(a) 
This design manual is for maintenance of, siting and criteria for the installation of wireless facilities, including micro network nodes, network nodes, node support poles and related ground equipment being installed pursuant to Tex. Loc. Gov't Code, chapter 284, the FCC Order, and related federal regulations.
(b) 
This design manual shall apply to any and all maintenance, siting, installations, collocations, or other placement of, in, over or under the public rights-of-way of network nodes, node support poles, micro network nodes, distributed antenna system(s), microwave communications or other wireless facilities, by whatever nomenclature, whether they are installed pursuant to chapter 284 of the Local Government Code or installed pursuant to an agreement to use the right-of-way or authorization or installed as may otherwise be allowed by state law.
(c) 
The city enacts these design requirements and guidelines in order to meet its fiduciary duty to its citizens, and to give assistance and guidance to network providers in the safe, aesthetically pleasing, efficient, and timely installation of facilities.
(d) 
The Federal Communications Commission, by Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, released on September 27, 2018, Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Development (FCC Order), adopted new rules affecting the city's review of wireless facility siting applications, located at 47 CFR sections 1.6001—1.6003. The FCC's Order recognizes the appropriateness of the imposition by municipalities of aesthetic standards on small wireless facilities that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and published in advance. This design manual meets the guidelines stated by the FCC, and is for the purpose of furthering the public health, safety, and welfare of the citizens of the city by establishing aesthetic standards for the installation of facilities in the public rights-of-way that are reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments in the public rights- of-way. All of the provisions herein, whether specifically stated or not, are for the furtherance of this public purpose.
(e) 
The provisions of this design manual are adopted to further the public health, safety, and welfare of the citizens of the city by establishing aesthetic standards for the installation of facilities in the public rights-of-way that are reasonable, are technically feasible, and are reasonably directed to avoiding or remedying the intangible public harm of unsightly or out- of-character deployments. The provisions of this design manual are further adopted in order to avoid congestion of the right-of-way caused by multiple pole installations, minimize the hazard of poles adjacent to roadways, minimize the effect on property values, and protect, maintain, and promote the appearance of natural surroundings in public parks and certain residential areas and in areas designated as underground areas.
(f) 
A network provider shall comply with the city's rights-of-way management ordinance except where in conflict with this design manual or chapter 284, subchapter C, or the FCC order and rules adopted thereby.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Municipal parks and residential areas.
A network provider may not install a new node support pole in the following locations:
(1) 
In a municipal park; or
(2) 
In right-of-way that is adjacent to a street that is:
(A) 
Not more than fifty (50) feet wide at average width, measuring vehicular traveled portion only as set out in the definition of "street" and the measurement does not include intersection and refers only to the main traveled portion measured at mid-block or mid-point between intersections; and
(B) 
Adjacent to developed or undeveloped single-family residential lots, other multifamily residential area or land that is designated for residential use by zoning or deed restrictions.
(3) 
Construction in right-of-way adjacent to a school is prohibited, unless all contractors, subcontractors, or other workers follow all statutory requirements in the Texas Education Code regarding work on school grounds, as applicable.
(b) 
Undergrounding district.
(1) 
A network provider shall comply with nondiscriminatory undergrounding requirements, including 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 without first obtaining the appropriate zoning, land use approval or other required approval.
(2) 
Areas may be designated from time-to-time by the city as underground required areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law.
(3) 
Each permit application shall disclose if it is within an area that has undergrounding requirements.
(c) 
Historic district and design districts.
(1) 
A network provider must obtain advance written approval from the city before collocating network nodes or installing node support poles in a design district with decorative poles or in an area of the city zoned or otherwise designated as a design district or historic district.
(2) 
Concealment required:
(A) 
As a condition for approval of network nodes or node support poles in design districts with decorative poles or in a historic district, concealment measures are required for network nodes or node support poles or related ground equipment or any portion of the nodes, poles, or equipment.
(B) 
Said concealment measures shall minimize the impact to the aesthetics in a historic district or design district.
(3) 
Network provider shall comply with and observe all applicable city, state, and federal historic preservation laws and requirements.
(d) 
Historic preservation laws and requirements.
Network provider shall comply with and observe all applicable city, state, and federal laws and requirements, including historic preservation laws and requirements.
