|
<br />SECTION 1. PURPOSE AND APPLICABILITY.
<br />
<br />The City of San Marcos (“City”) recognizes that the State of Texas has delegated to the
<br />City the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and
<br />welfare of the public to Texas municipalities.
<br />
<br />Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install
<br />in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code,
<br />Chapter 284, Sec. 284.002 as “Micro Network Nodes”, “Network Nodes”, and “Node Support
<br />Poles”.
<br /> As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and
<br />1
<br />pursuant to its police power authority reserved in Sec. 284.301, the City enacts these Design
<br />Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and
<br />guidance to wireless telecommunications providers to assist such companies in the timely,
<br />efficient, safe and aesthetically pleasing installation of technologically competitive equipment.
<br />
<br />Applicability: This Design Manual is for siting and criteria for the installation Wireless
<br />Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
<br />ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284
<br />
<br />This Design Manual shall apply to any sitings, installations, collocations in, on, over or
<br />under the public rights-of-way of Network nodes, Node support poles, Micro network nodes,
<br />Distributed Antenna Systems, microwave communications or other Wireless Facilities, by
<br />whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant
<br />to an agreement as agreed to and consented to by the City in its discretion, or installed as may
<br />otherwise be allowed by state law.
<br />
<br />City Rights-of-Way Management Ordinance: A Network Provider shall comply with the
<br />City’s Rights-of-Way Management Ordinance except where in conflict with this Design Manual
<br />or Chapter 284, Subchapter C.
<br />
<br />SECTION 2. DEFINITIONS.
<br />
<br />The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this
<br />2
<br />Design Manual, unless otherwise noted in this Section 2, below.
<br />
<br />Abandon and its derivatives means the facilities installed in the right-of-way (including by way
<br />of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes
<br />and node support poles, or portion thereof) that have been left by Provider in an unused or non-
<br />functioning condition for more than 120 consecutive calendar days unless, after notice to
<br />Provider, Provider has established to the reasonable satisfaction of the City that the applicable
<br />facilities, or portion thereof, is still in active use.
<br />
<br />3
<br />
<br />
<br />
|