(A) Removal or relocation by network provider.
(1) Notice. In the event of removal or relocation of a micro network node, network node facilities. Node support pole or related ground equipment by a network provider at its own discretion, network provider 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) No refunds. No refunds of any amounts paid by network provider for micro network node, network node facilities, node support poles or related ground equipment that have been removed shall be due from city to network provider.
(B) Removal or relocation required for city project.
(1) In accordance with Tex. Local Gov't Code, § 284.107, except as provided in existing state and federal law, 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 and without cost to the city as manager of the public right-of-way.
(2) The city may require network provider to remove or relocate its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the public right-of-way for city construction projects as allowed by law, including the common-law, without compensation.
(3) The network provider shall, at the City Manager's direction, remove or relocate the same at Network provider's sole cost and expense, except as otherwise provided in existing state and federal law, when the City Manager reasonably determines that the relocation or removal is required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any city construction or maintenance project of a street or public rights-of-way to enhance the use of the public for travel and transportation.
(4) If the 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 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.
(5) The network provider shall, within 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 and imminent danger reasons.
(1) Public health and safety. The 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 clanger 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) Notice. The City Manager shall provide 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) Reimbursement. The 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 30 days of receiving the invoice from the city.
(Ord. 170822A, passed 8-22-2017)