HomeMy WebLinkAboutOrdinance - 2017-O0091 - Wireless Communication Facilities In Public Right-Of-Ways - 08/10/2017First Reading Second Reading
July 27,2017 August 10,2017
Item No.6.9 Item No.6.6
ORDINANCE NO.2017-Q0091
AN ORDINANCE AMENDING CHAPTER 36 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK,TEXAS,BY ADDING ARTICLE 36.10
"WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHTS-OF-
WAY";INCORPORATING BY REFERENCE THE CITY OF LUBBOCK,TEXAS
PUBLIC RIGHT-OF-WAY COMMUNICATION FACILITIES DESIGN
MANUAL;SETTING APPLICATION,PERMIT,AND USAGE FEES;
PROVIDING A SAVINGS CLAUSE;PROVIDING A PENALTY CLAUSE;AND
PROVIDING FOR PUBLICATION.
WHEREAS,the City of Lubbock (the "City") recognizes that the field of
telecommunications and wirelessdata provisionis ever-changing and rapidly developing;
and
WHEREAS,the City desires to comply with existing and future State regulations
regarding the placement in the public rights-of-way of telecommunications and wireless
data provision infrastructure and equipment,specificallyChapter 284 of the Texas Local
Government Code;and
WHEREAS,the Citydesiresto assist telecommunications and wireless data providers by
providing a uniform set of developmentstandards for the placement in the public rights-
of-way of telecommunications and wireless data provision infrastructure and equipment;
and
WHEREAS,the Cityhas draftedauniformset of developmentstandardsforthe placement
in the public rights-of-way of telecommunications and wireless data provision
infrastructure and equipment;and
WHEREAS,the City now desires to codify its uniform set of development standards for
the placement in the public rights-of-way of telecommunications and wireless data
provision infrastructure and equipment;and NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1.THAT the Code of Ordinances, City of Lubbock, Texas, ishereby amended
by adding an Article,to be numbered 36.10,which said section reads as follows:
ARTICLE 36.10 WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC
RIGHTS-OF-WAY
Sec.36.10.001 Definitions
City means the City of Lubbock,Texas and its officers and employees.
Collocation means the installation, mounting, maintenance, modification, operation, or
replacement of network nodes in a public Right-of-Way on or adjacent to a pole.
Design Manual means the City of Lubbock, Texas Public Right -of -Way Communication
Facilities Design Manual. The Design Manual is incorporated by reference into this article
and the terms and conditions of the Design Manual are binding upon any entity acting
under any portion of this article. In the event of any discrepancy or ambiguity between this
article, this code, or the Design Manual, the Design Manual will control.
Director means the City of Lubbock Public Works Director or his designee.
Enti means, but is not limited to, any person, business, company, agency, or other group
or individual, whether or not formally established, that acts or affects any activity
contemplated under this article.
Network node means equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes, but is not
limited to: Equipment associated with wireless communications; a radio transceiver, an
antenna, a battery -only backup power supply, or comparable equipment, regardless of
technological configuration; and Coaxial or Fiber-optic cable that is immediately adjacent
to and directly associated with a particular collocation. The term does not include: an
electric generator; a pole; or a macro tower.
Node support pole means a pole installed by a network provider for the primary purpose
of supporting a network node.
Permit means a New Wireless Communication Facility Permit issued by the City
authorizing the installation, removal, modification, or other work in accordance with the
Design Manual.
Pole means a service pole, municipally owned utility pole, node support pole, or utility
pole.
Right -of -Way means the area on, below, or above a public roadway, highway, street, public
sidewalk, alley, or waterway. The term does not include a private easement, private
property, publicly -owned property, or the airwaves above the City's Right -of -Way with
regard to wireless telecommunications.
Sec. 36.10.0012 Design Manual incorporated into this article
The Design Manual is incorporated by reference into this article, and the terms and
conditions of the Design Manual are binding upon any entity acting under any portion of
this article. In the event of any discrepancy or ambiguity between this article, this Code of
Ordinances, the Design Manual, or Chapter 284 of the Texas Local Government Code, the
later shall control.
Sec. 36.10.003 Penalties and correction of deficiencies
(a) Any entity that violates any provision of this article shall be guilty of a
misdemeanor in accordance with section 1.01.004 of the Code of Ordinances and upon
conviction shall be subject to a fine not to exceed the amount specified by state law for
such offenses. Each day of such violation shall constitute a separate offense. Said penalty
is cumulative, and not exclusive, of any other rights or remedies the City may have.
(b) Any entity who shall perform work on or about a public right-of-way and who shall
violate any provision of this article shall cause said work to be subject to a cease work
order and revocation of permit or civil legal remedies as provided by this article.
Sec. 36.10.004 Permit required
It shall be unlawful for any entity to engage in the installation, modification, or repair of a
network node, node support pole, pole, or other wireless communication facility that will
encroach upon or be located in, on, or within a street, alley, or other public right-of-way
within the City without having first obtained a permit in order to perform the work, unless
said work is commenced in an emergency situation as authorized by this article.
Sec. 36.10.005 Permit application; fee
(a) Applications for a permit required under this article shall be made on forms
provided by the City and such applications shall be accompanied by drawings, plans, and
other responsive documents, with such application forms and documents being subject to
the Design Manual, which is incorporated into this article by reference.
(b) The Director or his designee may, in his sole discretion, require additional
information from the applicant of a permit required under this article before the Director
issues said permit.
(c) All applications for a permit under this article shall be subject to an application fee,
with such fee being listed in the Design Manual, which is incorporated into this article by
reference. City departments and contractors hired by the City for work related to this article
shall be exempted from payment of the application fee.