(e) 
Historic landmarks.
Network provider is discouraged from installing a network node or node support pole within three hundred (300) feet of a historic site or structure or historic landmark recognized by the city, state or federal government (see, for example, and not limited to section 442.001(3) of the Texas Government Code, and 16 U.S.C. section 470), as of the date of the submission of the permit.
(f) 
Designated areas.
(1) 
Designation.
The council may designate an area as a historic district, design district or underground district at any time.
(2) 
Underground district.
Underground districts or underground requirement areas are not limited to those designated above and any area that meets the definition of underground district or underground requirement area shall be considered to be an underground district or underground requirement area. An area does not need to be designated by this article to be considered to be within an underground district. Such designation does not require a zoning case. Any area declared to be an underground district by city council or any area that meets the definition of underground district or underground requirement area shall be subject to all requirements and protections for an underground district.
(3) 
Historic district.
Historic districts are not limited to those designated above and any area that meets the definition of historic district shall be considered to be a historic district. An area does not need to be designated by this article to be considered to be within a historic district. Such designation does not require a zoning case. Any area declared to be a historic district by city council or any area that meets the definition of historic district shall be subject to all requirements and protections for a historic district.
(4) 
Design district.
Design districts are not limited to those designated above and any area that meets the definition of design district shall be considered to be a design district. The city council may designate an area as a design district at any time. An area does not need to be designated in this article to be considered to be within a design district. Such a designation does not require a zoning case. Any area designated by city council as a design district or any area that meets the definition of a design district shall be subject to all requirements and protections for a design district.
(g) 
Defense.
(1) 
It shall be a defense to the above requirements prohibiting or restricting location of facilities in a park, residential area, historic district, design district or underground district that the network provider obtained advance written approval or waiver of restrictions from the city before collocating new network nodes or installing new node support poles or ground equipment in a prohibited or restricted location. In any prosecution herein for such prohibition or violation of any restrictions, it shall be an affirmative defense to have an agreement with the city that approved such location or waived the applicable restriction.
(2) 
If an agreement is granted to locate in a prohibited location, the network provider shall be required, as a condition for approval of new network nodes or new node support poles in a prohibited location, to install reasonable design or concealment measures for the new network nodes or new node support poles. Therefore, any request for installations in a prohibited location, must be accompanied with concealment measures in the permit applications.
(3) 
The city requests that a network provider explore the feasibility of using certain camouflage measures to improve the aesthetics of the network nodes, node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in all locations of the city.
(h) 
Private deed restrictions and property owners association rules.
A network provider installing a network node or node support pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
(i) 
Ground equipment.
(1) 
Ground equipment shall be minimal and the least intrusive at all sites.
(2) 
In order to maximize line of sight at street corners and intersections and minimize hazards at those locations, ground equipment may not be installed within two hundred fifty (250) feet of a street corner or street intersection.
(3) 
Ground equipment may not be installed at street corners or intersections within a visibility triangle.
(4) 
Ground equipment shall not be installed near a driveway.
(j) 
Each permit application shall designate if the requested area for installation is within a residential area, a municipal park, an underground district or underground requirement area, or a historic district or a design district.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
The following locations, in the order listed, are the preferred locations for installation of poles or wireless facilities:
(1) 
Industrial areas.
(2) 
Areas designated by the city as a highway rights-of-way area, provided that such areas are not adjacent to a municipal park, residential area, historic district, design district or any prohibited area set out above.
(3) 
Retail and commercial areas, provided such areas are not in a prohibited location, such as an underground district, design district or historic district.
(b) 
In the absence of state law or an agreement or municipal authorization providing otherwise, network nodes shall be restricted to preferred locations set out in this section.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
The following shall be the order of preference for the attachment of network nodes to existing facilities, beginning with most preferred location and ending with least preferred location. In addition to the preference set out by the city, existing facilities may be owned by third parties and may not be available for attachment of facilities or may require authorization from other parties.
(b) 
Order of preference from most preferable to least preferable.
(1) 
Most preferable.
Existing telephone or electrical lines between existing utility poles. Micro network nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on utility poles, node support poles or service poles.
(2) 
Preferable.
