HomeMy WebLinkAboutItem 10 - Public Right of Way MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: BRUNO RUMBELOW, CITY MANAGER P'
MEETING DATE: AUGUST 15, 2017
SUBJECT: ORDINANCE AMENDMENT — MANAGEMENT OF PUBLIC
RIGHTS-OF-WAY
RECOMMENDATION:
City Council consider approval of an ordinance amending the Grapevine Code of
Ordinances Chapter 20, Streets, Sidewalks and Other Public Ways relating to the
management of public rights-of-way.
BACKGROUND:
Senate Bill 1004, passed in the 85th Regular Session pre-empts municipal authority over
the right-of-way in regard to network nodes (also known as small cells). Small cells
increase cellular coverage and capacity in dense areas and in areas with poor coverage.
The new legislation, which takes effect September 1, 2017, requires that cities allow
network nodes to locate in the right-of-way. In addition, and for the first time, the legislation
requires that we allow location on city facilities, such as city poles, street lights, traffic
signals and other vertical facilities.
The legislation still allows the City to retain right-of-way management authority that
governs the process to allow these cells to be installed. An ordinance is required to be in
place on or before the effective date of the legislation of September 1, 2017.
Adoption of the amendments puts in place a permitting procedure so that staff can track
the locations of the small cells to insure there is no structural damage to the City facilities
on which the small cells are placed and to be able to require minor aesthetic treatments
when the small cells are placed in a historic district.
Under the new ordinance, small cells are limited to one per pole and are prohibited in the
locations listed below.
• Within municipal parks
• Within 300 feet from a Historic landmark
• On any road that is less than 50 feet wide or adjacent to residentially zoned areas
• On any decorative pole
Public Works Director recommends approval.
ORDINANCE NO. 2017-049
AN ORDINANCE AMENDING CHAPTER 20 ENTITLED "STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS" ARTICLE IV "MANAGEMENT
OF THE PUBLIC RIGHTS-OF-WAY"OF THE CODE ORDINANCES OF
THE CITY OF GRAPEVINE, TEXAS BY REPEALING THE CURRENT
ARTICLE IV "MANAGEMENT OF THE PUBLIC RIGHTS-OF-WAY" OF
CHAPTER 20 AND REPLACING IT WITH THE FOLLOWING ARTICLE IV
"MANAGEMENT OF THE PUBLIC RIGHTS-OF-WAY" OF CHAPTER 20
AND PROVIDING FOR DEFINTIONS; PROVIDING RIGHT-OF-WAY
OCCUPANCY - AUTHORIZATION; PROVIDING FOR REGISTRATION
AND CONSTRUCTION PERMITS; PROVIDING FOR CONSTRUCTION
AND MAINTENANCE STANDARDS; PROVIDING FOR AS-BUILT PLANS;
PROVIDING FOR CONFORMANCE WITH PUBLIC IMPROVEMENTS;
PROVIDING FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING
FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION
OR DENIAL OF PERMIT; PROVIDING FOR APPEAL FROM DENIAL OR
REVOCATION OF PERMIT; PROVIDING FOR INDEMNITY; PROVIDING
FOR INSURANCE REQUIREMENTS; PROVIDING FOR RESTORATION
OF PROPERTY; PROVIDING FOR INSPECTIONS; PROVIDING FOR
ABANDONED FACILITIES; PROVIDING THAT UNDERGROUND
INSTALLATION PREFERRED; PROVIDING FOR COURTESY AND
PROPER PERFORMANCE; PROVIDING FOR DRUG POLICY;
PROVIDING FOR TREE MAINTENANCE; PROVIDING FOR SIGNAGE;
PROVIDING FOR GRAFFITI ABATEMENT; PROVIDING FOR
ALTERNATE MEANS OR METHOD; WAIVER; PROVIDING FOR
ORDERLY USE OF THE RIGHT-OF-WAY BY MULTIPLE USERS;
PROVIDING FOR A DESIGN MANUAL; PROVIDING FOR PROHIBITED
OR RESTRICTED AREAS FOR WIRELESS FACILITIES IN THE RIGHT-
OF-WAY; PROVIDING FOR PREFERRED LOCATIONS; PROVIDING
FOR ORDER OF PREFERENCE REGARDING ATTACHMENT TO
EXISTING FACILITIES; PROVIDING FOR PLACEMENT
REQUIREMENTS; PROVIDING FOR CAMOUFLAGUE REQUIRED
WHEN POSSIBLE; PROVIDING FOR GENERAL REQUIREMENTS;
PROVIDING FOR ELECTRICAL SUPPLY; PROVIDING FOR
INSTALLATION AND INSPECTIONS; PROVIDING FOR
REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT,
MAINTENANCE AND REPAIR; PROVIDING FOR REQUIREMENTS
UPON ABANDONMENT; PROVIDING FOR GENERAL PROVISIONS;
PROVIDING FOR INSURANCE, INDEMNITY, BONDING AND SECURITY
DEPOSITS; PROVIDING FOR DESIGN MANUAL UPDATES; PROVIDING
FOR ADMINISTRATIVE HEARING - REQUEST FOR EXEMPTION;
PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine finds that the right-of-way, including but not
limited to the streets, sidewalks, and utilities located therein are vital to the everyday life
of its citizens, visitors and businesses; and
WHEREAS, the City of Grapevine finds that there is limited available space in the
right-of-way for the many competing uses of said space; and
WHEREAS, the City is charged with conserving the limited physical capacity of the
public rights-of-way which are held in public trust by the City for the benefit of its citizens,
visitors, and businesses; and
WHEREAS, the following regulations are necessary to assist in the management
of facilities placed in, or over, the public rights-of-way and in order to minimize the
congestion, inconvenience, visual impact and other adverse effects that can occur during
construction in the rights-of-way, and the manage costs to the citizens resulting from the
placement of facilities within the public rights-of-way; and to govern the use and
occupancy of the public rights-of-way; and
WHEREAS, the following regulations are necessary to preserve the physical
integrity of the streets and highways; and to control the orderly flow of vehicles and
pedestrians; and to keep track of the different entities using the rights-of-way to prevent
interference between them; and to assist on scheduling common trenching and street
cuts; and to protect the safety, security, appearance, and condition of the public rights-of-
way; and
WHEREAS, orderly use and management of the City's rights-of-way is required
for economic development; and
WHEREAS, the following regulations and necessary to preserve and protect the
health, safety and welfare of the City of Grapevine, Texas and its citizens, visitors,
travelers, and businesses;
WHEREAS, constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Ordinance No. 2017-049 2
Section 2. That the current Chapter 20, entitled "Streets, Sidewalks and Other
Public Ways" is hereby amended by deleting the current Article IV "Management of the
Public Rights-of-Way" in its entirety and replacing it with a new Article IV "Management
of the Public Rights-of-Way" to read as follows:
Chapter 20 - RIGHT-OF-WAY MANAGEMENT
ARTICLE IV. - MANAGEMENT OF PUBLIC RIGHTS-OF-WAY
PART I
Sec. 20-55. - Definitions.
For the purpose of this article, the following words shall be defined herein 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.
Access line means, unless the commission adopts a different definition under Section
283.003, a unit of measurement representing: (i) each switched transmission path of
the transmission media that is physically within a public right-of-way extended to the
end-use customer's premises within the municipality, that allows the delivery of local
exchange telephone services within a municipality, and that is provided by means of
owned facilities, unbundled network elements or leased facilities, or resale; (ii) each
termination point or points of a nonswitched telephone or other circuit consisting of
transmission media located within a public right-of-way connecting specific locations
identified by, and provided to, the end-use customer for delivery of nonswitched
telecommunications services within the municipality; or (iii) each switched
transmission path within a public right-of-way used to provide central office-based
PBX-type services for systems of any number of stations within the municipality, and
in that instance, one path shall be counted for every ten (10) stations served; and may
not be construed to include interoffice transport or other transmission media that do
not terminate at an end-use customer's premises or to permit duplicate or multiple
assessment of access line rates on the provision of a single service.
Ancillary means secondary, supporting, or subordinate.
Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless services.
Ordinance No. 2017-049 3
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 this chapter
Applicant means a person submitting an application, proposal or notice to the City
to work in the right-of-way.
Application or proposal are synonymous for the purposes of this chapter. An
"application" or "proposal" means the process by which the applicant submits a
request and indicates a desire to be granted a license, permit or franchise for all, or
a part, of the City. An "application" or"proposal" includes all written documentation,
and official statements and representations, in whatever form, made by an applicant
to the City.
Assignment of an authorization or transfer of an authorization means any transaction
or action which effectively or actually transfers the authorization or franchise or
changes operational or managerial control from one (1) person or entity to another.
Authorization or Agreement to use the Right-of-Way means a negotiated privilege
pursuant to an agreement between the City in its discretion and a person, allowing
a person to occupy any portion of a street, right-of-way, or easement owned or
controlled by the City, and may be for a limited period of time or for a specific
purpose.
Certificated telecommunications provider means the same as in Local Government
Code, Section 283.002(2) - any entity that has been granted a certificate from the
Public Utility Commission of Texas under Chapter 54 of the Texas Utility Code
authorizing that entity to provide local exchange telephone service.
City means the City of Grapevine or the designated agent of the City.
City Council or Council/Franchising Authority means the City Council for the City of
Grapevine, Texas or its lawful successor, which is the governing body for the city.
City Manager shall mean the Grapevine City Manager or designee.
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.
Commission means the Public Utility Commission of Texas.
Communications network means a component or facility that is, wholly or partly,
physically located within a public right-of-way and that is used to provide video
programming, cable, voice, or data services.
Ordinance No. 2017-049 4
Construction means any work above the surface, on the surface or beneath the
surface of a public right-of-way, including, but not limited to, installing, servicing,
repairing or modifying any facility(s) in, above or under the surface of the public right-
of-way, and restoring the surface and subsurface of the public right-of-way, subject
to the provisions of Section 20-57(b)(3).
Construction performance bond means any of the following forms of security
provided at the owner's option:
(a) Individual project bond.
(b) Cash deposit.
(c) Security of a form listed or approved under State of Texas statutes.
(d) Letter of credit, in a form acceptable by City.
Construction permit means the permit which, pursuant to this article, must be
obtained before an owner may construct in a right-of-way. A construction permit
allows the holder to construct facilities in that part of the right-of-way described in
such permit.
Consumer price index means the annual revised consumer price index for all urban
consumers for Texas, as published by the Federal Bureau of Labor Statistics.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered,
painted, disguised, or blended in to its environment or otherwise hidden or kept from
sight such that the Wireless Facility blends into the surrounding environment and is
visually unobtrusive. 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 façade, blended with surrounding area design, painted to match the
supporting area, or disguised with artificial tree branches
DAS or Distributed Antenna System shall be included as a type of Network Node and
have the same meaning as "Network Node."
