The city recognizes that the State of Texas has delegated to the city the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities.
(A) Purpose. Tex. Loc. Gov. Code, Chapter 284 allows certain wireless network providers to install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code, § 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support Poles.”
(B) As expressly allowed by Tex. Loc. Gov. Code, § 284.108, and pursuant to its police power authority reserved in Tex. Local Gov't Code, § 284.301, the city enacts these design guidelines in order to meet its fiduciary duty to the citizens of the city, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
(C) Applicability. This design manual is for siting and criteria for the installation wireless facilities, including micro network nodes, network nodes, node support poles and related ground equipment being installed pursuant to Tex. Loc. Gov. Code, Chapter 284.
(D) This design manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of network nodes, node support poles, micro network nodes, distributed antenna systems, microwave communications or other wireless facilities, by whatever nomenclature, whether they are installed pursuant to Tex. Local Gov't Code, Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the city in its discretion, or installed as may otherwise be allowed by state law.
(E) City rights-of-way management ordinance. A network provider shall comply with the city's rights-of-way management ordinance except where in conflict with this design manual or Tex. Local Gov't Code, Chapter 284(C).
(Ord. 170822B, passed 8-22-2017)