Existing utility poles (electric poles or telephones poles), shall be the preferred support facility for network nodes and related ground equipment.
(3) 
Least preferable.
Municipal service poles, which shall require an agreement with the city. Municipal service poles includes (in order of preference):
(A) 
Nondecorative street lights.
(B) 
Traffic signal structures: Network nodes may only be attached to traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of the public. Any installation of network node facilities on any traffic signal structures shall:
(i) 
Be encased in a separate conduit than the traffic light electronics;
(ii) 
Have a separate electric power connection than the traffic signal structure;
(iii) 
Shall not puncture or drill into the structure; and
(iv) 
Have a separate access point than the traffic signal structure.
(C) 
Other municipal service pole use is discouraged.
(4) 
New node support poles shall also be least preferred.
Collocation shall generally be preferred over new poles. New poles shall not be installed in prohibited areas and shall only be allowed in restricted areas to the extent all requirements are followed or a waiver is granted. Any new poles shall be camouflaged to the extent allowed by law as set out in this article.
(c) 
Ground equipment should be minimal and the least intrusive.
(d) 
In the absence of state law or an agreement or municipal authorization providing otherwise, network nodes, if allowed, shall be restricted to most preferable locations set out in this section and shall be prohibited in the least preferable.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
A network provider shall construct and maintain network nodes and node support poles in a manner that does not:
(1) 
Obstruct, impede, or hinder the usual travel or public safety on a public right-of-way;
(2) 
Obstruct the legal use of a public right-of-way by other utility providers;
(3) 
Violate nondiscriminatory applicable codes;
(4) 
Violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this design manual.
(5) 
Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. section 12101 et seq.) or PROWAG.
(b) 
Network node facilities shall be installed in accordance with section 18.03.054 and all other applicable requirements of this article.
(c) 
Right-of-way.
(1) 
Network nodes installation shall follow all applicable requirements of this article, including section 18.03.054.
(2) 
Network node facilities, node support poles and related ground equipment shall be placed, as much as possible, within two (2) feet of the outer edge of the right-of-way line.
(3) 
Node support poles and related ground equipment shall not impede pedestrian or vehicular traffic in the right-of-way.
(4) 
No protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet.
(d) 
Parks.
For the safety of park patrons, particularly small children, and to allow full line of sights near park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within two hundred fifty (250) feet of the boundary line of a park. The network provider may request a waiver of the requirement that such equipment not be within two hundred fifty (250) feet of a park from the board of adjustment.
(e) 
There shall be no more than one (1) network node on any one (1) pole.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Camouflage is required by the city when wireless facilities are allowed, as set forth above, in design districts with decorative poles or in historic districts.
(b) 
It is the city's preference that all new node support poles be camouflaged, except those located in an area zoned or predominantly industrial or in a designated highway district area.
(c) 
Companies shall submit their proposal for camouflage with the permit application.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Confirmation of noninterference with city safety communication networks.
(1) 
The network provider shall provide analysis that the proposed network node shall not cause any interference with city public safety radio system, traffic signal light system, or other city safety communications components.
(2) 
It shall be the ongoing responsibility of the network provider to evaluate, prior to making application for permit and while network nodes remain in the right-of-way, the compatibility between the existing city infrastructure and provider's proposed network node. A network node shall not be installed in a location that causes any interference and any network node that causes destructive interference post-installation shall correct such interference or be removed and shall follow all federal regulations regarding interference.
(3) 
Network nodes shall not be allowed on city's public safety radio infrastructure.
(b) 
Size limits.
(1) 
Network providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in this article.
(2) 
To the extent authorization is provided by franchise or license, the franchise or license controls.
(3) 
To the extent authorization is provided by state law which sets out size limits, the size limits in the state law control.
(4) 
If authorization is provided through a state law with no size limits, or other authorization with no size limits, the size limits of this section shall control.
(5) 
Unless otherwise provided by state law or municipal authorization, license, franchise or agreement, the following maximum size limits are applicable (required):
(A) 
Micro network node dimensions:
(i) 
Maximum length: twenty-four (24) inches;
(ii) 
Maximum width: fifteen (15) inches;
(iii) 
Maximum height: twelve (12) inches.
(B) 
Network node shall meet the requirements as set out in chapter 284 of the Local Government Code.
