HomeMy WebLinkAbout031523 ORD - 08/28/2018 Ordinance amending Corpus Christi Code to adopt small cell network fees,
regulations, and Design Manual; and providing for penalty
WHEREAS, Texas Local Government Code, Chapter 284, provides the
framework for municipal right-of-way access or small cell networks;
WHEREAS, Texas Local Government Code, Chapter 284, established a
maximum public right of way rate;
WHEREAS, City Staff communicated with and received feedback from area
Network Providers regarding the content of the City of Corpus Christi Design Manual;
WHEREAS, a public hearing was held on Wednesday, June 27th, 2018, during a
meeting of the Planning Commission. The Planning Commission recommended approval
and on Tuesday, July 31st, 2018, during a meeting of the City Council, during which all
interested persons were allowed to appear and be heard;
WHEREAS, Sec. 284.107, Design Manual, of the Texas Local Government Code
states that "A municipality may adopt a design manual for the installation and construction
of network nodes and node support poles in the public right-of-way.
WHEREAS, the intent of the City of Corpus Christi Small Cell Design Manual is to
implement Plan CC, the City's adopted Comprehensive Plan, by providing City Council
with specific, objective, and prescriptive guidance for making decisions about the
installation of Network Nodes, Node Support Poles, and related wireless facilities in the
public right-of-way; and
WHEREAS, the City of Corpus Christi Small Cell Design Manual provides the
guidance and recommendations to Network Providers for the timely, efficient, safe and
aesthetically pleasing installation of Network Nodes, Node Support Pales, and related
wireless facilities in the public right-of-way.
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. The Corpus Christi Code of Ordinance, Chapter 49 is amended to add
ARTICLE V. OCCUPATION OF RIGHTS-OF-WAY BY SMALL CELL NETWORKS to
read as follows:
ARTICLE V. OCCUPATION OF RIGHTS-OF-WAY BY SMALL CELL NETWORKS
Sec.49-80 Applicability
In addition to the general right-of-way regulations established in the Corpus
Christi Code of Ordinances and the Unified Development Code, the city hereby adopts
additional restrictions and requirements for the deployment of the telecommunications
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equipment governed by V.T.C.A., Local Government Code Ch. 284. Terms utilized in
this Article shall have the meanings assigned in V.T.C.A., Local Government Code Ch.
284. V.T.C.A., Local Government Code Ch. 284 shall be referenced as Ch. 284 in this
Article.
A network provider seeking to site, install, collocate, maintain, repair, relocate,
replace, and remove wireless facilities in the public right-of-way must comply with the
provisions of State and Federal law and with the Corpus Christi Code of Ordinances
and the Unified Development Code, as amended, and the City's Small Cell Design
Manual, as amended, except where in conflict with Chapter 284.
Sec. 49-81 Permit
(a) Permit Application - A network provider must submit an application for a
permit prior to installing a network node, node support pole, or transport facility in
the public rights-of-way and prior to any excavating or closing sidewalks or
vehicular lanes in a public right-of-way in association with any routine
maintenance, replacement, repair, or upgrading work. An application will not be
deemed complete unless it includes:
(1) Detailed drawings, with calculations to show strict conformity to the
size limitations as set forth in Ch. 284, including, but not limited to Ch. 284,
§ 284.002, size of a Micro Network Node, § 284.003, size of network nodes,
and § 284.103, maximum pole height, and with the requirements of this
Article, the rights-of-way maintenance ordinance, and the pole attachment
specifications;
(2) An analysis showing that the proposed wireless facility(ies) will not
cause any interference with City public safety radio systems, utility
supervisory control and data acquisition systems (SCADA), electric
automation systems, metering networks, traffic signal light systems, or other
City utility or safety communications components in accordance with Ch.
284, § 284.304, or interfere with motorists' sight distance at an intersection
as defined by the American Association of State Highway and
Transportation Officials (AASHTO) in the "A Policy on Geometric Design of
Highways and Streets";
(3) A proposal to camouflage or conceal the network node consistent
with the requirements of this Article;
(4) Disclose whether the location is any of the following:
A. Within a municipal park
B. Within an area zoned for residential use
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C. Within a design district utilizing decorative poles or in an area of
the City zoned or otherwise designated as a historic overlay
district, Development Concept and Special Overlay Districts or
other similar districts as set forth in the City's Unified
Development Code and Code of Ordinances;
D. Within an area that has u nd ergro u nd ing requirements as set forth
in the City's Unified Development Code (UDC) and Code of
Ordinances;
E. 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 V.T.C.A. Texas
Government Code 442.001(3), and 16 U.S.C. 470), as of the
date of the submission of the permit.
(5) City's acceptance of the submitted design documents does not
relieve Network Provider and its engineer of full responsibility and liability
for any errors and/or omissions in the engineering analysis.
(6) Network Providers shall provide evidence of such permission to attach
or use non-city-awned property and Right-of-Way. If the project lies within
a Highway, the applicant must provide evidence of an authorization from
the State or Federal government, as applicable
(b) Timeline
(1) The City will evaluate a network node or node support pole application
for completeness within 30 days of submission. The City will evaluate a
transport facility application for completeness within 10 days of
submission.
(2) The city must approve or deny a complete application under this title in
the following timeframes:
A. An application for a node support pole not later than the
150 ' day after the date the municipality receives the complete
application.
6. An application for a network node not later than the 601h day
after the date the municipality receives the complete application.
C. An application for a transport facility not later than the 21 st
day after the date the municipality receives a complete application.
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D. An application for a permit for a node support pole, network
node, or transport facility shall be deemed approved if the
application is not approved or denied on or before the applicable
date for approval or denial prescribed in this subsection.
(3) A network provider that wants to install or collocate multiple
network nodes inside the City is entitled to file a consolidated permit
application for not more than 30 network nodes and receive permits for the
installation or collocation of those network nodes.
(c) Application Fee
(1) $500.00 per application, up to five network nodes per application;
(2) $500.00 per application for the 1 st five network nodes, then an
additional $250.00 for each additional network node per application; and
(3) $1,000.00 per application for each pole.
Sec. 49-82 Location
The following are prohibited or restricted areas for certain wireless facilities, except with
separate city agreement:
(a) Municipal Parks and Residential Areas
(1) In accordance with Chapter 284, Sec. 284.104, a Network Provider may
not install a Node Support Pole in a public right-of-way without the City's
discretionary, nondiscriminatory, and written consent if the public right-of-way is
in a Municipal park or is adjacent to a street or thoroughfare that is:
(2) Not more than (50)feet wide of paved street surface, being the area
measured as the shortest distance between the inside of the curb to the inside of
the opposite curb, or the area measured as the shortest distance between the
two parallel edges of the paved roadway for vehicular travel where there is no
curb; and
(3) Adjacent to single-family residential lots or other multifamily residences or
undeveloped land that is designated for residential use by zoning.