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.
Decorative Traffic Signal means a Decorative Pole that has a traffic signal attached.
Department means the department of public works of the City.
Ordinance No. 2017-049 5
Design District means an area that is zoned, or otherwise designated by municipal
code, and for which the City maintains and enforces unique design and aesthetic
standards on a uniform and nondiscriminatory basis.
Director means the director of the department of public works or successor
department of the City or designee.
Emergency means a condition that the City, City Manager, director or department
determines; (1) poses a clear and immediate danger to life or health, or an immediate
and significant loss of property; or (2) requires immediate repair or replacement of
facilities in order to restore service to a customer.
Easement means, refers to or shall include any public easement or other compatible
use, whether created by dedication or by the other means, for uses which include
public utility purposes or any other purpose whatsoever. "Easement" may include a
private easement used for the provision of utilities, depending upon usage.
Facility or facilities includes, but is not limited to, any and all cables, pipelines, splice
boxes, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things
owned, leased, operated, or licensed by an owner or owners, that are located or are
proposed to be located in the public rights-of-way.
FCC or Federal Communications Commission means the Federal Administrative
Agency, or lawful successor, authorized to oversee cable television and other multi-
channel regulation on a national level.
Fiber able or Fiber Optic Cable means a form of communication transmission that
uses light to send data, high quality video and sound.
Franchise or Franchise Agreement means the initial authorization, or subsequent
renewal granted by the City in order for a person to construct, operate, and maintain
a system in all, or part, of the City right-of-way.
Franchise expiration means the date of expiration, or the end of the term of a
franchise, permit or license agreement.
Franchise fee means the user fee or charge that the City requires as payment for
using the streets, rights-of-way, public ways, and easements of the City.
Gross receipts means any and all compensation which is derived from the operation
of the system, and which is attributable to the systems operations within the City as
allowed by law.
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.
Ordinance No. 2017-049 6
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 of Grapevine, Texas.
Local exchange telephone service has the meaning assigned by Section 51.002,
Utilities Code.
Mayor means the Mayor for the City of Grapevine, Texas.
Macro Tower means a guyed or self-supported pole or monopole greater than the
height parameters prescribed by Section 284.103 and that supports or is capable of
supporting antennas.
Micro Network Node means a network node that is not larger in dimension than
twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches
in height, and that has an exterior antenna, if any, not longer than eleven (11) inches.
Municipal authorization means the individual grant to use the public rights-of-way
issued by the City and accepted by the individual owners in accordance with
Ordinance No. 99-30 of the City of Grapevine, Texas, as amended.
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.
Municipal Park means an area that is zoned, or otherwise designated, by municipal
code as a public park for the purpose of recreational activity, and includes means the
various properties used for such purpose under the direction, control and supervision
of the City.
MUTCD means Manual of Uniform Traffic Control Devices.
Network Node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The term:
(A) includes: (i) equipment associated with wireless communications; (ii) a radio
transceiver, an antenna, a battery-only backup power supply, and comparable
equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic
cable that is immediately adjacent to and directly associated with a particular
collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a
macro tower.
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: (i) network nodes; or(ii) node support poles or
any other structure that supports or is capable of supporting a network node.
Ordinance No. 2017-049 7
Node Support Pole means a pole as defined by Chapter 284 of the Texas Local
Government Code.
Owner means any person who owns any facility or facilities that are or are proposed
to be installed or maintained in the public rights-of-way. Included within this
definition is the owner's contractor, subcontractor, agent or authorized
representative.
Park has the same meaning as "Municipal Park".
Permit or Permit to construct means a permit to perform construction in accordance
with this article.
Person means any natural or corporate person, business association or other
business entity including, but not limited to, a partnership, a sole proprietorship, a
political subdivision, excluding the City, a public or private agency of any kind, a
utility, a successor or assign of any of the foregoing, or any other legal entity.
Pole means a service pole, municipally owned pole, node support pole, or other utility
pole, and shall include network node support pole.
Provider has the same meaning as "Network Provider".
PROWAG means Public Right-of-Way Accessibility Guidelines.
Restore or Restoration means the process by which a right-of-way is returned to a
condition that is equal to or better than the condition that existed before construction.
Right-of-Way, Public Way or Public Right-of-Way or Public Rights-of-Way or Rights-
of-Way or Right-of-Way means the surface of, and the space above and below a
public street, road, highway, freeway, land, path, public way or place, alley, court,
boulevard, parkway, drive, or other easement now or hereafter held by the City
(including any street, as defined, which is acquired by eminent domain) for the
purpose of public travel and shall include other easements or rights-of-way now or
hereafter held by the City (including any easements or rights-of-way acquired by
eminent domain) which shall, with their proper use and meaning, entitle the City or
utility provider, with proper authorization, to use thereof for the purpose of installing
or transmitting utilities over poles, wires, cable, conductors, ducts, conduits,
viaducts, manholes, amplifiers, appliances, attachments, and other property as may
ordinarily be necessary.
The term does not include a private easement or the airwaves above a public right-of-
way with regard to wireless telecommunications.
Ordinance No. 2017-049 8
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.
Small Cell shall be included as a type of Network Node and have the same meaning
as "Network Node".
State means the State of Texas.
Street means only the portion of the Right-of-Way with a specially prepared surface
used for vehicular travel, which surface may be concrete, blacktop or other material
commonly used to prepare a surface for vehicular travel, and is limited to the area
between the inside of the curb (when there is a curb) to the inside of the opposite
curb, and does not include the curb area or the area between the two parallel edges
of the surface used for vehicular travel where there is no curb. Right-of-Way includes
the sidewalks and utility easements and Street does not include a sidewalk or utility
easement. A Street does not include the curb, sidewalk, ditch, if any, present either
at time of permitting or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Thoroughfare shall have the same meaning as "Street".
TMUTCD means the Texas Manual of Uniform Traffic Control Devices.
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 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.
U.S.C. means United States Code.
Underground District or Underground Requirement Area or Underground Area
means an area where poles, overhead wires, and associated overhead or above
ground structures have been removed and buried or have been approved for burial
underground pursuant to municipal ordinances, zoning regulations, state law, private
deed restrictions, or other public or private restrictions, that prohibit installing
aboveground structures in a Public Right-of-Way.
User means a person or organization that owns, places or uses facilities occupying
the whole or a part of a public street or right-of-way, depending on the context.
Ordinance No. 2017-049 9
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 section 51.002 of the Utilities Code.
Voice service means voice communications services provided through wireline
facilities located at least in part in the public right-of-way, without regard to the delivery
technology, including Internet protocol technology. The term does not include voice
service provided by a commercial mobile service provider as defined by 47 U.S.C.
Section 332(d).
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 means "Micro Network Nodes," "Network Nodes," and "Node
Support Poles" as defined in Texas Local Government Code chapter 284.
PART II Right-of-Way Management
Sec. 20-56. Right-of-way occupancy - Authorization.
(a) Municipal Authorization or Agreement shall be required, except when clearly
preempted by state law. Nothing in this ordinance shall be considered to grant
authorization to any user. When any state law authorizing right-of-way use is
struck down, pre-empted, declared to be invalid or void, in whole or in part, the
user relying upon said law for authorization shall seek separate authorization
or shall cease using the right-of-way.
(b) When Municipal Authorization or Agreement is required, permit for construction
work may not be submitted until said Authorization or Agreement is obtained.
(c) Municipal authorization does not extend to the use of any property or facilities
other than the right-of-way.
(d) Municipal authorization does not address or allow the use of third party facilities
in the right-of-way.
(e) This Chapter does not constitute or create authority to place, reconstruct, or
alter facilities in, on, or over the public rights-of-way, and said authority must
be obtained by separate instrument in accordance with this section or by
operation of other laws.
Ordinance No. 2017-049 10
Sec. 20-57. Registration and construction permits.
(a) Registration.
In order to protect the public health, safety and welfare, all owners of facilities
in the right-of-way will register annually with the City of Grapevine. Registration
and permits will be issued in the name of the person who will own the facilities.
When any information provided for the registration changes, the owner will
inform the City of Grapevine of the change no more than thirty (30) days after
the date the change is made. Registration shall include:
(1) The name of the owner;
(2) The names, addresses and telephone numbers of the contact person(s)
for the owner;
(3) The names, addresses and telephone numbers of any contractor or
subcontractor, if known, who will be working in the right-of-way on behalf
of the owner;
(4) The name(s) and telephone number of an emergency contact who shall be
available 24 hours a day;
(5) Proof of insurance and bonds.
a. An owner must provide acceptable proof of insurance in the total
amount required by Section 20-72, insurance requirements for
permits for construction within public rights-of-way, or make other
provisions acceptable to the director or his/her designee.
b. The coverage must be on an "occurrence" basis and must include
coverage for personal injury, contractual liability, premises
liability, medical damages, underground, explosion and collapse
hazards.
c. Each policy must include a cancellation provision in which the
insurance company is required to notify the City in writing not
fewer than 30 days before canceling, failing to renew, or reducing
policy limits. The City reserves the right to review insurance
requirements and to reasonably adjust insurance coverage and
limits when the City manager determines that changes in
statutory law, court decisions, or the claims history of the industry
or the applicant, owner or user require adjustment of the
coverage.
d. The owner shall file the required original certificate of insurance
prior to any commencement of work. The certificate shall state
the policy number; name of the insurance company; name and
address of the agent or authorized representative of the
insurance company; name, address and telephone number of
insured; policy expiration date; and specific coverage amounts.
The City may accept a certificate of insurance or the City may
require another form of legally binding proof of insurance. An
insurer has no right of recovery against the City. The required
Ordinance No. 2017-049 11
insurance policies shall protect the user and the City. The
insurance shall be primary coverage for losses covered by the
policies. The policy clause "other insurance" shall not apply to
the City if the City is an insured under the policy.
e. Owner shall file an annual surety bond, which will be valid for one
full year, from a surety company authorized to do business in the
State of Texas in the amount equal to the estimated amount of
the cost to restore the right-of-way for the work anticipated to be
done in that year, in the event the owner leaves a job site in the
right-of-way unfinished, incomplete or unsafe, or make other
provisions, in lieu of a bond, as acceptable to the director or
his/her designee.
f. Owner shall file a maintenance bond for twenty-five (25) percent
of the cost of restoring the right-of-way for the preceding year.
Said bond shall be in force for two years.
g. The above requirements may be met by utilities with a current
franchise, license or municipal authorization if their current
franchise, license or municipal authorization adequately provides
for insurance or bonds or provides an indemnity in favor of the
City.
h. The above requirements may be waived by the director if the
owner submits documentation, in a form acceptable to the City
Attorney, that demonstrates the owner has assets in excess of
$20,000,000.00.
Failure to maintain registration requirements. In addition to all
other legal penalties, including criminal penalties, failure to
register or maintain and update registration information may
result in denial of a permit application or removal of facilities.