(C) 
Pole height not higher than ten (10) feet above the average height of utility poles within five hundred (500) linear feet of a new pole or fifty-five (55) feet, whichever is least.
(D) 
Ground equipment, separate from the pole, shall meet the requirements of chapter 284 of the Local Government Code or if such requirements are not applicable, may not be higher than three feet six inches (3'6") from grade, wider than three feet six inches (3'6").
(E) 
When not otherwise set out in this article or in a municipal authorization, the size limits shall not be greater than size limits set forth for structures or equipment in chapter 284 of the Local Government Code, where applicable.
(F) 
Size limits may be reduced when necessary for public health, safety or welfare.
(c) 
Size limits provided by state law are only applicable for so long as required by state law.
If said state law is found to be repealed, struck down, pre-empted or invalid, in whole or in part, the standards required by the city, either in the municipal authorization or an amendment to the municipal authorization or the directives of the city or this article, shall be required and such standards shall be subject to individualized review.
(d) 
Concealment.
The network node facilities shall be 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 visually minimized to the extent possible.
(e) 
New node support pole spacing.
(1) 
New node support poles shall be at a minimum three hundred (300) feet from a utility pole or another node support pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area, unless a lesser distance is approved by the city manager.
(2) 
New poles shall be placed a minimum of five (5) feet from a street curb or travel lane and eighteen (18) inches from a sidewalk to minimize the potential of being struck by a motor vehicle or bicycle.
(3) 
New poles shall be placed on breakaway anchor bolt supports or bases to minimize the impact severity to motor vehicles that strike the pole.
(4) 
In order to meet the definition of a small wireless facility under federal regulations, the facilities:
(A) 
Must be mounted on structures fifty (50) feet or less in height, including their antennas; or
(B) 
Must be mounted on structures no more than ten (10) percent taller than other adjacent structures; or
(C) 
May not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater.
For purposes of this subsection, "structure" means a pole or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).
(f) 
Minimize ground equipment concentration.
In order to minimize negative visual impact to the surrounding area, the city's designee may deny a request for a proposed location if the network provider installs network node ground equipment where existing ground equipment already occupies a footprint of twenty-five (25) sq. ft. or more.
(g) 
Allowed colors.
Colors shall meet the requirements set out in section 18.03.054(a)(19).
(h) 
If any network node facilities, node support poles or ground equipment is installed in a location that is not in accordance with the plans approved by the city manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the right-of-way noncompliant with applicable laws, including the American Disabilities Act, then network provider shall remove the network node facilities, node support poles or ground equipment.
(i) 
Ground equipment.
(1) 
Ground equipment should be minimal and the least intrusive.
To minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within two hundred and fifty (250) feet of a street corner or a street intersection.
(2) 
Ground equipment near municipal parks.
For the safety of municipal park patrons, particularly small children, and to allow full line of sights near municipal park property, the network provider shall not install ground equipment in a right-of-way that is within a park or within two hundred and fifty (250) feet of the boundary line of a park, unless approved by the city manager and parks director in writing.
(3) 
To enhance the safety requirements of line of sight of pedestrians, particularly small children, the city's designee may deny a request for a proposed location if the network provider installs network node ground equipment where existing ground equipment within three hundred (300) feet already occupies a footprint of twenty-five (25) square feet or more.
(4) 
Ground equipment shall not be installed in such a manner as to interfere with a sight visibility triangle.
(j) 
Municipal service poles.
(1) 
An agreement shall be required for all installations on municipal service poles and all such installations shall be in accordance with the agreement.
(2) 
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.
(3) 
Height of attachments:
(A) 
All attachments on all service poles shall be at least eight (8) feet above grade;
(B) 
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; and
(C) 
Meet all applicable requirements of state law and this article.
(4) 
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 the agreement with the city. Installation of network node facilities on any traffic signal structures shall:
(A) 
Be encased in a separate conduit than the traffic light electronics;
(B) 
Have a separate electric power connection than the traffic signal structure;
(C) 
Have a separate access point than the traffic signal structure;
(D) 
Shall not puncture or drill into the structure;
(E) 
Shall not be installed on the mast arm; and
(F) 
Meet all other requirements of state law and this article.
