Ord 2017-056/establishing standards for permitting, design, installation, inspection and operation of Small Cell Network Infrastructure in City ROW or on City infrastructure

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ORDINANCE NO. 2017- 5 6 AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 74 OF THE CODE OF ORDINANCES TO ADD A NEW ARTICLE 7 TO PROVIDE A FRAMEWORK FOR THE DEPLOYMENT OF NETWORK NODES AND NODE SUPPORT POLES IN THE RIGHT-OF-WAY BY NETWORK PROVIDERS IN ACCORDANCE WITH SENATE BILL 1004 CODIFIED AS TEXAS LOCAL GOVERNMENT CODE CHAPTER 284; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City of San Marcos ("City") is charged with maintaining control of and access to the public rights-of-way to protect the health, safety and welfare of its citizens and visitors. 2. The Texas Legislature recently enacted Senate Bill 1004 codified as Chapter 284 of the Texas Local Government Code ("Chapter 284") which grants wireless network providers access to city right-of-way and the authority to construct, install, and operate network nodes (small cell antennas and related equipment) on municipally owned utility poles, city light poles, and city traffic signal poles, as well as their own poles, for the purpose of supporting network nodes. 3. The newly enacted Chapter 284 also regulates the type of information a municipality may require as part of the permitting process, establishes a fee structure, and sets deadlines that municipalities must follow as part of the permitting process. 4. It is the City Council's desire to exercise the maximum authority preserved to local governments following the creation of Chapter 284 by adopting a Design Manual for the installation and construction of network nodes and node support poles in the City's right-of-way. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, THAT: SECTION 1. Chapter 74 of the City Code titled Streets and Sidewalks is amended by adding a new Article 7 titled Network Nodes, Node Support Poles, and Related Facilities in the Public Right - of -Way as follows: See. 74.209 Definitions. In this article: Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.