Sec. 36.10.006 Insurance
The applicant for a permit shall furnish a certificate of insurance for public liability and
property damage, issued by a solvent insurance company or companies authorized to do
business in this state, or evidence of self-insurance satisfactory to the city evidencing that
the city is adequately protected from any liability or damages resulting by virtue of
applicant's construction. The insurance requirements of this article are subject to the
insurance requirements listed in the Design Manual which is incorporated into this article
by reference. Upon receipt of the permit, an applicant assumes the insurance and indemnity
requirements provided in the Design Manual.
Sec. 36.10.007 Issuance
According to the Design Manual, the Director shall issue a permit to an applicant upon the
applicant's submission to the Director of a complete application including any application
documents required under the Design Manual.
Sec. 36.10.008 Other fees and regulations provided in the Design Manual
The Design Manual contains fees and charges applicable to work performed under this
article. The Design Manual also contains all allowable regulations for any work related to
this article. An applicant for a permit is responsible for the applicable fees and regulations
provided in the Design Manual.
SECTION 2. THAT, unless otherwise provided herein, a violation of any provision of
this Ordinance shall be deemed a misdemeanor punishable as provided by Section 1.01.004
and Section 40.01.006 of the Code of Ordinances of the City of Lubbock.
SECTION 3. THAT, should any paragraph, section, sentence, phrase, clause or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected thereby.
SECTION 4. THAT, the City Secretary of the City of Lubbock is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 5. THAT, this Ordinance shall become effective, except as may otherwise be
provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on July 27, 2017
Passed by the City Council on second reading on August 10, 2017
DANIEL M. POPE, MAYOR
ATTEST:
)N7
Re eca Garza, City Secreta
APPROVED AS TO CONTENT:
Bill Hoy rton, Assis�'�'o—City Manager
APPROVEWAS TO FORM:
ccdocs/Ord. Amendment Ch. 36 — Article 36.10 Wireless Communication Facilities in the Public Rights -of -Way — 8.9.17
August 9, 2017
City of Lubbock, Texas
Public Right -of -Way Wireless Communication Facilities Design Manual
I. Purpose
A. The standards and procedures provided in this Public Right -of -Way Wireless
Communication Facilities Design Manual (this "Design Manual") are adopted to protect
the health, safety, and welfare of the public by minimizing and reducing impacts to public
safety within the City's Right -of -Way, and to minimize and reduce impacts to the City, its
residents, and visitors.
B. This Design Manual is applicable to all Wireless Service Providers, Network Providers, or
any entity desiring to use the City's Right -of -Way in any way related to Wireless
Communication (collectively, the "Provider") as defined by Chapter 284 of the Texas
Local Government Code.
C. In addition, the City has adopted this Design Manual to provide technical criteria and
details necessary for a Provider seeking to install and construct network nodes and node
support poles in the City's Right -of -Way.
D. To the extent of any conflict with other City Right -of -Way permitting requirements, this
Design Manual shall control with regard to a Provider.
II. Definitions
For purposes of this Design Manual the following terms shall have the same meanings herein.
When not inconsistent with the context, words used in the present tense include the future; words
in the plural number include the singular number, and words in the singular include the plural. The
word "shall" is always mandatory and not merely permissive.
A. "Abandon " means the network nodes and node support poles, or portion thereof, that have
been left by the Provider in an unused or non-functioning condition for more than sixty
(60) consecutive days unless, after notice to the Provider, the Provider has established to
the reasonable satisfaction of the City, that the network node or node support pole, or
portion thereof, has the ability to provide communications.
B. "City" means the City of Lubbock, Texas and its officers and employees.
C. "Colocation " means the installation, mounting, maintenance, modification, operation, or
replacement of network nodes in a public Right -of -Way on or adjacent to a pole.
D. "Director " means the City of Lubbock City Engineer or his designee.
E. "Height" shall be measured from top of the curb or crown of roadway if no curb to the top
of all appurtenances.
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 1
F. "Interference " means physically or electronically affecting the operation, views, signals
or functions of City equipment or third party equipment.
G. "Network node " means equipment at a fixed location that enables wireless
communications between user equipment and a communications network.
The term includes, but is not limited to:
Equipment associated with wireless communications;
2. A radio transceiver, an antenna, a battery -only backup power supply, or comparable
equipment, regardless of technological configuration; and
Coaxial or Fiber-optic cable that is immediately adjacent to and directly associated
with a particular collocation.
Does not include:
1. An electric generator;
2. A pole; or
A macro tower.
H. "Node support pole " means a pole installed by a network provider for the primary purpose
of supporting a network node.
I. "Park" means the various properties under the direction, control, and supervision of the
City's Parks and Recreation Director pursuant to the authority granted by City Council and
the City Code of Ordinances.
J. "Permit" means a document issued by the City authorizing the installation, removal,
modification, or other work for a Provider's network nodes or node support poles in
accordance with the approved plans and specifications.
K. "Pole " means a service pole, municipally owned utility pole, node support pole, or utility
pole.
L. "Right -of -Way" means the area on, below, or above a public roadway, highway, street,
public sidewalk, alley, or waterway. The term does not include a private easement, private
property, publicly -owned property, or the airwaves above the City's Right -of -Way with
regard to wireless telecommunications.
M. "Storm Water Pollution Prevention Plans (SWPPP) " means a document that outlines how
a construction project will minimize stormwater pollution. Construction sites are a well-
known source of sediment and other pollutants which can cause significant harm to rivers,
lakes, coastal waters, and flood control facilities.