(5) 
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 and must be in accordance with the agreement with the city. Installation of network node facilities on any street signage structures that has electrics shall:
(A) 
Be encased in a separate conduit than any city signage electronics;
(B) 
Have a separate electric power connection than the signage structure;
(C) 
Have a separate access point than the signage structure; and
(D) 
Meet all other requirements of state law and this article.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Network provider shall be responsible for obtaining any required electrical power service to the micro network node, network node facilities, node support poles and ground equipment. The city shall not be liable to the network provider for any stoppages or shortages of electrical power furnished to the micro network node, network node facilities, node support poles or ground equipment, 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 network provider of the structure, or for any other cause beyond the control of the city.
(b) 
Network provider shall not allow or install generators or back-up generators in the right-of-way.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Installation.
(1) 
Network provider shall, at its own cost and expense, install the micro network node, network node facilities, node support poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the city manager, as such may be amended from time-to-time. Network provider's work shall be subject to the regulation, control and direction of the city manager.
(2) 
All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the micro network node, network node facilities, node support poles and related ground equipment shall be in compliance with any agreement with the city as applicable and all applicable laws, ordinances, codes, rules and regulations of the city, county, state, and the United States ("laws").
(b) 
Standard pole load analysis on attachments to a service pole.
All applications for permits to collocate or attach to any service pole must have included in its permit application a completed industry standard individual pole load analysis performed and sealed by an engineer licensed by the state that indicates that the service pole to which the network node is to be attached will safely support the load. Such analysis shall also address safety of pole and attachments in regard to wind loads, collision with motor vehicle, supporting weight of the node, interference with city communications systems, and all other pertinent information.
(c) 
Inspections.
The city manager may perform visual inspections of any micro network node, network node, node support pole or related ground equipment located in the right-of-way as the city manager deems appropriate without notice. If the inspection requires physical contact with the micro network node, network node, node support poles or related ground equipment, the city manager shall provide written notice to the network provider within five (5) business days of the planned inspection. Network provider may have a representative present during such inspection.
(d) 
No installations shall be placed on the mast arm of a traffic-control signal.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Removal or relocation by network provider.
(1) 
If the network provider removes or relocates a micro network node, network node facilities, node support pole or related ground equipment at its own discretion, it shall notify the city manager in writing not less than ten business days prior to removal or relocation. Network provider shall obtain all permits required for relocation or removal of its micro network node, network node facilities, node support poles and related ground equipment prior to relocation or removal.
(2) 
The city shall not issue any refunds for any amounts paid by network provider for micro network node, network node facilities, node support poles or related ground equipment that have been removed.
(3) 
Any abandoned or obsolete micro network node, network node, node support pole or other related equipment shall be removed in strict accordance with this article and all other applicable ordinances and state law.
(4) 
Network provider shall remove micro network node, network node facilities, node support pole or related ground equipment when such facilities are abandoned regardless of whether or not notice is received from the city. Such removal must occur within ninety days from the date of abandonment, unless additional time is allowed by the city. The network provider shall provide advance written notice of such removal which must be received by the city at least two working days prior to the removal, except in case of emergency. Such notice shall specify the location and description of each micro network node, network node facilities, node support pole or related ground equipment to be removed.
(5) 
The city manager may require the network provider to complete additional remedial measures necessary for public safety and the integrity of any city facilities and the right-of-way.
(b) 
Removal or relocation required for city project.
(1) 
A network provider shall relocate or adjust micro network node, network node, node support pole and related ground equipment in a public right-of-way in a timely manner in accordance with sections 18.03.012 and 18.03.028 and without cost to the municipality managing the public right-of-way.
(2) 
Pursuant to state law and as a condition for occupancy of the right-of-way, the network provider may be required by the city to remove or relocate any of its facilities, including but not limited to, its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the right-of-way, and network provider shall, at the city manager's direction, remove or relocate the same at network provider's sole cost and expense, whenever the city manager reasonably determines that the relocation or removal is needed as set out in sections 18.03.012 and 18.03.028.
