City of Canyon Commission Meetings

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 2nd day of October 2017, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of September 11, 2017. 5. Public Comment – Comments from Interested Citizens. 6. Update from Municipal Court Judge and City Attorney on Recent Legislative Action. 7. Consider and Take Appropriate Action on Ordinance No.1071, Regulating Small Wireless Facility Siting and Design. 8. Consider and Take Appropriate Action on Resolution No. 21-2017 Regarding Nominations for Potter- Randall Appraisal District Directors. 9. Executive Session Pursuant to §551.071 Consultation with Attorney, §551.072 Deliberation Regarding Real Property, and §551.087 Economic Development Negotiations. 10. Consider and Take Appropriate Action on Items Discussed in Executive Session. 11. Adjourn. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 29th day of September 2017. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting September 11, 2017 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Mayor Pro-Tem Justin Richardson, Paul R. Lyons and Roger Remlinger. Commissioner Cordell Jones was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Public Works Director Dan Reese, Director of Parks and Recreation Brian Noel, Assistant City Manager for Special Projects Jon Behrens, Director of Code Enforcement Danny Cornelius, Safety Director Tony Lawson, Librarian Sandra Munger and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:35 p.m. Item 2. Invocation. Commissioner Lyons gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Mayor Pro-Tem Richardson. Item 4. Approval of Minutes of the Meeting of September 5, 2017. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger, to approve the minutes of September 5, 2017 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No comments were made. Item 6. Consider and Take Appropriate Action on Resolution No. 20-2017, Suspending the Effective Date of a Rate Case Filed on August 21, 2017. City Manager Randy Criswell presented Resolution No. 20-2017 for consideration. After brief discussion Commissioner Lyons moved, duly seconded by Mayor Pro-Tem Richardson to adopt Resolution No. 2017 as presented. Motion carried unanimously. RESOLUTION NO. 20-2017 A RESOLUTION BY THE CITY OF CANYON, TEXAS (“CITY”) SUSPENDING SOUTHWESTERN PUBLIC SERVICE COMPANY’S PROPOSED EFFECTIVE DATE IN CONNECTION WITH ITS STATEMENT OF INTENT SUBMITTED ON ABOUT AUGUST 21, 2017; CONTINUING THE CITY’S PARTICIPATION IN THE ALLIANCE OF XCEL MUNICIPALITIES (“AXM”) DIRECTING THE ACTIVITIES OF LAWYERS AND CONSULTANTS RELATED TO SPS’S RATE City Commission Meeting September 11, 2017 Page 2 of 5 PROCEEDINGS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; REQUIRING SPS TO PROVIDE PROOF OF PUBLICATION OF NOTICE; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Item 7. Consider and Take Appropriate Action on Ordinance No. 1062 Annexation of JJ Randall, LLC, Property. City Manager Randy Criswell presented Ordinance No. 1062 for final consideration. Mr. Criswell stated all public hearing and legal posting requirements had been met. Commissioner Remlinger moved, duly seconded by Commissioner Lyons to approve Ordinance No. 1062 as presented. Motion carried unanimously. ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY OF CANYON, TEXAS, ANNEXING THE TERRITORY HEREIN DESCRIBED TO THE CITY OF CANYON IN RANDALL COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF THE CITY OF CANYON TO INCLUDE THE PROPERTY HEREIN DESCRIBED WITHIN THE SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. Item 8. Consider and Take Appropriate Action on Ordinance No. 1065, Approving a Budget for the City of Canyon for Fiscal Year October 1, 2017 Through September 30, 2018. Assistant City Manager Chris Sharp presented Ordinance No. 1065 for consideration. The Mayor and each Commissioner expressed appreciation to City of Canyon staff on doing a good job. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger to approve Ordinance No. 1065 as presented. Motion carried unanimously. ORDINANCE NO. 1065 AN ORDINANCE ADOPTING AND APPROVING A BUDGET FOR THE CITY OF CANYON, TEXAS, FOR THE FISCAL YEAR OCTOBER 1, 2017 THROUGH SEPTEMBER 30, 2018. Item 9. Consider and Take Appropriate Action on Ordinance No. 1066 Setting the Tax Rate and Tax Levy for the year 2017. Assistant City Manager Chris Sharp presented Ordinance No. 1066 for consideration. City Commission Meeting September 11, 2017 Page 3 of 5 Commissioner Remlinger moved, duly seconded by Commissioner Lyons to adopt Ordinance No. 1066, and that the property tax rate be increased by the adoption of a rate of $0.45484, which is effectively a 4.78% increase in the tax rate, and sets the interest and sinking fund rate of $.06401. Motion carried unanimously. ORDINANCE NO. 1066 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, SETTING THE AD VALOREM TAX RATE OF THE CITY OF CANYON, FOR THE YEAR 2017 AT A RATE OF $0.45484 PER ONE HUNDRED DOLLARS ($100.00) VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CANYON SPECIFYING SEPARATE COMPONENTS OF SUCH RATE FOR OPERATIONS AND MAINTENANCE AND FOR DEBT SERVICE; LEVYING AN AD VALOREM TAX FOR THE YEAR 2017; ESTABLISHING AN EFFECTIVE DATE; PROVIDING FOR COLLECTION AND ORDAINING OTHER RELATED MATTERS; REPEALING CONFLICTING ORDINANCES. Item 10. Consider and Take Appropriate Action on Ordinance No. 1067, Repealing Ordinance No. 1040, Amending Chapter 51 of the Water and Sewer Code of the City of Canyon, Texas, Sections 51-21, by Increasing Rates for Water Service. Assistant City Manager Chris Sharp presented Ordinance No. 1067 for consideration. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger to adopt Ordinance No. 1067 as presented. Motion carried unanimously. ORDINANCE NO. 1067 AN ORDINANCE REPEALING ORDINANCE NO. 1040 OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 51 OF THE WATER AND SEWER CODE OF THE CITY OF CANYON, TEXAS, SECTION 51-21, BY INCREASING RATES FOR WATER SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. Item 11. Consider and Take Appropriate Action on Ordinance No. 1068, Repealing Ordinance No. 1028, Amending Chapter 51 of the Water and Sewer Code of the City of Canyon, Texas, Sections 51-21, by Increasing Sewer Rates. Assistant City Manager Chris Sharp presented Ordinance No. 1068 for consideration. Commissioner Remlinger moved, duly seconded by Commissioner Lyons to adopt Ordinance No. 1068 as presented. Motion carried unanimously. ORDINANCE NO. 1068 AN ORDINANCE REPEALING ORDINANCE NO. 1028 OF THE CITY OF CANYON, TEXAS; AMENDING CHAPTER 51 OF THE WATER AND SEWER CODE OF THE CITY OF CANYON, TEXAS, SECTION 51-22, BY INCREASING SEWER RATES; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. City Commission Meeting September 11, 2017 Page 4 of 5 Item 12. Consider and Take Appropriate Action on Ordinance No. 1069, Repealing Ordinance No. 1041, Amending Chapter 50 of the Garbage and Trash Code of the City of Canyon, Texas, Subsection 50-18, by Increasing Rates for Trash Disposal. Assistant City Manager Chris Sharp presented Ordinance No. 1069 for consideration. Commissioner Lyons moved, duly seconded by Commissioner Remlinger to adopt Ordinance No. 1069 as presented. Motion carried unanimously. ORDINANCE NO. 1069 AN ORDINANCE REPEALING ORDINANCE NO. 1041 OF THE CITY OF CANYON, TEXAS; PERTAINING TO GARBAGE AND TRASH RATES; AMENDING CHAPTER 50, “GARBAGE AND TRASH” OF THE CODE OF ORDINANCES OF THE CITY OF CANYON, TEXAS, BY AMENDING SUBSECTION 50-18 PROVIDING FOR GARBAGE AND TRASH DISPOSAL BY CITY ONLY AND ESTABLISHING RATES THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. Item 13. Consider and Take Appropriate Action on Ordinance No. 1070, for 2016-2017 Budget Amendment. Assistant City Manager Chris Sharp presented Ordinance No. 1070 for consideration. Mr. Sharp said Ordinance No. 1070 lists the expenditures that were more than originally budgeted for 2016- 2017. Mr. Sharp verified that the large item expenditures were approved by the Commission over the course of the last budget year. Mayor Pro-Tem Richardson moved, duly seconded by Commissioner Remlinger to adopt Ordinance No. 1070 as presented. Motion carried unanimously. ORDINANCE NO. 1070 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS, AMENDING THE CITY’S BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 AS ADOPTED BY ORDINANCE 1038; PROVIDING FOR SUPPLEMENTAL APPROPRIATIONS AND TRANSFER OF CERTAIN FUNDS; PROVIDING THAT PRIOR PARTS OF ORDINANCE 1038 INCONSISTENT WITH OR IN CONFLICT WITH ANY OF THE PROVISIONS OF THIS ORDINANCE ARE HEREBY EXPRESSLY REPEALED TO THE EXTENT OF ANY SUCH INCONSISTENCY OR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Item 11. Executive Session Pursuant to §551.072 Deliberation Regarding Real Property, §551.074, Personnel Matters (City Engineer). Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:25 pm. Mayor Pro-Tem Richardson excused himself from the meeting at 7:05 pm. City Commission Meeting September 11, 2017 Page 5 of 5 Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 8:03 pm, the following action was taken. Commissioner Remlinger moved, duly seconded by Commissioner Lyons to approve the purchase of property located at 1604 2nd Ave for a final purchase price of $74,900, and grant City Manager Randy Criswell the power to execute all papers necessary pertaining to the purchase. Motion carried unanimously. Item 13. Adjournment. There being no further business, Commissioner Remlinger moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 6 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 2, 2017 Re: Update from Municipal Court Judge and City Attorney on Recent Legislative Action. Judge Splawn and Chuck have asked to present a report to you on the recent legislative session and a few bills that will affect us and how. Here’s a cut and paste from an email from the Judge: Randy, Here is a blurb regarding the legislative update Chuck, Sheila and I will do on October 2. The 85th Legislative session made several changes to the law and the procedures which govern Municipal Courts. Four bills will impact the Court. All of these laws went into effect on September 1, 2017. H.B. 62 - Prohibits the use of electronic messaging while operating a motor vehicle. The significance of this law is that it creates a conflict with a city ordinance that regulates texting and driving. H.B. 351/S.B. 1913 - Establishes procedures that municipal courts must follow when dealing with people who may not have the ability to pay fines and court costs. Canyon's municipal court used many of these procedures prior to this law. The biggest change for us will be the documentation of procedural compliance. S.B. 42 - This law deals with court security. It will require us to have a full-time bailiff within two years. S.B. 1911 - Is related to H.B. 351/S.B. 1913. It requires municipal courts provide defendants with information regarding legal resources. City of Canyon REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Jon Behrens, Assistant to the City Manager Date: September 25, 2017 Re: Consider and Take Appropriate Action on Ordinance No. 1071, Regulating Small Wireless Facility Siting and Design. Senate Bill 1004 was signed by the Governor on June 9, 2017, with an effective date of September 1, 2017. This new law imposes strict limitations on cities’ regulation of what are known as “small cell antennas” or “distributed antenna systems”. This law allows the wireless communicaitons industry to place node support poles and network nodes in the public right-of-way within the City of Canyon. The Texas Municipal League has provided Texas cities with multiple documents related to this law. Danny Cornelius, Dan Reese and I reviewed these documents and drafted the attached documents. The Ordinance and the Design Manual should provide the level of municipal control that is allowed under Senate Bill 1004. The Design Manual will provide the vendors with the guidance necessary to meet our ordinance. It is staff’s recommendation that Ordinance 1071 and the associated Design Manual be adopted by the City Commission. Danny, Dan and I can answer any questions you may have related to these documents. . City of Canyon  Design Manual for the installation of Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov. Code, Chapter 284. Canyon, Texas 2017 1  Table of Contents SECTION 1. PURPOSE AND APPLICABILITY................................................................................................................ 