RE 2019-0226.1 Service Pole CollocationRESOLUTION NO. 2019-0226.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
SERVICE POLE COLLOCATION LOCATION LICENSE AGREEMENT
BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND VARIOUS
NETWORK PROVIDERS; AUTHORIZING THE CITY MANAGER TO
SIGN, WHICH IS ATTACHED HERETO AS EXHIBIT A; REPEALING
ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to enter into a license agreement with various network
providers; and
WHEREAS, Licensees will request under the Coppell ordinance and design standards
located its small node antennas on municipal owned service policies in the public Right -of -Way
to the extent permitted by Chapter 284; and
WHEREAS, the City of Coppell, as a home -rule city, has the authority to manage the
public right-of-way to ensure the health, safety, and welfare of the public; and to receive from
network providers fair and reasonable compensation for use of the public right-of-way and for
collocation on poles; and
WHEREAS, the Licensee's non-exclusive use at locations in its Public Right -of -Way, are
subject to the terms and conditions set forth herein, and pursuant to Permits issued by the City
Manager or his designee; and
WHEREAS, the City Council find it is in the best interest of the City of Coppell and its
citizens to approve the forums and conditions of the form license agreement which is attached hereto
as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS THAT:
SECTION 1. The City Council hereby approves the terms and conditions of the service
pole collocation location license agreement by and between the city of City of Coppell and various
network providers, and hereby authorizes the City Manager to execute such agreements as
substantially provided in Exhibit A, which is attached hereto and incorporated herein by reference;
and, after approval by the City Attorney.
SECTION 2. Any prior resolution of the City Council in conflict with the provisions
contained in this Resolution are hereby repealed and revoked.
SECTION 3. Should any part of this resolution be held to be invalid for any reason, the
remainder shall not be affected thereby, and such remaining portions are hereby declared to be
severable.
TM 106288
SECTION 4. This resolution shall take effect immediately from and after its passage, and
it is duly resolved.
ULY PASSED and approved by the City Council of the City of Coppell,
the day of , 2019.
APPROVED AS TO FORM:
Robert E. Hager, V
Attc4ney
Texas, on this
AT EST:
istel Pettinos, qty Secretary
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EXHIBIT A
Agreement
TM 106288
CITY OF COPPELL, TEXAS
CHAPTER 284 SERVICE POLE COLLOCATION ATTACHMENT LICENSE
AGREEMENT
TABLE OF CONTENTS
Page No.
ARTICLE 1. PARTIES ............................................................................................................ 5
1.1. ADDRESSES ....................................................................................................... 5
ARTICLE 2. DEFINITIONS ................................................................................................... 6
ARTICLE 3. CHAPTER 284 GRANT AND SCOPE OF AUTHORIZATION TO
COLLOCATE NETWORK NODES ON SERVICE POLES. .................... 11
3.1. CITY GRANT OF PERMISSION IN ACCORDANCE WITH
CHAPTER 284. ................................................................................................. 11
3.2. SCOPE OF AGREEMENT ............................................................................... 11
3.3. UNAUTHORIZED NETWORK NODE ON SERVICE POLES. .................... 12
ARTICLE 4. APPLICATION FOR A PERMIT TO COLLOCATE ON A
SERVICE POLE. ............................................................................................. 12
4.1. APPLICATION FOR A PERMIT TO COLLOCATION A NETWORK
NODE ON A SERVICE POLE. ........................................................................ 12
4.2. REVIEW PROCESS FOR AN APPLICATION FOR COLLOCATION
OF A NETWORK NODE ON A SERVICE POLE PERMIT. (ch. 284,
Sec. 284.154) ..................................................................................................... 14
ARTICLE 5. CHAPTER 284 RENTAL FEES AND OTHER PAYMENTS .................... 15
5.1. NETWORK NODE SITE ANNUAL RENTAL RATE. (Ch. 284, Sec.
284.053) ............................................................................................................. 15
5.2. COLLOCATION ATTACHMENT ON SERVICE POLE FEE. (Ch. 284,
Sec. 284.056) ..................................................................................................... 16
5.3. MONTHLY TRANSPORT FACILITY FEE. (Ch. 284, Sec. 284.055) ............ 16
5.4. APPLICATION FEES. (Ch. 284, Sec. 284.156) ............................................... 18
5.5. OTHER PAYMENTS ........................................................................................ 18
5.6. NON-FUNCTIONING NETWORK Nodes ...................................................... 18
5.7. PAYMENT ........................................................................................................ 18
5.8. REIMBURSEMENT ......................................................................................... 18
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5.9. PAYMENT LIMITS .......................................................................................... 19
5.10. COMPLIANCE REVIEW ................................................................................. 19
5.11. PERMITS CONDITIONED ON PAYMENTS BEING CURRENT. ............... 19
ARTICLE 6. DESIGN MANUAL, PUBLIC RIGHT-OF-WAY MANAGEMENT
ORD. COMPLIANCE AND RELATED REQUIREMENTS ..................... 19
6.1. AESTHETIC REQUIREMENTS ...................................................................... 19
6.2. INSTALLATION .............................................................................................. 20
6.3. INSPECTIONS .................................................................................................. 20
6.4. PLACEMENT.................................................................................................... 20
6.5. ELECTRICAL SUPPLY ................................................................................... 20
6.6. TRANSPORT FACILITY FIBER CONNECTION .......................................... 21
6.7. GENERATORS ................................................................................................. 21
6.8. EQUIPMENT DIMENSIONS ........................................................................... 21
6.9. TREE MAINTENANCE ................................................................................... 21
6.10. SIGNAGE .......................................................................................................... 21
6.11. REPAIR ............................................................................................................. 21
6.12. GRAFFITI ABATEMENT ................................................................................ 21
ARTICLE 7. RADIO INTERFERENCE BY NETWORK NODE PROHIBITED.
(CH. 284, SEC. 284.304) .................................................................................. 22
7.1. NO LIABILITY ................................................................................................. 22
7.2. NO INTERFERENCE ....................................................................................... 22
ARTICLE 8. ABANDONMENT, RELOCATION AND REMOVAL .............................. 23
8.1. ABANDONMENT OF OBSOLETE NETWORK NODE................................ 23
8.2. REMOVAL REQUIRED BY CITY .................................................................. 23
8.3. REMOVAL OR RELOCATION BY LICENSEE ............................................ 24
8.4. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT ............ 24
8.5. REMOVAL REQUIRED AFTER TERMINATION OR EXPIRATION
OF LICENSE ..................................................................................................... 24
8.6. REMOVAL REQUIRED AFTER REVOCATION .......................................... 24
8.7. OWNERSHIP .................................................................................................... 25
8.8. RESTORATION ................................................................................................ 25
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8.9. LICENSEE RESPONSIBLE ............................................................................. 25
8.10. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE ............ Error!
Bookmark not defined.
ARTICLE 9. ENVIRONMENTAL LAW REQUIREMENTS ........................................... 25
ARTICLE 10. SECURITY ....................................................................................................... 25
ARTICLE 11. INDEMNIFICATION, INSURANCE AND LIABILITY ............................ 25
ARTICLE 12. TERM AND TERMINATION ....................................................................... 26
12.1. TERM ................................................................................................................ 26
12.2. RENEWALS ...................................................................................................... 26
12.3. TERMINATION FOR CAUSE BY CITY ........................................................ 26
12.4. TERMINATION BY LICENSEE ..................................................................... 27
12.5. AUTOMATIC TERMINATION. ...................................................................... 27
ARTICLE 13. TRANSFER OF AUTHORITY ...................................................................... 27
13.1. ASSIGNMENT .................................................................................................. 27
13.2. BUSINESS STRUCTURE AND ASSIGNMENTS .......................................... 28
ARTICLE 14. INVENTORY AND INSPECTIONS. ............................................................ 28
14.1. INVENTORY RECORDS ................................................................................. 28
14.2. INSPECTIONS .................................................................................................. 28
14.3. CONFIDENTIAL INFORMATION ................................................................. 29
ARTICLE 15. MISCELLANEOUS ........................................................................................ 29
15.1. FORCE MAJEURE ........................................................................................... 29
15.2. DISPUTE RESOLUTION ................................................................................. 30
15.3. ACCEPTANCE AND APPROVAL; CONSENT ............................................. 30
15.4. REPRESENTATIONS AND WARRANTIES.................................................. 30
15.5. STATEMENT OF ACCEPTANCE .................................................................. 31
15.6. RELATIONSHIP OF THE PARTIES ............................................................... 31
15.7. SEVERABILITY ............................................................................................... 31
15.8. ENTIRE AGREEMENT .................................................................................... 31
15.9. WRITTEN AMENDMENT............................................................................... 31
15.10. APPLICABLE LAWS AND VENUE ............................................................... 31
15.11. NOTICES ........................................................................................................... 32
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15.12. CAPTIONS ........................................................................................................ 32
15.13. NON-WAIVER.................................................................................................. 32
15.14. ENFORCEMENT .............................................................................................. 33
15.15. AMBIGUITIES.................................................................................................. 33
15.16. SURVIVAL ....................................................................................................... 33
15.17. RESERVED ....................................................................................................... 33
15.18. PARTIES IN INTEREST .................................................................................. 33
15.19. REMEDIES CUMULATIVE ............................................................................ 33
15.20. LICENSEE DEBT ............................................................................................. 33
15.21. PARTS INCORPORATED ............................................................................... 34
15.22. CONTROLLING PARTS .................................................................................. 34
15.23. SIGNATURES ................................................................................................... 34
List of Exhibits:
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THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
This Service Pole Collocation Attachment License Agreement is made
by and between the City of Coppell, -rule municipal corporation of the
its principal offices at ______________.