(3) 
If network provider fails to remove or relocate the micro network node, network node, node support pole or related ground equipment, or portion thereof as requested by the city manager within ninety (90) days of network provider's receipt of the request, then the city shall be entitled to remove the micro network node, network node, node support pole or related ground equipment, or portion thereof at network provider's sole cost and expense, without further notice to network provider, and network provider shall, within thirty (30) days following issuance of invoice for the same, reimburse the city for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the micro network node, network node, node support pole or related ground equipment, or portion thereof.
(c) 
Removal required by city for safety or due to imminent danger; or for improper permitting or licensing.
(1) 
Network provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment within the time frame and in the manner required by the city manager if the city manager reasonably determines that the disconnection, removal, or relocation of any part of a micro network node, network node, node support pole and related ground equipment:
(A) 
Is necessary to protect the public health, safety, welfare, or city property;
(B) 
The micro network node, network node, node support pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property; or
(C) 
Network provider fails to obtain all applicable licenses, permits, and certifications required by law for its micro network node, network node, node support pole and related ground equipment, or use of any location under applicable law.
If the city manager reasonably determines that there is imminent danger to the public, then the city may immediately disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment at the network provider's sole cost and expense.
(2) 
The city manager shall provide ninety (90) days' written notice to the network provider before removing a micro network node, network node, node support pole and related ground equipment under this section, unless there is imminent danger to the public health, safety, and welfare.
(3) 
Network provider shall reimburse city for the city's actual cost of removal of micro network node, network node, node support pole and related ground equipment within thirty (30) days of receiving the invoice from the city.
(d) 
Restoration.
Network provider shall repair any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third party resulting from network provider's removal or relocation activities (or any other of network provider's activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at network provider's sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date network provider was granted a permit for the applicable location or did the work at such location (even if network provider did not first obtain a permit), 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.
(e) 
Network provider responsible.
Network provider shall be responsible and liable for the acts and omissions of network provider's employees, temporary employees, officers, directors, consultants, agents, affiliates, subsidiaries, subnetwork provider's and subcontractors in connection with the installations of any micro network node, network node, node support pole and related ground equipment, as if such acts or omissions were network provider's acts or omissions.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
Upon abandonment or upon being deemed abandoned, network provider has a duty to promptly remove its facilities from the right-of-way. Notice from the city is not a prerequisite to the requirement for removal.
(b) 
If the network provider does not promptly remove its facilities, removal procedures as set out in section 18.03.062 may be followed.
(Ordinance O-2023-075 adopted 12/14/2023)
(a) 
All requirements of this article, including division 2, shall be met as applicable.
(b) 
No city allocation of funds for removal and storage.
All costs of any removal or storage of micro network node, network node, node support pole and related ground equipment, as authorized under this division, shall be the responsibility of the network provider and the city is not required to expend no funds to meet the requirements of the network providers. Any funds expended by the city due to an emergency or failure of a person to abide by these requirements shall be reimbursed to the city.
(c) 
Ownership.
No part of a micro network node, network node, node support pole and related ground equipment erected or placed on the right-of-way by network provider will become or be considered by the city as being affixed to or a part of, the right-of-way. All portions of the micro network node, network node, node support pole and related ground equipment constructed, modified, erected, or placed by network provider on the right-of-way will be and remain the property of network provider and may be removed by network provider at any time, provided the network provider shall notify the city manager prior to any work in the right-of-way.
(d) 
Size limits.
(1) 
Network providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in this article or state law with each application, notice of work to be performed or request for a permit for each location; provided, however, where possible providers are encouraged to reduce the size of installed facilities.
(2) 
The size limits in this article are only applicable for so long as required by state law. If chapter 284 of the Local Government Code is found to be repealed, struck down, pre-empted or invalid, in whole or in part, the standards required by the city, either in the municipal authorization or an amendment to the municipal authorization or the directives of the city or this division then such standards shall be subject to individualized review.
(Ordinance O-2023-075 adopted 12/14/2023)
Insurance, indemnity, bonding and security deposits shall be in strict accordance with section 18.03.052, and other applicable ordinances, except to the extent not consistent with state or federal law.
(Ordinance O-2023-075 adopted 12/14/2023)
Placement or modification of micro network node, network node, node support pole and related ground equipment shall comply with this section at the time the permit for installation or modification, and as this section may be approved or amended from time-to-time.
(Ordinance O-2023-075 adopted 12/14/2023)