(b) Historic Districts and Design Districts with Decorative Poles
(1) In accordance with Chapter 284, Sec. 284.105, a Network Provider must
obtain advance written approval from the City before collocating Network Nodes
or installing Node Support Poles in a Design District with Decorative Poles
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(2) As a condition for approval of Network Nodes or Node Support Poles in
Design Districts with Decorative Poles or in a Historic District, the City shall
require reasonable design or Concealment measures for the Network Nodes or
Node Support Poles. Therefore, any request for installations in a Design District
with Decorative Poles or in a Historic District, must be accompanied with
proposed Concealment measures in the permit applications.
(3) The City requests that a Network Provider explore the feasibility of using
Camouflage measures to improve the aesthetics of the Network Nodes, Node
Support Poles, or related ground equipment, or any portion of the nodes, poles,
or equipment, to minimize the impact to the aesthetics in Design Districts with
decorative poles or in an Historic District.
(4) Network Provider shall comply with and observe all applicable City, State,
and federal historic preservation laws and requirements.
(5) Each permit application shall disclose if it is within a Design District with
Decorative Poles or in an area of the City zoned or otherwise designated as a
Design District with Decorative Poles or Historic District.
(6) A Network Node shall not be installed in a location that causes any
interference with existing City infrastructure. Network Nodes shall not be allowed
on City's public safety radio infrastructure.
(d) Compliance with Undergrounding Requirements.
(1) In accordance with Chapter 284, Sec. 284.107, a Network Provider shall
comply with nondiscriminatory undergrounding requirements, including municipal
ordinances, zoning regulations, state law, private deed restrictions, and other
public or private restrictions, that prohibit installing aboveground structures in a
public right-of-way without first obtaining zoning or land use approval.
(2) Each permit application shall disclose if it is within an area that has
undergrounding requirements.
The City by its discretionary consent and agreement may grant exception to the above
prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory
manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110.
Sec. 49-83 Annual Public Right of Way Rate
(a) Network node site annual rental rate:
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(1) Annual network node rate. In accordance with Chapter 284.,
Sec.284.053 (a), Network provider shall pay the city annually$250.00 per
network node installed in City public right-of-way. The annual network
node public right-of-way rate is non-refundable.
(2) Initial annual network node rate prorated. The annual network node
public right-of way rate payment for the first year at any location ("initial
annual network node payment") begins accruing when facilities are
installed and is due thirty (30) days after network provider installs or
collocates a network node at a location. The initial annual network node
payment shall be pro-rated for the months remaining in the calendar year
after the permit issuance date.
(3) Subsequent years annual network node rate due date. The annual
network node public right-of-way rate for every year after the initial annual
network node payment shall be paid in advance on or before December
31 of each calendar year for each network node in the public right-of-way
for the next calendar year period.
(4) Annual network node rate adjustment. The city reserves the right to
make periodic rate adjustments in its discretion and pursuant to Ch. 284.,
§ 284.054.
(b) Collocation attachment on service pole fee:
(1) Subject to an agreement, annual collocation on service pole
attachment fee. Network provider shall pay the city annually $20.00 for
each service pole with network node(s) collocated on in accordance with
Ch. 284.
(c) Transport facility fee:
(1) Transport facility fee amount. When the network provider is
installing its own transport facilities, the network provider shall pay to the
city an amount equal to twenty-eight dollars ($28.00) per month multiplied
by the number of the network provider's network nodes located in the
public right-of-way for which the installed transport facilities provide
backhaul. As an alternative to paying the transport facility fee, the network
provider may utilize the alternative verification report option as described
below.
(2) The transport facility fee is non-refundable. The monthly transport
facility fee begins accruing when the transport facility is installed and is
due in full December 31 of that year.
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(3) When the network provider is obtaining transport service from a
person that is paying the city municipal fees to occupy the public right-of-
way that are the equivalent of not less than twenty-eight dollars ($28.00)
per network node site per month, the network provider may utilize the
alternative verification report option as described below.
(4) Alternative verification report. If network provider utilizes the Ch.
284., § 284.055(a)(2) option to obtain transport service from a person that
is paying municipal fees to occupy the public right-of-way or utilizes the
Ch. 284., § 284.055(a)(1), option and install its own transport facilities and
asserts that it has paid the city in an amount that is equivalent to or
greater than the transport facility fee due for that year for the same and
corresponding year that would have been due from the network provider
to the city for the calendar year then:
(A) On or before December 31, the provider will notify the city
that it intends to utilize this alternative verification report option.
(B) Thirty (30) days after the end of each calendar year the
network provider shall provide to the city an alternative verification
report documenting those equivalent or greater payments to the
city. The verification report shall be provided thirty (30) days after
the end of each calendar year that an actual and full payment is not
made from the network provider to the city for the transport facility
fee payment.
(C) This alternative verification report is to allow the city to verify
that the annual payments due the city for transfer facilities for each
network node transfer facility that the city has received from the
network provider or from the network provider's provider of
transport facilities a payment to the city for that corresponding prior
calendar year is equal to or exceeds the monthly aggregate per-
node transfer facility compensation due to the city and Ch. 284., §
284.055(b)(2) for that same period.
(D) In the event the payment to the city that is asserted to be
equal to or exceeding the monthly aggregate per-node transfer
facility compensation due to the city was by a different named entity
than the network provider, the network provider bears the burden to
establish that the entity paying the city and the network provider is
an affiliate and that they are one and the same for purposes of a
Ch. 284 transfer facility fee credit against the monthly transport
facility fee.
(5) Transport facility means each transmission path physically within a
public right-of-way, extending with a physical line from a network node
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directly to the network, for the purpose of providing backhaul for network
nodes.
(d). If any state law setting the maximum right-of-way fee is amended,
preempted, or declared to be invalid or void by a court of competent jurisdiction,
the Annual Public Right of Way fee is the lesser of the maximum legally
allowable amount or$1,500 per network node.
Sec 49- 84 Collocation agreement
The city manager or designee is authorized to enter into an agreement for the use of
municipally owned service poles without any further action by city council. The terms of
this pole attachment agreement shall have nondiscriminatory terms and conditions and
shall require an industry standard pole load analysis.
Sec 49-85 Small Cell Design Manual
(a) Adoption of Small Cell Design Manual.
The City Council adopts the Small Cell Design Manual for the installation
of micro network nodes, network nodes, node support poles and related
ground equipment pursuant to V.T.C.A. Local Government Code, ch. 284.
A copy of the Small Cell Design Manual is available in the city secretary's
office. Revisions to the design manual shall be by ordinance of City
Council.
(b) Compliance with Small Cell Design Manual.
The installation and construction of micro network nodes, network nodes,
transport facilities, and new node support poles in the rights-of-way is
subject to the Corpus Code of Ordinance, Unified Development Code and
the Small Cell Design Manual.
Sec 49-86 Administrative hearing — request for exemption
Should the Network Provider desire to deviate from any of the standards set forth in the
Design Manual, the Network Provider may request an Administrative Hearing before a
Board of Appeals. The Zoning Board of Adjustment shall act as the Board of Appeals for
a Request for Exemption. The process for an application, hearing and vote shall follow
the process set out for a variance
Sec 49-87 General construction and maintenance
(a) General.