(b) Construction permits.
(1) No owner shall perform any construction or installation of facilities in the
right-of-way without first obtaining a construction permit, except as
provided herein. The permit will be in the name of the person who will
own the facilities to be constructed. The permit must be completed and
signed by a representative of the owner of the facilities to be
constructed.
(2) Emergency responses related to existing facilities may be undertaken
without first obtaining a permit; however, the department shall be
notified in writing within two business days of any construction related
to an emergency response; including a reasonably detailed description
of the work performed in the right-of-way. An updated map of any
facilities that were relocated, if applicable, shall be provided within
ninety (90) days.
(3) The phrase "construction or installation of facilities" does not include the
installation of facilities necessary to initiate service to a customer's
Ordinance No. 2017-049 12
property, or repair or maintenance of existing facilities unless such
repair or maintenance requires the breaking of pavement, excavation or
boring. The closure of traffic lanes or sidewalks during peak traffic
periods between 7:00 a.m. to 9:00 a.m., and 4:30 p.m. to 6:30 p.m. on
weekdays or for more than two hours during any non-peak traffic period
shall also require a permit.
(4) The permit shall state to whom it is issued, location of work, location of
facilities, dates and times work is to take place and any other conditions
set out by the director or his/her designee. If the owner fails to act upon
any permit within 90 calendar days of issuance, the permit shall become
invalid, and the owner will be required to obtain another permit.
(5) The person requesting a permit will provide the director or his/her
designee with documentation in the format specified by the department,
at the time of permit submittal, describing:
a. The proposed location and route of all facilities to be constructed
or installed and the owner's plan for right-of-way construction.
b. Engineering plans, which will be on a reasonable scale,
acceptable to the department.
c. Detail of the location of all right-of-way that owner plans to use.
d. Detail of all existing city utilities in relationship to owner's
proposed route.
e. Detail of what owner proposes to install, such as pipe size,
number of ducts, valves, etc.
f. Detail of plans to remove and replace asphalt or concrete in
streets in accordance with Exhibit "A", standard specifications
and details for restoration within public rights-of-way.
g. Drawings of any bores, trenches, handholes, manholes, switch
gear, transformers, pedestals, etc. including depth located in
public right-of-way.
h. Typical details of manholes and/or handholes owner plans to use
or access.
Complete legend of drawings submitted by owner.
j. If paper copies are required, three (3) sets of engineering plans
must be submitted with permit application.
k. The name, address and phone number(s) of the contractor or
subcontractor who will perform the actual construction, including
the name and telephone number of an individual with the
contractor who will be available at all times during construction.
Such information shall be required prior to the commencement of
any work.
The construction and installation methods to be employed for the
protection of existing structures, fixtures, and facilities within or
adjacent to the right-of-way, and the dates and times work will
Ordinance No. 2017-049 13
occur, all of which (methods, dates, times, etc.) are subject to
approval of the director or his/her designee.
m. A statement that the requirements of Section 20-63(a)(5)are met.
n. A traffic control plan approved by the City Manager, which shall
specify the traffic control measures to be provided, SWPPP, and
trench safety plan may also be required based on the proposed
scope of work. An approved traffic control plan shall be required
any time work will require traffic lane closures or sidewalk
closures, regardless of whether a permit is required.
o. No projecting attachments shall be less than eight (8)feet above
the ground, if not projecting toward the street. If an attachment
is projecting toward the street, the attachment shall be installed
no less than sixteen (16) feet above the ground.
p. Any proposed work shall not cause any interference with City
public safety radio system, traffic signal light system or other City
communications systems or components, regardless of whether
or not a permit is required. The right-of-way user shall provide
evidence in a form acceptable to the City that the proposed
installation will be compatible with said City systems and will not
cause any interference with the City public safety radio system,
traffic signal light system or other City communications systems
or components. No installation shall be allowed to be installed or
to remain in the right-of-way that causes any such interference.
q. The plans shall demonstrate that all federal and state laws and
City ordinances will be obeyed, and that all sections of this
Chapter, including Part II "Design Manual" will be complied with
as applicable. Construction in right-of-way adjacent to a school
shall be required to follow all state law requirements, including the
requirements in the Educational Code regarding work on school
grounds, including but not limited to Chapters 21 and 22, as
applicable.
(6) All construction and installation in the right-of-way shall be in
accordance with the permit for the facilities. The director or his/her
designee shall be provided access to the work and to such further
information as he or she may reasonably require to ensure compliance
with the permit.
(7) A copy of the construction permit and approved engineering plans shall
be maintained at the construction site and made available for inspection
at all times when construction or installation work is occurring.
(8) All construction or installation work authorized by permit must be
completed in the time specified in the construction permit. If the work
cannot be completed in the specified time periods, the owner may
request an extension from the City Manager. If the request for the
extension is made prior to the expiration of the permit, work may
continue while the request is pending.
Ordinance No. 2017-049 14
(9) A copy of any permit or approval issued by federal, state authorities,
transit authorities or by a railroad for work in federal or state or railroad
right-of-way located in the City of Grapevine shall be provided, if
requested by the department. Such permits or approvals shall include,
but not be limited to permits from Texas Department of Transportation,
Corps of Engineers or Dallas Area Transit Authority.
(10) A request for a permit must be submitted at least five working days
before the proposed commencement of work identified in the request,
unless waived by the City Manager.
(11) Requests for permits will be approved or disapproved by the City
Manager within a reasonable time of receiving all the necessary
information.
(12) The City Manager or the owner can request a preconstruction meeting
with the construction contractor.
(c) Compensation and fees.
(1) Municipal right-of-way use shall be compensated as required by the
state constitution, state law, franchise, license or other agreement.
(2) The City may structure due dates on payments in such a manner so as
to be administratively efficient.
(3) Application fees, as allowed by state law, for work or installations in the
right-of-way shall be the fees set by the City Council. Such fees may
be set by ordinance, resolution, in the budget or by any other lawful
means.
(4) Failure to pay application fees, or failure of any payment to properly
process shall result in the denial or withdraw of a permit.
Sec. 20-58. Construction and Maintenance standards.
(a) The following shall be required when facilities are constructed in the right-of-
way, and to the extent applicable, for as long as the facilities remain in the right-
of-way:
(1) The department must be notified 24 hours in advance that construction
is ready to proceed by the owner, their contractor or representative. At
the time of notification, the owner will inform the department of the
number (or other information) assigned from the appropriate one-call
notification center. "Notification center" means the same as in section
251.101 of the Texas Utilities Code or a successor section.
(2) All construction shall be in conformance with all City codes and
applicable local, state and federal laws.
(3) Three-by-three foot informational signs stating the identity of the person
doing the work, telephone number and owner's identity and telephone
number shall be placed at the location where construction is to occur 48
hours prior to the beginning of work in the right-of-way and shall
Ordinance No. 2017-049 15
continue to be posted at the location during the entire time the work is
occurring. An informational sign will be posted on public right-of-way
100 feet before the construction location commences and each 300 feet
thereafter, unless other posting arrangements are approved or required
by the City Manager.
(4) Erosion control measures (e.g. silt fence) and advance warning signs,
markers, cones and barricades must be in place before work begins.
(5) Lane closures on major thoroughfares will be limited to between 9:00
a.m. and 4:30 p.m. unless the City Manager grants prior approval.
Arrow boards will be required for lane closures on all arterials and
collectors, with all barricades, advanced warning signs and 36-inch
reflector cones placed according to the Texas Manual on Uniform Traffic
Control Devices. A lane closure or traffic control plan must be filed and
approved prior to any lane closures, regardless of whether the work
being done requires a permit or not.
(6) Without affecting the legal relationship between the owner and their
contractor, owners are responsible for the workmanship of, and any
damages by, their contractors or subcontractors. A responsible
representative of the owner will be available to the department at all
times during construction.
(7) Owner shall be responsible for storm water management, erosion
control and excavation safety measures that comply with city, state and
federal guidelines. Requirements shall include, but not be limited to, silt
fencing around any excavation that will be left overnight, silt fencing in
erosion areas until reasonable vegetation is established, barricade
fencing around open holes, and high erosion areas will require wire-
backed silt fencing. Upon request owner may be required to furnish
documentation submitted or received from federal or state government.
(8) Owner or contractor or subcontractor will notify the department
immediately of any damage to other utilities, either City or privately
owned.
(9) It is the City's policy not to cut streets or sidewalks; however, when a
street or sidewalk cut is required, prior approval must be obtained from
the City and all requirements of the department shall be followed.
Repair of all street and sidewalk removals must be made promptly to
avoid safety hazards to vehicle and pedestrian traffic, and shall be in
accordance with City standard specifications and details for restoration
within public rights-of-way
(10) Installation of facilities must not interfere with City utilities, in particular
gravity dependent facilities. Facilities shall not be located over, or within
two feet, horizontally or vertically, of any water or sanitary sewer mains,
unless approved by the City Manager.
(11) New facilities must be installed to a depth approved by the department.
Ordinance No. 2017-049 16
(12) All directional boring shall have a locator place bore marks and depths
while the bore is in progress. Locator shall place mark at each stem
with paint dot and depth at least every other stem.
(13) The working hours in the rights-of-way are 7:00 a.m. to 7:00 p.m.,
Monday through Friday. Work that needs to be performed after 7:00
p.m. Monday through Friday must be approved in advance by the
department. No work will be done, except for emergencies, on City
holidays. Lane closures on collectors and arterials will not be allowed
between 7:00 a.m. and 9:00 a.m., and between 4:30 p.m. and 6:30 p.m.
on weekdays or for more than two hours during any non-peak traffic
period, unless otherwise approved by the City Manager.
(14) Persons working in the right-of-way are responsible for obtaining line
locates from all affected utilities or others with facilities in the right-of-
way prior to any excavation. Use of a geographic information system
or the plans of records does not satisfy this requirement.
(15) Owner will be responsible for verifying the location, both horizontal and
vertical, of all facilities. When required by the department, owner shall
verify locations by potholing, hand digging or other method approved by
the department prior to any excavation or boring.
(16) Placement of all manholes and/or handholes must be approved in
advance by the department. Handholes or manholes will not be located
in sidewalks, unless approved by the City Manager.
(17) Locate flags shall not be removed from a location while facilities are
being constructed.
(18) When construction requires pumping of water or mud, the water or mud
shall be contained in accordance with City of Grapevine ordinances and
federal and state law and the directives of the department.
(19) A person may be required to place certain facilities within the public
rights-of-way underground according to applicable City requirements
absent a compelling demonstration by the person that, in any specific
instance, this requirement is not reasonable, not feasible or it is not
equally applicable to other similar users of the public rights-of-way.