3 SECTION 2. DEFINITIONS..................................................................................................................................................... 3 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ............................................................. 7 SECTION 4. GUIDELINES ON PLACEMENT. ................................................................................................................. 9 SECTION 5. GENERAL AESTHETIC REQUIREMENTS ............................................................................................. 13 SECTION 6. ELECTRICAL SUPPLY ................................................................................................................................. 14 SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS........................................... 14 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR ........................................................................................................................................... 14 SECTION 9. INSTALLATION AND INSPECTIONS ...................................................................................................... 16 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ................................... 17 SECTION 11. GENERAL PROVISIONS. .......................................................................................................................... 17 SECTION 12. DESIGN MANUAL - UPDATES...................................... ERROR! BOOKMARK NOT DEFINED. 2 SECTION 1. PURPOSE AND APPLICABILITY The City of Canyon (“City”) recognizes that the State of Texas has delegated to the City the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities. Purpose Texas Local Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as “Micro Network Nodes”, “Network Nodes”, and “Node Support Poles”. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.301, the City 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 telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Applicability 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 This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of Network nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state law. A Network Provider shall comply with the City’s Rights-of-Way Management Ordinance except where in conflict with this Design Manual or Chapter 284, Subchapter C. SECTION 2. 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. 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 3 Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means: (A) Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) Local amendments to those codes to the extent not inconsistent with Chapter 284. City means the City of Canyon, 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. 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. 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.” 4 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. Mayor means the Mayor for the City. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual of Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: • equipment associated with wireless communications; • a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and • coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and 5  (B) does not include: • an electric generator; • a pole; or • 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: • network nodes; or • 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 network nodes. Small cell shall be included as a type of “Network Node.” 6 Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “Street” is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of- way may include sidewalks and utility easements, a “Street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Underground Requirement Area shall mean 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. SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. B. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate City Agreement or Subject to Concealment Conditions. 7  1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104 (a), a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a Municipal park or is adjacent to a street or thoroughfare that is: • 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 • adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Each permit application shall disclose if it is within a Municipal Park and Residential Areas as described above. 2. Historic Landmarks. 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. It is recommended that each permit application disclose if it is with 300 feet of such a structure. 3. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. • Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. • Each permit application shall disclose if it is within an area that has undergrounding requirements. 8 B. Exceptions 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. C. Order of Preference regarding Network Node attachment to existing facilities and New Node Support Poles 1. Existing telephone or electrical lines between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. 2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. 