In accordance with Ch. 284., § 284.102, a Network Provider shall
construct and maintain wireless facilities in a manner that does not:
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(1) Obstruct, impede, or hinder the usual travel or public safety on a
public right-of-way;
(2) Obstruct the illumination of street lights;
(3) Obstruct the legal use of a public right-of-way by other utility
providers;
(4) Violate nondiscriminatory applicable codes;
(5) Violate or conflict with the City's Small Cell Wireless Facilities right-
of-way use ordinance or Small Cell Design Manual;
(6) Violate the federal Americans with Disabilities Act of 1990 (42
U.S.C. § 12101 et seq.).
(b) Windstorm. All affected materials and installation shall comply with Texas
Department of Insurance Requirements for windstorm resistant
construction for design wind speed or as required by adopted City
Technical Construction Codes, whichever is more restrictive. Permittee
shall be responsible for contracting with a licensed structural engineer in
the State of Texas to perform all inspections and provide documentation
that the installation was inspected and constructed in accordance with
City-approved plans and codes.
(c) Breakaway Poles. New network support poles -Adjacent to arterials or
higher capacity roadways, breakaway poles must be used for the Installation of Network
Nodes and related wireless facilities.
Sec 49-88 Emergency removal, removal, replacement, maintenance, and repair
(a) Relocation. Except as provided in State and Federal law, a network
provider, within 90 days of receipt of written notice from the City, shall
relocate or adjust network nodes in a public right-of-way without cost to
the City in the management and maintenance of the public right-of-way
and shall comply with the relocation requirements in the Code of
Ordinances. The City will make a good-faith effort to assist with identifying
a location in a nearby Right-of-Way for the network node. The Network
Provider shall obtain all permits required prior to relocation. The City shall
waive the application fees and transfer all remaining rights to the new
location so long as such relocation was not directly caused by the Network
Provider.
(b) Emergency removal, removal, replacement, maintenance, and repair.
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(1) Other than routine maintenance where no roadway obstruction is
necessary, a network provider must provide the City with seven days'
advanced notice of any significant maintenance work conducted within the
public right-of-way and of any work to replace or upgrade a network node
or pole, to install, place, maintain, operate, or replace micro network
nodes that are strung on cables between existing poles or node support
poles.
(2) A network provider must comply strictly with the requirements of the
right-of-way maintenance ordinance and other applicable ordinances,
when installing, replacing, maintaining, repairing, upgrading, removing,
relocating or operating micro network nodes, network node facilities, node
support poles and related ground equipment, except to the extent not
consistent with Ch. 284, § 284.107, and except as provided in existing
State and Federal law.
(3) The City retains the right and privilege to disconnect or move any
network node, node support pole, or associated ground equipment located
within the public right-of-way of the City, as the City may determine to be
necessary, appropriate or useful in response to any imminent public health
or safety emergency. The City shall immediately notify the Network
Provider after disconnecting or removing a network node, node support
pole or associated ground equipment. If circumstances permit, the City
shall notify the network provider and allow the network provider an
opportunity to move its own facilities prior to the City disconnecting or
removing a facility.
(c) Removal or relocation by network provider.
(1) If the Network Provider relocates a Micro Network Node, Network
Node facilities, Node Support Pole or related ground equipment at its own
discretion, it shall notify the City Manager in writing not less than 10
business days prior to relocation. Network Provider shall obtain all Permits
required for relocation of its Micro Network Node, Network Node facilities,
Node Support Poles and related ground equipment prior to relocation.
(2) All portions of the Micro Network Node, Network Node, Node
Support Pole and related ground equipment may be removed by Network
Provider at any time, provided the Network Provider shall notify the City
Manager of such removal within thirty (30) days after removal. The City
shall not issue any refunds for any amounts paid by Network Provider for
Micro Network Node, Network Node facilities, Node Support Pales or
related ground equipment that have been removed.
(d) Removal or Relocation Required for a City Project
(1) Except as provided in existing state and federal law, a Network
Provider shall relocate or adjust Micro Network Node, Network Node,
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Node Support Pole and related ground equipment in a public right-of-way
in a timely manner and without cost to the municipality managing the
public right-of-way.
(2) Network Provider understands and acknowledges that the City may
require Network Provider to remove or relocate its Micro Network Node,
Network Node, Node Support Pole and related ground equipment, or any
portion thereof from the Right-of-Way for City construction projects as
allowed by state and federal law, including the common-law.
(3) Network Provider shall, at the City Manager's direction, remove or
relocate the same at Network Provider's sole cost and expense, except as
otherwise provided in existing state and federal law, whenever the City
Manager reasonably determines that the relocation or removal is needed
for any of the following purposes: Required for the construction,
completion, repair, widening, relocation, or maintenance of, or use in
connection with, any City construction or maintenance project of a street
or public rights-of-way to enhance the traveling public's use for travel and
transportation.
(4) If Network Provider fails to remove or relocate the Micro Network
Node, Network Node, Node Support Pole or related ground equipment, or
portion thereof as requested by the City Manager within 90 days of
Network Provider's receipt of the request, then the City shall be entitled to
remove the Micro Network Node, Network Node, Node Support Pole or
related ground equipment, or portion thereof at Network Provider's sole
cost and expense, without further notice to Network Provider.
(5) Network Provider shall, within 90 days following receipt 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.
e Removal Required by City for Safety and Imminent Danger Reasons
(1) Network Provider shall, at its sole cost and expense, promptly
disconnect, remove, or relocate the applicable Micro Network Node,
Network Node, Node Support Pole and related ground equipment within
the time frame and in the manner required by the City Manager if the City
Manager reasonably determines that the disconnection, removal, or
relocation of any part of a Micro Network Node, Network Node, Node
Support Pale 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
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(C) Network Provider fails to obtain all applicable licenses, Permits,
and certifications required by Law for its Micro Network Node,
Network Node, Node Support Pale and related ground equipment,
or use of any Location under applicable law in strict accordance
with the City's rights-of-way management ordinance, and other
applicable ordinances, except to the extent not consistent with
Chapter 284.
(2) The City Manager shall provide 90 days written notice to the
Network Provider before removing a Micro Network Node, Network Node,
Node Support Pole and related ground equipment under this Section,
unless there is imminent danger to the public health, safety, and welfare.
(3) 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 90 days of receiving the invoice from the
City.
Sec 49-90 Improperly Located Network Node facilities, Node Support Poles and
related ground equipment:
(a) Improperly Located Network Node facilities, Node Support Poles and
related ground equipment shall not impede pedestrian or vehicular traffic in the
Right-of-Way. If any Network Node facilities, Node Support Poles or ground
equipment is installed in a location that is not in accordance with the plans
approved by the Director of Development Services and impedes pedestrian or
vehicular traffic or does not comply or otherwise renders the Right-of-Way non-
compliant with applicable Laws, including the American Disabilities Act, then
Network Provider shall promptly remove the Network Node facilities, Node
Support Poles or ground equipment.
