2021-65 - O - Amend Section 10.03.051 Article 10.03 Franchise Utilities - Fiber Optic Communications 11.09.21TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2021-65
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 10.03.051, "FRANCHISE UTILITIES," OF
ARTICLE 10.03, "SUBDIVISION ORDINANCE," OF CHAPTER 10,
"SUBDIVISION REGULATION," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS; PROVIDING SEVERABILITY, SAVINGS AND
REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the
laws of the State of Texas and is duly incorporated; and
WHEREAS, the Town possesses the full power of self-government, as authorized by the
Texas Constitution and the Town's duly adopted Charter; and
WHEREAS, the Town desires to promote multiple forms of communication throughout the
Town and to its citizens, including fiber optics; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that the following amendments will promote the orderly, safe and efficient growth of
the Town and the Town's extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above findings are hereby found to be true and correct and are hereby
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 10.03.051, "Franchise
Utilities," of Article 10.03, "Subdivision Ordinance," of Chapter 10, "Subdivision Regulation,"
of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended to read as
follows:
"6.21 Franchise Utilities
A. Prohibition of Above Ground Utility Support Structures (Poles)
All utility service lines for residential distribution for electricity, telephone, gas, cable
television, data, internet and any other such service shall be underground with the
exception of electric major transmission (three-phase lines) or feeder lines. These lines
shall be located on the perimeter of a subdivision whenever possible.
B. Service Connections
Utility service to non-residential properties shall be placed underground from the right-
of-way or the easement adjacent to the right-of-way to the point of service. For all service
connections from the right-of-way to the point of service for all nonresidential properties,
Ordinance No. 2021-65, Page 1
ground mounted equipment shall not be placed in visibility, access and maintenance
easements.
C. Requirements
1. The electric utility company shall be responsible for developing administrative policies
and cost reimbursement procedures for the installation and extension of underground
electric service. These policies shall permit the electric company to recover the cost
differential between extending and installing overhead and underground service.
2. The developer shall furnish all easements and right-of-way necessary for construction
of electric, gas, street lighting, telephone and cable television service to the
subdivision.
3. The installation of these utilities shall conform to commonly accepted construction
standards and shall be subject to review by the Deputy Director of Engineering
Services.
4. All Plats for residential and multifamily developments shall require all
telecommunication lines, electric lines, and utility lateral and services lines and wires
to be placed underground except as otherwise herein provided.
a. In special or unique circumstances or to avoid undue hardships, a Council Waiver
may be approved to permit the construction and maintenance of overhead electric
utility lateral or services lines and of overhead telecommunication lines and may
approve any Plat or Site Plan with such approved variances or exceptions.
b. All electrical and telecommunication equipment (transformers, amplifiers,
switching devices, etc.) necessary for underground installations in Subdivisions
shall be pad mounted or placed underground.
i. All above ground support equipment shall be placed in manner to not block
drainage on side yard swale of residential lots.
c. Unless specifically stated otherwise, temporary construction service may be
provided by overhead utility lines and facilities without obtaining a waiver.
d. "Electric Utility Service Lines" shall mean those electric lines through which a
transformer connects a lateral line to a customer's service entrance.
5. All installations regulated by the provisions set forth herein shall be in conformance
with the intent of this ordinance and shall conform to any regulations and/or
specifications that the various public utility companies may have in force from time to
time.
6. Nothing in this ordinance shall be construed to require any existing facilities to be
placed underground when no development is proposed.
7. Fiber optic network conduit and fiber optic cable. All residential and multiple -family
subdivisions must make best efforts to install fiber optic capability before receiving a
certificate of occupancy. In addition, the developer must inform the town of the
provider chosen to serve the development and specify both the overall speed
(minimum 1GB) and the speed to each individual house or unit."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
Ordinance No. 2021-65, Page 2
and all remaining portions of this Ordinance shall remain in full force and effect. The Town
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective from and after its passage and publication.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF NOVEMBER, 2021.
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Ray Smith, ayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2021-65, Page 3