Section 284.056 and Section 284.101 (a) (3), the City enters into this Agreement to further
detail the terms and conditions of Collocation of attachments of wireless Network Nodes to and
on City Service Poles.
RECITALS
WHEREAS, Licensee, a Network Provider is requesting to and on Service Poles
that are in the Public Right-of-Way to the extent permitted by Chapter 284; and
WHEREAS, the City of Coppell, as a home-rule city, has the authority to manage the
public right-of-way to ensure the health, safety, and welfare of the public; and to receive from
network providers fair and reasonable compensation for use of the public right-of-way and for
collocation on poles; and
WHEREAS, Section 253 of the Federal Communications Act of 1934, as amended,
including 47 U.S.C. § 253, acknowledges that the City has the authority to manage and control
access to and use of the Public Right-of-Way within the City limits; and
WHEREAS, Chapter 284, Section 284.101 (a)-(b), et al, set forth the conditions to access
and Collocation on the Public Right-of-Way of the Network
Nodes to include compliance with the Applicable Codes, and Public Right-of-Way Management
Ordinances, and the restrictions in Chapter 284 concerning limits to the height, width, safety and
aesthetic requirements of Network Nodes; and
WHEREAS, the Licensee shall compensate the City pursuant to applicable state law,
including Chapter 284, for the collocation of the Network Nodes on Service Poles
Public Right-of-Way; and
WHEREAS, -exclusive use at locations in its Public Right-of-Way, are
subject to the terms and conditions set forth herein, and pursuant to Permits issued by the City
Manager or his designee; and
WHEREAS, the City and Licensee desire by this Agreement to set forth their
understanding of such matters.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein below, City and Licensee agree as follows:
ARTICLE 1. PARTIES
1.1.ADDRESSES
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The initial address of the parties, which either party may change at any time by giving written
notice to the other party pursuant to the terms of this Agreement, are as follows:
City of _____________
Attn: _______________________
Street ________
Texas, _________
Email: ________________
Network Provider and Licensee
_____________________________
Attn: _______________________
Street ________
Texas, _________
Email: ________________
ARTICLE 2. DEFINITIONS
2.1. As used in this Agreement, the definitions as used in Tex. Loc. Gov. Code, Chapter 284,
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Sec. 284.002 shall be used, unless otherwise noted in Section 2.1, below:
2.1.1. 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
is no longer in service or is physically disconnected from the operating facilities,
or from any other facilities, or from any other facilities that are in use or that still
carry service, for more than 60 consecutive calendar days unless, after notice to
Provider, Provider has established to the reasonable satisfaction of the City that
the applicable facilities, or portion thereof, is still in active use.
2.1.2. Affiliate means (a) any entity who (directly or indirectly) owns or controls, is
owned or controlled by, or is under common ownership or control with the
Licensee; (b) any entity acquiring substantially all of the assets of Licensee in the
market defined by the Federal Communications Commission in which the
Locations are located; or (c) any successor entity in a merger, acquisition, or other
business reorganization involving Licensee. For purposes of this definition,
an equity or other financial interest (or the equivalent
thereof) of more than 10 percent or any management interest.
2.1.3. Agreement means this contract between the Parties, including any exhibits and
any written amendments as authorized by this Agreement.
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2.1.4. Antenna means communications equipment that transmits or receives
electromagnetic radio frequency signals used in the provision of wireless
services.
2.1.5. Applicable code or codes means uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization; and local
amendments to those codes to the extent not inconsistent with Chapter 284.
2.1.6. City means the City of Coppell.
2.1.7. 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.
2.1.8. 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.
2.1.9. 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.
2.1.10. 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.
2.1.11. Design Manual means the City Design Manual for the Installation of Network
Nodes and Node Support Poles pursuant to Tex. Loc. Gov. Code, Chapter 284
enacted and adopted by the City in accordance with Chapter 284, Sec. 284.108.
2.1.12. Director means the director of engineering or any designated representative.
2.1.13. 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.
2.1.14. Distributed Antenna System or DAS
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2.1.15. Effective Date means that date signed by the Mayor on the signature page of this
Agreement for each respective Licensee.
2.1.16. Ground Equipment means a Wireless Facility that is located on the surface of the
Public Right-of-Way in an approved permit that is immediately adjacent to the
Pole on which the Network Node is located.
2.1.17. Historic District recognized by the City, state or federal government under the
City Code of Ordinances, State Law, including, but not limited to, Sec.
442.001(3) of the Texas Government Code, a federal law, including, but not
limited to, 16 U.S.C. § 470.
2.1.18. Historic Landmark recognized by the City, state or federal government under the
City Code of Ordinances, State Law, including, but not limited to, Sec.
442.001(3) of the Texas Government Code, a federal law, including, but not
limited to, 16 U.S.C. § 470.
2.1.19. Law means common law or a federal, state, or local law, statute, code, rule,
regulation, order, or ordinance
2.1.20. Licensee and Network Provider mean _______ and includes its successors and
assigns.
2.1.21. Location means the location of a Service Pole in the Public Right-of-Way in
which Licensee is authorized to place its Network Node, provided that it has
obtained all Permits.
2.1.22. 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.
2.1.23. 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.
2.1.24. Modification means any work in the Public Right-of-Way, or alteration of a
Wireless Facility that is not substantially similar in size or is a change in the
location in the Public Right-of-Way or its physical position
on the Pole except those alterations or changes that are excepted from requiring
a permit under Chapter 284, Sec. 284.157 (a) and (b) do not constitute
Modifications.
2.1.25. Municipal park means an area that is zoned or otherwise designated by municipal
code as a public park for the purpose of recreational activity.
2.1.26. 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.
2.1.27. MUTCD means Manual of Uniform Traffic Control Devices.
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2.1.28. Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communications network. The
term: (A) includes: (i) equipment associated with wireless communications; (ii) a
radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and (B) does not include: (i) an electric
generator; (ii) a pole; or (iii) a macro tower.
2.1.29. Network provider means: (A) a wireless service provider; or (B) a person that
does not provide wireless services and that is not an electric utility but builds or
installs on behalf of a wireless service provider: (i) network nodes; or (ii) node
support poles or any other structure that supports or is capable of supporting a
network node.
2.1.30. Party or Parties mean the Licensee and City, individually or collectively as
indicated in the context in which it appears.
2.1.31. Other Party or Other Parties means a Chapter 284 Wireless Service provider who
is not a Party to this Agreement.
2.1.32. Node support pole means a pole installed by a network provider for the primary
purpose of supporting a network node.
2.1.33. 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.
2.1.34. Pole means a service pole, municipally owned utility pole, node support pole, or
utility pole
2.1.35. Provider has the same meaning as
2.1.36. Public right-of-way means any area of land within the city that is acquired by,
dedicated to, or claimed by the city in fee simple, by easement, or by prescriptive
right and that is expressly or impliedly accepted or used in fact or by operation of
law as a public roadway, highway, street, sidewalk, alley, or utility access
easement. The term includes the area on, below, and above the surface of the
public right-of-way. The term applies regardless of whether the public right-of-
way is paved or unpaved. The term does not include airwaves above the public
right-of-way that fall under the exclusive jurisdiction of the United States
government.
2.1.37. Public right-of-way management ordinance means an ordinance of the City of
Coppell 6 of the Coppell
Code of Ordinances.
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2.1.38. Public right-of-way rate means an annual rental charge paid by a network
provider to a municipality related to the construction, maintenance, or operation
of network nodes within a public right-of-way in the municipality pursuant to
Chapter 284, Sec. 284.053.
2.1.39. Rental Fees means as described in Article 5 herein.
2.1.40. School means an educational institution that offers a course of instruction for
students in one or more grades from kindergarten through grade 12
2.1.41. 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.
2.1.42. Small cell
2.1.43. Street means the paved portion of the right-of-way, whether fee or easement, that
has been constructed, reconstructed, or resurfaced with concrete or asphalt or
some other surface.
width of the entire right-of-way, while a Public Right-of-Way may include
the curb or the sidewalk, if either are present at the time of a permit application
or if added later.
2.1.44. TAS means Texas Accessibility Standards.
2.1.45. Traffic Signal means any device, whether manually, electrically, or mechanically
operated by which traffic is alternately directed to stop and to proceed.