N. "Substantial Change " — Occurs when:
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1. The modification of the proposed WCF installation would increase the structure's
existing height by more than ten percent (10%) or ten feet (10'), whichever is
greater;
2. The modification of the proposed WCF installation would protrude from the edge
of the structure by more than six feet (6') or would encroach on private property
unless the applicant has a letter of authorization from the land owner where the
encroachment occurs;
The modification of the proposed WCF installation involves the installation of
more than .the standard number of new equipment cabinets for the technology
involved, but not to exceed four (4) cabinets, or more than one (1) new equipment
shelter;
4. The modification of the proposed WCF installation would entail any excavation or
deployment outside the current site;
5. The modification would defeat the existing concealment elements of the WCF
installation; or
6. The modification does not comply with conditions associated with the prior
approval of the WCF unless the non-compliance is due to an increase in existing
height, width, addition of cabinets, or new excavation that does not exceed the
corresponding substantial change thresholds.
O. "Traffic Signal" means any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
P. "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.
Q. "Underground Utility District (UUD) " 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.
R. "Wireless Communication Facility (WCF) " means any facility established for the purpose
of providing wireless transmission of voice, data, images or other information, including,
but not limited to, cellular telephone service, personal communications service, and paging
service. A WCF can consist of one (1) or more antennas and accessory equipment
III. Permitting
3.1 Attachment to Existing Poles
Prior to installation or modification of a network node or node support pole, the applicant shall
submit an application on a City -approved form to the Director that is substantially similar to the
Sample Permit Application that is attached to this Design Manual as "Exhibit B." The application
must satisfy the requirements of this Design Manual and include all required attachments. An
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 3
application will be rejected if all required attachments are not included with it at the time of
submittal. The Director has the discretion to require an application to be submitted by appointment
only and to set the frequency and number of appointments that will be granted each day. If
approved, the Permit authorizes the Provider to use of the City's Right -of -Way, but neither the
Permit nor this Design Manual authorize the Provider to use for any purpose any private property,
State property, or City property located outside of the City's Right -of -Way. The Provider shall
complete and submit to the City a Right -of -Way permit application along with the following items:
A. Permit Fee. The City of Lubbock's Right -of -Way Department shall govern all application
fees according to the Permit Fee Schedule attached to this Design Manual as "Exhibit A"
(the "Fee Schedule"). All fees must be paid in full before any permit shall be issued by the
City. Review fees must be paid at the time that the application is submitted. Review fees
are for permit processing and issuance only, and are in addition to any other applicable fee
or any separate payments that may be required for rent of City infrastructure.
B. Attachments. Unless otherwise required by the City, the Provider shall submit attachments
to the permit application that relate to the following:
1. Documentation that the Provider shall not locate, or cause to be located, more than
three (3) network nodes on any pole unless otherwise approved by the City in
writing;
2. Documentation that the Provider's proposed nodes are in compliance with Section
40.02.002(h) of the City of Lubbock Code of Ordinances;
3. An aerial map showing the specific location of the existing pole to which the
network node is proposed to be attached, and a street view image, with such map
being in XY Grid coordinates or latitude and longitude coordinates;
4. Plans and drawings prepared by a professional engineer licensed in the State of
Texas that can confirm that the existing pole or infrastructure has the structural
stability to carry proposed network nodes, can bear the local wind load without pole
modification, and whether the installation will require pole reinforcement; and, if
pole reinforcement is necessary, then the Provider shall provide engineering design
and specification drawings for the proposed alteration to the existing pole;
5. Scaled dimensioned drawings or pictures, including a before -and -after image of the
pole and all proposed attachments and standalone equipment, of the proposed
attachments of the network node to the existing poles or structures as well as any
other proposed equipment, which indicates the spacing from existing curb,
driveways, sidewalk, and other existing light poles and any other poles or
appurtenances;
6. Scaled dimensioned construction plans indicating the current Right -of -Way line
and showing the proposed underground conduit and equipment, and its spacing
from existing utilities, with such construction plans showing a sectional profile of
the Right -of -Way and identifying all existing utilities and existing utility conflicts;
7. Analysis that the proposed network node shall not cause any interference with City
public safety radio system, traffic signal light system, or other communications
components;
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8. A traffic control plan, a SWPPP, and a trench safety plan if requested by the
Director;
9. Documentation showing that facilities above ground or on a pole or structure shall
be concealed or enclosed to the maximum extent practicable in an equipment box,
cabinet, or other unit that may include ventilation openings, and that all cabling and
wiring must be contained in conduit affixed directly to the face of the pole, and no
aerial wire or cable extending from the pole or structure;
10. Documentation showing that all projecting pole attachments, any equipment, or
appurtenance mounted on the ground, shall comply with the Texas Accessibility
Standards, American Disabilities Act as amended and shall not obstruct an existing
or planned sidewalk or walkway;
11. Documentation showing that all proposed projecting pole attachments shall provide
a minimum vertical clearance of eight feet (8');
12. Documentation showing that the color of the network node shall match the existing
pole color such that the network node blends with the color of the pole to the
maximum extent practicable; and
13. Any other documentation or analysis that the Director shall require that does not
conflict with any applicable law.
