The definitions in this section apply only in this chapter, and not to other chapters of the City Code of Ordinances of Pleasanton, Texas:
ALTERATION. Any modification, replacement, or reconstruction that increases the height or materially increases the dimension of a tower structure.
APPLICANT. A person requesting a right or privilege governed by this chapter. More than one person may combine as one petitioner, but then each is jointly and severally liable for the obligations of the petitioner.
APPLICATION. A written request by a person for rights or privileges under this chapter.
CITY. The City of Pleasanton.
CITY MANAGER. The City Manager of the city or the City Manager's designee.
COLLOCATOR. Any person that installs wireless communications facilities on an existing tower located on city property.
COMMUNICATIONS FACILITY. Antennas, antenna arrays, antenna facilities, radios, control boxes, cabinets, fiber optic and coaxial cables, conduit ducts, power sources, ducts, spaces, manholes, vaults, poles, pole lines, fence, repeaters, converters, underground and overhead passageways, and other equipment, structures, plant, other appurtenances or tangible things, or any structure or object of any kind or character not particularly mentioned herein, owned, leased, operated, or licensed by a person located on city property used to provide communications services.
DIRECTOR. The director of the city department responsible for the applicable duty as designated by city ordinance or the City Manager.
ENCROACHMENT. Any physical obstruction or any structure or object of any kind or character placed either in, under, or over any city street, alley or drainage easement in which the city has an interest.
HEIGHT OF TOWER. The vertical distance between the finished grade at the base of the tower or the lowest point of contact with the building, and the highest point of the tower structure, excluding the antennae.
LICENSE. An instrument granted to allow the use or occupation of the city's interest in a property for a specific interval of time. LICENSES require City Council approval.
PERMIT. An instrument granting approval for encroachments into city right-of-way or drainage easements. A PERMIT grants no property interest in the real property area subject to the PERMIT.
PERSON. An individual, corporation, organization, government or governmental subdivision or agency, business trust estate, trust, partnership, association, and any other legal entity.
PETITION. A written request by a petitioner for rights or privileges under this chapter. The PETITION may be in letter form and must state the location of the affected city property and the purpose and scope of the proposed use or disposition of the property. The PETITION must further include such attachments and additional detail as the director may require.
PETITIONER. A person requesting a right or privilege governed by this chapter. More than one person may combine as one PETITIONER, but then each is jointly and severally liable for the obligations of the PETITIONER.
PUBLIC RIGHT-OF-WAY or RIGHT-OF-WAY. Any real estate owned by the city in easement or fee over which the public has a right to pass, such as public streets, roads, lanes, paths, alleys, and sidewalks, whether improved or unimproved.
PUBLIC UTILITY. Any person, company, corporation, cooperative corporation, partnership, or any combination thereof, that is subject to both a municipal franchise agreement and the comprehensive regulatory system established by and defined in the Texas Public Utility Regulatory Act, that owns or operates for compensation equipment or facilities for:
(1) Producing, generating, transmitting, distributing, selling, or furnishing electricity; or
(2) The conveyance, transmission, or reception of communications over a telephone system as a dominant carrier.
(3) The term PUBLIC UTILITY shall not include, as is defined in the Public Utility Regulatory Act, telegraph services, television stations, radio stations, community antenna television services, general radiotelephone services, or radio-telephone services authorized under the Public Mobile Radio Services rules of the Federal Communications Commission or private water companies.
PUBLIC WORKS DIRECTOR. The director of the city department responsible for the applicable duty as designated by city ordinance or the City Manager.
TOWER or TOWER STRUCTURE. A fixed, freestanding or guyed uninhabitable structure, not designed as a shelter or to be occupied for any use. This definition includes, but is not limited to, any such structure supporting antennae that transmit or receive any portion of the electromagnetic spectrum of radio waves. The following are, by way of example but not limitation, TOWERS or TOWER STRUCTURES: guyed or freestanding monopole structures, lattice or open framed structures, antennae supports, water towers, and other similar self-supporting, trussed, or open framed structures.
UTILITY AGENCY. Either or both of the Pleasanton water system or their successors, for so long as the utility agency is part of the city is a municipally-owned utility of the city.
(Ord. 23-1314, passed 5-11-2023)