2.1.46. 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
2.1.47. 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.
2.1.48. 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.
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2.1.49. 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.
2.1.50. Wireless service provider means a person that provides wireless service to the
public.
2.1.51. Wireless facilities
2.2 When not inconsistent with the context, words used in the present tense include the future,
words used in the plural number include the singular number, and words in the singular
include the plural.
2.3. The word is always mandatory and not merely permissive.
2.4. followed by
ARTICLE 3. CHAPTER 284 GRANT AND SCOPE OF AUTHORIZATION TO
COLLOCATE NETWORK NODES ON SERVICE POLES.
3.1. CITY GRANT OF PERMISSION IN ACCORDANCE WITH CHAPTER 284.
3.1.1. Only to the extent required by Chapter 284, Sec. 284.056 and Sec. 284.101 (a)
(3) does the City grant Licensee the right to enter the Public Right-of-Way and to
Collocate Network Node facilities on Service Poles in the Public Right-of-Way,
subject to the terms of this Agreement and Chapter 284.
3.1.2. This Agreement does not confer any other rights not described herein nor does it
permit Licensee or third parties to use the Public Right-of-Way or Service Poles
for purposes not specified in this Agreement, except to the extent otherwise
expressly allowed by law.
3.1.3. This Agreement does not authorize the Licensee to install equipment and facilities
associated with or for Macro Towers in the Public Right-of-Way.
3.1.4. Network Provider must have an existing Agreement with the City to apply for
and be granted a Permit to use or to in anyway Collocate Network Node facilities
on Service Poles.
3.2. SCOPE OF AGREEMENT
3.2.1. This Agreement is not exclusive and the City reserves the right to grant
permission to enter the Public Right-of-Way and to use Service Poles in the
Public Right-of-Way to Collocate Network Node facilities to other eligible and
qualified Other Parties under Chapter 284.
3.2.2. Except as expressly provided herein, this Agreement does not grant Licensee the
authority to grant any rights under this Agreement to any Other Party without the
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written consent of the City in a separate agreement in accordance with Chapter
284.
3.2.3. This Agreement only authorizes Collocation of Network Node on Service Poles
in the Public Right-of-Way and does not confer any rights or permission to install
or otherwise collocate Network Node on any other Poles or to place such Network
Node in the Public Right-of-Way.
3.2.4. This Agreement does not grant to the Licensee an interest in any property.
3.3. UNAUTHORIZED NETWORK NODE ON SERVICE POLES.
3.3.1. The City Manager shall deem as unauthorized any type of Network Node attached
or Collocated to a Service Pole if there is no Agreement, even if it was
inadvertently and incorrectly permitted. The City Manager at his or her sole
remove unauthorized Network Node
to the City. The City will invoice and Licensee shall reimburse the City within
Network Node.
3.3.2. Any Modification to a Network Node must be approved by the City Engineer
except for those modifications, repairs, routine maintenance or related work that
do not require a permit under Chapter 284, Sec. 284.157 (a) and (b), however
even for those modifications, repairs, routine maintenance or related work that do
not require a permit under Chapter 284, Sec. 284.157 (a) and (b), advance notice
shall be given via written letter (which may be delivered by hand or other method)
or an acknowledged email transmission by the Network Provider to the City
contact listed in Article 1 shall be provided to the City as allowed by Chapter 284,
Sec. 284.157 (d) (1)- (3).
ARTICLE 4. APPLICATION FOR A PERMIT TO COLLOCATE ON A SERVICE
POLE.
4.1. APPLICATION FOR A PERMIT TO COLLOCATION A NETWORK NODE ON A
SERVICE POLE.
4.1.1. Application for Collocation on Service Pole Permit. Prior to Collocation of a
Network Node on a Service Pole or installation of the related ground equipment
adjacent to a Service Pole, Licensee shall complete and submit to the City
Engineer the Application for Collocation of a Network Node on a Service Pole
Location, and the following:
4.1.1.1. Fee for Application for Collocation on Service Pole Permit Due with
Application.
(a) City will charge an application and permit fee for the Application for
Collocation of a Network Node on a Service Pole in accordance with
Chapter 284, Sec. 284.156.
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(b) Licensee shall pay the City the Ch. 284, Sec. 284.156 application and
permit fees at the time of the submittal of the application for the permits.
Except as provided for in this Agreement, application and permit fees are
non-refundable.
4.1.1.2. Documents necessary for the review of the Application for Collocation
of a Network Node on a Service Pole, and as reasonably requested by the City
Engineer as may be requested pursuant to Chapter 284, include but are not limited
to:
4.1.1.2.1. Map showing exact intended location of the Network Node
and its distance from a designated Historic Landmark, Park, or School,
Utility Pole, Node Support Pole, and other Network Nodes on a Service
Pole, if any, and depicting the sidewalks, and ramps onto sidewalks
required by Applicable Codes, TAS, or other law, including the
Americans with Disabilities Act, and paved street surface and utility
easements;
4.1.1.2.2. Representative drawings or pictures of the intended Network
Node as intended to be Collocated on the Service pole; and
4.1.1.2.3. Engineering and construction plans and drawings related to
the Collocation of the Network Node on the Service Pole, including where
the proposed Transport Facilities will be connected to the Network Node
as electrical power connections.
4.1.1.3. 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. An application will not be accepted as complete
or will be deemed to have not been accepted without the appropriate engineering
analysis.
4.1.1.4. 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.
4.1.1.5. 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:
i. Be encased in a separate conduit than the traffic light electronics;
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ii. Have a separate electric power connection than the traffic signal
structure; and
iii. Have a separate access point than the traffic signal structure.
iv. Shall not alter, puncture or drill into the City structure.
4.1.1.6. 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 electronics shall:
i. Be encased in a separate conduit than any City signage electronics;
ii. Have a separate electric power connection than the signage structure;
iii. Have a separate access point than the signage structure;
iv. Will not alter, puncture or drill into the City structure.
4.1.2. Network Provider shall comply with any additional requirements of the Public
Right-of-Way Management Ordinance and Design Manual or directions of the City
Manager concerning collocating its Network Nodes on any Service Pole. Compliance is to
be Public Right-of-Way Management Ordinance and Design Manual in
effect at the time of the Application for Collocation of a Network Node on a Service Pole
Location.
4.1.3. If the applicant is not the same as the Licensee listed on the Application for
Collocation of a Network Node on a Service Pole or installation of the related ground
equipment, the Licensee shall sign the application or provide a letter of agency satisfactory
to the City and is presumed to be the owner of the Network Node, and Ground Equipment
and shall be fully responsible for them and the Rental Fees as set forth as the Licensee and
Network Provider in this Agreement.
4.2. REVIEW PROCESS FOR AN APPLICATION FOR COLLOCATION OF A NETWORK
NODE ON A SERVICE POLE PERMIT. (CH. 284, SEC. 284.154)
4.2.1. The City Engineer shall review an Application for Collocation of a Network Node
on a Service Pole or installation of the related ground equipment on a Service
Pole for completeness and act in the time allowed, with notifications to the
Licensee, as prescribed in Chapter 284, Sec. 284.154.
4.2.2. The City Engineer shall review the Application for Collocation of a Network
Node on a Service Pole to determine:
4.2.2.1. If the requested site has already been approved as a Location for
Other Parties, in which instance that Location shall no longer be available and
application shall be denied;
4.2.2.2. If all the required documentation has been provided;
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4.2.2.3. Compliance with the Public Right-of-
Way Management Ordinance and Design Manual and this Agreement;
4.2.2.4. That written permission has been obtained by applicable parties as
required by this Agreement; and
4.2.2.5. Compliance with applicable construction, engineering, design
specifications, Applicable Codes and laws, and other applicable requirements,
including the Americans with Disabilities Act.
4.2.3. The City Engineer shall deny a requested Application for Collocation of a
Network Node on a Service Pole if the Licensee is not in compliance
with Public Right-of-Way Management Ordinance and Design Manual
and this Agreement.
4.2.4. Licensee shall not install a Network Node without the requisite Permit(s).
4.2.5. The City Engineer shall forward to the City Manager each approved GIS or Street
Address and related information in the Application for Collocation of a Network
Node on a Service Pole when a Permit is approved.
ARTICLE 5. CHAPTER 284 RENTAL FEES AND OTHER PAYMENTS
5.1. NETWORK NODE SITE ANNUAL RENTAL RATE. (CH. 284, SEC. 284.053)
5.1.1 Annual Network Node Rate. Licensee shall pay the City annually $250 per Network
Node site in accordance with Ch. 284., Sec. 284.053 (a) the Network Node Public Right-
of-Way Rate for each Location for which Licensee has obtained Permit(s) regardless of
whether or not a Licensee installs Network Nodes in the Public Right-of-Way. Except as
provided for in this Agreement, the annual Network Node Public Right-of-Way Rate is
non-refundable.