3.2 Installation of New Poles
Prior to the installation or modification of any pole, the Provider shall complete and submit to the
City a permit application for the pole on a City -approved form to the Director that is substantially
similar to the Sample Permit Application that is attached to this Design Manual as "Exhibit B," as
well as a Right -of -Way permit application as required in section 3.1 of this Design Manual. Along
with the standard required documents, the following items will also be required for the Public
Right -of -Way Permit application:
A. Permit Fee. The City of Lubbock's Right -of -Way Department shall govern all application
fees according to the Permit Fee Schedule attached to this Design Manual as "Exhibit A"
(the "Fee Schedule"). All fees must be paid in full before any permit shall be issued by the
City. Review fees must be paid at the time that the application is submitted. Review fees
are for permit processing and issuance only, and are in addition to any other applicable fee
or any separate payments that may be required for rent of City infrastructure. At the City's
discretion, the City may charge the Provider a lower fee if the lower fee is:
1. Nondiscriminatory;
2. Related to the use of the City's Right -of -Way; and
3. Not a prohibited gift of the public property.
B. Attachments. Unless otherwise required by the City, the Provider shall submit attachments
to the permit application that relate to the following:
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 5
A scaled site plan, a sealed elevation view, supporting drawings, calculations, and
other documentation, signed and sealed by appropriate professional engineers,
showing the location and dimensions of all improvements, including information
concerning topography, radio frequency coverage, tower height requirements,
setbacks, drives, parking, fencing, landscaping, adjacent uses, and other
information necessary to ensure compliance with this Design Manual;
2. An aerial map showing the specific location of the new pole to which the network
node is proposed to be attached, and a street view image, with such map being in
XY Grid coordinates or latitude and longitude coordinates;
3. Documentation showing that the Provider pole shall not be within three hundred
feet (300') of an existing pole unless otherwise approved by the City in writing, and
that the proposed new node support pole is spaced at least three hundred linear feet
(300 LF) from another pole that is capable of supporting network nodes along the
proposed location;
4. Plans and drawings prepared by a professional engineer licensed in the State of
Texas showing that the new network pole has the structural stability to carry
proposed network nodes and can bear the local wind loads;
5. Scaled dimensioned drawings or pictures, including a before -and -after image of the
pole and all proposed attachments and standalone equipment, of the proposed
attachments of the network node to the existing poles or structures as well as any
other proposed equipment, which indicates the spacing from existing curb,
driveways, sidewalk, and other existing light poles and any other poles or
appurtenances;
6. Scaled dimensioned construction plans indicating the current Right -of -Way line
and showing the proposed underground conduit and equipment, and its spacing
from existing utilities, with such construction plans showing a sectional profile of
the Right -of -Way and identifying all existing utilities and existing utility conflicts;
7. A traffic control plan, a SWPPP, and a trench safety plan if requested by the
Director;
8. Analysis that the proposed network node shall not cause any interference with City
public safety radio system, traffic signal light system, or other communications
components;
9. Plans and drawings showing that a proposed pole is set back a distance equal to the
height of the pole from any off -site residential structure;
10. A Street Use License issued by the City to the Provider, if required for the
Provider's activities in the City's Right -of -Way;
11. Documentation showing that facilities above ground or on a pole or structure shall
be concealed or enclosed to the maximum extent practicable in an equipment box,
cabinet, or other unit that may include ventilation openings, and that there shall be
no external cable or wire on any pole or structure, and no aerial wire or cable
extending from the pole or structure;
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 6
12. Documentation showing that all projecting pole attachments, any equipment, or
appurtenance mounted on the ground, shall comply with the Texas Accessibility
Standards, American Disabilities Act as amended and shall not obstruct an existing
or planned sidewalk or walkway;
13. Documentation showing that all proposed projecting pole attachments shall provide
a minimum vertical clearance of eight feet (8');
14. Documentation showing that the proposed poles are not wooden poles, are
breakaway; and are black powder -coated;
15. Documentation showing that the color of the network node shall match the existing
pole color such that the network node blends with the color of the pole to the
maximum extent practicable; and
16. Any other documentation or analysis that the Director shall require that does not
conflict with any applicable law.
3.3. Installation of Transport Facilities
The Provider shall not install or modify a new transport facility within the City's Right -of -Way
without first obtaining a Permit from the City. Before beginning excavation in any of the City's
Right -of -Way, the Provider shall be responsible for complying with all laws relating to verifying
the location of existing utility lines and facilities and avoiding encroachment thereon. If the work
proposed in the Right -of -Way Permit application involves more than three hundred feet (300) of
continuous trenching or boring or the installation of a node support pole or an electrical meter
pedestal or ground box, then the Provider shall coordinate its work schedule with the Director
before work can begin.
3.4. Electrical Permit
The Provider shall be responsible for coordinating with the appropriate electrical utility to ensure
compliance with any rules or regulations affecting a node or pole.
IV. Network Node and Node Support Pole Requirements
4.1. Installation
The Provider shall, at its own cost and expense, install the network nodes and node support poles
in a good and workmanlike manner and in accordance with the requirements promulgated by this
Design Manual within six (6) months of City approval of the Permit Application, and all other
applicable laws, ordinances, codes, rules, and regulations of the City, the State, and the United
States, as such may be amended from time to time. As provided by this Design Manual and all
applicable laws, the Provider's work shall be subject to the regulation, control, and direction of the
City. All work done in connection with the installation, operation, maintenance, repair,
modification, or replacement of the network nodes and node support poles shall be in compliance
with all applicable laws.
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4.2 Inspections
The City may perform visual inspections of any network nodes and node support poles located in
the Right -of -Way, as the City deems appropriate without notice. If the inspection requires physical
contact with the network nodes or node support poles, the City shall provide written notice to the
Provider within five (5) business days of the planned inspection. The Provider may have a
representative present during such inspection.
In the event of an emergency situation, the City may, but is not required to, notify the Provider of
an inspection. The City may take action necessary to remediate the emergency situation and the
City shall notify the Provider as soon as practically possible after remediation is complete.