(20) A person shall perform operations, excavations and other construction
in the public rights-of-way in accordance with all applicable City
requirements, including the obligation to use trenchless technology
whenever commercially economical and practical and consistent with
obligations on other similar users of the public right-of-way. The City
shall waive the requirements of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information
provided to the City by the person. All excavations and other
construction in the public rights-of-way shall be conducted so as to
minimize interference with the use of public and private property. A
person shall follow all reasonable construction directions given by the
City in order to minimize any such interference.
Ordinance No. 2017-049 17
(21) All facilities installed in the right-of-way shall be capable of being
identified through a GIS shape file or other means as acceptable to the
City Manager or designee. Said identification shall be provided at the
time of application and shall be visible on the facilities when installed.
(22) Above ground wires shall be located on only one side of the right-of-
way.
(23) The right-of-way user or contractor must obtain any needed permits for
electrical work and provide sealed engineered drawings for conduit size,
circuit size, calculations for Amperage, or any other required
information. Provider shall be responsible for obtaining any required
electrical power service to any installation. Any such electrical supply
must be separately metered and must match City infrastructure voltage
and shall not require the installation of a separate or new pole. Such
meter shall have a ground box.
(24) Right-of-way users shall complete construction as expeditiously as
possible and lane closures or work that inconveniences the traveling
public shall be minimized. Lane closures shall not last longer than four
(4) hours, unless a different period of time is shown on the permit. A
traffic control plan is required for all lane closures, regardless of whether
a permit is required.
(25) Right-of-way work shall be completed in the amount of time shown on
the permit; but if no completion time is shown on the permit the work
shall be complete in not more than six (6) months. If no time is shown
for permit expiration, the permit shall expire not later than six(6) months
from the date it was issued.
(26) All right-of-way work and facilities installed shall be done in a good
workman like manner; shall meet all applicable codes; shall be
maintained and kept in good repair and shall be aesthetically pleasing.
(27) All efforts shall be made to avoid or minimize negative visual impact to
the surrounding area and to enhance the safety requirement for vehicles
and pedestrians, particularly in areas where small children or other
vulnerable members of the population may be located.
(28) Installations which require ancillary ground equipment with a footprint
of twenty-five (25) square feet or more shall be spaced at least 300 feet
apart.
(29) The name, address and phone numbers of the contractor or
subcontractor who will perform the actual construction, including the
name and telephone number of an individual with the contractor who
will be available at all times during construction. Such information shall
be required prior to the commencement of any work.
(30) A statement that the requirements of Subsection 20-8 "Registration" are
met.
(31) A traffic control plan, which shall specify the traffic control measures to
be provided, SWPPP, and trench safety plan may also be required based
on the proposed scope of work. An approved traffic control plan shall be
Ordinance No. 2017-049 18
required any time work will require traffic lane closures or sidewalk
closures, regardless of whether a permit is required.
(32) A traffic control plan approved by the City Manager, which shall specify
the traffic control measures to be provided, SWPPP, and trench safety
plan may also be required based on the proposed scope of work. An
approved traffic control plan shall be required any time work will require
traffic lane closures or sidewalk closures, regardless of whether a permit
is required.
(33) Any proposed work that involves the installation of facilities shall not
cause any interference with City public safety radio system, traffic signal
light system or other City communications systems or components,
regardless of whether or not a permit is required. The right-of-way user
shall provide evidence in a form acceptable to the City that the proposed
installation will be compatible with said City systems and will not cause
any interference with the City public safety radio system, traffic signal
light system or other City communications systems or components. No
installation shall be allowed to be installed or to remain in the right-of-
way that causes any such interference.
(34) All facilities installed in the right-of-way shall be in earth tone colors or in
colors that blend with the surroundings, or if on a Service Pole or
Municipally Owned Pole shall match the color and finish of the pole, or
must be approved by the City.
(b)To the extent applicable, the above requirements shall continue during the
entire time that the installed facilities remain in the Right-of-Way.
Sec. 20-59. As-built plans.
(a) Right-of-way users will provide the City Manager with as-built plans within 90
days of completion of facilities in the right-of-way. The plans shall be provided
to the City with as much detail and accuracy as required by the director. All
the requirements specified for the plans submitted for the initial permit, as set
forth in Section 20-57 shall be submitted and updated in the as-built plans. The
detail and accuracy will concern issues such as location, size of facilities,
materials used, and any other health, safety and welfare concerns. The detail
will not include matters such as capacity of lines, customers, or competitively
sensitive details. Submittal of"as-built plans" shall be in digital format but shall
include one set of plans in a paper format.
(b)This requirement, or portions of this requirement, may be waived by the director
of public works for good cause.
Ordinance No. 2017-049 19
Sec. 20-60. Conformance with public improvements.
(a) Whenever by reasons of widening or straightening of streets, water or sewer
line projects, traffic signal construction or reconstruction, or any other
municipal or public works projects, (including, but not limited to, install or
improve storm drains, water lines, sewer lines, etc.) it shall be deemed
necessary by the governing body of the City to remove, alter, change, adapt,
or conform the underground or overhead facilities of an owner to another part
of the right-of-way, such alterations shall be made by the owner of the facilities
at their expense within the time limits set by the City Manager working in
conjunction with the owner of the facilities, or if no time frame can be agreed
upon, within ninety (90) days from the day the notice was sent to make the
alterations, unless a different schedule has been approved by the City
Manager. Facilities not moved after ninety (90) days or within the approved
schedule, as same may be extended from time to time, shall be deemed
abandoned after thirty (30) days notice, and any costs incurred in moving or
removing said facilities shall be borne by the owner.
(b)An owner may trim trees in or over the public rights-of-way for the safe and
reliable operation, use and maintenance of its facilities. All tree trimming shall
be performed in accordance with standards promulgated by the National
Arborist Association and the International Society of Arborculture. Should the
owner, its contractor or agent, fail to remove such trimmings within 24 hours,
the City may remove the trimmings or have them removed, and upon receipt
of a bill from the City, the owner shall promptly reimburse the City for all costs
incurred within thirty (30) calendar days.
(c) An owner shall temporarily remove, raise or lower its aerial facilities to permit
the moving of houses or other bulky structures. The owner shall temporarily
remove, raise or lower its aerial facilities within five working days of receiving
a copy of a permit issued by the City. The expense of these temporary
rearrangements shall be paid by the party or parties requesting and benefiting
from the temporary rearrangements. The owner may require prepayment or
prior posting of a bond from the party requesting the temporary move.
Sec. 20-61. Improperly installed facilities.
(a)Any owner doing work in the City right-of-way shall properly install, repair,
upgrade and maintain facilities.
(b) Facilities shall be considered to be improperly installed, repaired, upgraded or
maintained if:
(1) The installation, repair, upgrade or maintenance endangers people or
property;
Ordinance No. 2017-049 20
(2) The facilities do not meet the applicable City codes;
(3) The facilities are not capable of being located using standard practices;
(4) The facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the
department or the plans approved by the department.
(5) Facilities or construction in regard to placement of said facilities that
remains incomplete or hazardous after construction work is finished or
time for completion has passed, including but not limited to holes in
paved areas or ground, handholes or manholes that are improperly
sealed, and broken equipment or any other incomplete or hazardous
condition.
(6) The facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the City
Manager.
(c) Facilities will be considered improperly installed if said facilities utilize radio
frequencies which cause any interference with City public safety radio system,
traffic signal light system or other communications components or if said
facilities interfere with city systems I any manner.
Sec. 20-62. Restoration of property.
(a) Owners shall restore property affected by construction of facilities to a
condition that is equal to or better than the condition of the property prior to the
performance of the work. Restoration must be approved by the department.
(b) Restoration must be made within five working days of completion of trench
backfill for a length of 300 feet, or within the limits of one city block, unless
otherwise approved by the City Manager. If restoration is not satisfactory and
performed in a timely manner, after written notice, then all work in progress,
except that related to the problem, including all work previously permitted but
not complete may be halted and a hold may be placed on any future permits
until all restoration is complete.
(c) Upon failure of an owner to perform such restoration, and five days after written
notice has been given to the owner by the City, and in the event restoration
has not been initiated during such five-day period, the City may repair such
portion of the public rights-of-way as may have been disturbed by the owner,
its contractors or agents. Upon receipt of an invoice from the City, the owner
will reimburse the City for the costs so incurred within thirty (30) calendar days
from the date of the City invoice.
(d) If the City determines that the failure of an owner to properly repair or restore
the public rights-of-way constitutes a safety hazard to the public, the City may
Ordinance No. 2017-049 21
undertake emergency repairs and restoration efforts, after emergency notice
has been provided, to the extent reasonable under the circumstances. An
owner shall promptly reimburse the City for all costs incurred by the city within
30 calendar days from the date of the City invoice.
(e) Should the City reasonably determine, within two years from the date of the
completion of the repair work, that the surface, base, irrigation system or
landscape treatment requires additional restoration work to meet existing
standards of the City, an owner shall perform such additional restoration work
to the satisfaction of the City, subject to all city remedies as provided herein.
(f) Restoration must be to the reasonable satisfaction of the department. The
restoration shall include, but not be limited to:
(1) Replacing all ground cover with the type of ground cover damaged
during work to a condition equal to or better either by sodding or
seeding, or as directed by the department;
(2) Installation of all manholes and handholes, as required;
(3) Backfilling all bore pits, potholes, trenches or any other holes shall be
completed daily, unless other safety requirements are approved by the
department. Holes with only vertical walls shall be covered and secured
to prevent entry by children. If bore pits, trenches or other holes are left
open for the continuation of work, they shall be fenced and barricaded
as approved by the department;
(4) Leveling of all trenches and backhoe lines;
(5) Restoration of excavation site to City specifications;
(6) Restoration of all landscaping, ground cover, and sprinkler systems.
(g) All locate flags shall be removed during the clean-up progress by the owner or
his/her contractor at the completion of the work.
Sec. 20-63. Revocation or denial of permit.
If any of the provisions of this article are not followed, a permit may be revoked by the
City Manager or designee. If a person has not followed the terms and conditions of this
article in work done pursuant to a prior permit, new permits may be denied or additional
terms required.
If a permit is denied upon initial submission for incompleteness or for an issue which is
capable of correction, the applicant may complete or correct the application and
resubmit the application. Applications not resubmitted within thirty-one (31) calendar
days shall be considered withdrawn.
Ordinance No. 2017-049 22
Sec. 20-64. Appeal from denial or revocation of permit.
Appeal from denial or revocation of permit or from the decision of the City Manager shall
be to the city council. Appeal shall be filed with the City Secretary within five days from
the date of the decision being appealed.
A denial or revocation will be upheld unless a person can show that there is an error
and that the person was following all of the requirements of this Article and all right-of-
way engineering requirements.
Sec. 20-65. Indemnity.