5.1.2. Initial Annual Network Node Rate Pro Rated. The annual Network Node Public
Right-of-Way Rate payment for the first year at any Location Annual Network
Node begins accruing when the permit is issued and is due 30 days after
Licensee obtains a Permit to install or collocate a Network Node at the Location. The Initial
Annual Network Node Payment shall be pro-rated for the months remaining in the calendar
year after the permit issuance date.
5.1.3. Subsequent Years Annual Network Node Rate Due Date. The annual Network Node
Public Right-of-Way Rate for every year after the Initial Annual Network Node Payment
shall be paid in advance on or before December 31 of each calendar year for each Network
Node in the Public Right-of-Way for the next calendar year period.
5.1.4 Annual Network Node Rate Adjustment. Pursuant to Ch. 284, Sec. 284.054 on or
about each October of each year after October 2017 the City intends to adjust the annual
Network Node Public Right-of-Way Rate by an amount equal to one-half the annual
change, cumulative since Sept. 1, 2017, if any, in the Consumer Price Index for All Urban
Consumers for Texas, as published by the federal Bureau of Labor Statistics. The City shall
provide written notice to each Network Provider of the new rate, and the rate shall apply
to the first payment due to the municipality on or after the 60th day following that notice.
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It is Public Right-of-Way Rate be
effective each year by December 31 in order to apply and begin accruing January 1 of the
year following the Notice of the adjustment in the Network Node Site Public Right-of-Way
Rate.
5.2. COLLOCATION ATTACHMENT ON SERVICE POLE FEE. (CH. 284, SEC. 284.056)
5.2.1 Annual Collocation on Service Pole Attachment fee. Licensee shall pay the City
annually $20 for each Network Node Permitted to be Collocated on Service Pole in
accordance with Ch. 284., Sec. 284.056 for each Location for which Licensee has obtained
Permit(s) to collocate a Network Node on a Service Pole regardless of whether or not a
Licensee collocates a Network Node on a Service Pole. Except as provided for in this
Agreement, this fee is non-refundable.
5.2.2. Initial Annual Collocation on Service Pole Attachment Fee Pro Rated. The annual
collocation on Service Pole attachment fee payment for the first year at any Location
Annual Collocation on Service Pole Attachment Fee begins accruing
when the permit is issued and is due 30 days after Licensee obtains a Permit to install or
collocate a Network Node at the Location. The Initial Annual Collocation on Service Pole
Attachment Fee Payment shall be pro-rated for the months remaining in the calendar year
after the permit issuance date.
5.2.3. Subsequent Years Annual Collocation on Service Pole Attachment Fee Due Date.
The annual Collocation on Service Pole attachment fee for every year after the Initial
Payment shall be paid in advance on or before December 31 of each calendar year for each
Network Node in the Public Right-of-Way for the next calendar year period.
5.3. MONTHLY TRANSPORT FACILITY FEE. (CH. 284, SEC. 284.055)
5.3.1 Monthly Transport Facility Fee. To the extent Network Provider has Transport
Facilities Permitted from the Network Nodes in the Public Right-of-Way it shall pay the
City in accordance with the Ch. 284, Sec. 284.055 (b) a monthly Transport Facilities fee
on a quarterly basis as set out below in Sec. 5.3.3, which begins accruing when the permit
is issued and is on the same quarterly access line schedule for quarterly calendar period
covered and quarterly payment schedule as in Chapter 283 of the Local Gov. Code. Except
as provided for in this Agreement, the Monthly Transport Facility Fee is non-refundable
5.3.2 Licensee may either:
(a) In accordance with Ch. 284., Sec. 284.055 (a) (1), install its own Transport
Facilities, subject to Transport Facility fee payments as set out in Subsection 5.3.3,
below; or
(b) In accordance with Ch. 284., Sec. 284.055 (a) (2) obtain transport service from
a person that is paying the City fees to occupy the Public Right-of-Way that are the
equivalent of not less than $28 per Network node site per month, for which the City
shall require independent reasonable verification that the provider of Transport
Facility service to the Network Provider has paid the City in the corresponding
calendar quarterly time period a payment in an amount that is equivalent to or
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greater than the Transport Facility fee due for that quarterly payment for the same
and corresponding calendar quarter period that the Network Provider would have
been due to pay the city for the calendar quarter as set out in Subsection 5.3.4.,
below.
5.3.3. Monthly Transport Facility Fee payment. In accordance with Ch. 284., Sec. 284.055
(b), the Network Provider shall pay to the City an amount equal to $28 multiplied by the
number of the Network Provider's Network Nodes located in the Public Right-of-Way for
which the installed Transport Facilities provide backhaul unless or until the time the
Network Provider's payment of municipal rights-of-way fees for use of the Public Right-
of-Ways to the City from that same and corresponding calendar quarter period that exceeds
its monthly aggregate per-node compensation to the City due for that calendar quarter,
subject to the verification as set out in Subsection 5.3.4., below.
5.3.3.1. Quarterly Due dates of Transport Facility Fee payments. The Monthly
Transport Facility Fee begins accruing when the permit is issued and is on the same
quarterly access line schedule for quarterly calendar period covered and quarterly
payment schedule as in Chapter 283 of the Local Gov. Code. The Network Provider
shall pay the City the Monthly Transport Facility Fee payment on a quarterly
calendar year basis for each calendar quarter, 45 days after the end of the preceding
calendar quarter the monthly Public Right-of-Way rate for Transport Facilities.
5.3.4 Alternative Quarterly True-up Verification Report. If Network Provider utilizes the
Ch. 284., Sec. 284.055 (a) (2) option to obtain transport service from a person that is paying
municipal fees to occupy the Public Right-of-Way or utilizes the Ch. 284, Sec. 284.055 (a)
(1), option and install its own Transport Facilities and asserts that it has paid the City in an
amount that is equivalent to or greater than the Transport Facility fee due for that quarterly
period for the same and corresponding calendar quarter period that would have been due
from the Network Provider to the City for the calendar quarter then:
(a) 45 days after the end of each calendar quarter the Network Provider shall
provide to the City a Quarterly True-up Verification Report documenting those
equivalent or greater payments to the City.
(b) This verification report is to allow the City to verify that the corresponding
immediately preceding past quarterly payments due the City for Transfer Facilities
for each Network Node Transfer Facility that the City has received from the
Network Provider or from the Network Plities
a payment to the City for that corresponding prior calendar is
equal to or exceeds the monthly aggregate per-node Transfer Facility compensation
due to the City under this Agreement and Ch. 284., Sec. 284.055 (b) (2) for that
same calendar quarter period.
(c) The Quarterly True-up Verification Report shall be provided 45 days after the
end of each calendar quarter that an actual and full payment is not made from the
Network Provider to the City for the Transfer Facilities Monthly Transport Facility
Fee payment.
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(d) In the event the payment to the City that is asserted to be equal to or exceeding
the monthly aggregate per-node Transfer Facility compensation due to the City
under this Agreement and Ch. 284., Sec. 284.055 was by a different named entity
than the Network Provider, the Network Provider bears the burden to establish that
the entity paying the City and the Network Provider is an Affiliate and that they are
one and the same for purposes of a Chapter 284 Transfer Facility fee true-up credit
against the Monthly Transport Facility Fee.
5.3.5. This Transport Facility fee is in addition to any annual Network Node Public Right-
of-Way Rate payment required by Ch. 284, Section 284.053
5.4. APPLICATION FEES. (CH. 284, SEC. 284.156)
5.4.1 Application and Permit Fees. Licensee shall pay the City the Ch. 284, Sec. 284.156
application and permit fees contemporaneously with the submittal of the application for
the permits. Except as provided for in this Agreement, application and permit fees are non-
refundable.
5.5. OTHER PAYMENTS
The Network Node Public Right-of-Way Rate, the collocation on Service Pole attachment fee, the
Transport Facility fee, (collectively sometimes referred to as and the application
and permit fees payable under Ch. 284, shall be exclusive of, and in addition to all ad valorem
taxes, special assessments for municipal improvements, and other lawful obligations of the
Licensee to the City.
5.6.NON-FUNCTIONING NETWORK NODES
Licensee shall continue to pay Rental Fees for Network Nodes attached to Service Poles that are
no longer in service or operational if the Network Nodes attached to Service Poles occupy the
Public Right-of-Way.
5.7.PAYMENT
5.7.1. Rental Fees shall be as due as set out in Section 5.1-5.4 above.
5.7.2. Rental Fee and other payments shall be payable by ACH direct deposit or check
payable to the City of _________________________ and sent to the following
address:
ATTN: ____________
City of _________________________
P.O. Box _____
_________________________, TX _____
5.8.REIMBURSEMENT
When under the terms of this Agreement, the City at its own expense has removed or remediated
Network Nodes attached to Service Poles or Licensee is required to reimburse the City,
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the Licensee shall remit payment to the City to the address listed in Article 5.7 within 30 days of
the date of the invoice for removal, remediation, or requirement.
