(A) Removal or relocation by network provider. Removal and relocation by the network provider of its micro network node, network node facilities, node support pole or related ground equipment at its own discretion, shall be in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Tex. Local Gov't Code, Chapter 284.
(B) Removal or relocation required for city project. Removal and relocation of network provider's micro network node, network node, node support pole or related ground equipment, or portion thereof required for a city project shall be in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Tex. Local Gov't Code, § 284.107, except as provided in existing state and federal law.
(C) Removal required by city for safety and imminent danger reasons.
(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 in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Tex. Local Gov't Code, Chapter 284.
(2) 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 in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Tex. Local Gov't Code, Chapter 284.
(Ord. 170822B, passed 8-22-2017)