(b) Notice to Remove unauthorized facilities and relocate and penalty: After
90 days' notice to remove unauthorized Network Node facilities, Node Support
Pales or ground equipment in the incorrect permitted location, if not relocated,
the Network Provider shall be subject to a penalty of $100 per day that begins to
accrue at the expiration of the 90 days' notice period until the Network Node
facilities, Node Support Poles or ground equipment is removed regardless of
whether or not the Network Provider's contractor, subcontractor, or vendor
installed the Network Node facilities, Node Support Pales or ground equipment in
strict conformity with the City Rights-of-way management ordinance and other
applicable ordinances concerning improperly located facilities in the rights-of-
way. Removal and relocation is not required and penalties will not be imposed if
the Network Provider, after receipt of the 90 days' notice required by this
subsection, applies for a permit and the City approves such application for the
present location. In such case, for purposes of back rent, the City may invoice,
and Network Provider shall pay to City within ninety (90) days from receipt of the
invoice, a sum equal to five (5)times the then current, applicable rental rate(s)
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multiplied by the number of unauthorized Network Nodes, unless the Network
Provider can produce documentation showing installation of the Network Node
occurred on a later date, in which case Network Provider shall pay back rent from
that point forward.
Sec 49-91 Abandonment
Permittee shall remove micro network nodes, network nodes, node support poles, and
related ground equipment when such facilities are abandoned or are obsolete,
regardless of whether it receives notice from the City. Unless the City sends notice that
removal must be completed immediately to ensure public health, safety, and welfare,
the removal must be completed within the earlier of 90 days of it being abandoned or
within 90 days of receipt of written notice from the City. A micro network node, network
node, node support pole and related ground equipment is presumed abandoned if such
facilities are not operated for 180 consecutive calendar days. When Permittee removes
abandoned permanent structures in the public right-of-way, the Permittee shall notify
the City Engineer in writing of such removal and shall file with the City Engineer the
location and description of the abandoned micro network nodes, network nodes, node
support poles, and related ground equipment removed. The City Engineer may require
the Permittee to complete additional remedial measures necessary for public safety,
health, and welfare, and the integrity of the public right-of-way.
cer -In_92 Bonding, Insurance, and Indemnity
(a) Bond
(1) Within thirty days of the approval of provider's initial permit under this
Article, provider shall maintain and furnish to the city a security in favor of
the city. "Security" means an executed performance bond acceptable to
the city, for the purpose of protecting the city from the costs and expenses
associated with provider's failure to comply with its material obligations
under and throughout the time of provider's occupancy of public right-of-
way, including but not limited to:
(A). The city's restoration of the public right-of-way;
(B) The city's removal of any of provider's attachments that are
abandoned or not properly maintained or that need to be removed
to protect public health, safety, welfare, or city property;
{C} The city's recoupment of rental fees that have not been paid by
provider in over twelve months, after provider receives reasonable
notice from the city of any of the non-compliance listed above and
opportunity to cure.
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(2) The amount of security shall be one-hundred-thousand dollars for
between one and thirty sites, and one-hundred-fifty-thousand dollars for
between thirty-one and fifty sites. The security amount shall be prorated
based on the number of attachments.
(3) The bond, if any, must be in a form approved by the city attorney and
issued by a corporate surety authorized and admitted to write surety
bonds in Texas. The surety must be listed on the current list of accepted
sureties on federal bonds published by the United States Treasury
Department or reinsured for any liability up to one hundred thousand
dollars by a reinsurer listed on the U.S. Treasury list.
(4) In the event the surety or party issuing the security cancels or decides
not to renew or extend the security, provider shall obtain, and provide to
the city attorney for approval, a replacement security with another surety,
authorized to do business in Texas, within thirty days of the date the
security has been cancelled or non-renewed.
(5) In the event the city draws upon the security, provider must replenish
the amount of the security within thirty days. The city will notify provider in
writing as a precondition to drawing on, seeking payment under, or
executing against the security.
(F) In the event that provider shall relinquish its permits and remove its
attachments from city facilities or public right-of-way, the city shall return
the security to provider, or a portion thereof, within sixty (50) days of the
removal of the attachments.
(b) insurance
(1) Network Provider must submit a certificate of liability insurance in
the amount of$1,000,000.00 primary plus 2,000,000.00 umbrella or other
securities as acceptable to the City Risk Manager or designee for the city.
The city shall be named as additional insured on such certificate.
(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.
(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 days before canceling, failing to renew, or reducing policy limits.
(4) The Network Provider shall file with the City Risk Manager the
required original certificate of insurance prior to any commencement of
work. The certificate shall state the policy number; name of insurance
company; name and address of the agent or authorized representative of
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the insurance company; name, address and telephone number of insured;
policy expiration date; and specific coverage amounts.
(5) At all times during Network Provider's use and occupancy of city
facilities or public right-of-way, Network Provider shall keep in force and
effect the same insurance coverage.
(c) Indemnification
(1) Per Ch. 284., §284.302, Network providers shall indemnify and hold
the municipality and its officers and employees harmless against any and
all claims, lawsuits, judgments, costs, liens, losses, expenses, fees
(including reasonable attorney's fees and costs of defense), proceedings,
actions, demands, causes of action, liability, and suits of any kind and
nature, including personal or bodily injury(including death), property
damage, or other harm for which recovery of damages is sought that is
found by a court of competent jurisdiction to be caused solely by the
negligent act, error, or omission of the Network provider, any agent,
officer, director, representative, employee, affiliate, or subcontractor of the
Network provider, or their respective officers, agents, employees,
directors, or representatives, while installing, repairing, or maintaining
facilities in a public right-of-way. The indemnity provided by this
subsection does not apply to any liability resulting from the negligence of
the municipality, its officers, employees, contractors, or subcontractors. If
a Network provider and the municipality are found jointly liable by a court
of competent jurisdiction, liability shall be apportioned comparatively in
accordance with the laws of this state without, however, waiving any
governmental immunity available to the municipality under state law and
without waiving any defenses of the parties under state law. This section
is solely for the benefit of the municipality and Network provider and does
not create or grant any rights, contractual or otherwise, to any other
person or entity.
(2) Network provider or municipality shall promptly advise the other in
writing of any known claim or demand against the Network provider or the
municipality related to or arising out of the Network provider's activities in
a public right-of-way.
Section 49-93 Assignment
(a) Assignment—A permit shall be personal to the permittee. However, a
permittee may assign a permit to other entities provided that, prior to the
assignment, it first obtains the city manager's written consent to the
assignment. The city manager may not unreasonably withhold consent
to a permittee's request to assign its permit. In the event of any transfer
of the permit to a third party, all of the benefits and obligations created by
a permit will inure to the benefit of and become binding upon the
assignee, and the permittee will be released from its obligations under
15
the permit. Notwithstanding any of the foregoing, a permittee may assign
its interest in the permit to any licensed affiliate without the prior written
consent of city, but such an assignment may not relieve the permittee of
any of its obligations or liabilities under the permit, whether accrued or
unaccrued.
(b) Permittee shall not sub-license or lease its rights under this Ordinance or
associated Permits to an unaffiliated third party, including but not limited
to allowing third parties to place Attachments on Poles, or by placing
Attachments on Poles for the benefit of such third parties, without City's
prior written consent. The city manager may not unreasonably withhold
consent to a permittee's request to sub-license or lease its permit. The
parties agree and acknowledge that, notwithstanding anything in this
Ordinance to the contrary, certain Facilities deployed by Permittee in the
Rights-of-Way pursuant to this Ordinance and associated Permits may
be owned and/or operated by Permittee's third-party wireless carrier
customers ("Carriers") and installed and maintained by Permittee
pursuant to license agreements between Permittee and such Carriers.