5.9.PAYMENT LIMITS
Following removal of any Network Nodes attached to Service Poles consistent with the terms of
this Agreement, and payment for any damages due to the installation, maintenance or removal of
the Network Node, or any other amounts due the City under this Agreement there will be no
compensation due, including any Rental Fees, to the City by Licensee for such Network Nodes
attached to Service Poles except that the City shall not issue any refunds for any amounts already
paid by Licensee for Network Nodes attached to Service Poles that have been removed.
Notwithstanding the foregoing, if Licensee is required by the City to remove a Network Node(s)
attached to Service Pole(s)
this Agreement, City may reimburse Licensee the Rental Fee for such Network Nodes attached to
Service Poles pro-rated monthly for the remainder of the calendar year.
5.10. COMPLIANCE REVIEW
The City may, at its discretion, upon no less than 30 days prior written notice, require that the
Licensee produce its records related to this Agreement for review by the City Manager to ascertain
the correctness of the information provided under Article 5 of this Agreement. If the City Manager
identifies, as a result of a review of the information provided pursuant to Article 5 of this
Agreement amounts owed by the Licensee from prior periods, the Licensee shall pay the amount
identified within 30 days of the date of the invoice. If the review determines that payment of the
Rental Fee was not made in accordance with the terms of this Agreement and that such payment
represents an overp
future obligations to City under this Agreement.
5.11. PERMITS CONDITIONED ON PAYMENTS BEING CURRENT.
Permits are expressly conditioned on Rental payments being current or the permit is void after 30
and remain void until payment in full, except for those amounts
disputed in good faith, for which reasonable and detailed documentation has been submitted to
the City supporting such disputed amounts and is still pending City review.
ARTICLE 6. DESIGN MANUAL, PUBLIC RIGHT-OF-WAY MANAGEMENT ORD.
COMPLIANCE AND RELATED REQUIREMENTS
6.1. AESTHETIC REQUIREMENTS
6.1.1. Public Right-
of-Way Management Ordinance and Design Manual concerning Collocating its Network
Public Right-of-Way Management Ordinance and
Design Manual are published and amended from time to time. Compliance is to be with
Public Right-of-Way Management Ordinance and Design Manual in effect at
the time of the Application for Collocation of a Network Node on a Service Pole Location.
Public Right-of-Way Management
Ordinance, Design Manual or Chapter 284 the Network Node on the Service Pole shall be
19
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 are visually
minimized to the extent possible.
6.2. INSTALLATION
Public Right-of-Way Management Ordinance or
Design Manual or Chapter 284 the Network Node on the Service Pole Licensee shall, at its own
cost and expense, install the Network Nodes attached to Service Poles in a good and workmanlike
manner and in accordance with the requirements promulgated by the City Engineer, as such may
be amended from time to time. Licensee work shall be subject to the regulation, control and
direction of the City Engineer. All work done in connection with the installation, operation,
maintenance, repair, and/or replacement of the Network Nodes attached to Service Poles shall be
in compliance with all Applicable Codes and Laws.
6.3. INSPECTIONS
6.3.1. The City Engineer may perform visual inspections of any Network Nodes
attached to Service Poles located in the Public Right-of-Way as the City Engineer
deems appropriate without notice. If the inspection requires physical contact with
the Network Node, the City Engineer shall provide written notice to the Licensee
within five business days of the planned inspection. Licensee may have a
representative present during such inspection.
6.3.2. In the event of an emergency situation, the City may, but is not required to, notify
Licensee of an inspection. The City may take action necessary to remediate the
emergency situation and the City Engineer shall notify Licensee as soon as
practically possible after remediation is complete.
6.4. PLACEMENT
Public Right-of-Way
Management Ordinance and Design Manual concerning Collocating its Network Nodes on
Public Right-of-Way Management Ordinance and Design
Manual are published and amended from time to time. Compliance is to be with the C
Public Right-of-Way Management Ordinance and Design Manual in effect at the time of
the Application for Collocation of a Network Node on a Service Pole Location.
6.5. ELECTRICAL SUPPLY
Public Right-of-Way Management Ordinance and
Design Manual concerning electrical connections to its Network Nodes on any Service Pole as
published and amended from time to time, but as in effect at the time of the application for a permit.
Licensee shall be responsible for obtaining any required electrical power service to the Network
Nodes. The City shall not be liable to the Licensee for any stoppages or shortages of electrical
power furnished to the Network Nodes, 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 Licensee of the structure, or for any other cause beyond the control
of the City. Licensee shall not be entitled to any abatement of the Rental Fee for any such stoppage
or shortage of electrical power.
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6.6. TRANSPORT FACILITY FIBER CONNECTION
Licensee shall be responsible for obtaining and properly permitting Transport Facilities for the
Network Nodes access and connection to fiber optic lines or other backhaul solutions that may be
required for its Network Nodes.
6.7. GENERATORS
Licensee shall not allow or install generators or back-up generators in the Public Right-of-Way.
6.8. EQUIPMENT DIMENSIONS
Network Nodes shall strictly conform to the size limits in Chapter 284 for its Network
Nodes and ground equipment and shall be no greater than those sizes, but may be less than the
sizes set out in Chapter 284.
6.9. TREE MAINTENANCE
Public Right-of-Way Management Ordinance and
Design Manual concerning tree maintenance.
6.10. SIGNAGE
Public Right-of-Way Management Ordinance and
Design Manual concerning signage on the Network Node and any ground equipment.
6.11. REPAIR
Public Right-of-Way Management Ordinance or
Design Manual whenever the installation, placement, Collocation, attachment, repair, removal,
operation, use, or relocation of the Network Node, or ground equipment, or any portion thereof is
required or permitted under this Agreement, and such installation, placement, Collocation,
attachment, repair, removal, operation, use, or relocation causes any property of the City or any
third party to be damaged or to have been altered in such a manner as to make it unusable, unsafe,
or in violation of any Law, Applicable Code, rule, or regulation, Licensee, at its sole cost and
expense, shall promptly repair and return such property to its original condition. If Licensee does
not repair such property or perform such work as described in this paragraph, then the City shall
imminent danger to the public, to perform or cause to be performed such reasonable and necessary
work on behalf of Licensee and to charge Licensee for the reasonable and actual costs incurred by
the City. Licensee shall reimburse the City for the costs in accordance with Article 5.8 of this
Agreement.
6.12. GRAFFITI ABATEMENT
Public Right-of-Way Management Ordinance and
Design Manual concerning graffiti on any of its Network Node or ground equipment.
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ARTICLE 7. RADIO INTERFERENCE BY NETWORK NODE PROHIBITED. (ch. 284,
Sec. 284.304)
7.1. NO LIABILITY
7.1.1. The City shall not be liable to Licensee for any damage caused by other Licensees
with Network Node in close proximity of the Service Pole.
7.1.2. The City shall not be liable to Licensee by reason of inconvenience, annoyance
or injury to the Network Node, or ground equipment, or activities conducted by
Licensee therefrom, arising from the necessity of repairing any portion of the
Public Right-of-Way, or from the making of any necessary alteration or
improvements, in, or to, any portion of the Public Right-of-Way, or in, or to, its
fixtures, appurtenances or equipment. The City will use reasonable efforts not to
cause material interference to LicenseeNetwork Node.
7.2. NO INTERFERENCE
7.2.1. Network Node shall strictly comply with Chapter 284, Sec. 284.304
and not cause any harmful radio frequency interference to a Federal
Communications Commission-authorized mobile telecommunications operation
of any municipality operating at the time the Network Node was initially installed
or constructed. On written notice, the Network Provider shall take all steps
reasonably necessary to remedy any harmful interference.
72.2. To the extent not inconsistent with Chap. 284., Sec. 284.304:
Tode collocated on Service Poles shall not
cause harmful interference to public service radio frequency, wireless
network, or communications operations ) and Other Parties
Network Nodes or similar third-party equipment in the Public Right-of-Way or
. Network Node
interferes Operations, then Licensee shall immediately cease
operation of the Network Node causing said interference upon receiving notice
from the City and refrain from operating until Licensee has eliminated the
interference. If after notice Licensee continues to operate Network Node that
cause interference with City Operations, such Network Node may be deemed
unauthorized and subject to the provisions of this Agreement.
Network Node interferes with Protected Equipment, then Licensee shall take the
steps necessary to correct and eliminate such interference within 24 hours of
receipt of notice from the City. If the Licensee is unable to resolve the
interference issue within this timeframe, it will voluntarily power down the
Network Node causing the interference, except for intermittent testing until such
time as the interference is remedied
7.2.2. Following installation or Modification of a Network Node, the City Engineer may
require Licensee to test the Network Node
Operations or Protected
Equipment.
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ARTICLE 8. ABANDONMENT, RELOCATION AND REMOVAL
8.1. ABANDONMENT OF OBSOLETE NETWORK NODE
Public Right-of-Way
Management Ordinance and Design Manual concerning collocating its Network Nodes on any
Public Right-of-Way Management Ordinance and Design Manual are
that are published and amended from time to time. Compliance is to be with thPublic
Right-of-Way Management Ordinance and Design Manual in effect at the time of the Application
for Collocation of a Network Node on a Service Pole Location.
