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§ 157.06 EFFECT OF PERMIT.
   (A)   Authority granted. A permit from the city authorizes an applicant to undertake only certain activities in accordance with this chapter, and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the public right-of-way.
   (B)   Time of installation. A network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion. Provided, however, the city may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider.
   (C)   Right to occupy. Once a network provider has collocated a network node or placed a node support pole pursuant to a permit, the provider shall be permitted to continue to maintain such collocation or such pole unless required to remove or relocate under the terms of this chapter.
   (D)   Interference with network nodes. City will not grant a permit to any person to install any network node or other wireless facility if the city knows or has reason to know that such person's use of such network node of other wireless facility may in any way adversely affect or interfere with the use and operation of an existing and operational network node for which the city has previously issued a permit.
(Ord. 101-18, passed 2-20-18)
§ 157.07 REMOVAL, RELOCATION OR MODIFICATION OF NETWORK NODES IN THE ROW.
   (A)   Notice. Within 90 days following written notice from the city, a network provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any network node or node support pole within the public right-of-way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the public right-of-way.
   (B)   Emergency removal or relocation of facilities. The city retains the right and privilege to disconnect or move any network node located within the public right-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall notify the network provider and allow the network provider an opportunity to move its own facilities prior to the city disconnecting or removing a facility and shall notify the network provider after disconnecting or removing a network node or node support pole.
   (C)   Abandonment of facilities. Upon abandonment of a network node or node support pole within the public right-of-way, the network provider shall notify the city within 90 days. Following receipt of such notice, the city may direct the network provider to remove all or any portion of a network node or node support pole if the city, or any of its departments, determines, subject to city code, that such removal is necessary to protect public health, safety and welfare.
(Ord. 101-18, passed 2-20-18)
§ 157.08 PUBLIC RIGHT-OF-WAY RATE.
   (A)   Annual rate. Once a network provider has installed and made operational a network node in the public right-of-way, network provider shall pay to the city compensation for use of the public right-of-way in the amount of $250 annually per node in the city public right-of-way.
   (B)   Cease payment. A network provider is authorized to remove its facilities at any time from the public right-of-way and cease paying the city compensation for use of the public right-of-way following removal and notification to the city of such removal.
(Ord. 101-18, passed 2-20-18)
§ 157.09 ATTACHMENT TO SERVICE POLES IN THE PUBLIC RIGHT-OF-WAY.
   A network provider shall be permitted to attach network nodes to city-owned service poles, consistent with applicable law and city code and subject to the requirements specified herein.
   (A)   Permits. A network provider shall obtain a permit, pursuant to the terms of this chapter, prior to collocating network nodes on service poles.
   (B)   Make ready. Network provider shall be responsible for costs for make ready work on city service poles to which provider seeks to place a network node.
   (C)   Technical limitations. In the event the city determines, based upon technical grounds, that inadequate space exists on a service pole to accommodate the proposed network node, such pole may be replaced by network provider, at the network provider's expense, with a service pole with adequate space to accommodate the proposed network node.
   (D)   Facilities rearrangements. If another provider would have to rearrange or adjust any of its facilities to accommodate a new network node, the city shall use reasonable efforts to work with the affected providers to coordinate such activity. All make ready work shall comply with NESC, and other applicable codes. The applicant shall not be responsible for any third-party costs, including those of other network providers, to adjust existing attachments that are non-compliant with the NESC and other applicable codes at the time of the application.
   (E)   Service pole attachment fee. The rate to collocate a network node on a service pole in the public right-of-way shall be as set in the city's fee schedule. Subject to the provisions of § 157.10, such compensation together with the application fee and the public right-of-way rate specified in § 157.08 shall be the sole compensation that the network provider shall be required to pay to the city.
   (F)   Cease payment. A network provider is authorized to remove its facilities at any time from a service pole in the public right-of-way and cease paying the attachment fee to the city upon notification to the city that the facilities have been removed.
(Ord. 101-18, passed 2-20-18; Ord. 101-21, passed 3-16-21)
Cross-reference:
   Fee schedule, see § 38.01
§ 157.10 TRANSPORT FACILITY.
   Installation of transport facilities, including applicable compensation to the city for such facilities, shall be governed by Tex. Local Gov’t Code, Ch. 284.055.
(Ord. 101-18, passed 2-20-18)
§ 157.11 DESIGN MANUAL.
   A network provider shall comply with the city's design manual, if any, in place on the date a permit application is filed in relation to work for which the city has approved a permit application. The city's design manual may not conflict with applicable law and must be competitively neutral.
(Ord. 101-18, passed 2-20-18)