whenever the City Manager reasonably
determines that the relocation or removal is needed for any of the following
purposes: Required for the construction, completion, repair, widening, relocation,
or maintenance of, or use in connection with, any City construction or maintenance
project of a street ort public rights-of-way to enhance the traveling public's use for
travel and transportation.
5. If Network Provider fails to remove or relocate the Micro Network Node, Network
Node, Node Support Pole or related ground equipment, or portion thereof as
requested by the City Manager within 90 days of Network Provider's receipt of the
request, then the City shall be entitled to remove the Micro Network Node, Network
Node, Node Support Pole or related ground equipment, or portion thereof at
Network Provider's sole cost and expense, without further notice to Network
Provider.
6. Network Provider shall, within 30 days following issuance of invoice for the same,
reimburse the City for its reasonable expenses incurred in the removal (including,
without 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 the City's rights-of-way management
ordinance, and other 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 the City's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter 284.
3. Network Provider shall, at its sole cost and expense, promptly disconnect, remove,
or relocate the applicable Micro Network Node, Network Node, Node Support Pole
and related ground equipment within the time frame and in the manner required by
the City Manager if the City Manager reasonably determines that the
disconnection, removal, or relocation of any part of a Micro Network Node, Network
Ordinance No. 2169, Page 29 of 34
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 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, except to the extent
not consistent with Chapter 284.
2. Network Provider shall, at its own cost and expense, install the Micro Network
Node, Network Node facilities, Node Support Poles and related ground equipment
in a good and workmanlike manner and in accordance with the requirements
promulgated by the 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 ("Laws").
B. Inspections
1. The City Manager 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-of-way
management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
2. The City Manager 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,
Ordinance No. 2169, Page 30 of 34
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.
SECTION 10 — REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO
NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED
GROUND EQUIPMENT.
A. Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and
related ground equipment shall be removed in strict accordance with the City's rights-of-
way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
B. Network Provider shall remove Micro Network Node, Network Node, Node Support Pole
and related ground equipment when such facilities are Abandoned regardless of whether
or not it receives notice from the City. Unless the City sends notice that removal must be
completed immediately to ensure public health, safety, and welfare, the removal must be
completed within the earlier of 90 days of the Micro Network Node, Network Node, Node
Support Pole and related ground equipment being abandoned or within 90 days of receipt
of written notice from the City. When Network Provider removes, or abandons permanent
structures in the Right-of-Way, the Network Provider shall notify the 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.
SECTION 11 — GENERAL PROVISIONS
A. As Built Maps and Records Network Provider's as built maps and records shall be in
strict accordance with the City's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter 284.
1. A Network Provider shall maintain accurate maps and other appropriate records
of its Network Node facilities, Node Support Poles and related ground equipment
as they are actually constructed in the Rights-of-Way, including, upon request, the
use of Auto CAD/GIS digital format. Network Provider will provide additional maps
to the City upon request.
B. 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.
1. A Network Provider shall make citizen satisfaction a priority in using the Right-of-
Way. Network Provider shall train its employees to be customer service-oriented
and to positively and politely interact with citizens when dealing with issues
pertaining to its Micro Network Node, Network Node, Node Support Pole and
related ground equipment in the Right-of-Way. Network Provider's employees
shall be clean, courteous, efficient, and neat in appearance and committed to
offering the highest quality of interaction with the public. If, in the opinion of the City
Ordinance No. 2169, Page 31 of 34
Manager, 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.
C. Allocation of funds for removal and storage The City Council has currently
appropriated no funds to pay for the cost of any removal or storage of Micro Network
Node, Network Node, Node Support Pole and related ground equipment, as authorized
under the law.
D. Ownership Ownership of Network Node and related equipment shall be in strict
accordance with the City's rights-of-way management ordinance, and other applicable
codes and ordinances, except to the extent not consistent with Chapter 284.
1. No part of a Micro Network Node, Network Node, Node Support Pole and related
ground equipment erected or placed on the Right-of-Way by Network Provider will
become, or be considered by the City as being affixed to or a part of, the Right-of-
Way. All portions of the Micro Network Node, Network Node, Node Support Pole
and related ground equipment constructed, modified, erected, or placed by
Network Provider on the Right-of-Way will be and remain the property of Network
Provider and may be removed by Network Provider at any time, provided the
Network Provider shall notify the City Manager prior to any work in the Right-of-
Way.
E. Tree Maintenance Tree maintenance shall be in strict accordance with the City's rights-
of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284. All tree trimming shall be done under the supervision and
direction of the City or under the supervision of the City's delegated representative.
1. A 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 City Manager. The City shall not be liable for any
damages, injuries, or claims arising from Network Provider's actions under this
section.
F. Signage Signage shall be in strict accordance with the City's rights-of-way management
ordinance, and other applicable ordinances, except to the extent not consistent with
Chapter 284.
1. Network Provider shall post its name, location identifying information, and
emergency telephone number in an area on the cabinet of the Network Node
facility that is visible to the public. Signage required under this section shall not
exceed 4" x 6", unless otherwise required by law(e.g. RF ground notification signs)
or the City Manager.
2. Except as required by law or by the Utility Pole owner, a Network Provider shall
not post any other signage or advertising on the Micro Network Node, Network
Node, Node Support Pole, Service pole or Utility Pole.
Ordinance No. 2169, Page 32 of 34
G. Graffiti Abatement Graffiti abatement shall be in strict accordance with the City's rights-
of-way management ordinance, and other applicable ordinances, except to the extent not
consistent with Chapter 284.