(a) Except as to certificated telecommunications providers, each owner placing
facilities in the public rights-of-way shall agree to promptly defend, indemnify
and hold the City harmless from and against all damages, costs, losses or
expenses; (1) for the repair, replacement, or restoration of City's property,
equipment, materials, structures and facilities which are damaged, destroyed
or found to be defective as a result of the owner's acts or omissions; (2) from
and against any and all claims, demands, suits, causes of action, and
judgements for: (a) damage to or loss of the property of any owner (including,
but not limited to the owner, its agents, officers, employees and subcontractors,
and the City's agents, officers, employees, and third parties); and/or: (b)death,
bodily injury, illness, disease, loss of services, or loss of income or wages to
any owner (including, but not limited to the agents) arising out of, incident to,
concerning or resulting from the negligent or willful act or omissions of the
owner, its agents, employees, and/or subcontractors, in the performance of
activities pursuant to this article.
(b)This indemnity provision shall not apply to any liability resulting from the
negligence of the City, its officers, employees, agents, contractors, or
subcontractors.
(c) The provisions of this indemnity are solely for the benefit of the city and not
intended to create or grant any rights, contractual or otherwise, to any other
owner or entity.
Sec. 20-66. Insurance requirements.
(a) Insurance required.
(1) All right of way users, including those who own facilities, shall obtain
and maintain insurance in the amounts reasonably prescribed by the
City with an insurance company licensed to do business in the State of
Texas reasonably acceptable to the City. Right-of-Way users shall
maintain the amounts required of applicants at all times. Prior to
construction, an applicant must provide, and users must maintain,
Ordinance No. 2017-049 23
acceptable proof of liability insurance in the total amount of six million
dollars ($6,000,000); one million dollars ($1,000,000) primary plus five
million dollars ($5,000,000) umbrella or other provisions as acceptable
to the City Manager. The City reserves the right to review the insurance
requirements and to reasonably adjust insurance coverage and limits
when the City Manager determines that changes in statutory law, court
decisions, or the claims history of the industry or the person require
adjustment of the coverage.
(2) The coverage must be on an "occurrence" basis and must include
coverage for personal injury, contractual liability, premises liability,
medical damages, underground, explosion and collapse hazards and
Worker's Compensation as required by law.
(3) Each policy must include a cancellation provision in which the insurance
company is required to notify the City in writing not fewer than thirty(30)
days before canceling, failing to renew, or reducing policy limits.
(4) For purposes of this section, the City will accept certificates of self-
insurance issued by the State of Texas or letters written by the person
in those instances where the state does not issue such letters, which
provide the same coverage as required herein. However, for the City to
accept such letters, the person must demonstrate by written information
that it has adequate financial resources to be a self-insured entity as
reasonably determined by the city, based on financial information
requested by and furnished to the city.
(b) All right-of-way users shall furnish, at no cost to the City, copies of certificates
of insurance evidencing the coverage required by this section to the City,
unless the City requires another form of legally binding proof of insurance. If
the City requests a deletion, revision or modification, a person shall exercise
reasonable efforts to pay for and to accomplish the change.
(c) An insurance certificate shall contain the following required provisions:
(1) Name the City and its officers, employees, board members, and elected
representatives as additional insureds for all applicable coverage;
(2) Provide for thirty (30) days' notice to the City for cancellation,
nonrenewal, or material change; and
(3) Provide that notice of claims shall be provided to the City Manager by
certified mail.
(d)All persons utilizing the right-of-way shall file and maintain proof of insurance
with the City Manager. An insurance certificate obtained in compliance with
this section is subject to City approval. The City may require the certificate to
be changed to reflect changing liability limits. A person shall immediately
advise the City Attorney of actual or potential litigation that may develop which
may affect an existing carrier's obligation to defend and indemnify.
Ordinance No. 2017-049 24
(e)An insurer has no right of recovery against the City. The required insurance
policies shall protect the person and the City. The insurance shall be primary
coverage for losses covered by the policies.
(f) The policy clause "other insurance" shall not apply to the City if the City is an
insured under the policy.
(g) Right-of-Way Users shall pay premiums and assessments. A company which
issues an insurance policy has no recourse against the City for payment of a
premium or assessment. Insurance policies obtained by a person must provide
that the issuing company waives all right of recovery by way of subrogation
against the City in connection with damage covered by the policy.
(h) Insurance - Contractor.
(1) Except as otherwise specified, and contractor and subcontractors (of
any tier) will be required at their own expense to maintain in effect at all
times during the performance of the work, insurance coverages with
limits not less than those set forth below with insurers and under forms
of policies satisfactory to the City of Grapevine. It shall be the
responsibility of the contractor to insure that he and his subcontractors
are adequately insured at all times. Failure of the contractor and his
subcontractors to maintain adequate coverage shall not relieve it of any
contractual responsibility or obligation.
(2) Certificates of insurance. Prior to commencing work at the job site, the
contractor shall furnish the City of Grapevine with certificates of
insurance as evidence that both the contractor and subcontractor have
the policies providing the required coverages and limits of insurance are
in full force and effect. The certificates of insurance shall state the City
as an additional insured where applicable. The certificates shall provide
that any company issuing an insurance policy under this contract shall
provide not less than thirty (30) days advance notice in writing of
cancellation, non-renewal, or material change in the policy of insurance.
In addition, the contractor shall immediately provide written notice to the
City of Grapevine upon receipt of notice of cancellation of an insurance
policy or a decision to terminate or alter any insurance policy. All
certificates of insurance shall clearly state that all applicable
requirements have been satisfied including certification that the policies
are of the "occurrence" type. Certificates of insurance for contractors
and subcontractor furnished insurance and notices of any cancellations,
terminations, or alterations of such policies shall be mailed to Risk
Management, City of Grapevine, P.O. Box 95104, Grapevine, Texas
76099.
(3) Comprehensive general liability. This insurance shall be an occurrence
type policy written in comprehensive form and shall protect the
contractor and his subcontractors and the additional insureds against all
claims arising from bodily injury, sickness, disease or death of any
Ordinance No. 2017-049 25
person other than the contractor's employees or damage to property of
the City of Grapevine or others arising out of the act of omission of the
contractor or his subcontractors or their agents or employees or
subcontractors. This policy shall also include protection against claims
insured by usual personal injury liability coverage, a (protective liability)
endorsement to insure the contractual liability assumed by the
contractor and his subcontractors under the section entitled
indemnification and completed operations, products liability, contractual
liability, broad form property coverage, premises/operations, and
independent contractors. Said amounts shall be not less than six million
dollars ($6,000,000) which shall include one million primary per
occurrence for bodily injury and two million primary for property damage
with five million umbrella.
(4) Comprehensive automobile liability. This insurance shall be written in
the comprehensive form and shall protect the contractor and his
subcontractors and the additional insured against all claims for injuries
to members of the public and damage to property of others arising from
the use of motor vehicles, and shall cover operation on and off the site
of all motor vehicles licensed for highway use, whether they are owned,
non-owned, or hired. The liability shall not be less than the state required
amounts one million dollars, whichever is greater:
(5) Workers' compensation and employers' liability. This insurance shall
protect the contractor and his subcontractors and the additional insurers
against all claims under applicable state workers' compensation laws.
The insured shall also be protected against claims for injury, disease, or
death of employees which, for any reason, may not fall within the
provision of a workers' compensation law. This policy shall include an
all-states endorsement. The liability limits shall not be less than the
statutory limits, and shall include employers' liability of at least$500,000
for each accident or the statutory limits, whichever is greater and
disease policy limit of $500,000 for each disease for each employee or
the statutory limits, whichever is greater.
All state laws concerning reporting shall be followed, including, but not limited to Rule
28 TAC 110.110, relating to reporting requirements for building or construction projects
for governmental entities.
Sec. 20-67. Restoration of property.
(a) Users of the right-of-way shall restore property affected by construction of
facilities to a condition that is equal to or better than the condition of the
property prior to the performance of the work. Restoration must be approved
by the City Manager.
(b) Restoration must be to the reasonable satisfaction of the City Manager and the
property owner. The restoration shall include, but not be limited to:
Ordinance No. 2017-049 26
(1) Replacing all ground cover with the type of ground cover damaged
during work or better either by sodding or seeding, as directed by the
City Manager;
(2) Installation of all manholes and handholes, as required;
(3) Backfilling all bore pits, potholes, trenches or any other holes shall be
filled in daily, unless other safety requirements are approved by the City
Manager;
(4) Leveling of all trenches and backhoe lines;
(5) Restoration of excavation site to City specifications; and
(6) Restoration of all landscaping, ground cover, and sprinkler systems.
(c) All locate flags shall be removed during the clean-up progress by the permittee
or contractor at the completion of the work.
(d) Restoration must be made in a timely manner as specified by approved City
schedules and to the satisfaction of City Manager or designee. If restoration
is not satisfactory and performed in a timely manner all work in progress,
except that related to the problem, including all work previously permitted but
not complete may be halted and a hold may be placed on any permits not
approved until all restoration is complete.
(e) If a person fails to restore property as set out in this section, the City shall give
five (5) days written notice to the person at the address shown on the permit.
If the person does not initiate repairs during the five day period, or fails to
complete the repairs within thirty (30) days thereafter the City may elect to
repair such portion of the right-of-way as may have been disturbed by the
person, its contractors, or agents at the cost of the person performing the right-
of-way work. These time periods may be shorten or waived in cases of a threat
to public health, safety or welfare. Upon receipt of an invoice from the City,
the person will reimburse the City for the costs so incurred no later than thirty
(30) calendar days from the date of the City invoice.
(f) Should the City reasonably determine, within three (3) years from the date of
the completion of the repair work, that any of the said restoration work failed to
meet the existing standards of the City, the person shall perform such
additional restoration work to the satisfaction of the City, subject to all City
remedies.
(g) Notwithstanding any of the above sections, if the City determines that the
failure of the person to properly repair or restore the right-of-way constitutes a
threat to the public health, safety or welfare,the City may undertake emergency
repairs and restoration efforts. The City may attempt to provide emergency
notice to the person responsible, but is not obligated to do so. The right-of-
Ordinance No. 2017-049 27
way user shall promptly reimburse the City for all costs incurred by the City
within thirty (30) calendar days from the date of the City invoice.
Sec. 20-68. Inspections.
The City may perform inspections of any right-of-way work, including installations,
maintenance, modifications or any other right-of-way work, whether such work is
subject to permit requirements or allowed to be done without a permit. The City may
perform visual inspections of any right-of-way work located in the right-of-way as the
City deems appropriate without notice. If the inspection requires physical contact
with right-of-way work, the City may provide the right-of-way user with notice prior to
said inspection. Right-of-way user 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 right-of-way user prior to the inspection. The City may take any needed
action to remediate an emergency. The City shall notify the right-of-way user as
soon as practical after said remediation.
Sec. 20-69. Abandoned Facilities.
