All terms used in this article, not specifically defined herein,
have the meaning provided in chapter 284 of the Texas Local Government
Code.
Applicant.
Any person who submits an application and is a network provider.
Application.
A request submitted by an applicant:
(1)
For a permit to collocate network nodes;
(2)
To install a transport facility; or
(3)
Approve the installation, replacement or modification of a pole.
City code.
Those ordinance provisions relevant to use of the public
right-of-way where compliant with applicable law.
Person.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the
city.
Routine maintenance.
(1)
Work in the public right-of-way that does not require excavation
or closing of sidewalks or vehicular lanes in a public right-of-way;
(2)
Replacing or upgrading a network node or pole with a node or
pole that is substantially similar in size or smaller and that does
not require excavation or closing of sidewalks or vehicular lanes
in a public right-of-way; or
(3)
The installation, placement, maintenance, operation, or replacement
of micro network nodes that are strung on cables between existing
poles or node support poles, in the public right-of-way.
Technical grounds.
In light of prevailing industry and engineering standards,
reasons of insufficiency of capacity, safety, reliability and/or generally
applicable engineering purposes consistent with applicable law and
city code.
Installation of transport facilities, including applicable compensation
to the city for such facilities, shall be governed by chapter 284.055
of the Texas Local Government Code.
A network provider shall comply with the city’s design
manual, if any, in place on the date a permit application is filed
in relation to work for which the city has approved a permit application.
The city’s design manual may not conflict with applicable law
and must be competitively neutral.
(Ordinance 17-053 adopted 10/24/17)