1. As soon as practical, but not later than fourteen (14) calendar days from the date
Network Provider receives notice thereof, Network Provider shall remove all graffiti
on any of its Micro Network Node, Network Node, Node Support Pole, and related
ground equipment located in the Right of Way. The foregoing shall not relieve the
Network Provider from complying with any City graffiti or visual blight ordinance or
regulation.
H. Restoration
1. A Network Provider shall restore and repair of the public rights-of-way from any
damage to the Right-of-Way, or any facilities located within the Right-of-Way, and
the property of any third party resulting from Network Provider's removal or
relocation activities (or any other of Network Provider's activities hereunder) in
strict accordance with the City's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with Chapter 284.
2. A Network Provider shall repair any damage to the Right-of-Way, or any facilities
located within the Right-of-Way, and the property of any third party resulting from
Network Provider's removal or relocation activities (or any other of Network
Provider's activities hereunder) within 10 calendar days following the date of such
removal or relocation, at Network Provider's sole cost and expense, including
restoration of the Right-of-Way and such property to substantially 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
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.
I. Network provider's responsibility
1. A Network Provider shall be responsible and liable for the acts and omissions of
the Network Provider's employees, temporary employees, officers, directors,
consultants, agents, Affiliates, subsidiaries, sub-Network Provider's and
subcontractors in connection with the installations of any Micro Network Node,
Network Node, Node Support Pole and related ground equipment, as if such acts
or omissions were Network Provider's acts or omissions in strict accordance with
the City's rights-of-way management ordinance, and other applicable ordinances,
except to the extent not consistent with Chapter 284.
2. A Network Provider shall be responsible and liable for the acts and omissions of
the Network Provider's employees, temporary employees, officers, directors,
consultants, agents, Affiliates, subsidiaries, sub-Network Provider's and
subcontractors in connection with the installations of any Micro Network Node,
Network Node, Node Support Pole, Transport Facility and related ground
equipment, as if such acts or omissions were Network Provider's acts or
omissions.
Ordinance No. 2169, Page 33 of 34
SECTION 12 — ADMINISTRATIVE HEARING — REQUEST FOR EXEMPTION
A. Should the Network Provider desire to deviate from any of the standards set forth in the
Design Manual, the Network Provider may request an Administrative Hearing before a
Board of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for
a Request for Exemption.
B. The process for an application, hearing and vote shall follow the process set out for a
variance.
SECTION 13 — DESIGN MANUAL - UPDATES
Placement or Modification of Micro Network Node, Network Node, Node Support Pole,
Transport Facility, and related ground equipment shall comply with the City's Design Manual
at the time the Permit for installation or Modification is approved and as amended from time
to time.
Ordinance No. 2169, Page 34 of 34
CITY OF EULESS
ORDINANCE NO.2169
AN ORDINANCE OF THE CITY OF
EULESS, ADOPTING
STATE OF TEXAS REGULATIONS TEXAS GOVERNING
THE PHYSICAL USE,OCCUPAN-
COUNTY OF TARRANT CY AND MAINTENANCE OF
CITY RIGHTS-OF-WAY BY
WIRELESS NETWORK PROVID-
ERS; DESCRIBING THE PUR-
POSE; PROVIDING DEFINI-
TIONS; REQUIRING COMPLI-
ANCE WITH THE CITY DESIGN
MANUAL AND APPLICABLE CO-
DES FOR THE INSTALLATION
OF NETWORK NODES AND
NODE SUPPORT POLES PUR-
SUANT TO CHAPTER 284 OF
THE TEXAS LOCAL GOVERN-
MENT CODE; PROVIDING PRO-
CEDURES FOR APPLICATIONS
Befo V
Notary Public in and for said County and State,this day FOR PERMITS; ESTABLISHING
TIME PERIODS FOR APPROVAL
personally appeared OF PERMIT APPLICATIONS;
p y pp ,Advertising I PROVIDING APPLICATION FEES
g AND ANNUAL PUBLIC RIGHT-
for the Star-Telegram, fished by the Star-Telegram, rnc. at Fort Worth, in Tarrant County. OF-WAY RENTAL RATES; PRO-
VIDING RESTRICTIONS ON
distributed in other surrounding Counties; and who, after being duly sworn,did dispose and s, PLACEMENT OF NETWORK NO-
DESNODE
following clipping of an advertisement was published in the above named paper on the follow POLESAINDMUNIICIIPALSUPPORT PARKS,
RESIDENTIAL AREAS,AND DE-
l\ SIGN DISTRICTS; PROVIDING
INDEMNITY FOR THE CITY;
PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING A
PENALTY CLAUSE; PROVIDING
FOR PUBLICATION; AND PRO-
CIA A77 AN EFFECTIVE DATE.
SECTION 7.
PENALTY CLAUSE. Any person,
firm or corporation violating any
of the terms and provisions of
this ordinance shall be deemed
guilty of a misdemeanor and,
upon conviction thereof,shall be
fined in accordance with Chap-
ter 1,Section 1-12,Euless Code
of Ordinances. Each such viola-
tion shall be deemed a separate
offense and shall be punishable
as such hereunder.
SECTION 8.
PUBLICATION. The City Secretary
of the City of Euless is hereby
directed to publish the caption,
penalty clause and effective
date of this ordinance in the of-
Si ned ficial newspaper of the City of
g Euless, as required by Section
12 of Article II of the Charter of
Subscribed and sworn to before me,this the day of6o the city of Euless.
PRESENTED AND PASSED ON
FIRST AND FINAL READING at
a regular meeting of the Euless
City Council on September 12,
2017, by a vote of 7 ayes, 0
Notary Pub -nays and 0 abstentions.
Tarrant County, Te s
LESLIE BUCKLEY
Notary Public,State of Texas
=" v= Comm. Expires 09-24-2021
Notary ID 126058260