3. Municipal Service Poles: a. Non-decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). c. Street signage shall be a low priority use for attachment of a Network Node. d. Other municipal Service pole use is discouraged. 4. New node support poles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground Equipment. Ground equipment should be minimal and the least intrusive. SECTION 4. GUIDELINES ON PLACEMENT. A. Generally In accordance with Chapter 284.102, a Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of-way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this Design Manual. 9  5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). B. General Requirements and Information: 1. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each application and with each request for a permit for each location. 1 2. State and Federal Rights-of-way permit. If the project lies within a Highway Right-of- Way, the applicant must provide evidence of a permit from the State or Federal Government. 3. Confirmation of non-interference with City Safety Communication Networks. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety radio system, traffic signal light system, or other city safety communications components in accordance with Chapter 284, Sec. 284.304. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider’s proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on City’s public safety radio infrastructure. 4. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: a. Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of- Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City 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 promptly remove the Network Node facilities, Node Support Poles or ground equipment. b. Notice to Remove unauthorized facilities and relocate and penalty: After 30 days’ notice to remove of Network Node facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty as stated in Section 10.99 of the Code per day penalty until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider’s contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Rights-of-way management ord., and other applicable ordnances concerning improperly located facilities in the rights- of-way. 10 C. Underground Requirement Areas 1. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 2. If a location is designated by the City to transits to be an Underground Requirement Area, then a Network Provider’s permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. D. Network Node facilities placement: 1. Right-of-Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right-of-Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. 2. Height above ground. Network Node attachments to a pole shall be installed at least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Limit on number of Network Nodes per Site. There shall be no more than one Network Node on any one Pole. E. New Node Support Poles 1. New Node Support Poles Spacing. New node support poles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 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. 2. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed the lesser of: 11  (a) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (b) 55 feet above ground level. F. Ground Equipment 1. Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. 2. Ground Equipment near Municipal Park:. 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 and Parks Director in writing. 3. Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’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 25 sq. ft. or more. G. Municipal Service Poles: 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. 3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal structures shall: • Be encased in a separate conduit than the traffic light electronics; • Have a separate electric power connection than the traffic signal structure; and 12  • Have a separate access point than the traffic signal structure; and 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: • Be encased in a separate conduit than any City signage electronics; • Have a separate electric power connection than the signage structure; • Have a separate access point than the signage structure; and SECTION 5. GENERAL AESTHETIC REQUIREMENTS A. Concealment 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105. 2. It is also the City’s preference that all new node support poles be camouflaged, except those located in an area zoned or predominantly industrial area. Companies shall submit their proposal for camouflage with the permit application. 3. The Network Node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing New node support poles shall be at a minimum 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. Minimize Ground Equipment Concentration In order to minimize negative visual impact to the surrounding area, and in accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on property values and aesthetics on the area. 13 SECTION 6. ELECTRICAL SUPPLY 1. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. 2. 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 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 1. Insurance, bonding and security deposits shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov’t Code. SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR A. REMOVAL OR RELOCATION BY NETWORK PROVIDER. Removal and relocation by the Network provider of its Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284 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 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. B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT. 1. Removal and Relocation of Network Provider’s Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof required for a City project shall be in strict accordance with the City’s rights-of-way management ordinance, 14  and other applicable ordinances, except to the extent not consistent with Chapter 284, Sec. 284.107, except as provided in existing state and federal law. 2. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way 3. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way for City construction projects as allowed by state and feral law, including the common-law. 4. Network Provider shall, at the City Manager’s direction, remove or relocate the same at Network Provider’s sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street ort public rights-of-way to enhance the traveling publics use for travel and transportation. 5. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider’s receipt of the request, then the City shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider’s sole cost and expense, without further notice to Network Provider. 6. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER REASONS. 1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law in strict accordance with the City’s rights-of-way management 15  ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense in strict accordance with the City’s rights-of- way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 3. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Manager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense. 4. The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 5. Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 9. INSTALLATION AND INSPECTIONS A. INSTALLATION Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284 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 16  replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States (“Laws”). B. INSPECTIONS 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 shall be allowed in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284 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 five business days of the planned inspection. Network Provider may have a representative present during such inspection. SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. Abandoned or obsolete Micro Network Node, Network Node, Node Support Pole and related ground equipment shall be removed in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right-of- Way, the Network Provider shall notify the City Manager and City Manager in writing of such removal or Abandonment and shall file with the City Manager and City Manager the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment removed or Abandoned. The City Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way. 17 SECTION 11. GENERAL PROVISIONS 1. As Built Maps and Records. Network Provider’s as built maps and records shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall maintain accurate maps and other appropriate records of its Network Node facilities, Node Support Poles and related ground equipment as they are actually constructed in the Rights-of-Way, including, upon request, the use of Auto CAD/GIS digital format. Network Provider will provide additional maps to the City upon request. 2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network provider’s personnel, and contractors shall be in strict accordance with the City’s rights- of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 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 these standards. 3. DRUG POLICY. Drug policy of Network provider’s personnel, and contractors in the rights-of-way shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 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 is prohibited. 4. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. 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. 5. OWNERSHIP. Ownership of Network Node and related equipment shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 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 18 Network Provider at any time, provided the Network Provider shall notify the City Manager prior to any work in the Right-of-Way. 6. Tree Maintenance. Tree maintenance shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider, its contractors, and agents shall obtain written permission from the City Manager before trimming trees hanging over its Micro Network Node, Network Node, or Node Support Pole, to prevent branches of such trees from contacting attached Micro Network Node, Network Node, or Node Support Pole. When directed by the City Manager, Network Provider shall trim under the supervision and direction of the Parks Director. The City shall not be liable for any damages, injuries, or claims arising from Network Provider’s actions under this section. 7. Signage. Signage shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is visible to the public. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. 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. 8. Graffiti Abatement. Graffiti abatement shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 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. 9. Restoration. Network Provider shall restore and repair of the rights-of-way from any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 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 19  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. 10. Network provider’s responsibility 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 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. 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. SECTION 12. 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 is approved and as amended from time to time. 20  ORDINANCE NO. 1071 SMALL WIRELESS FACILITY SITING ORDINANCE AN ORDINANCE OF THE CITY OF CANYON AMENDING CHAPTER 157; CONSTRUCTION AND MAINTENANCE IN THE PUBLIC RIGHTS-OF-WAY, OF THE CITY OF CANYON CODE OF ORDINANCES BY ADDING SECTION 157.13, ESTABLISHING STANDARDS FOR NETWORK NODES AND NODE SUPPORT POLES IN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF CANYON, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR PENALTY; PROVIDING FOR PUBLISHING AND AN EFFECTIVE DATE. WHEREAS, the City of Canyon (“City”) seeks to encourage wireless infrastructure investment by providing a fair, reasonable, and predictable process for the deployment of network nodes and node support poles, while managing the public right-of-way in the overall interests of the public health, safety and welfare; and WHEREAS, the City intends to fully comply with and implement Chapter 284 of the Texas Local Government Code and comply with federal law to the extent it preempts local control. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CANYON TEXAS; SECTION 1: That Section 157.13 Small Wireless Facilities is hereby added as follows: Purpose and Scope (A) Purpose. The purpose of this Chapter is to establish policies and procedures for the placement of node support poles in the right-of -way and network nodes in the public right-of-way and on service poles within the City’s jurisdiction, which will provide public benefits and will be consistent with the preservation of the integrity, safe usage, and visual qualities of the City public right-of-way and the City as a whole. (B) Intent. In enacting this Chapter, the City is establishing uniform standards to address issues presented by network nodes, including without limitation, ensuring that network nodes or node support poles do not adversely affect, (1) use of streets, sidewalks, alleys, parkways and other public ways and places; (2) vehicular and pedestrian traffic; (3) the operation of facilities lawfully located in public right-of-way or public property; (4) the ability of the City to protect the environment, including the prevention of damage to trees; 1  (5) the character of residential and historic areas, and city parks, in which network nodes may be installed; and (6) the rapid deployment of network nodes to provide the benefits of wireless services. (C) Conflicts with Other Chapters. This Chapter supersedes all Chapters, parts of Chapters or rules adopted prior hereto that are in conflict herewith, to the extent of such conflict. Definitions All terms used in this Chapter, not specifically defined herein, have the meaning provided in Chapter 284 of the Texas Local Government Code. (A) “City Code” means those ordinance provisions relevant to use of the public right-of-way where compliant with applicable law. (B) “Applicable Law” means Chapter 284 of the Texas Local Government Code. (C) “Applicant” means any person who submits an application and is a network provider. (D) “Application” means a request submitted by an applicant (i) for a permit to collocate network nodes; or (ii) to install a transport facility; or (iii) approve the installation, replacement or modification of a pole. (E) “Day” means calendar day. (F) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City. (G) “Routine Maintenance” means (i) work in the public right-of-way that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (ii) replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or (iii) the installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in the public right-of-way. (H) “Technical Grounds” means, in light of prevailing industry and engineering standards, reasons of insufficiency of capacity, safety, reliability and/or generally applicable engineering purposes consistent with applicable law and City Code. Permitted Use; Application and Fees (A) Permitted Use: Collocation of network nodes and the placement of node support poles, meeting the parameters set forth in the section titled “Network Nodes in public right-of-way: Maximum Height; Other Requirements” below and in applicable law, shall be a permitted use. No zoning or land use review shall apply, subject to the requirements in the section. 2 (B) Permit Required. No person shall place a network node, transport facility or node support pole in the public right-of-way, without first filing a permit application and obtaining a permit therefore, except as otherwise provided in this Chapter. (C) Permit Application. All permit applications filed pursuant to this Chapter shall be on a form, paper or electronic, provided by the City. The Applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as “proprietary” or “confidential” by clearly marking each page of such materials accordingly. (D) Application Requirements. The permit application shall be made by the network provider or its duly authorized representative and shall contain the following: (1) The Applicant’s name, address, telephone number, and e-mail address. (2) The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the Applicant with respect to the filing of the application. (3) Construction and engineering drawings and information confirming that the construction will be consistent with City Code. (E) Routine Maintenance and Replacement. A permit application shall not be required for: (i) routine maintenance; or for (ii) the replacement of a node with another node that is substantially similar. (F) Information Updates. Any amendment to information contained in a permit application shall be submitted in writing to the City within 30 days after the change necessitating the amendment. (G) Application Fees. All applications for permits pursuant to this Chapter shall be accompanied by a fee of $500 for up to five network nodes addressed in the same application, $250 for each additional node in the same application; and a fee of $1000 for each node support pole. Action on Permit Applications (A) Review of Applications. The City shall review applications for network nodes, node support poles and transport facilities in light of their conformity with applicable law and City Code and shall issue such permits on nondiscriminatory terms and conditions subject to the following requirements: (1) Within 30 days of receiving an application for a network node or node support pole, or 10 days for a transport facility, the City shall determine and notify the Applicant whether the application is complete; or if incomplete, the City must