(a) Duty to remove. A person that has placed facilities in the right-of-way shall remove
said facilities and related equipment when such facilities are abandoned
regardless of whether or not it receives notice from the City.
(b) Time for removal.
(1) The City may notify the person that said facilities must be removed
immediately when necessary to ensure public health, safety, and welfare.
(2) If immediate removal is not required, the removal must be completed within
the time set forth in the written Notice to Remove from the City and if no
time is set out, then within ninety (90) days for the facilities and related
equipment being abandoned.
(3) If the facilities are not removed after the ninety (90) day notice to remove,
the City may remove the facilities thirty (30) days after notice of a final
finding of abandonment.
(4) When a person removes, or abandons permanent structures in the right-of-
way, the person 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 facility and ground equipment removed or abandoned.
(5) The City Manager may require the person to complete additional remedial
measures necessary for public safety and the integrity of the right-of-way.
(c) Deemed abandoned.
Facilities may be deemed abandoned as set out in this Chapter. Additionally,
facilities may be deemed abandoned if:
(1) A person does not relocate facilities as set out in 20-12 "Conformance with
Public Improvements".
(2) A person does not correct or abate improperly installed facilities as set out
in Section 20-13 "Improperly Installed Facilities".
Ordinance No. 2017-049 28
(3) A person fails to maintain the registration requirements set forth in Section
20-8 "Registration".
(4) A person utilizing the right-of-way cannot be found or contacted.
(5) A person utilizing the right-of-way fails to pay the required compensation.
(6) A person utilizing the right-of-way fails to comply with the requirements of
this Chapter after being given due notice of any deficiencies. The notice
requirement shall only apply to persons who have maintained the required
Registration as set out in Section 20-57 "Registration and Construction
Permits" and are capable of being contacted.
Sec. 20-70. Underground installation preferred.
(a) The underground placement of Facilities is encouraged.
(b) Facilities shall be installed underground where existing utilities are already
underground.
(c) Underground conduits and ducts shall be installed in the public rights-of-way
between the adjacent property line and curb line unless otherwise directed by the
City.
(d) Conduits and ducts shall be installed parallel with the curb line and cross the public
rights-of-way perpendicular to the public rights-of-way centerline unless otherwise
directed by the City.
(e) Ducts and conduits shall be installed by trenchless excavation or directional boring
whenever commercially economical and practical. Trenchless excavation shall be
used to place facilities under paved public rights-of-way centerline unless
otherwise directed by the City.
Sec. 20-71. As Built Maps and Records.
User shall maintain accurate maps and other appropriate records of its facilities and
equipment as they are actually constructed in the rights-of-way, including, upon request,
the use of Auto CAD/GIS digital format. User will provide additional maps to the City upon
request.
Sec. 20-72. Courtesy and Proper Performance.
User shall make citizen satisfaction a priority in using the right-of-way. User shall train its
employees to be customer service-oriented and to positively and politely interact with
citizens when dealing with issues pertaining to its facilities and related ground equipment
in the right-of-way. User'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 Manager or designee, User is not interacting in a positive and
polite manner with citizens, the City Manager may request User to take all remedial steps
to conform to these standards.
Ordinance No. 2017-049 29
Sec. 20-73. Drug Policy.
It is the policy of the City to achieve a drug-free workforce and workplace. The
manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol
by User's employees, contractors, subcontractors, sub-Network Provider's, or vendors
while on City Premises is prohibited.
Sec. 20-74. Tree Maintenance.
User, its contractors, and agents shall provide written notice to the City Manager before
trimming trees hanging in the right-of-way.
Sec. 20-75. Signage.
User shall post and maintain legible identification its name, location identifying
information, and emergency telephone number in an area on a cabinet of a 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.
Except as required by Laws or by the Utility Pole owner, User shall not post any other
signage or advertising on the facilities or equipment.
Sec. 20-76. Graffiti Abatement.
As soon as practical, but not later than fourteen (14) calendar days from the date User
receives notice thereof, User shall remove all graffiti on any of its facilities and related
ground equipment located in the Right of Way and shall restore to the previous condition
or better. The foregoing shall not relieve the User from complying with any City graffiti or
visual blight ordinance or regulation.
Section 20-77. Alternate means or method; waiver.
(a) A person may file a request with the City Manager to use alternate means or
methods in right-of-way construction or maintenance. In determining whether any
requirement under this section may be waived or if an alternate method or means
may be used, the City Manager may consider all reasonable factors, including but
not limited to:
(1) whether the requirement or the alternate means or method or waiving the
requirement would subject the person or persons or public to an
unreasonable increase in risk;
(2) whether the requirement or the alternate means or method or waiving the
requirement would subject the person or persons or public to an
unreasonable increase of service interruption;
(3) whether the requirement or the alternate means or method or waiving the
requirement would subject the person or persons or public to an
unreasonable increase in potential for liability for accidents;
Ordinance No. 2017-049 30
(4) whether the requirement or the alternate means or method or waiving the
requirement would subject the person or persons or public to an
unreasonable delay in construction;
(5) whether the requirement or the alternate means or method or waiving the
requirement would subject the person or persons or public to an
unreasonable delay in availability of services; or
(6) to any other unreasonable technical or economic burden.
(b) There shall be no right to receive permission to use an alternative means or
method and denial by the City Manager shall be final.
Sec. 20-78. Orderly use of the Right-of-Way by Multiple Users.
(a) In the exercise of governmental functions, the City has first priority over all other
uses of the rights-of-way. Traffic uses shall be considered as the primary use and
the City reserves the right to lay sewer, water, gas and other pipe lines or cables
and or cables and conduits, and to do underground and overhead work, including
attachments, restructuring or changes in aerial or underground facilities in, across,
along, over, or under a public street, alley or right-of-way and to change the curb,
sidewalks of the grade of streets. Uses should be designed so as to cause the
least interference with traffic, including signalization.
(b) The City shall assign the location in or over the rights-of-way among competing
users of the rights-of-way with due consideration to the public health, safety and
welfare considerations of each user type, and to the extent the City can
demonstrate that there is limited space available for additional users, may limit new
users or require removal of abandoned or obsolete facilities, as allowed under
state or federal law.
(c) If the City authorizes abutting landowners to occupy space under the surface of
any street, alley or rights-of-way, the grant to an abutting landowner shall be
subject to the rights of the previously authorized users of the public rights-of-way.
If the City closes or abandons a public right-of-way that contains a portion of a
person's facilities, the City may close or abandon such right-of-way subject to the
right of the person, provided said facilities have not been abandoned and provided
the person is a registered user of the right-of-way.
Sec. 20-79 through 20-100. - Reserved.
PART III. — DESIGN MANUAL
Sec. 20-101. Purpose.
This Design Manual is for maintenance of, siting and criteria for the installation of Wireless
Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and
Ordinance No. 2017-049 31
related ground equipment and applies to any and all maintenance, siting, installations,
collocations, or other placement of, in, over or under the Public Rights-of-Way of Network
Nodes, Node Support Poles, Micro Network Nodes, Distributed Antenna System(s),
microwave communications or other Wireless Facilities, by whatever nomenclature,
whether they are installed pursuant to Chapter 284 of the Local Government Code or
installed pursuant to an Agreement to use the Right-of-Way or Authorization or installed
as may otherwise be allowed by state law.
The City enacts these design requirements and guidelines in order to meet its fiduciary
duty to its citizens, and to give assistance and guidance to Network Providers in the safe,
aesthetically pleasing, efficient, and timely installation of facilities.
Sec. 20-102. Prohibited or Restricted Areas for Wireless Facilities in the Right-of-
Way.
(a) Prohibited: Municipal Parks and Residential Areas.
A Network Provider may not install a new Node Support Pole in the following
locations:
(1) in a Municipal Park; or
(2) in right-of-way that is adjacent to a street that is:
(a) not more than fifty (50) feet wide at average width, measuring vehicular
traveled portion only as set out in the definition of "Street" and the
measurement does not include intersections and refers only to the main
traveled portion measured at mid-block or mid-point between intersections;
and
(b) adjacent to developed or undeveloped single-family residential lots,
other multifamily residential area or land that is designated for residential
use by zoning or deed restrictions.
(3) Construction in right-of-way adjacent to a school is prohibited, unless all
contractors, sub-contractors, or other workers follow all statutory requirements
in the Educational Code regarding work on school grounds, including but not
limited to chapters 21 and 22.
(b) Prohibited: Undergrounding District.
(1) Above ground structures shall not be installed in an Underground District or
Underground Requirement Area, except as provided herein.
(2) 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
the appropriate zoning, land use approval or other required approval.
(3) In addition to areas designated in this ordinance, future areas may be
designated from time to time by the City as Underground Required Areas by
any means, including but not limited to means such as ordinances, resolutions,
or filed plats. If an area is converted from an area that allows overhead lines
Ordinance No. 2017-049 32
to one that prohibits overhead lines, all subsequent installations shall meet the
requirements for an Underground District.
(4) If a location is designated by the City to be Underground Required 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 automatically revoked, with removal of said the Micro Network
Node, Network Node, Node Support Pole, and related ground equipment at
such location within 90 days of such designation, or as otherwise allowed for
the transition of other overhead facilities.
(c) Restricted: Historic District and Design Districts.
(1) A Network Provider must obtain advance written approval from the City before
collocating Network Nodes or installing Node Support Poles in a Design District
with Decorative Poles or in an area of the City zoned or otherwise designated
as a Design District or Historic District.
(2) Concealment Required
(a) As a condition for approval of Network Nodes or Node Support Poles in
Design Districts with Decorative Poles or in a Historic District, Concealment
measures are required for Network Nodes or Node Support Poles or
related ground equipment or any portion of the Nodes, poles, or equipment.
(b) Said Concealment measures shall minimize the impact to the aesthetics in
a Historic District or Design District.
(3) Network Provider shall comply with and observe all applicable City, State, and
federal laws and requirements, including historic preservation laws and
requirements.
(d) Historic Landmarks.
Network Provider is discouraged from installing a Network Node or Node Support
Pole within 300 feet of a historic site or structure or Historic Landmark recognized
by the City, State or Federal government (see, for example, and not limited to
§442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date
of the submission of the permit.
(e) Collocation will not be allowed on decorative poles in any district.
(f) Designated Areas.
(1) The Council may designate an area as a Historic District, Design District or
Underground District at any time.
(2) Underground District.
Any area that meets the definition of Underground District or Underground
Requirement Area shall be considered an Underground District or
Underground Requirement Area.. An area does not need to be designated by
this Ordinance to be considered to be within an Underground District. Such
designation does not require a zoning case. Any area declared to be an
Underground District by City Council or any area that meets the definition of
Ordinance No. 2017-049 33
Underground District or Underground Requirement Area shall be subject to all
requirements and protections for an Underground District.
(3) Historic District.
(a) Historic District Number 1 is Main Street Commercial Historic district and
is bounded by Northwest Highway, Jenkins Street, Barton Street, and
Franklin Street.