4.3. Placement
A. Parks. The placement of network nodes and node support poles in any park, park road,
sidewalk, or property is prohibited unless such placement is specifically allowed in Chapter
284 of the Texas Local Government Code and the placement complies with all other
applicable laws, private deed restrictions, and other public or private restrictions on the use
of the park.
B. City Infrastructure. The Provider shall neither allow nor install network nodes or node
support poles on any City property that falls outside the definition of Public Right -of -Way
in Chapter 284 of the Texas Local Government Code.
C. Residential Streets. The Provider shall neither allow nor install network nodes or node
support poles in Right -of -Way that are adjacent to a street or thoroughfare that is not more
than fifty feet (50') wide and adjacent to single-family residential lots or other multifamily
residences or undeveloped land that is designated for residential use by zoning or deed
restrictions, unless otherwise approved by the City in writing. In no case shall placement
be anywhere other than alleys in residential areas.
D. Historic District. The Provider shall neither allow nor install network nodes or node
support poles in Right -of -Way that is within a Historic District as defined by Chapter 284
of the Texas Local Government Code, unless approved by the City in writing.
E. Decorative Poles. The Provider shall neither allow nor install network nodes on a
Decorative Pole as defined by Chapter 284 of the Texas Local Government Code, unless
approved by the City in writing. This standard shall be applicable to all proposed nodes
and poles in the Central Business District, the North Overton District, the South Overton
National Registered District, the 34th Street Corridor, and all other applicable districts as
they now exist or may be created subsequent to the implementation of this Design Manual.
The City will only approve applications affecting the districts considered in this section if
the applications use camouflage techniques approved by the City. See examples below.
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F. Poles. Wireless Facilities on node support poles shall be installed at least eight feet (8')
above the ground.
G. Right -of -Way. Unless otherwise approved in writing by the City, node support poles and
ground equipment shall be placed within eighteen inches (18") of the outer edge or eighteen
inches (18") from the back of curb of the Right -of -Way line. Node support poles and
ground equipment or network nodes shall not impede pedestrian or vehicular traffic in the
Right -of -Way. If a node support pole and ground equipment or network node is installed
in a location that is not in accordance with the plans approved by the City and impedes
pedestrian or vehicular traffic or does not comply or otherwise renders the Right -of -Way
non -compliant with applicable laws, including the American Disabilities Act as Amended,
then the Provider shall remove the noncompliant node support poles, ground equipment,
or network nodes.
4.4 Fiber Connection
The Provider shall be responsible for obtaining access and connection to fiber optic lines or other
backhaul solutions that may be required for its node support poles or network nodes.
4.5 Generators.
The Provider shall not allow or install generators or back-up generators in the Right -of -Way.
4.6 Equipment Dimensions
The Provider's node support poles and network nodes shall comply with the dimensions set forth
in Chapter 284 of the Texas Local Government Code.
4.7 Tree Maintenance
The Provider and its contractors and agents shall obtain written permission from the City before
trimming trees hanging over its node support poles and network nodes to prevent branches of such
trees from contacting node support poles and network nodes. When directed by the City, however,
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 9
the Provider shall trim under the supervision and direction of the Parks Director. The City shall
not be liable for any damages, injuries, or claims arising from the Provider's actions under this
section.
4.8 Signage
A. The Provider shall post its name, location, identifying information, and emergency
telephone number in an area on the node support pole and network node that is visible to
the public. Such signage required under this section shall not exceed four inches by six
inches (4" x 6") unless otherwise required by law or the City.
B. Except as required by law or by the utility pole owner, the Provider shall not post any other
signage or advertising on any node support pole, network node, or utility pole.
4.9 Overhead Lines Prohibited
In an UUD, the Provider shall neither allow nor install any overhead lines connecting to a node
support pole. All overhead lines connecting to the node support pole where other overhead
telecommunications or utility lines are or planned to be buried below ground as part of a project
shall be buried below ground.
4.10 Repair
Whenever the installation, placement, attachment, repair, modification, removal, operation, use,
or relocation of a node support pole, network node, or any portion thereof is required and such
installation, placement, attachment, repair, modification, removal, operation, use, or relocation
causes any property of the City to be damaged in any way or to have been altered in such a manner
as to make it unusable, unsafe, or in violation of any law, then the Provider, at its sole cost and
expense, shall promptly repair and return such property to its original condition. If the Provider
does not repair such property or perform such work as described in this section, then the City shall
have the option, upon ten (10) days' prior written notice to the Provider, or immediately if there is
an imminent danger to the public, to perform or cause to be performed such reasonable and
necessary work on behalf of the Provider and to charge the Provider for the reasonable and actual
costs incurred by the City for such repair and work. The Provider shall reimburse the City for the
costs associated with this section.
4.11 Graffiti Abatement
As soon as practical, but not later than ten (10) days from the date the Provider receives notice
thereof, the Provider shall remove all graffiti on any of its node support poles and network nodes
located in the Right of Way.
4.12 Inventory
A. The Provider shall maintain a list of its network nodes and node support poles, and shall
provide to the City an inventory of the locations of such nodes and poles within ten (10)
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 10
days of their installation. The inventory of network nodes and node support poles shall
include GIS coordinates, date of installation, City pole ID number (if applicable), type of
pole used for installation, pole owner, and a description of the type of installation for each
network node and node support pole installation.
B. The Provider shall provide an inventory of its network nodes and node support poles within
thirty (30) days of City's written request. Concerning network nodes and node support
poles that become inactive, the inventory shall include the same information as active
installations in addition to the date the network node or node support pole was deactivated
and the date the, network node or node support pole was removed from the Right -of -Way.
The City may compare the inventory to its records to identify any discrepancies.
