A network provider must provide evidence that the network provider has acquired all required authorization pursuant to state law, prior to obtaining a permit to use public right-of-way. The network provider’s right to use and occupy the public right-of-way shall not be exclusive, and the town shall have the right to exercise its police powers and manage its public right-of-way, based on the Texas Local Gov’t Code chapter 284, as amended, and all other state or federal laws.
(Ordinance 18-832 adopted 11/12/18)
A network provider shall notify the ROW manager of any sale, transfer, merger or assignment of the ownership or control of a network provider’s business within thirty (30) days of such sale, transfer, merger or assignment. A network provider shall also maintain and provide current point-of-contact information with the ROW manager at all times during which the network uses the right-of-way.
(Ordinance 18-832 adopted 11/12/18)
A network provider shall comply with the town’s wireless services design manual (division 4 of this article), as amended, for the installation of network nodes and node support poles, or any other work performed in the ROW.
(Ordinance 18-832 adopted 11/12/18)
The following fees shall apply to a network provider’s use of the town’s right-of-way, as follows:
(1) 
Small cell application fee.
$500.00 (1–5 network nodes); $250.00 (each additional network node); $1,000.00 per pole.
(2) 
Small cell user fee.
$250.00 annually for each network node; $20.00 per year for town pole attachment.
(3) 
Transport facility monthly user fee.
$28.00 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, until the time the network provider’s payment to the town exceeds its monthly aggregate per month compensation to the town.
(Ordinance 18-832 adopted 11/12/18)