Public Right-of-Way Management Ordinance or
Design Manual Licensee shall remove Network Nodes and ground equipment when such facilities
are Abandoned regardless of whether it receives notice from the City. Unless the City sends notice
that removal must be completed immediately to ensure public health, safety, and welfare, the
removal must be completed within the earlier of 90 days of it being Abandoned or within 90 days
of receipt of written notice from the City. When Licensee removes or abandons permanent
structures in the Public Right-of-Way, the Licensee shall notify the City Engineer and City
Manager in writing of such removal or abandonment and shall file with the City Engineer and City
Manager the location and description of Network Nodes and ground equipment removed or
abandoned. The City Engineer may require the Licensee to complete additional remedial measures
necessary for public safety and the integrity of the Public Right-of-Way.
8.2. REMOVAL REQUIRED BY CITY
8.2.1. Public Right-of-Way Management
Ordinance, Design Manual or Chapter 284, Sec. 284.303, Licensee shall, at its
sole cost and expense, promptly disconnect, remove, or relocate the applicable
Network Nodes and ground equipment within the time frame and in the manner
required by the City Engineer if the City Engineer reasonably determines that the
disconnection, removal, or relocation of any part of Network Nodes and ground
equipment (a) is necessary to protect the public health, safety, welfare, or City
property, (b) Network Nodes and ground equipment or portion thereof, is
adversely affecting proper operation of streetlights, or City property, or (c)
Licensee loses or fails to obtain all applicable licenses, Permits, and certifications
required by Law for its Network Nodes and ground equipment, or use of any
Location under this Agreement. If the City Engineer reasonably determines that
there is imminent danger to the public, then the City may immediately disconnect,
remove, or relocate the applicable Network Nodes and ground equipment at the
8.2.2. The City Engineer shall provide 90 days written notice to the Licensee before
removing a Network Node and ground equipment under this Section 8.2, unless
there is imminent danger to the public health, safety, and welfare.
8.2.3. Licensee shall reimburse actual cost of removal and any
storage or associated costs of its Network Nodes and ground equipment in
accordance with this Agreement within 30 days of receiving the invoice from the
City.
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8.3. REMOVAL OR RELOCATION BY LICENSEE
8.3.1. If the Licensee removes or relocates a Network Nodes and ground equipment at
its own discretion, it shall notify the City Engineer and City Manager in writing
not less than 10 business days prior to removal or relocation. Licensee shall
obtain all permits required for relocation or removal of its Network Nodes and
ground equipment prior to relocation or removal.
8.3.2. Except as otherwise provided in this Agreement, the City shall not issue any
refunds for any amounts paid by Licensee for Network Nodes and ground
equipment that have been removed.
8.4. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT
8.4.1. Public Right-of-Way Management
Ordinance or Design Manual and Chapter 284, Sec. 284.303, Licensee
understands and acknowledges that the City may require Licensee to remove or
relocate its Network Nodes and ground equipment, or any portion thereof from
the Public Right-of-Way
City Engineer 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 that enhances the Public Right-of-Way for
use of the traveling public.
8.4.2. If Licensee fails to remove or relocate the Network Nodes and ground equipment,
or portion thereof as requested by the City Engineer within 90 days
receipt of the request, then the City shall be entitled to remove the Network Nodes
and ground equipment
without further notice to Licensee, and Licensee 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, storage expenses) of the
Network Nodes and ground equipment, or portion thereof.
8.5. REMOVAL REQUIRED AFTER TERMINATION OR EXPIRATION OF LICENSE
Within 30 calendar days after termination or expiration of this Agreement, Licensee shall
commence removal of all of Network Nodes and ground equipment from all Service
Pole(s) in the Public Right-of-Way and peaceably surrender the Public Right-of-Way to City in
the same condition the Public Right-of-Way was in on the Effective Date. Removal of all the
Network Nodes and ground equipment under this section must be completed within 90
days. If Licensee fails to begin removal of the Network Nodes and ground equipment on or before
the 30th day after the Agreement expires or terminates or fails to complete removal within 90 days,
the City may remove, store, or dispose of any remaining portion of the Network Nodes and ground
equipment in any manner the City Engineer deems appropriate. Licensee shall, within 30 days
reimburse the City for all costs incurred by
the City in connection therewith (including any reasonable overhead and storage fees).
8.6. REMOVAL REQUIRED AFTER REVOCATION
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Within 30 days after the date of the notice of revocation of a Permit for a Location, Licensee shall
commence removal of the Network Nodes and ground equipment from the Public Right-of-Way
and peaceably surrender the Public Right-of-Way to City in the same condition the Public Right-
of-Way was in on the Effective Date. If Licensee fails to complete removal within 90 days, the
City may remove, store, or dispose of any remaining portion of the Network Nodes and ground
equipment in any manner the City Engineer deems appropriate. Licensee shall, within 30 days
, reimburse the City for all costs incurred by
the City in connection therewith (including any reasonable overhead and storage fees).
8.7. OWNERSHIP
No part of a Network Node constructed, erected or placed on the Public Right-of-Way by Licensee
will become, or be considered by the City as being affixed to or a part of, a Service Pole or of the
Public Right-of-Way. All portions of the Network Node constructed, modified, erected or placed
by Licensee on the Public Right-of-Way will be and remains the property of Licensee and may be
removed by Licensee at any time during or after the Term.
8.8. RESTORATION
Licensee shall repair any damage to the Public Right-of-Way, and the property of any third party
within 10 days following the dat
expense, to include restoration of the Public Right-of-Way and property to substantially the same
condition as it was immediately before the Effective Date, 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.
8.9. LICENSEE RESPONSIBLE
Licensee shall be responsible and liable for the acts and omissions of Lemployees,
temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sublicensees,
sublessees, and subcontractors in connection with the performance of this Agreement, as if such
ARTICLE 9. ENVIRONMENTAL LAW REQUIREMENTS
Public Right-of-Way Management Ordinance
concerning environmental law requirements on any of its Network Node or ground equipment.
ARTICLE 10. SECURITY
Public Right-of-Way Management Ordinance
concerning security requirements on any of its Network Node or ground equipment.
ARTICLE 11. INDEMNIFICATION, INSURANCE AND LIABILITY
11.1 IndemnityPublic Right-of-Way Management
Ordinance and Chapter 284, Sec. 284.302 concerning on indemnification requirements on any of
its Network Node or ground equipment.
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11.2 Insurance. Public Right-of-Way Management
Ordinance concerning insurance requirements on any of its Network Node or ground equipment.
11.3 Liability. Network Provider shall be responsible for any damages to any party that occur
due to the installation, maintenance or failure to maintain, the removal or failure to remove
Network Nodes for which it would be liable under Law.
ARTICLE 12. TERM AND TERMINATION
12.1. TERM
12.1.1. This Agreement is effective on the Effective Date and unless sooner
terminated under other provisions of this Agreement, will remain in effect
until December 31, 2025 Initial Term.
12.2. RENEWALS
Upon expiration of the Initial Term, this Agreement will automatically renew for up to two (2)
unless either the City or Licensee chooses not to renew. If either the City or Licensee chooses
not to renew this Agreement, the City Manager shall notify the Licensee or the Licensee shall
notify the City Manager of non-renewal at least 90 days before the expiration of the then-
current term.
12.3. TERMINATION FOR CAUSE BY CITY
12.3.1. If Licensee defaults under this Agreement, the City may terminate this Agreement
subject to Licensee to cure such defaults below. The City's right to
terminate this Agreement for Licensee's default is cumulative of all its rights and
remedies which exist now or in the future. Default by Licensee includes, but is
not limited to:
12.3.1.1. Failure of the Licensee to comply with any material term of this
Agreement;
12.3.1.2. Licensee becomes insolvent.
12.3.1.3.
certification required by the City under this Agreement and pay all fees associated
therewith after the City has notified the Licensee that licenses, permits, and
certifications must be obtained to work in the Public Right-of-Way;
12.3.1.4.
benefit of its creditors;
12.3.1.5. A receiver or trustee is appointed for Licensee; or
12.4.1.6. Licensee fails to apply for permits to Collocate on Service Poles in
the Public Right-of-Way within 1 year of the Effective Date of this Agreement.
12.3.2. If a default occurs, the City Manager shall deliver a written notice to Licensee
describing the default and the termination date. If the City Manager sends a
default notice, the Licensee shall have 60 days from the receipt of such notice to
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cure the default (unless the nature of the event takes longer to cure and the
Licensee commences a cure within such 60-day period and thereafter diligently
pursues it but will not exceed 180 days unless agreed to by the City Manager
which agreement will not be unreasonably withheld). If Licensee cures the
default before the proposed termination date, the proposed termination is
ineffective.
12.3.3. If the default is not cured in the time and manner set out above or by the City
Manager, then the City Manager may immediately terminate this Agreement by
notifying Licensee in writing of such termination. After receiving the notice,
Licensee shall, immediately cease operations and remove Network Node from
the Public Right-of-Way in accordance with the Sections 8.5 and 8.6 of this
Agreement, and any payment due shall be remitted by Licensee within 30 days
of the receipt of the notice to the address in the Section 1.1 of this Agreement.