Such Facilities shall remain under Permittee's custody, care and control
and shall be treated as Permittee's Facilities for all purposes under this
Ordinance and associated Permits provided that {i} Permittee remains
responsible and liable for all performance obligations under the Permits
with respect to such Facilities; {ii} City's sole point of contact regarding
such Facilities shall be Permittee; and (iii) Permittee shall have the right
to remove and relocate the Facilities necessary for ordinary operation
and maintenance so long as the location has already been approved by
the City.
Sec 49-94 Enforcement
It is unlawful for any person, firm or corporation to violate the provisions or terms of this
Article or the Small Cell Design manual that is adopted by reference, and violators shall
be subject to a penalty for each offense in accordance with section 1-6 of the Corpus
Christi Code of Ordinances or any civil or injunctive relief in a court of competent
jurisdiction.
SECTION 2. The City of Corpus Christi Design Manual, attached as Exhibit A, is
adopted in its entirety.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
16
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance be given full force and effect for this purpose.
SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. This ordinance takes effect upon publication.
17
That the foregoing orcjjnance was read for the first time and passed to its second
reading on this the 114&y of _ ti 18, by the following vote:
Joe McComb Ben Molina CZE
Rudy Garza Everett Roy
Paulette Guajardo -4,t Lucy Rubio
Michael Hunter Greg Smith
Debbie Lindsey-Opel
That the foregoing ordinance was read for the second time and passed finally on this
the �_`'day of 2018, by the following vote:
Joe McComb Ben Molina i
Rudy Garza ( Everett Roy
0 oj
Paulette Guajardo Lucy Rubio
00
Michael Hunter t- Greg Smith
ad "
Debbie Lindsey-Opel
PASSED AND APPROVED on this the day of 04 2018.
ATTEST:
Y�.
Re ecca Huerta Joe cComb
City Secretary Ma r
En%c nvE 9ATE
_ .(� � � � ! L -
18
X3152'1
Exhibit
City of Corpus Christi
Small Cell Design Manual
forthe
In�tallatlon ofi Network Nodes and Node Support Poles
pursuant to Tex.Loc.Gav,Cade,Chapter 2$4
GO�Q U S CyR�
m
r A.
�J Gi
2018
Exhibit A
Table of Contents
Section 1 2
Section 2 2
Section 3 8
Section 4 8
Section 5 10
Section 6 13
Section 7 13
Section 8 14
Section 9 15
Section 10 17
1
Exhibit A
SECTION 1. PURPOSE AND APPLICABILITY
The City of Corpus Christi ("City") recognizes that the State of Texas has delegated to the City the fiduciary duty, as a
trustee,to manage the public right-of-way for the health, safety, and welfare of the public.
A. Purpose:
1. Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of-
way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as
"Micro Network Nodes", "Network Nodes", and "Node Support Poles"
2. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police
power authority reserved in Sec. 284.3011,the City enacts these Design Guidelines in order to meet its
fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless
telecommunication providers to assist such companies in the timely, efficient, safe and aesthetically
pleasing installation of technologically competitive equipment.
B. Applicability:
1. This Design Manual is for siting and criteria for the installation Wireless Facilities, including Micro
Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed
pursuant to Loc. Gov. Code, Chapter 284.
2. This Design Manual shall apply to any installations, collocations in, on, over or under the public rights-of-
way of Network Nodes, Node Support Poles, Micro Network Nodes, Distributed Antenna Systems,
microwave communications or other Wireless Facilities, by whatever nomenclature,whether they are
installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to
by the City in its discretion or installed as may otherwise be allowed by state law.
3. Items identified as encouraged within this design manual are not legally required. Items identified as
discouraged within this design manual are not prohibited by law.
SECTION 2. PREFERED LOCATIONS OF MICRO NETWORK NODES, NETWORK NODES, NODE SUPPORT POLES
AND RELATED GROUND EQUIPMENT.
2.1 Least Preferable Locations
A. Residential Areas and Parks
1. A Network Provider is discouraged from installing a Network Node on an existing pole in a public right-of-
way if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a
municipal park or single-family residential lots or other multifamily residences or undeveloped land that is
for residential use by zoning or deed restriction.
2. In accordance with Chapter 284,Sec. 284.104(b)a Network Provider installing a Network Node or a Node
Support Pole in a public right-of-way shall comply with private deed restrictions and other private
restrictions in the area that apply to those facilities.
2
Exhibit A
B. Air Installation Compatible Use Zones (AICUZ)
1. A Network Provider is discouraged from installing Network Node Facilities, Node Support Poles or
Ground Equipment in areas designated "Clear Zones".
C. Historic District and Design Districts
1. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public
right-of-way in any area designated by the City as a Design District or in an area of the City zoned or
otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is
camouflaged.
D. Currently Designated Design Districts
1. Downtown/Uptown Overlay
i. Network Node Facilities, Node Support Poles or Ground Equipment that are located in the
Designated District "Uptown/Downtown Overlay" should be consistent with the aesthetic and
design regulations in chapter 6.11 of the City's Unified Development Code. (Exhibit A)
2. Island Overlay
i. Network Node Facilities, Node Support Poles or Ground Equipment that are located in the
Designated District "Island Overlay" should be consistent with the aesthetic and design
regulations in chapter 6.4 of the City's Unified Development Code. (Exhibit B)
3. Tax Increment Reinvestment Zone#3 (TIRZ#3). (Exhibit C)
The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so
designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation
does not require a zoning case.
3
Exhibit A
Uptown-Downtown Overlay District Boundary
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Exhibit A
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Exhibit B
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Exhibit A
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Exhibit C
6
Exhibit A
E. Historic Landmarks
1. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet
of a historic site or structure or Historic Landmark recognized by the City, state or federal government
(see,for example, and not limited to§442.001(3)of the Texas Government Code,and 16 U.S.C. §470), as
of the date of the submission of the permit.
2. Each permit application shall disclose if it is with 300 feet of such a Historic Landmark structure.
2.2 Most Preferable Locations
A. Industrial Areas
1. if not adjacent to a Municipal Park, Residential area, Historic District or Design District.
B. Highway Rights-of-Way
1. If not adjacent to a Municipal Park, Residential area, Historic District or Design District.
C. Retail and Commercial Areas
1. If not adjacent to a Municipal Park, Residential area, Historic District or Design District.
2.3 Order of Preference Regarding Network Node Attachment to Existing Facilities and New Node Support Poles.
A. Micro Network Nodes shall only be attached on existing telephone or electrical lines between existing utility
poles (electric poles or telephone 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.
B. Existing Utility Poles (electric poles or telephone poles)
1. Existing Utility Poles shall be the preferred support facility for Network Nodes and related ground
equipment.