(b) Historic District Number 2 is College Street Residential Historic District
and includes properties along north and south of College Street between
Ball Street and Dooley Street.
(c) Historic District Number 3 is D. E. Box Addition Historic District and
includes homes along the south side of Wall Street from 728 East Wall
Street to 922 East Wall Street; homes along the north and south sides of
the 800 and 900 blocks of East Texas Street, homes along the north and
south sides of the 800 and 900 block of East Worth Street, homes along
the west side of the 200 and 300 blocks of Ruth Street.
(d) Historic Districts are not limited to those designated above and the City
Council may designate an area as a Historic District at any time. An area
does not need to be designated by this Ordinance to be considered to be
within a Historic District. Such designation does not require a zoning
case. Any area declared to be a Historic District by City Council or any
area that meets the definition of Historic District shall be subject to all
requirements and protections for a Historic District.
(4) Design District
The City Council may designate an area as a Design District at any time. An
area does not need to be designated in this Ordinance to be considered to be
within a Design District. Such a designation does not require a zoning case.
Any area designated by City Council as a Design District or any area that
meets the definition of a Design District shall be subject to all requirements
and protections for a Design District.
(g) Defense.
It shall be a defense to the above requirements prohibiting or restricting location of
facilities in a Park, Residential area, Historic District, Design District or
Underground District that the Network Provider obtained advance written approval
or waiver of restrictions from the City before collocating new Network Nodes or
installing new Node Support Poles or ground equipment in a prohibited or
restricted location. In any prosecution herein for such prohibition or violation of
any restrictions, it shall be an affirmative defense to have an Agreement with the
City that approved such location or waived the applicable restriction.
If an Agreement is granted to locate in a prohibited location, the Network Provider
shall be required, as a condition for approval of new Network Nodes or new Node
Support Poles in a prohibited location, to install reasonable design or concealment
measures for the new Network Nodes or new Node Support Poles. Therefore, any
request for installations in a prohibited location, must be accompanied with
concealment measures in the permit applications.
Ordinance No. 2017-049 34
The City requests that a Network Provider explore the feasibility of using certain
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 all locations of the City.
(h) Private Deed Restrictions and Property Owners Association Rules
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.
(i) Ground Equipment
(1) Ground Equipment shall be minimal and the least intrusive at all sites.
(2) In order to maximize line of sight at street corners and intersections and
minimize hazards at those locations, ground equipment may not be installed
within 250 feet of a street corner or street intersection.
(3) Ground equipment may not be installed at street corners or intersections
within a visibility triangle.
(4) Ground equipment shall not be installed near a driveway.
(j) Each permit application shall designate if the requested area for installation is
within one a Residential area, a Municipal Park, an Underground District or
Underground Requirement Area or a Historic District or a Design District.
Sec. 20-103. Preferred Location.
(a) The following locations, in the order listed, are the preferred locations for
installation of poles or wireless facilities:
(1) Industrial areas.
(2) Areas designated by the City as a Highway Rights-of-Way Area, provided
that such areas are not adjacent to a Municipal Park, Residential Area,
Historic District, Design District or any prohibited area set out above.
(3) Retail and Commercial areas, provided such areas are not in a prohibited
location, such as an Underground District, Design District or Historic District.
(b) In the absence of state law or an Agreement or Municipal Authorization providing
otherwise, Network Nodes shall be restricted to Preferred Locations set out in this
section.
Sec. 20-104. Order of Preference regarding attachment to existing facilities.
(a) The following shall be the order of preference for the attachment of Network Nodes
to existing facilities, beginning with most preferred location and ending with least
preferred location. In addition to the preference set out by the City, existing
facilities may be owned by third parties and may not be available for attachment of
facilities or may require authorization from other parties.
Ordinance No. 2017-049 35
(b) Order of preference from most preferable to least preferable.
(1) Most preferable—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) Preferable— Existing Utility Poles (electric poles or telephones poles), shall be
the preferred support facility for Network Nodes and related ground
equipment.
(3) Least preferable — Municipal Service Poles, which shall require an agreement
with the City. Municipal Service Poles includes (in order of preference):
(a) Non-decorative street lights.
(b) Traffic signal structures — Network Nodes may only be attached to traffic
signal structures when such installation will not interfere with the integrity
of the facility and will not interfere with the safety of the public. Any
installation of Network Node facilities on any traffic signal structures shall:
(i) Be encased in a separate conduit than the traffic light electronics;
(ii) Have a separate electric power connection than the traffic signal
structure;
(iii)Shall not puncture or drill into the structure; and
(iv)Have a separate access point than the traffic signal structure.
(c) Other municipal service pole use is discouraged.
(4) New Node Support Poles shall also be least preferred. Collocation shall
generally be preferred over new poles. New poles shall not be installed in
prohibited areas and shall only be allowed in restricted areas to the extent all
requirements are followed or a waiver is granted. Any new poles shall be
camouflaged to the extent allowed by law as set out in this Chapter.
(c) Ground equipment should be minimal and the least intrusive.
(d) In the absence of state law or an Agreement or Municipal Authorization providing
otherwise, Network Nodes, if allowed, shall be restricted to Most Preferable
Locations set out in this section and shall be prohibited in the Least Preferable.
Sec. 20-105. Placement Requirements.
(a) 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 municipality's publicly disclosed public right-of-way
management ordinance or this Design Manual.
Ordinance No. 2017-049 36
(5) violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section
12101 et seq.).
(b) Network Node facilities shall be installed in accordance with section 20-57 and all
other applicable requirements of this Article and this Chapter.
(c) Right-of-Way.
(1) Network Nodes installation shall follow all applicable requirements of this
chapter, including Section 20-57.
(2) Network Node facilities, Node Support Poles and related ground equipment
shall be placed, as much as possible, within two (2) feet of the outer edge of
the right-of-way line.
(3) Node Support Poles and related ground equipment shall not impede
pedestrian or vehicular traffic in the right-of-way.
(4) No protrusion from the outer circumference of the existing structure or pole
shall be more than two (2) feet.
(d) Parks.
For the safety of park patrons, particularly small children, and to allow full line of
sights near 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. The Network Provider may request a waiver of the requirement that such
equipment not be within 250 feet of a park from the Board of Adjustment.
(e) There shall be no more than one (1) Network Node on any one Pole.
Sec. 20-106. Camouflage Required When Possible.
(a) Camouflage is required by the City when Wireless facilities are allowed, as set
forth above, in Design Districts with Decorative Poles or in Historic Districts.
(b) It is the City's preference that all new node support poles be camouflaged, except
those located in an area zoned or predominantly industrial or in a designated
Highway District area.
(c) Companies shall submit their proposal for camouflage with the permit application.
Sec. 20-107. General Requirements.
(a) Confirmation of non-interference with City Safety Communication Networks.
(1) The Network Provider shall provide analysis that the proposed network node
shall not cause any interference with City public safety radio system, traffic
signal light system, or other City safety communications components.
(2) It shall be the ongoing responsibility of the Network Provider to evaluate, prior
to making application for permit and while Network Nodes remain in the Right-
of-Way, 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 and any Network Node that causes
Ordinance No. 2017-049 37
destructive interference post-installation shall correct such interference or be
removed and shall follow all federal regulations regarding interference.
(3) Network Nodes shall not be allowed on City's public safety radio infrastructure.
(b) Size Limits.
(1) Network Providers shall provide detailed drawings, with calculations to show
strict conformity to the size limitations as set forth in this Chapter.
(2) To the extent authorization is provided by franchise or license, the franchise
or license controls.
(3) To the extent authorization is provided by state law which sets out size limits,
the size limits in the state law control.
(4) If authorization is provided through a state law with no size limits, or other
authorization with no size limits, the size limits of this section shall control.
(5) Unless otherwise provided by state law or Municipal Authorization, License,
Franchise or Agreement, the following maximum size limits are applicable
(required):
(i) Micro Network Node dimensions — Maximum Length: Twenty-four (24)
inches; Maximum Width: Fifteen (15) inches; Maximum Height: Twelve
(12) inches.
(ii) When not otherwise set out in this ordinance or in a Municipal
Authorization, the size limits shall not be greater than size limits set forth
for structures or equipment in Chapter 284 of the Local Government
Code (SB 1004, 85th Regular Session), where applicable. These size
limits shall apply when there are no other size limits specified.
(iii) Size limits may be reduced when necessary for public health, safety or
welfare.
(c) Size limits provided by state law are only applicable for so long as required by state
law. If said state law is found to be repealed, struck down, pre-empted or invalid,
in whole or in part, the standards required by the City, either in the Municipal
Authorization or an amendment to the Municipal Authorization or the directives of
the City or this Chapter, shall be required and such standards shall be subject to
individualized review.
(d) Concealment.
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.
(e) New Node Support Pole Spacing.
New node support poles shall be at a minimum 300 feet from a utility pole or
another Node Support Pole to minimize the hazard of poles adjacent to road ways
and to minimize effect on property values and aesthetics on the area.
Ordinance No. 2017-049 38
(f) Minimize Ground Equipment Concentration.
In order to minimize negative visual impact to the surrounding area, 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 already
occupies a footprint of twenty-five (25) sq. ft. or more.
(g) Allowed Colors.
Colors shall meet the requirements set out in Section 20-58
(h) If any Network Node facilities, Node Support Poles or ground equipment is
installed in a location that is not in accordance with the plans approved by the City
Manager and impedes pedestrian or vehicular traffic or does not comply or
otherwise renders the Right-of-Way non-compliant with applicable Laws, including
the American Disabilities Act, then Network Provider shall remove the Network
Node facilities, Node Support Poles or ground equipment.
(i) Ground Equipment.
(1) Ground equipment should be minimal and the least intrusive. To minimize
any obstruction, impediment, or hindrance to the usual travel or public safety
on a public right-of-way the maximum line of sight required to add to safe
travel of vehicular and pedestrian traffic and in order to maximize that line of
sight at street corners and intersections and to minimize hazards at those
locations, ground equipment may not be installed within 250 feet of a street
corner or a street intersection.
(2) Ground Equipment near Municipal Parks. For the safety of Municipal Park
patrons, particularly small children, and to allow full line of sights near
Municipal park property, the Network Provider shall not install ground
equipment in a right-of-way that is within a Park or within 250 feet of the
boundary line of a Park, unless approved by the City Manager in writing.
(3) To enhance the safety requirements of line of sight of pedestrians, particularly
small children, the City's designee may deny a request for a proposed
location if the Network Provider installs Network Node ground equipment
where existing ground equipment within 300 feet already occupies a footprint
of twenty-five (25) square feet or more.
(4) Ground equipment shall not be installed in such a manner as to interfere with
a sight visibility triangle.
(j) Municipal Service Poles.