12.4. TERMINATION BY LICENSEE
12.4.1. The Licensee may terminate this Agreement at any time without cause by giving
30 days advance written notice to the City Manager.
12.4.2. If the Licensee does not remove all Network Node from the Public Right-of-Way
within the time period required by Section 8.5 of this Agreement, the Network
Node may be removed by the City, subject to reimbursement for its cost from the
Network provider as allowed by the Agreement.
12.5. AUTOMATIC TERMINATION.
If Chapter 284 of the Local Government Code, or any part thereof is at any time, in full or in part,
revoked, found to be unconstitutional, struck down, preempted or otherwise becomes void or
invalid, then this License shall automatically terminate, unless an extension is granted by the City.
This section shall constitute Notice that in such case, all Network Nodes are to be removed within
ninety (90) days from the event that affect Chapter 284. The Parties agree they will negotiate in
good faith to assure an ease of transitions as to those parts of Chapter 284 that have been
adjudicated as unenforceable, as well as continued compliance with those parts that may remain
enforceable, if any.
ARTICLE 13. TRANSFER OF AUTHORITY
13.1. ASSIGNMENT
13.1.1. Licensee may not assign, delegate, transfer, or sell all or any portion of its rights,
privileges and obligations under this Agreement without written notice to and the
prior written consent of the City Manager, which consent will not be
unreasonably withheld. No assignment in law or otherwise shall be effective
until the assignee has filed with the City Manager an instrument, duly executed,
reciting the fact of such assignment, accepting the terms hereof, and agreeing to
comply with all of the provisions hereof. A mortgage or other pledge of assets
in a bona fide lending transaction shall not be considered an assignment of this
Agreement for the purposes of this Article.
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13.1.2. This Agreement binds and benefits the Parties and their legal successors and
permitted assigns; however, this provision does not alter the restrictions on
assignment and disposal of assets set out in this Article. This Agreement does
not create any personal liability on the part of any officer or agent of the City.
13.1.3. Notwithstanding anything to the contrary contained in this Agreement, Licensee
will, whenever in its sole discretion it is required or appropriate for the operation
of its business, have the right, without notice to or consent of City, City Manager,
or any other party, to assign all or any portion of its rights under this Agreement
in whole or in part, to (a) any Affiliates as long as such entity has expertise in the
operation of Network Node, or provision of Wireless Services; (b) any entity with
which the Licensee or an Affiliate of the Licensee shares joint ownership of the
Network Nodes and ground equipment ; or (c) any entity that is a holder of a then-
current Agreement. The Licensee shall give written notice to the City Manager
within thirty (30) days of such assignment.
13.2. BUSINESS STRUCTURE AND ASSIGNMENTS
Nothing in this clause, however, prevents the creation of a security interest in the Network Node
facilities as described in the Texas Business & Commerce Code. In the case of such an
enforcement of that security interest by the holder of the security interest, as an assignee, Licensee
shall immediately furnish to the City Manager with proof of the assignment and the name,
telephone number, and address of the assignee and a clear contractual obligation that the assignee
shall and does assume all the liabilities and responsibilities of Licensee under this Agreement,
including responsibilities for any unpaid past due payments, and current and future payments that
may be due the City. Such assignment does not release Licensee of its obligations and payments
due or to be due the City, unless there is an express written release agreed to by the City.
ARTICLE 14. INVENTORY AND INSPECTIONS.
14.1. INVENTORY RECORDS
14.1.1. Licensee shall maintain a list of its approved Network Node Locations on Service
Poles by GIS location during the Term of this Agreement. Licensee shall provide
to the City Manager such list within 30 days upon written request, but no more
frequent than once a year after the first year of this agreement.
14.2. INSPECTIONS
14.2.1. City representatives shall have the right to perform, or to have performed, (1)
inspections of the records described in 14.1.1 and (2) inspections of all places in
the Public Right-of-Way where work is undertaken in connection with this
Agreement. Licensee shall keep its records described in 14.1.1 available for this
purpose for at least four years after this Agreement terminates or expires. The
inspection may be performed by City staff or third-party representatives engaged
by the City. This provision does not affect the applicable statute of limitations.
14.2.2. In addition to other records or filings required hereunder or by Law, the Licensee
shall maintain and provide access to a current map by either paper or electronic
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means, upon request by the City Manager or City Engineer, showing the
approximate locations of Network Nodes on Service Poles in the Right-of- Way.
14.2.3. The City Manager may reasonably require the keeping of additional records or
terms of this Agreement.
14.3. CONFIDENTIAL INFORMATION
The City Manager shall not disclose any confidential information reproduced for documentation
of audit issues unless required by law. If the City receives a request to review or copy confidential
comply with the requirements for handling third party information under the Act, including
notifying the Licensee that a request to review or copy Confidential Information has been
submitted to the City. Confidential information deemed subject to disclosure under the Act by the
Attorney General of the State of Texas shall be disclosed.
ARTICLE 15. MISCELLANEOUS
15.1. FORCE MAJEURE
Other than the Licensee's failure to pay amounts due and payable under this Agreement, the
Licensee shall not be in default or be subject to sanction under any provision of this Agreement
when its performance is prevented by Force Majeure. Force Majeure means an event caused by
epidemic; act of God; fire, flood, hurricanes, tornadoes, or other natural disasters; explosions;
terrorist acts against the City or Licensee; act of military or superior governmental authority that
Licensee is unable to prevent by exercise of reasonable diligence; war; riots; or civil disorder;
provided, however, that such causes are beyond the reasonable control and without the willful act,
fault, failure or negligence of the Licensee. The term does not include any changes in general
economic conditions such as inflation, interest rates, economic downturn or other factors of general
application; or an event that merely makes performance more difficult, expensive or impractical.
Performance is not excused under this section following the end of the applicable event of Force
Majeure. Licensee is not relieved from performing its obligations under this Agreement due to a
strike or work slowdown of its employees. Force Majeure does not entitle Licensee to
reimbursement of payments.
This relief is not applicable unless the affected party does the following:
15.1.1. uses due diligence to remove the effects of the Force Majeure as quickly as
possible and to continue performance notwithstanding the Force Majeure; and
15.1.2. provides the other party with prompt written notice of the cause and its anticipated
effect.
The City Manager will review claims that a Force Majeure that directly impacts the City or
Licensee has occurred and render a written decision within 14 days. The decision of the City
Manager is final.
Licensee is not relieved from performing its obligations under this Agreement due to a strike or
work slowdown of its employees. Licensee shall employ only fully trained and qualified personnel
during a strike.
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15.2. DISPUTE RESOLUTION
15.2.1. In the event of a dispute between the Parties that arises during the Term of this
Agreement, the Parties shall attempt to expeditiously and amicably resolve any
dispute through good faith discussions in the ordinary course of business at the
level at which the dispute originates.
15.2.2. If the Parties are not able to resolve the dispute in the ordinary course of business,
the City Manager and representatives of other City departments that are involved
to resolve the dispute.
15.2.4. Except in emergencies, no lawsuit under or related to this Agreement by one party
against the other may be filed until at least meeting has occurred between the City
Manager and executives of Network Provider with full authority to resolve the
claims in the meeting or that are available contemporaneously with the meeting
via live telephonic communications where the parties agree to attempt in good
faith to resolve or narrow the issues; and if not resolved, and the parties agree that
before initiating litigation, either party shall notify the other party of its intent to
sue, and provide a copy of the draft pleading, with supporting facts and legal
authorities at least fourteen (14) days before suit is filed.
15.2.5. This section does not apply to disputes that involve a question of law.
15.2.6. Notwithstanding the existence of any dispute between the Parties, insofar as is
possible under the terms of this Agreement, each Party shall continue to perform
the obligations required of it during the continuation of any such dispute, unless
enjoined or prohibited by a court of competent jurisdiction or unless this
Agreement terminates or expires under the terms provided herein.
15.3. ACCEPTANCE AND APPROVAL; CONSENT
An approval by the City Manager, the City Engineer, or any other instrumentality of City, of any
part of the Licensee's performance shall not be construed to waive compliance with this Agreement
or to establish a standard of performance other than required by this Agreement or by law. Where
this Agreement contains a provision that either party approve or consent to any action of the other
party, such approval or consent shall not be unreasonably withheld or delayed. Except as provided
for in this Agreement, the City Manager or City Engineer are not authorized to vary the terms of
this Agreement.