C. Municipal Service Poles
1. Non-decorative street lights with a height of more than 20feet.
i. Be encased in a separate conduit than any City signage electronics
ii. Have a separate electric power connection than the signage structure;and
iii. Have a separate access point than the signage structure
2. 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 and in accordance with an agreement as allowed by
Chapter 284, Sec. 284.056 and Sec. 284.101 (a) (3), and (b).
i. Be encased in a separate conduit than any City signage electronics
7
Exhibit A
ii. Have a separate electric power connection than the signage structure;and
iii. Have a separate access point than the signage structure
3. Street signage shall be a low priority use for attachment of a Network Node.
4. Other municipal service pole use is discouraged
D. New Node Support Poles
1. New Node Support Poles shall be the least preferred type of allowed facility for attachment of Network
Nodes.
E. Ground Equipment
1. Ground equipment should be minimal and the least intrusive.
SECTION 3: PRIOR TO APPLYING FOR A PERMIT
A. For non-city owned property in the Public Right-of-Way, Network Providers are responsible for obtaining
permission from the owners of such non-city owned property.
B. It shall be the responsibility of the Network Provider to evaluate, prior to submitting a permit application,
the compatibility between the existing City infrastructure and Provider's proposed Network Node.
SECTION 4: PERMITTING
A. Prior to installing a Wireless Facility, Network Providers shall complete and submit an application for a utility
permit.The following are required documents for the application:
1. Plans and drawings prepared and sealed by a professional Engineer licensed in the State of Texas
that provide detailed drawings with calculations to show strict conformity to the size limitations as
set forth in TLGC, Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002,
Size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Maximum
Pole Height,with each application and with each request for a permit for each location.
B. Installations on all Service Poles shall have an industry-standard pole load analysis completed in accordance with
the provisions of the National Electric Safety Code and submitted with each permit application indicating thatthe
Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter
284.108.
C. All affected materials and installation methods must comply with the Texas Department of Insurance's
Requirements for windstorm resistant construction.
8
Exhibit A
D. Plat and site plan which includes the following:
1. Indication of current right-of-way line and other easements and encumbrances
2. Indication of spacing from existing curb, driveways, sidewalk, trees, utilities, other poles and existing
buildings
3. Width of Pedestrian Clear Zone
4. Proposed underground conduit and equipment and its spacing from other utilities
5. All conduit shall be located a minimum of 24 inches away from existing utilities, not less than two feet
from the edge of a pipe for water or sanitary sewer mains, and two feet above or below water or
sanitary sewer mains when crossing perpendicular. Written approval from the Water Department
Director or designee is required if a Network Provider is requesting a horizontal clearance of less than
two (2)feet or a vertical clearance of less than two (2) feet of a water or sanitary sewer main.
6. Scaled drawings of the proposed attachments of a Network Node to a Service Pole or Node Support
Pole of a scale of no less than 1"-40".
7. Copy of the Node ID sticker
8. Longitude and Latitude for each Network Node and Node Support Pole.
9. An analysis demonstrating that the proposed Wireless Facility does not cause any interference with the
City's public safety radio system, traffic signal light system, or other city safety communications
components in accordance with TLGC, Chapter 284, Sec.284.304.
E. In the event that placement or maintenance of Wireless Facilities conducted by the Network Provider requires
street or traffic lanes to be closed or obstructed, the Network Provider shall submit a traffic control plan. Storm
Water Pollution Prevention Plan and Trench Safety Plan may also be required based on the proposed scope of
work.The City retains the right to determine these conflicts and may require the movement of Wireless Facilities
during review.
F. Network Providers shall obtain an electrical permit and inspection by City staff prior to the installation of an
electrical meter.
G. Network Provider is required to schedule a site coordination meeting with City Staff for Historic and Design
Districts.
H. Network Provider shall pay fees and rates adopted by City Council
I. Network Providers shall identify users of Wireless Facilities and provide a guarantee agreement signed by the
users.
9
Exhibit A
SECTION 5. GUIDELINES ON PLACEMENT
5.1 Generally
A. In accordance with Chapter 284.102,a Network Provider shall construct and maintain Network Nodes, including
ground equipment, 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 public right-of-way management regulation
5. violate Corpus Christi Code or this Design Manual
6. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.)
5.2 Underground Requirement Areas
A. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the
City approved a permit application, comply with nondiscriminatory undergrounding requirements,
including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public
or private restrictions, that prohibit installing aboveground structures in a public right-of-way without
first obtaining zoning or land use approval.
B. If a location is designated by the City to transition to be an Underground Requirement Area,the City
encourages a Network Provider to relocate Micro Network Node, Network Node, Node Support Pole, and
related ground equipment at such location within 180 days after the designation. The City will make a good-
faith effort to assist with identifying a location in a nearby Right-of-Way for the Micro Network Node, Network
Node, Node Support Pole, and related ground equipment. If the Network Provider opts to relocate its Micro
Network Node, Network Node, Node Support Pole, and related ground equipment, it shall obtain all permits
required prior to relocation. The City shall waive the application fees and transfer all remaining rights to the
new location so long as such relocation was not directly caused by the Network Provider.
5.3 Network Node Facility Placement
A. Right-of-Way
1. Network Node facilities, Node Support Poles and related ground equipment shall not obstruct, impede,
or hinder usual travel or public safety on a public right-of-way.
B. Height Above Ground
1. Network Node attachments to a pole shall be installed at least eight (8)feet above the ground in
accordance with Chapter 284, Sec. 284.108. For the safety and protection of the public and vehicular
10
Exhibit A
traffic, the City encourages Network Node attachments projecting toward the street, be installed no less
than sixteen (16)feet above the ground.
C. Protrusions
1. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3)
(B) no protrusion from the outer circumference of the existing structure or pole shall be more than two
(2) feet.
D. New Node Support Pole Spacing
1. In order to minimize the hazard of poles adjacent to road ways and to minimize effect on property
values and aesthetics on the area, the City encourages New Node Support Poles to be spaced apart from
existing utility poles or Node Support poles at the same distance as the spacing between utility poles in
the immediate proximity.
E. Height of Node Support Poles or Modified Utility Pole
1. In accordance with Chapter 284, Sec. 284.103 a Node Support Pole or modified Utility Pole may not
exceed the lesser of:
i. 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new
pole in the same public right-of-way; or
ii. 55 feet above ground level.
5.4 Ground Equipment
A. Ground Equipment near Street Corners and Intersections
1. Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1),
to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public
right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian
traffic and in order to maximize that line of sight at street corners and intersections and to minimize
hazards at those locations,ground equipment may not be installed within a visibility triangle.
2. On any corner lot, a visibility triangle shall be established. The visibility triangle shall be formed by
extending lines from the intersection of two streets to points 20 feet from the corner of the
intersecting streets and then connecting the two points to form a triangle.
3. No construction, planting or grading shall be permitted to interfere with the sight triangle between
the heights of 30 inches and 7 feet as measured from the crowns of the adjacent streets.
11
Exhibit A
501]t triangle to
be unobbtructed
between 30 and 7'
f �
0
Clear of
to � abetruction�
Lot Ilne 77>1'
20'-- - ----- -------
Street Street
B. Ground Equipment Near Municipal Parks
1. For the safety of Municipal Park patrons, particularly small children, and to allow for full line of sights
near Municipal Park property, the City discourages installation of ground equipment in a right-of-way
that is within a Park or within 250 feet of the boundary line of a Park.