4.13 Reservation of Rights
The City reserves the right to install, and to permit others to install, utility facilities in the Rights -
of -Way. In permitting such work to be done by others, the City shall not be liable to the Provider
for any damage caused by those persons or entities. The City reserves the right to locate, operate,
maintain, and remove City traffic signal poles in the manner that best enables the operation of its
traffic signal system and to protect the public safety. The City reserves the right to locate, operate,
maintain, and remove any City pole or structure located within the Right -of -Way in the manner
that best enables the City's operations.
V. Interference with Operations
5.1 No Liability
A. The City shall not be liable to the Provider for any damage caused by other Providers with
Wireless Facilities sharing the same pole, or for failure of the Provider's network nodes for
whatever reason, including but not limited to damage resulting from vehicular collisions,
weather related events, or malicious attacks.
B. The City shall not be liable to the Provider by reason of inconvenience, annoyance, or
injury to a network node, node support pole, or activity conducted by the Provider
therefrom, arising from the necessity of repairing any portion of the Right -of -Way, or from
the making of any necessary alteration or improvement in, or to, any portion of the Right -
of -Way, or in or to the City's fixtures, appurtenances, or equipment. The City will use
reasonable efforts not to cause material interference to the Provider's operation of its
network nodes or node support poles.
5.2 Signal Interference with City's Communications Infrastructure Prohibited
A. No interference. In the event that any of the Provider's network nodes interferes with the
City's traffic signal system, public safety radio system, or other City communications
infrastructure operating on a spectrum where the City is legally authorized to operate, then
the Provider shall promptly cease operation of the network nodes causing said interference
upon receiving notice from the City and refrain from operating. The Provider shall respond
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 11
to the City's request to address the source of the interference as soon as practicable, but in
no event later than twenty-four (24) hours of receiving notice.
B. Protocol for Responding to Event of Interference. The protocol for responding to events of
interference will require the Provider to provide to the City an Interference Remediation
Report that includes the following items:
1. A remediation plan that outlines a plan to stop the event of inference;
2. A time frame for execution that provides the expected time frame for execution of
the remediation plan; and
3. Any additional information that is relevant to the execution of the remediation plan.
In the event that interference with the City facilities cannot be eliminated, the Provider
shall shut down the network nodes and remove or relocate the network node that is the
source of the interference as soon as possible to a suitable alternative location made
available by the City.
C. Following installation or modification of a network node, the City may require the Provider
to test the network node's radio frequency and other functions to confirm it does not
interfere with the City's operations.
VI. Abandonment, Relocation and Removal
6.1 Abandonment of Obsolete Network Nodes and Node Support Poles
The Provider shall remove any network node or node support pole when such facility is abandoned,
regardless of whether or not the Provider 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 sixty (60) days of the network node or node
support pole being abandoned, or within ninety (90) days of receipt of written notice from the City.
When the Provider removes or abandons permanent structures in the Right -of -Way, the Provider
shall notify the City in writing of such removal or abandonment and shall file with the City the
location and description of each network node or node support pole removed or abandoned. The
City may require the Provider to complete additional remedial measures necessary for public safety
and the integrity of the Right -of -Way.
6.2 Relocation and Removal at the Provider's Expense
A. The Provider shall remove and relocate its network nodes and node support poles at its own
expense to an alternative location not later than sixty (60) days, or as otherwise specified,
after receiving written notice that removal, relocation, or alteration of the network nodes
or node support poles is necessary due to:
Construction, completion, repair, widening, relocation, or maintenance of, or use
in connection with, any City construction or maintenance project or other public
improvement project;
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 12
2. Maintenance, upgrade, expansion, replacement, removal or relocation of the City's
pole or structure upon which the Provider's network nodes are attached;
The network node or node support pole, or portion thereof, is adversely affecting
proper operation of traffic signals, streetlights, or other. City property as described
in section 5.2 of this Design Manual;
4. Closure of a street or sale of City property;
Projects and programs undertaken to protect or preserve the public health or
safety;
6. Activities undertaken to eliminate a public nuisance;
7. The Provider fails to obtain all applicable licenses, permits, or certifications
required by law for its network nodes or node support poles; or
8. Any duty otherwise arising from any applicable law.
B. ' The Provider's duty to remove and relocate its network nodes and node support poles at its
expense is not contingent on the availability of an alternative location acceptable for
relocation. The City will make reasonable efforts to provide an alternative location within
the Right -of -Way for relocation, but regardless of the availability of an alternative site
acceptable to the Provider, the Provider shall comply with the notice to remove its network
nodes and node support poles as instructed.
C. The City may remove the network node or node support pole if the Provider does not
remove such network node or node support pole within sixty (60) days. In such case, the
Provider shall reimburse the City for the City's actual cost of removal of its network nodes
and node support poles within thirty (30) days of receiving the invoice from the City.
6.3 Removal or Relocation by Provider
A. If the Provider removes or relocates at its own discretion, it shall notify the City in writing
not less than ten (10) business days prior to such removal or relocation. The Provider shall
obtain all permits required for the relocation or removal of its network nodes and node
support poles prior to such relocation or removal.
B. The City shall not issue any refunds for any amounts paid by the Provider for network
nodes and node support poles that have been removed.
6.4 Restoration
The Provider shall repair any damage to the Right -of -Way, and the property of any third party,
resulting from the Provider's removal or relocation activities, or for any other of Provider's
activities hereunder, within ten (10) days following the date of such removal or relocation, at the
Provider's sole cost and expense, including the restoration of the Right -of -Way and such property
to substantially the same condition as it was immediately before the date the Provider was granted
a permit for the applicable location, including restoration or replacement of any damaged trees,
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 13
shrubs, or other vegetation. Such repair, restoration, and replacement shall be subject to the sole,
reasonable approval of the City.