15.4. REPRESENTATIONS AND WARRANTIES
In addition to the representations, warranties, and covenants of the Licensee to the City set forth
elsewhere herein, the Licensee represents and warrants to the City and covenants and agrees
(which representations, warranties, covenants and agreements shall not be affected or waived by
any inspection or examination made by or on behalf of the City) that, as of the Effective Date
and throughout the term of this Agreement:
15.4.1. Organization, Standing and Power. The Licensee is a Network Provider duly
organized, validly existing and in good standing under the laws of the state of its
organization and is duly authorized to do business in the State of Texas and in the
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City. The Licensee has all requisite power and authority to own or lease its
properties and assets, subject to the terms of this Agreement, to conduct its
businesses as currently conducted and to execute, deliver and perform this
License and all other agreements entered into or delivered in connection with or
as contemplated hereby.
15.4.2. Truthful Statements. The Licensee warrants, to the best of its knowledge and
belief, that information provided and statements made in connection with its
application for this Agreement were true and correct when made and are true and
correct upon execution hereof.
15.4.3. Condition of Public Right-of-Way. Licensee accepts the Public Right-of-Way
where Network Node are authorized to be located without any express
or implied warranties of any kind.
15.5. STATEMENT OF ACCEPTANCE
Licensee and City, for themselves, their successors and assigns, hereby accept and agrees to be
bound by all terms, conditions and provisions of this Agreement.
15.6. RELATIONSHIP OF THE PARTIES
Licensee shall be responsible and liable for its contractors, subcontractors, and sublicensees. The
performance under this Agreement. All personnel Licensee uses or provides
are its employees, contractors,
subcontractors for any purpose whatsoever.
15.7. SEVERABILITY
If any part of this Agreement is for any reason found to be unenforceable, all other parts remain
enforceable unless the result materially prejudices either Party.
15.8. ENTIRE AGREEMENT
This Agreement merges the prior negotiations and understandings of the Parties and embodies the
entire agreement of the Parties. No other agreements, assurances, conditions, covenants (express
or implied), or other terms of any kind, exist between the Parties regarding this Agreement.
15.9. WRITTEN AMENDMENT
Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by
written instrument executed on behalf of the City (by authority of an ordinance adopted by the
City Council) and Licensee. The City Manager and City Engineer are only authorized to perform
the functions specifically delegated to him or her in this Agreement.
15.10. APPLICABLE LAWS AND VENUE
15.10.1. This Agreement is subject to all Applicable Codes and Laws, and all rules and
regulations of any regulatory body or officer having jurisdiction, including any
lawful court or administrative decisions, judgments or orders that have been fully
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and finally adjudicated, including any appeals of such decisions judgments, or
shall be governed, construed, and enforced
according to the laws of the State of Texas, without regard to its choice of law
provisions.
If any material provision of this Agreement is superseded or affected by Law,
then the Parties shall negotiate in good faith to revise this Agreement.
15.10.2.
mediation as described in this Agreement, Licensee shall submit any and all
litigation and legal proceedings between any of the Licensee and the City to the
exclusive jurisdiction of the state or federal courts in the State of Texas and waive
any objections or right as to forum non conveniens, lack of personal jurisdiction,
or similar grounds. Venue for any litigation relating to this Agreement is Dallas
County, Texas.
15.11. NOTICES
15.11.1. All notices to either party to the Agreement must be in writing and must be
delivered by hand, facsimile, United States registered or certified mail, return
receipt requested, United States Express Mail, Federal Express, Airborne
Express, UPS or any other national overnight express delivery service. The
notice must be addressed to the party to whom the notice is given at its address
set out in Article I, Section 1.1 of this Agreement or other address the receiving
party has designated previously by proper notice to the sending party. Postage or
delivery charges must be paid by the party giving the notice.
15.11.2. Licensee shall address a copy to the City Engineer at the address set out in Article
I, Section 1.1 of all notices pertaining to Article 6 and 8 and other notices to the
City Engineer required under this Agreement.
15.11.3. Licensee shall address a copy to the City Attorney at the address set out in Article
I, Section 1.1 of all notices pertaining to Article 15 and other notices to the City
Attorney required under this Agreement
15.12. CAPTIONS
Captions contained in this Agreement are for reference only, and, therefore, have no effect in
construing this Agreement. The captions are not restrictive of the subject matter of any section in
this Agreement.
15.13. NON-WAIVER
If either Party fails to require the other to perform a term of this Agreement, that failure does not
prevent the Party from later enforcing that term and all other terms. If either Party waives the
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15.14. ENFORCEMENT
The City Attorney may enforce all legal rights and obligations under this Agreement without
further authorization. Licensee shall provide to the City Attorney all documents and records
pertaining to this Agreement that the City Attorney requests to assist in determining Licensee's
compliance with this Agreement, with the exception of those documents made confidential by
federal or State law or regulation.
15.15. AMBIGUITIES
If any term of this Agreement is ambiguous, it shall not be construed for or against any Party on
the basis that the Party did or did not write it.
15.16. SURVIVAL
Licensee and the City shall remain obligated to the other Party under all provisions of this
Agreement that expressly or by their nature extend beyond the termination or expiration of this
Agreement, including, but not limited to, the provisions regarding warranty, indemnification and
confidentiality.
All representations and warranties contained in this Agreement shall survive the term of the
Agreement.
15.17. RESERVED
15.18. PARTIES IN INTEREST
This Agreement does not bestow any rights upon any third party, but binds and benefits the City
and Licensee only.
15.19. REMEDIES CUMULATIVE
Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this
Agreement are not exclusive, but are cumulative of all rights and remedies which exist now or in
the future. Neither party may terminate its duties under this Agreement except in accordance with
its provisions.
15.20. LICENSEE DEBT
IF CITY MANAGER BECOMES AWARE THAT LICENSEE OWES ANY DELINQUENT
SUM OF MONEY IN AN AMOUNT GREATER THAN $100.00 TO THE CITY OR ANY
AFFILIATE ENTITY FOR AD VALOREM TAXES ON REAL OR PERSONAL PROPERTY
LOCATED WITHIN THE BOUNDARIES OF THE CIT NOTIFY
LICENSEE IN WRITING. IF LICENSEE DOES NOT PAY THE DEBT WITHIN 30 DAYS OF
SUCH NOTIFICATION, THE CITY MANAGER MAY DEDUCT FUNDS IN AN AMOUNT
EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO LICENSEE BY THE CITY
UNDER THIS AGREEMENT.
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15.21. PARTS INCORPORATED
All of the above-described sections listed in the Table of Contents and the listed exhibits are made
a part of and incorporated into this Agreement.
15.22. CONTROLLING PARTS
If a conflict between the sections of the Agreement and any of the exhibits arises, the sections of
the Agreement control over the exhibits.
15.23. SIGNATURES
IN WITNESS WHEREOF, the Original Signatories, through their duly authorized officers,
have executed this Agreement in multiple counterparts, each of equal force and effect, effective as
of the as of the date signed by the Mayor.
LICENSEE/NETWORK PROVIDER: CITY:
______________ CITY OF COPPELL, TEXAS
Signed by:
_______________________________ _______________________________
Name: Mayor
Title: Date Signed. _______________
Tax Identification No.: ATTEST/SEAL:
ATTEST/SEAL:
_______________________________
_______________________________ City Secretary
Name:
Date Signed. _______________
Approved as to Form:
_________________________________
City Attorney,
City of Coppell
1
The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used and control over any
conflicts with the Agreement.
Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter:
(1) "Antenna" means communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
(2) "Applicable codes" means:
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(A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized
national code organization; and
(B) local amendments to those codes to the extent not inconsistent with this chapter.
(3) "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.
(4) "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.
(5) "Design district" means an area that is zoned, or otherwise designated by municipal code, and for
which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory
basis.
(6) "Historic district" means an area that is zoned or otherwise designated as a historic district under
municipal, state, or federal law.
(7) "Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or
ordinance.
(8) "Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters
prescribed by Section 284.103 and that supports or is capable of supporting antennas.
(9) "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.
(10) "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.
(11) "Municipal park" means an area that is zoned or otherwise designated by municipal code as a public
park for the purpose of recreational activity.
(12) "Network node" means equipment at a fixed location that enables wireless communications between
user equipment and a communications network. The term:
(A) includes:
(i) equipment associated with wireless communications;
(ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable
equipment, regardless of technological configuration; and
(iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated
with a particular collocation; and
(B) does not include:
(i) an electric generator;
(ii) a pole; or
(iii) a macro tower.
(13) "Network provider" means:
(A) a wireless service provider; or
(B) a person that does not provide wireless services and that is not an electric utility but builds or
installs on behalf of a wireless service provider:
(i) network nodes; or
(ii) node support poles or any other structure that supports or is capable of supporting a
network node.
(14) "Node support pole" means a pole installed by a network provider for the primary purpose of
supporting a network node.
(15) "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.
(16) "Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole.
(17) "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.
(18) "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.
(19) "Public right-of-way management ordinance" means an ordinance that complies with Subchapter C.
(20) "Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality
35
related to the construction, maintenance, or operation of network nodes within a public right-of-way in the
municipality.
(21) "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.
(22) "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.
(23) "Utility pole" means a pole that provides:
(A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider, as defined by Section 51.002, Utilities Code.
(24) "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.
(25) "Wireless service provider" means a person that provides wireless service to the public.
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