C. Minimize Ground Equipment
1. In accordance with Chapter 284, Sec. 284.102 (1)to enhance the safety requirements of line of sight
of pedestrians, particularly small children,the City's discourages installation of network node ground
equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft.
or more.
5.5 Municipal Service Poles
A. In Accordance with Agreement
1. Installations on all service poles shall be in accordance with an agreement as allowed by Chapter 284,
Sec.284.056 and Sec. 284.101 (a) (3), and (b).
B. Required Industry Standard Pole Load Analysis
1. Installations on all Service Poles shall have an industry standard pole load analysis completed in
compliance with the National Electric Safety Code and submitted to the municipality with each permit
application indicating that the Service Pole to which the Network Node is to be attached will safely
support the load, in accordance with Chapter284.108.
C. Installations on Traffic Signals
1. Installations on all Traffic signal structures must not interfere with the integrity of the facility in any
way that may compromise the safety of the public and must be in accordance with an agreement as
allowed by Chapter 284, Sec. 284.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node
facilities on any traffic signal structures shall:
i. Be encased in a separate conduit than the traffic light electronics;
12
Exhibit A
ii. Have a separate electric power connection than the traffic signal structure;and
iii. Have a separate access point than the traffic signal structure.
D. Installations on Street Signage
1. Installations on all street signage structures must not interfere with the integrity of the facility in any
way that may compromise the safety of the public. Installation of Network Node facilities on any street
signage structures that has electrics shall:
i. Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure;and
iii. Have a separate access point than the signage structure.
SECTION 6. GENERAL AESTHETIC REQUIREMENTS
A. Concealment
1. 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, except to the extent not consistent with Chapter 284.
B. New Node Support Pole Spacing
1. The City discourages the installation of New Node Support Poles less than 300 feet from a utility pole or
another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize
effect on property values and aesthetics on the area.
C. Allowed Colors
1. Colors in Historic Districts and Design Districts with Decorative Poles must be approved by the City
Manager or designee from a palette of approved colors. Unless otherwise provided, all colors shall be
earth tones or shall match the background of any structure the facilities are located upon and all
efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts
and Design Districts with Decorative Poles shall conform to colors of other installations of
telecommunication providers in the immediately adjacent areas.
SECTION 7. ELECTRICAL SUPPLY
A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network
Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the
Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node,
Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or
shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or
13
Exhibit A
omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control
of the City.
B. Network Provider shall not allow or install generators or back-up generators in the Right-of-Way in accordance
with Chapter 284, Sec. 284.002 (12) (B) (1).
SECTION 8. 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. All work done in connection with the installation, operation, maintenance, repair,
modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support
Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes,
rules and regulations of the City, applicable county, the state, and the United States("Laws").
2. The contractor must call 811 before digging
3. For the installation of Node Support Poles, Hydro Vac excavation is strongly recommended; other
means will be evaluated on a case by case basis.
4. Extreme care must be taken during construction by the contractor due to the natural gas pipelines
which exist throughout the City and are not shown on the plans.
5. Adjacent to arterials or higher capacity roadways, breakaway posts must be used for the Installation of
Network Nodes and related wireless facilities.
6. The minimum horizontal distance between proposed pole and AEP overhead is 20'. Network Provider
is to coordinate with AEP to address the appropriate safe distance from the existing transmission line
and the existing overhead powerlines.
7. Some location may have to be recycled due to zoning comment or field conditions.
8. The applicant must address any additional comments from Utilities that may arise and get City
Approval for each tower.
B. Inspections
1. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network
Node, Node Support Pole or related ground equipment located in the Right-of-Way 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 sixty(60) days of the planned inspection.
Network Provider may have a representative present during such inspection.
SECTION 9. GENERAL PROVISIONS
14
Exhibit A
A. As Built Maps and Records
1. Network Provider shall maintain accurate maps and other appropriate records of its Network Node
facilities, Node Support Poles and related ground equipment as they are constructed in the Right-of-
Way, including, upon request,the use of Auto CAD/GIS digital format. The information provided by GIS
is for reference only. Network Provider will provide additional maps to the City upon request.
B. Courtesy and Proper Performance.
1. Network Provider shall make citizen satisfaction a priority in using the Right-of-Way. Network Provider
shall train its employees to be customer service-oriented and to positively and politely interact with
citizens when dealing with issues pertaining to its Micro Network Node, Network Node, Node Support
Pole and related ground equipment in the Right-of-Way. Network Provider's employees shall be clean,
courteous, efficient, and neat in appearance and committed to offering the highest quality of interaction
with the public. If, in the opinion of the City Manager or designee, Network Provider is not interacting in
a positive and polite manner with citizens, he or she shall request Network Provider to take all remedial
steps to conform to thesestandards.
C. Drug Policy.
1. It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture,
distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider's
employees, contractors, subcontractors, sub-Network Provider's, or vendors while on City rights-of-way
isprohibited.
D. Allocation of Funds for Removal and Storage
1. The City has appropriated $0 to pay for the cost of any removal or storage of Micro Network Node,
Network Node, Node Support Pole and related ground equipment, as authorized under this Article, and
no other funds are allocated.
E. Ownership
1. No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment
erected or placed on the right-of-way by Network Provider will become or be considered by the City as
being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node,
Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network
Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed
by Network Provider at any time, provided the Network Provider shall notify the City Manager of such
removal within thirty(30) days after removal.
F. Logo, Decals, Flashing Lights, RF Warning Sticker and Node IDs
1. Network Provider shall post its name, location identifying information, permit number and emergency
telephone number in an area on the cabinet of the Network Node facility that is visible to the public.
Signage required under this section shall not exceed 2 inches by 4 inches, unless otherwise required by
law(e.g. RF ground notification signs).
15
Exhibit A
i. Consider placing the node ID sticker on the underside of the equipment enclosure so it is only
visible when standing next to the pole and looking up. If the node ID sticker cannot be placed on
the underside of the main equipment arena, place the sticker on the side of the enclosure facing
in the direction of travel (e.g. north-facing for a pole on the right-hand side of the street on a
north-south street). Alternatively, consider combining with disconnect information.
ii. Use sticker colors that are more muted (e.g. tan), complementary or the same color as the
equipment but with white colored lettering.
iii. Utilize the smallest and lowest visibility (e.g. yellow instead of blue) radio-frequency(RF)
warning sticker required by the government or electric utility regulations. Place the RF sticker as
close to the antenna as possible, facing directly out toward the street, or directly away from the
street if there is no window or doorway within twenty-five (25)feet of the pole(preferred).
2. Except as required by laws or by the Utility Pole owner, Network Provider shall not post any other
signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service Pole or
Utility Pole.
3. Equipment shall not have flashing lights that are visible to the public.
4. All equipment manufacturer decals shall be removed unless removal of the decal invalidates the
manufacturer warranty, or the decal includes product identification information needed for product
replacement or repair.