(1) An Agreement shall be required for all installations on Municipal Service
Poles and all such installations shall be in accordance with the Agreement.
(2) 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.
(3) Height of attachments:
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(a) All attachments on all Service Poles shall be at least eight (8)feet above
grade; and
(b) 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;
(c) And meet all applicable requirements of State law and this Chapter.
(4) 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 the agreement with the City. installation of
Network Node facilities on any traffic signal structures shall:
i. Be encased in a separate conduit than the traffic light electronics;
ii. Have a separate electric power connection than the traffic signal
structure; and
iii. Have a separate access point than the traffic signal structure;
iv. Shall not puncture or drill into the structure;
v. Shall not be installed on the mast arm; and
vi. Meet all other requirements of State law and this Chapter.
(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
and must be in accordance with the Agreement with the City. Installation of
Network Node facilities on any street signage structures that has electrics
shall:
i. Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure;
iii. Have a separate access point than the signage structure; and
iv. Meet all other requirements of State law and this Chapter.
(k) Certification.
(1) Application:
Network Node provider will furnish a certification that the proposed Network
Node will be placed into active commercial service by or for a Network
Provider not later than the 60th day after the date the construction and final
testing of the Network Node is completed.
(2) Within sixty (60) days after construction is complete, Network Node provider
will furnish a certification that the proposed Network Node is in active
commercial service by or for a Network Provider and will furnish such
certification with its Registration as required by Cection 20-57, annually
thereafter.
Sec. 20-108. Electrical Supply
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
Ordinance No. 2017-049 40
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.
Network Provider shall not allow or install generators or back-up generators in the right-
of-way.
Sec. 20-109. 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 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.
(2) 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 any agreement with the City as applicable and all
applicable laws, ordinances, codes, rules and regulations of the City, County,
State, and the United States ("Laws").
(b) Standard Pole Load Analysis on Attachments to a Service Pole
All applications for permits to collocate and or attach to any Service Pole must
have included in its permit application a completed industry standard pole load
analysis performed and sealed by an engineer licensed by the State of Texas that
indicates that the Service Pole to which the network node is to be attached will
safely support the load. Such analysis shall also address safety of pole and
attachments in regard to wind loads, collision with motor vehicle, supporting weight
of the Node and all other pertinent information.
(c) Inspections
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,
Node Support Poles or related ground equipment, the City Manager shall provide
written notice to the Network Provider within five (5) business days of the planned
inspection. Network Provider may have a representative present during such
inspection.
(d) No installations shall be placed on the mast arm of a traffic control signal.
Ordinance No. 2017-049 41
Sec. 20-110. Requirements in Regard to Removal, Replacement, Maintenance and
Repair.
(a) Removal or Relocation by Network Provider
(1) 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 ten (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.
(2) The City shall not issue any refunds for any amounts paid by Network
Provider for Micro Network Node, Network Node facilities, Node Support
Poles or related ground equipment that have been removed.
(3) Any abandoned or obsolete Micro Network Node, Network Node, Node
Support Pole or other related equipment shall be removed in strict
accordance with this Chapter and all other applicable ordinances and state
law.
(4) Network Provider shall remove Micro Network Node, Network Node facilities,
Node Support Pole or related ground equipment when such facilities are
abandoned regardless of whether or not notice is received from the City.
Such removal must occur within ninety (90) days from the date of
Abandonment, unless additional time is allowed by the City. The Network
Provider shall provide advance written notice of such removal which must be
received by the City at least two (2)working days prior to the removal, except
in case of emergency. Such notice shall specify the location and description
of each Micro Network Node, Network Node facilities, Node Support Pole or
related ground equipment to be removed.
(5) The City Manager may require the Network Provider to complete additional
remedial measures necessary for public safety and the integrity of any City
facilities and the right-of-way.
(b) Removal or Relocation Required for City Project.
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 in accordance with Section 20-12 and without cost to the
municipality managing the public right-of-way
Pursuant to state law and as a condition for occupancy of the right-of-way, the
Network Provider may be required by the City to remove or relocate any of its
facilities, including but not limited to, its Micro Network Node, Network Node, Node
Support Pole and related ground equipment, or any portion thereof from the right-
of-way, and Network Provider shall, at the City Manager's direction, remove or
relocate the same at Network Provider's sole cost and expense, whenever the City
Manager reasonably determines that the relocation or removal is needed as set
out in Section 20-12.
Ordinance No. 2017-049 42
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 ninety (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, and Network Provider shall, within thirty (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 or Due to Imminent Danger; or for Improper
Permitting or Licensing.
Network Provider shall, at its sole cost and expense, promptly disconnect, remove,
or relocate the applicable Micro Network Node, Network Node, Node Support Pole
and related ground equipment within the time frame and in the manner required by
the City Manager if the City Manager reasonably determines that the
disconnection, removal, or relocation of any part of a Micro Network Node,
Network Node, Node Support Pole and related ground equipment(a) is necessary
to protect the public health, safety, welfare, or City property, (b)the Micro Network
Node, Network Node, Node Support Pole and related ground equipment, or portion
thereof, is adversely affecting proper operation of streetlights or City property, or
(c) Network Provider fails to obtain all applicable licenses, Permits, and
certifications required by Law for its Micro Network Node, Network Node, Node
Support Pole and related ground equipment, or use of any location under
applicable law. If the City Manager reasonably determines that there is imminent
danger to the public, then the City may immediately disconnect, remove, or
relocate the applicable Micro Network Node, Network Node, Node Support Pole
and related ground equipment at the Network Provider's sole cost and expense.
The City Manager shall provide ninety (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.
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 thirty (30) days of receiving the invoice from the City.
(d) Restoration.
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 ten (10) calendar days following the date of
such removal or relocation, at Network Provider's sole cost and expense, including
Ordinance No. 2017-049 43
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.
(e) Network Provider Responsible.
Network Provider shall be responsible and liable for the acts and omissions of
Network Provider's employees, temporary employees, officers, directors,
consultants, agents, Affiliates, subsidiaries, Sub-Network Provider's and
subcontractors in connection with the installations of any Micro Network Node,
Network Node, Node Support Pole and related ground equipment, as if such acts
or omissions were Network Provider's acts or omissions.
Sec. 20-111. Requirements Upon Abandonment
Upon Abandonment or upon being deemed abandoned, Network Provider has a duty to
promptly remove its facilities from the right-of-way. Notice from the City is not a
prerequisite to the requirement for removal.
If the Network Provider does not promptly remove its facilities removal procedures, as set
out in section 20-18, may be followed.
Sec. 20-112. General Provisions.
(a) All requirements of this Article, including Part II, shall be met as applicable.
(b) No City Allocation of Funds for Removal and Storage.
All costs of any removal or storage of Micro Network Node, Network Node, Node
Support Pole and related ground equipment, as authorized under this Part, shall
be the responsibility of the Network Provider and the City is not required to expend
funds to meet the requirements of the Network Providers. Any funds expended by
the City due to an emergency or failure of a Person to abide by these requirements
shall be reimbursed to the City.
(c) Ownership.
No part of a Micro Network Node, Network Node, Node Support Pole and related
ground equipment erected or placed on the right-of-way by 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.
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(d) Size Limits.
Network Providers shall provide detailed drawings, with calculations to show strict
conformity to the size limitations as set forth in this chapter or state law with each
application, notice of work to be performed or request fora permit for each location;
provided, however, where possible Providers are encouraged to reduce the size
of installed facilities.
The size limits in this Article are only applicable for so long as required by state
law. If Chapter 284 of the Local Government Code is found to be repealed, struck
down, pre-empted or invalid, in whole or in part, the standards required by the City,
either in the Municipal Authorization or an amendment to the Municipal
Authorization or the directives of the City or this Article then such standards shall
be subject to individualized review.
Sec. 20-113. Insurance, Indemnity, Bonding and Security Deposits.
Insurance, indemnity, 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 state law.
Sec.20-114. Design Manual — Updates.
Placement or modification of Micro Network Node, Network Node, Node Support Pole
and related ground equipment shall comply with the City's Design Manual at the time the
Permit for Installation or Modification, and as said Design Manual may be approved or
amended from time to time.
Reserved Section 20-115 through 20-150
PART IV— EXEMPTION PROCESS
Sec. 20-151. Administrative Hearing — Request for Exemption.
(a) Should any person utilizing or proposing to utilize the right-of-way desire to request
an exemption from a specific standard set forth in this Chapter, and Section 20-26
is not applicable, the person 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 under this Chapter.
(b) Any person requesting an exemption from any of the requirements shall file such
a request with the City Manager within fifteen (15) calendar days from the time that
need for an exemption arose. If an exemption is requested prior to construction,
the request should be submitted prior to filing for a permit.
Ordinance No. 2017-049 45
(c) An exemption shall only be granted if:
(1) Such exemption is not contrary to the public interest;
(2) Such exemption will not increase the burden on the right-of-way or other right-
of-way users;
(3) Such exemption shall not increase the right-of-way management or
administrative duties for City staff;
(4) The exemption shall fit within the spirit of this Article; and
(5) The application of the ordinance in the particular circumstances would create
an unnecessary hardship.
(d) It shall take an affirmative vote of four (4) members of the Board to grant the
exemption.
Section 3. That nothing in this Ordinance shall be construed to affect any
prosecution currently pending, or any suit or proceeding currently proceeding in any
Court, or any rights acquired or any liability incurred, or any cause or causes of action
acquired or existing, under any act or prior ordinance, nor shall any legal right or remedy
of any character be lost, impaired or affected by this Ordinance.
Section 4. That the Code of Ordinances of the City of Grapevine, Texas, shall
remain in full force and effect, except as amended here and this Ordinance shall be
cumulative of all provisions of ordinances of the City except where the provisions of this
Ordinance are in direct conflict with the provisions of such ordinances, in which event the
conflicting provisions of such ordinances are hereby repealed.
Section 5. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code
of Ordinances of the City of Grapevine, and upon conviction shall be punishable by a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00)
for each offense. Each day that a violation is permitted to exist shall constitute a separate
offense.
Section 6. That any person violating any provision of this Chapter may be issued
a citation and upon conviction thereof, the person shall be deemed guilty of a
misdemeanor and punished as provided in subsection 1-6 of the Code of Ordinance of
the City of Grapevine. Each 24-hour period of violation, and each separate act or
condition in violation of this Chapter, shall constitute a separate offense.
Section 7. It is hereby declared to be the intention of the City Council of the City
of Grapevine, Texas, that sections, paragraphs, clauses and phrases of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections
of this Ordinance since the same would have been enacted by the City Council of the City
Ordinance No. 2017-049 46
of Grapevine without the incorporation in this Ordinance of any such legally invalid or
unconstitutional, phrase, sentence, paragraph or section.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
Section 9. This ordinance shall be in full force and effect after its passage and it is
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of August, 2017.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
Ordinance No. 2017-049 47