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For the purpose of this subchapter, the definitions found in the city design manual for the installation of network nodes and node support poles ("the design manual") are hereby incorporated into this subchapter and shall apply unless the context clearly indicates or requires a different meaning. The definitions contained within the city's right-of-way management ordinance(s) currently in effect, and as amended, (the "general definitions") shall be applicable to this subchapter to the extent that there is no conflict between the general definitions and the definitions contained herein or the definitions in the design manual. In the event of a conflict between the definitions in this subchapter, the definitions in the design manual and the general definitions, the definitions contained in this subchapter and the design manual shall control. The following definitions are specifically applicable to this subchapter:
(1) The city adopted uniform or international building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and
(2) Local amendments to those codes as adopted by the city to the extent not inconsistent with Tex. Local Gov't Code, Chapter 284.
CITY. The City of Heath, Texas or its lawful successor.
CITY COUNCIL. The municipal governing body of the city.
CITY MANAGER. The City Manager or his/her designee.
CITY OWNED UTILITY POLE. A utility pole owned or operated by a city owned utility, as defined by Tex. Util. Code, § 11.003, and located in a public right-of-way.
COLLOCATE AND COLLOCATION. The installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.
DECORATIVE POLE. A streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory city ordinances and applicable codes.
DESIGN DISTRICT. An area that is zoned, or otherwise designated by city's ordinances and Applicable Codes, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.
EASEMENT. Includes any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. EASEMENT shall include a private easement used for the provision of utilities.
FEDERAL COMMUNICATIONS COMMISSION OR FCC. The Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.
HIGHWAY RIGHT-OF-WAY. Public right-of-way adjacent to a state or federal highway.
HISTORIC DISTRICT. An area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.
LAW. Common law or a federal, state, or local law (municipal or county), statute, code, rule, regulation, order, or ordinance.
LOCAL. Within the geographical boundaries of the city.
LOCATION. The city-approved and lawfully permitted location for the network node, pole, or other equipment of the network provider.
MACRO TOWER. A guyed or self-supported pole or monopole greater than the height parameters prescribed by Tex. Local Gov't Code, § 284.103 and that supports or is capable of supporting antennas.
MAYOR. The Mayor of the city, or designee.
MICRO NETWORK NODE. A network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches.
MUNICIPAL PARK. An area that is zoned or otherwise designated by the city or city ordinance as a public park for the purpose of recreational activity.
(1) Equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes:
(a) Equipment associated with wireless communications;
(b) A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration;
(c) Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and
(2) Does not include:
(a) An electric generator;
(b) A pole; or
(c) A macro tower.
(1) A wireless service provider; or
(2) A person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider:
(a) Network nodes; or
(b) Node support poles or any other structure that supports or is capable of supporting a network node.
NODE SUPPORT POLE. A pole installed by a network provider for the primary purpose of supporting a network node.
PERMIT. A written authorization for the use of the public right-of-way or collocation on a service pole required from the city before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.
POLE. A service pole, city-owned utility pole, node support pole, or utility pole.
PRIVATE EASEMENT. An easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.
PROVIDER. Has the same meaning as NETWORK PROVIDER.
PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include:
(1) A private easement; or
(2) the airwaves above a public right-of-way with regard to wireless telecommunications.
RIGHT-OF-WAY MANAGEMENT ORDINANCE. The right-of-way ordinance codified in the City of Heath Code of Ordinances as Title V, "Public Works", Chapter 56, "Division 1", "Right-of-Way Management", whether in effect upon the date of adoption of this subchapter or adopted thereafter, and as may be amended from time to time in the future;, including amendments adopting additional sections.
SERVICE POLE. A pole, other than a city-owned utility pole, owned or operated by the city and located in a public right-of-way, including:
(1) A pole that supports traffic control functions;
(2) A structure for signage;
(3) A pole that supports lighting, other than a decorative pole; and
(4) A pole or similar structure owned or operated by the city and supporting only network nodes.
STREET. Only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A STREET is generally part of, but smaller in width than the width of the entire public right-of-way, while a public right-of-way may include sidewalks and utility easements. A STREET does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.
TRAFFIC SIGNAL. Any city owned or operated device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
TRANSPORT FACILITY. Each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.
USER. A person or organization which conducts a business over facilities occupying the whole or a part of a public street or public right-of-way, depending on the context.
UTILITY POLE. A pole that provides:
(1) Electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(2) Services of a telecommunications provider, as defined by Tex. Local Gov't Code, Chapter 284, Tex. Util. Code § 51.002.
WIRELESS SERVICE. Any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.
WIRELESS SERVICE PROVIDER. A person that provides wireless service to the public.
WIRELESS FACILITIES.MICRO NETWORK NODES, NETWORK NODES, and NODE SUPPORT POLES as defined in Tex. Local Gov't Code, Chapter 284.
(Ord. 170822A, passed 8-22-2017)