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(A) Installation. A network provider shall not install a new node support pole in a public right-of-way without the City Council's discretionary written consent, which consent shall be nondiscriminatory, if the public right-of way:
(1) Is in a municipal park; or
(2) Is adjacent to a street or thoroughfare that is:
(a) Not more than 50 feet wide; and
(b) Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(3) In addition to compliance with the requirements of the preceding section, a network provider installing a network node or node support pole in a public right-of way identified in this section shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.
(4) The network provider shall be further required to comply with guidelines set out in the city's design manual, applicable city ordinances and applicable codes.
(B) Safety. For the purpose of minimizing negative visual impact to the surrounding area, and in accordance with Tex. Local Gov't Code, § 284.102(1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City Manager may deny a request for a proposed location if the network provider installs network node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 square feet or more.
(Ord. 170822A, passed 8-22-2017)