6.5 Provider Responsible
The Provider shall be responsible and liable for the acts and omissions of the Provider's employees,
temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, sub -lessees,
and subcontractors in connection with the performance of activities within the City's Right -of -
Way, as if such acts or omissions were the Provider's acts or omissions.
VII. Insurance and Indemnity
7.1 Insurance
A. Each Provider shall procure and carry, at its sole cost and expense, throughout the duration
of the Permit, insurance protection in a form and substance satisfactory to the City, carried
with an insurance company authorized to transact business in the State of Texas, covering
all foreseeable aspects and operations in connection with the Permit, including, but not
limited to, all aspects, operations, or occurrences to which the Provider has indemnified
the City as required in this Design Manual. A Certificate of Insurance specifying each and
all coverages shall be submitted to the City prior to the provision of any Permit. The
Provider shall provide to the City proof of the below -described insurance on or before thirty
(30) days prior to the expiration date of each expiring policy, and cause each required
policy to require the insurer to (i) give notice to the City, as specified herein, of termination
of any such policy sixty (60) days before such termination is to be effective; and (ii) contain
a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers
may acquire by virtue of payment of any loss under such insurance. Each Provider is
required to obtain the following coverage:
1. Commercial General Liability Insurance. The Provider shall have commercial
general liability insurance and such coverage must have either a minimum limit of
five hundred thousand dollars ($500,000) bodily injury per person, five hundred
thousand dollars ($500,000) bodily injury per occurrence, and five hundred
thousand dollars ($500,000) property damage; or one million dollars ($1,000,000)
combined single limit coverage. The City shall be named as an additional insured
on a primary and non-contributory basis in such policy.
2. Automotive Liability Insurance. The Provider shall have auto liability insurance,
with limits of five hundred thousand dollars ($500,000) combined single limit. The
City shall be named as an additional insured on a primary and non-contributory
basis in such policy.
B. If the City's Right -of -Way or any fixture or property located in the City's Right -of -Way
shall be partially destroyed by any casualty insurable under the Provider's insurance policy,
the Provider shall, upon receipt of the insurance proceeds, repair the same. If the City's
Right -of -Way or any fixture or property located in the City's Right -of -Way shall be
damaged as a result of a risk which is not fully covered by the Provider's insurance, then
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 14
the Provider shall either (a) repair or rebuild the damaged improvements to the extent of
available insurance proceeds, or (b) terminate the Permit and assign the insurance proceeds
to the City. If the Provider fails to repair or rebuild the damaged improvements to the extent
of available insurance proceeds or terminate the Permit and assign any insurance proceeds
to the City, the City shall have the right to terminate the Permit.
7.2 Indemnity
A. THE PROVIDER SHALL INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS AND
EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, COSTS,
LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS
OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY, AND
SUITS OF ANY KIND AND NATURE, INCLUDING PERSONAL OR BODILY INJURY (INCLUDING
DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS
SOUGHT THAT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE CAUSED
SOLELY BY THE NEGLIGENT ACT, ERROR, OR OMISSION OF THE PROVIDER, ANY AGENT,
OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, AFFILIATE, OR SUBCONTRACTOR OF
THE PROVIDER, OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, OR
REPRESENTATIVES, WHILE INSTALLING, REPAIRING, OR MAINTAINING FACILITIES IN A
PUBLIC RIGHT-OF-WAY. THE INDEMNITY PROVIDED BY THIS SUBSECTION DOES NOT
APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF THE MUNICIPALITY, ITS
OFFICERS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. IF A PROVIDER AND THE
CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY
SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THIS
STATE WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO
THE MUNICIPALITY UNDER STATE LAW AND WITHOUT WAIVING ANY DEFENSES OF THE
PARTIES UNDER STATE LAW. THIS SECTION IS SOLELY FOR THE BENEFIT OF THE CITY AND
THE PROVIDER AND DOES NOT CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
B. A PROVIDER OR CITY SHALL PROMPTLY ADVISE THE OTHER IN WRITING OF ANY KNOWN
CLAIM OR DEMAND AGAINST THE PROVIDER OR THE CITY RELATED TO OR ARISING OUT
OF THE PROVIDER'S ACTIVITIES IN A PUBLIC RIGHT-OF-WAY.
C. THE CITY SHALL NOT BE LIABLE FOR, FROM, OR AGAINST, AND THE PROVIDER HEREBY
RELEASES THE CITY FOR, FROM, AND AGAINST, ANY LOSSES, DAMAGES, CLAIMS, OR
LIABILITIES TO THE PROVIDER, ON ANY THEORY OF LEGAL LIABILITY, INCLUDING, BUT
NOT LIMITED TO, THE NEGLIGENCE, OF ANY TYPE OF DEGREE OR FAULT, OF THE CITY
ARISING FROM, OR RELATED TO, IN ANY WAY, MANNER, OR FORM, THE
UNENFORCEABILITY OR VOIDANCE, FOR ANY REASON, OF ALL OR ANY PORTION OF, THE
PERMIT.
D. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THE TERMINATION OR
VOIDANCE OF THE PERMIT.
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 15
VIII. Miscellaneous
A. Termination
1. The Permit may be terminated by the City upon five (5) days' written notice to the
Provider, should the Provider fail to substantially perform in accordance with this
Design Manual through no fault of the City. A Permit may be terminated with or
.without cause by the City upon thirty (30) days' written notice to the Provider.
