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 ROW. The network provider's right
to use and occupy the public ROW shall not be exclusive, and the town
shall have the right to exercise its police powers and manage its
public ROW, based on the V.T.C.A. Local Government Code ch. 284, as
amended, and all other state or federal laws.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
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 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 ROW.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
A network provider shall indemnify the town as specified by
the Texas Local Government Code, as may be amended.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
A network provider shall comply with the town's design manual,
as amended, for the installation of network nodes and node support
poles, as amended by the ROW Manager.
(Ordinance 2024-12, § 2,
adopted 1/9/2024)
The following fees shall apply to a network provider's use of
the town's ROW, as follows:
(a)
Small cell application fee.
Five hundred dollars (one—five
network nodes); $250.00 (each additional network node); $1,000.00
per pole.
(b)
Small cell user fee.
Two hundred fifty dollars annually
for each network node; $20.00 per year for town pole attachment.
(c)
Transport facility monthly user fee.
Twenty-eight dollars
multiplied by the number of the network provider's network nodes located
in the public ROW 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 2024-12, § 2,
adopted 1/9/2024)