specifically identify the missing information in such notification. There shall be no fee charged for completion and resubmittal of an application. (2) The City shall make its final decision to approve or deny a complete application no later than (i) 21 days after receipt of a complete application for a transport facility, (ii) 60 days after receipt of a complete application for a network node; and (iii) 150 days after receipt of a completed application for a new node support pole. 3  (3) The City shall advise the Applicant in writing of its final decision, and, if denied, the basis for that denial, including specific provisions of City Code or applicable law on which the denial was based, and send the documentation to the Applicant on or before the day the City denies the application. The Applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 90 days of receipt of the amended application. The subsequent review by the City shall be limited to the deficiencies cited in the original denial. (4) If the City fails to act on an application within the review period specified in this subsection, the application shall be deemed approved. (5) An applicant seeking to collocate network nodes may, at the Applicant’s discretion, file a consolidated application and receive permits for up to 30 network nodes. Provided however, the City’s denial of any node within a single application shall not affect other nodes submitted in the same application. The City shall grant permits for any and all nodes in a single application that it does not deny, subject to the requirements of this Section. (B) Review of Eligible Facilities Requests. Notwithstanding any other provision of this Chapter, the City shall approve and may not deny applications for eligible facilities requests within sixty (60) days according to the procedures established under 47 CFR 1.40001(c). Network Nodes in the Public right-of-way; Maximum Height; Other Requirements (A) Maximum Size of Permitted Use. Collocation of permitted use network nodes in the public right-of-way shall be subject to the size limitations specified in Chapter 284.003 of the Local Government Code. (B) Undergrounding Provisions. A network provider shall comply with nondiscriminatory undergrounding requirements, including Chapter 157, 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. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure. (C) Historic Areas and Design Districts. Subject to the permit application approval time frames in Subsection Action on Permit Applications, a network provider must obtain advance approval from the City before collocating new network nodes or installing new node support poles in any areas zoned or designated as a historic district or as a design district if the district has decorative poles. Such installations shall be subject to the design and aesthetic standards of such areas. (D) Installation in Municipal Parks and Residential Areas. A network provider may not install a new node support pole in a public right-of-way without the City’s discretionary, nondiscriminatory, written consent of the City if the public right-of-way is located in a municipal park or is adjacent to a street or thoroughfare that is 1) not more than 50 feet wide; and 2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. A network provider shall comply with private deed 4  restrictions and other private restrictions when installing network nodes in parks and residential areas. (E) Zoning. A network provider seeking to construct, replace or modify a pole or node in the public right-of-way shall be subject to applicable zoning requirements. Effect of Permit (A) Authority Granted. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this Chapter, and does not create a property right or grant authority to the Applicant to impinge upon the rights of others who may already have an interest in the public right-of-way. (B) Time of Installation. A network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion. Provided, however, the City may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider. (C) Right to Occupy. Once a network provider has collocated a network node or placed a node support pole pursuant to a permit, the provider shall be permitted to continue to maintain such collocation or such pole unless required to remove or relocate under the terms of this Chapter. (D) Interference with other utilities and network nodes . City will not grant a permit to any Person to install any network node or other wireless facility if the City knows or has reason to know that such Person’s use of such network node of other wireless facility may in any way adversely affect or interfere with the use and operation of an existing public or private utility or operational network node for which the City has previously issued a permit. Removal, Relocation or Modification of Network Nodes in the ROW (A) Notice. Within 90 days following written notice from the City, a network provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any network node or node support pole within the public right-of-way whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any City improvement in or upon, or the operations of the City in or upon, the public right-of-way. (B) Emergency Removal or Relocation of Facilities. The City retains the right and privilege to disconnect or move any network node 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 public health or safety emergency. 