2. The termination of the Permit shall not relieve the Provider from the payment of
any sum or sums that shall then be due and payable or become due and payable to
the City, or any claim for damages then or therefore accruing against the Provider,
and any such sums or claim for damages by any remedy provided for by law, or
from recovering damages plus reasonable attorney's fees from the Provider for any
default hereunder. All rights, options, and remedies of the City contained in this
Design Manual shall be cumulative, and the City shall have the right to pursue any
one or all of such remedies or any other remedy or relief available to it by law or
in equity, whether or not stated in this Design Manual. No waiver by the City of a
breach of any of the covenants, conditions, or restrictions of this Design Manual
shall be construed or held to be a waiver of any succeeding or preceding breach of
the same or any other covenant condition, or restriction herein contained.
3. In the event a Permit is terminated for any reason, the Provider shall vacate the area
associated with the Permit immediately upon receipt of the written notice by the
City. If the Provider fails to vacate the area associated with the Permit upon
termination of the Permit, the City shall not be responsible for any damage that
might occur to the Provider's property by virtue of the City forcibly removing the
Provider's property from the Permitted Area.
B. Force Majeure
The City is not responsible for the delay, interruption, damage, or termination of the Provider's
work that occurs as a result of force majeure. Force Majeure shall mean an act of God, fire,
calamity, strike, lockout, material or labor restriction by any governmental authority, civil unrest,
riot, flood, or any other cause not reasonably within the control of the City by which the City is
unable, wholly or in part, to prevent or overcome. In such event, the Provider's work authorized
by -the Permit will be suspended until, in the City's sole discretion, the force majeure no longer
affects the Provider's ability to perform its work. The Provider waives any claim against the City
for damages by reason of such suspension.
C. Reservation of Rights
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 16
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, the Permit, the former shall control.
D. Public Information
The Permit is public information. To the extent, if any, that any provision of this Design Manual
is in conflict with the "Texas Public Information Act" the same shall be of no force and effect.
E. No Joint Enterprise
A Permit is entered solely by and between, and may be enforced only by and among the City and
the Vendor. Except as set forth above, the Permit shall not be deemed to create any rights in or
obligations to any third parties. The Permit is not intended, and shall not be construed, to create
any joint enterprise between or among the Parties.
F. No Personal Liability
Nothing in the Permit is construed as creating any personal liability on the part of any employee,
officer or agent of any public body that may be a parry to the Permit.
G. No Waiver
EACH PARTY EXPRESSLY ACKNOWLEDGES AND AGREES THAT NO PROVISION OF THE PERMIT OR
THIS DESIGN MANUAL IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY A PARTY OF ITS
IMMUNITIES FROM SUIT OR LIABILITY THAT IT MAY HAVE BY OPERATION OF LAW. THE CITY
RETAINS ALL OF ITS GOVERNMENTAL IMMUNITIES.
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 17
Exhibit A — Permit Fee Schedule
Any fee, rate, or charge required under this Design Manual shall be subject to the statutory limits
provided in Chapter 284 of the Texas Local Government Code.
Type of Facility Fee
Annual Public Right -of -Way Fee $250 per node/year
Collocation of a Node on a Pole $20 per pole/year
Transport Facility $28 per node/year
Application Type Fee
Basic Node Bundle (5 or less Nodes) $500
Extra Node (Every Node beyond the Bundle) $250
Pole (For every new Pole) $1,000
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 18
Exhibit B — Sample Permit Application
4Lubbock
Cityof Engineering Department
Phone: 8Qa-775-2347 Email: UtiiityPermits(E.)mylubboek.us
IMS
WIRELESS COMMUNICATION FACILITY
PERMIT APPLICATION!
D ate:
Applicant
Company:
Contact Name:
Address:
office Phone Number:
Email:
Description of work
Project Work Dates
Start Date:
Job Site Address/Cross Streets:
Work Description:
For City Use:
Permit Number:
Cell Phone Number:
Anticipated Completion Date:
Type of facility
❑ Network node ❑ Node support pole ❑ Transport facility
Purpose
❑ Install El Remove ❑Maintenance
Co -locate on existing poles? ❑Yes ❑ No
Number of nodes proposed:
❑other
❑Other
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 19
Carrier on Behalf of Whom Application is filed
Company:
Contact Name:
Address:
Phone Number: E-mail:
A complete application will include the following documents
Digital documents are acceptable and preferred (may be,emailed or provided on a flash drive)
❑Construction plans to include a site plan, load calculations, and line diagrams (if plans
include excavation, site plan must show the location and depth of all utilities in the adjacent, public
right-of-way). include number of attachments per pole and spacing from existing poles (if
applicable).
Ell Photo or computer simulations representing the above ground facility before and after installation
(include pedestals, cabinets and/or vents in the simulations).
FDAnalysis of non-interference with city facilities
❑Aerial map showing specific location of existing or new poles
❑Traffic control plan, SWPPP, trench safety plans as applicable
❑Street Use License (if applicable)
❑Documentation showing concealment methods
❑Documentation indicating pole color and pole material
❑Documentation showing compliance with Texas Accessibility Standards and American Disabilities Act
This is an application for the installation of a new wireless facility or Wii-Fi device located at the Job Site
Address(es). The applicant certifies that the information contained herein and the attached documents
are in compliance with State Law and the City of Lubbock Design Manual.
By entering my first and last names below, 1, the applicant certify and agree that I am authorized to
represent the company listed herein and have read and agree to all terms in the City of Lubbock
Design Manual.
IApplicant tirst and las name:
City of Lubbock - Public Right -of -Way Wireless Communication Facilities Design Manual Page 20