§ 74.234. 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, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 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 V.T.C.A., Local Government Code Ch. 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, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 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 no funds to pay for the cost of any removal or storage of micro network node, network node, node support pole and related ground equipment, as authorized under this article.

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, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 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 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 V.T.C.A., Local Government Code Ch. 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, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 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"×6", unless otherwise required by law (e.g. RF ground notification signs) or the city manager.

Except as required by law 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, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 284.

As soon as practical, but not later than 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 V.T.C.A., Local Government Code Ch. 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 ten 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.

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 V.T.C.A., Local Government Code Ch. 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.

(Ord. No. 2017-56 , § 2(Exh. A, Sec. 11), 11-8-17)