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 and shall notify the network provider after disconnecting or removing a network node or node support pole. (C) Abandonment of Facilities. Upon abandonment of a network node or node support pole within the public right-of-way, the network provider shall notify the City within 90 days. Following 5  receipt of such notice, the City may direct the network provider to remove all or any portion of a network node or node support pole if the City, or any of its departments, determines that such removal is necessary to protect public health, safety and welfare. Public Right-of-Way Rate (A) Annual Rate. Once a network provider has installed and made operational a network node in the public right-of-way, network provider shall pay to the City compensation for use of the public right-of-way in the amount of $250 annually per node in the City public right-of-way. (B) Cease Payment. A network provider is authorized to remove its facilities at any time from the public right-of-way and cease paying the City compensation for use of the public right-of-way following removal and notification to the City of such removal. Attachment to Service Poles in the Public Right-of-Way A network provider shall be permitted to attach network nodes to city-owned service poles, consistent with applicable law and City Code and subject to the requirements specified herein. (A) Permits. A network provider shall obtain a permit, pursuant to the terms of this Chapter, prior to collocating network nodes on service poles. (B) Make Ready. Network Provider shall be responsible for costs for make ready work on City service poles to which provider seeks to place a network node. (C) Technical Limitations. In the event the City determines, based upon technical grounds, that inadequate space exists on a service pole to accommodate the proposed network node, such pole may be replaced by network provider, at the network provider’s expense, with a service pole with adequate space to accommodate the proposed network node. (D) Facilities Rearrangements. If another provider would have to rearrange or adjust any of its facilities to accommodate a new network node, the City shall use reasonable efforts to work with the affected providers to coordinate such activity. All make ready work shall comply with NESC, and other applicable codes. The Applicant shall not be responsible for any third-party costs, including those of other network providers, to adjust existing attachments that are non-compliant with the NESC and other applicable codes at the time of the application. (C) Service Pole Attachment Fee. The rate to collocate a network node on a service pole in the public right-of-way shall be $20 per pole per year. Subject to the provisions of Subsection Transport Facilities, such compensation together with the application fee and the public right-of-way rate specified in Subsection Public Right-of-Way Rate shall be the sole compensation that the network provider shall be required to pay to the City. (D) Cease Payment. A network provider is authorized to remove its facilities at any time from a service pole in the public right-of-way and cease paying the attachment fee to the City upon notification to the City that the facilities have been removed. 6 Transport Facilities Installation of transport facilities, including applicable compensation to the City for such facilities, shall be governed by Chapter 284.055 of the Texas Local Government Code. Design Manual A network provider shall comply with the City’s design manual, if any, in place on the date a permit application is filed in relation to work for which the City has approved a permit application. The City’s design manual may not conflict with applicable law and must be competitively neutral. SECTION 2: Severability. If any provision, section, subsection, sentence, clause, or the application of the same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Commission of the City of Canyon, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. SECTION 3: Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance. SECTION 4: Penalty. It is an offense to violate any part of this ordinance, punishable upon conviction in accordance with Section 10.99 of the City of Canyon Code of Ordnances. SECTION 5: Publishing and Effective Date. This ordinance shall be published according to law and become effective October 18, 2017. INTRODUCED AND PASSED at the regular meeting of the City Commission on the 2nd day of October, 2017. ________________________ GARY HINDERS, MAYOR ATTEST: __________________________ Gretchen Mercer, City Clerk 7 REGARDING ITEM 8 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: October 2, 2017 Re: Consider and Take Appropriate Action on Resolution No. 21-2017, Making Nominations to Potter Randall Appraisal District Board of Directors. As a taxing entity in Randall County, you have the opportunity to nominate and vote on members of the Potter Randall Appraisal District Board of Directors. The information is attached to this memo. You may nominate up to 5 candidates. In the past, the City of Canyon nominated Joe Shehan, who does not want to be reappointed. The other taxing entities will also make nominations, and the final votes will be cast in December. Resolution No. 21-2017 has been prepared for this nomination process. If you want to make any nominations, we can fill in the names and adopt the Resolution. City of Canyon  RESOLUTION NO. 21-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, TEXAS IN ORDER TO MAKE NOMINATIONS TO THE BOARD OF DIRECTORS OF RANDALL COUNTY APPRAISAL DISTRICT. WHEREAS, Section 6.03(c) of the Texas Property Tax Code requires the election of the board of directors of an appraisal district by vote of the governing bodies of the taxing entities entitled by the Code to vote; and WHEREAS, the City of Canyon is entitled to submit nominees by resolution to the Chief Appraiser for members to serve two-year terms beginning on January 1, 2018; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CANYON: SECTION 1. That the nominee(s) for the ballot for the Randall County Appraisal District Board of Directors are: 1) INTRODUCED AND PASSED by the City Commission of The City of Canyon, this 2nd day of October, 2017. ________________________________ Gary Hinders, Mayor ATTEST: _______________________________ Gretchen Mercer, City Clerk