5. All visibly depressed manufacturer logos on equipment boxes shall be filled in.
G. Tree Maintenance
1. Network Provider, its contractors, and agents shall obtain written permission from the City Manager
before trimming trees in the public right-of-way hanging over its Micro Network Node, Network Node,
or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node,
Network Node, or Node Support Pole. When directed by the City Manager, Network Provider shall trim
under the supervision and direction of the Parks Director. The City shall not be liable for any damages,
injuries, or claims arising from Network Provider's actions under this section. Network Providers are not
permitted to trim trees outside of the public right-of-way.
H. Graffiti Abatement
1. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider
receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node,
Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The
foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight
ordinance or regulation.
16
Exhibit A
I. Restoration
1. Network Provider shall repair any damage to the Right-of-Way, or any facilities located within the Right-
of-Way, and the property of any third party resulting from Network Provider's removal or relocation
activities (or any other of Network Provider's activities hereunder)within 10 calendar days following the
date of such removal or relocation, at Network Provider's sole cost and expense, including restoration of
the Right-of-Way and such property to substantially the same condition as it was immediately before
the date Network Provider was granted a Permit for the applicable Location or did the work at such
Location (even if Network Provider did not first obtain a Permit), including restoration or replacement of
any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be
subject to the sole, reasonable approval of the City Manager.
SECTION 10: DEFINITIONS
The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless
otherwise noted in this Section 2, below.2
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 180 consecutive
calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that
the applicable facilities, or portion thereof, is still in active use.
Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals
used in the provision of wireless services.
Applicable codes mean:
(A) uniform building,fire, electrical, plumbing, or mechanical codes adopted by a recognized national
code organization; and
(B) local amendments to those codes to the extent not inconsistent with Chapter 284.
City means the City of Corpus Christi, Texas or its lawful successor.
City Manager shall mean City Manager or designee
Chapter 284 means Tex. Loc. Gov. Code, Chapter 284.
Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement
of network nodes in a public right-of-way on or adjacent to a pole.
Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised,
camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is
visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic
or Design Districts with decorative poles. 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 fagade, blended with surrounding area design, painted to match the
supporting area, or disguised with artificial tree branches.
17
Exhibit A
Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no
appurtenances or attachments,other than specially designed informational or directional signage or temporary holiday
or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal
codes.
Design District means an area that is zoned, or otherwise designated by municipal code, and for which the city
maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly
induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but
is not limited to any declaration of emergency by city state or federal governmental authorities.
Distributed Antenna System or DAS shall be included as a type of"Network Node."
Easement means and shall include any public easement or other compatible use created by dedication, or by other
means,to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private
easement used for the provision of utilities.
Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor,
authorized to oversee cable television and other multi-channel regulation on a national level.
Highway right-of-way means right-of-way adjacent to a state or federal highway.
Historic district means an area that is zoned or otherwise designated as a historic district under municipal,state,or
federal law.
Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance.
Local means within the geographical boundaries of the City.
Location means the City approved and lawfully permitted location for the Network Node.
Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed
by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas.
Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in
width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches.
Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the
purpose of recreational activity.
Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility,as defined by
Section 11.003, Utilities Code, and located in a public right-of-way.
MUTCD means Manual of Uniform Traffic Control Devices.
Network node means equipment at a fixed location that enables wireless communications between user equipment
and a communications network. The term:
18
Exhibit A
(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.
Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node.
Permit means a written authorization for the use of the public right-of-way or collocation on a service pole
required from a municipality before a network provider may perform an action or initiate, continue, or complete a
project over which the municipality has police power authority.
Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.
Private easement means an easement or other real property right that is only for the benefit of the grantor and
grantee and their successors and assigns.
Provider has the same meaning as "Network Provider."
Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk,
alley,waterway, or utility easement in which the municipality has an interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public right-of-way with regard to wireless telecommunications.
Public right-of-way management ordinance means an ordinance that complies with Chapter 284, Subchapter C.
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 networknodes.
Small cell shall be included as a type of"Network Node."
19
Exhibit A
Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of
the curb to the inside of the opposite curb,or the area between the two parallel edges of the paved roadway forvehicular
travel where there is no curb. A"Street" is generally part of, but smaller in width than the width of the entire right-of-
way,while a right-of-way may include sidewalks and utility easements, a "Street" does not.A"street" does not include
the curb or the sidewalk, ifeither are present at the time of a permit application or if added later.
SWPPP shall mean Storm Water Pollution Prevention Plan.
TAS means Texas Accessibility Standards.
Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately
directed to stop and to proceed.
Transport facility means each transmission path physically within a public right-of-way, extending with a physical
line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
Underground Requirement Area shall mean means an area where poles, overhead wires, and associated overhead or
above ground structures have been removed and buried or have been approved for burial underground pursuant to
municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions,
that prohibit installing aboveground structures in a public right-of-way.
User means a person or organization which conducts a business over facilities occupying the whole or a part of a public
street or right-of-way, depending on the context.
Utility pole means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts;or
(B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code.
Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi,
whether at a fixed location or mobile, provided to the public using a network node.
Wireless service provider means a person that provides wireless service to the public.
Wireless facilities mean "Micro Network Nodes," "Network Nodes," and "Node Support Poles" as defined in Texas Local
Government Code Chapter 284.
20
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Caller Times
PART OF THE USA TODAY NETWORK
Certificate of NOTICE OF PASSAGE OF
ORDINANCE(S)
Publication
NO.031521,Ordinance amend-
ing Section 7.5"Signs"of the
In Matter of Publication of: Unified Development Code;
and providing for penalty.
NO.031523,Ordinance amend-
ing Corpus Christi Code to
adopt small cell network fees,
regulations,and Design Man-
ual; and providing for pen-
alty. These ordinances were
CORPUS CHRISTI passed and approved on sec-
CITY OF CORPUS CHRISTI and reading by the Corpus
PO BOX 9277 28 r201isti8 City Council on August
/s/Rebecca Huerta
CORPUS CHRISTI,TX 78469-9277
City Secretary
State of Wisconsin) NOTICE OF PASSAGE OF
))§ ORDINANCE(S)
County of Brown) NO.031521,Ordinance amend-
ing Section 7.5"Signs"of the
I,beingfirst dui sworn,upon oath depose and say that I am a legal unified Development code;
Y P y � and providing for penalty.
clerk and employee of the publisher, namely, the Corpus Christi NO.o31s23,Ordinance amend-
Caller-Times, a dally newspaper published at Corpus Christi In in gg Corpus Christi code to
said City and State, generally circulated In Aransas, Bee, Brooks, ado lationsmall andell Desi n an-
regulations,and Design Man-
Duval, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San ual; and providing for pen
Patricio, Counties, and that the publication of which the annexed alty. These ordinances were
is a true copy, was inserted in the Corpus Christi Caller-Times on passed and approved on sec-
the following dates: and reading by the Corpus
g Christi City Council on August
28,2018.
September 3, 2018 /s/Rebecca Huerta
City Secretary
k ne
Lebal C
On this September 4,2018, 1 certify that the attached document is
a true and exact copy made by publisher.
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Notary Pu S Public, of WI onsinj ounty of Brown
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