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Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole <br />3 <br />height, with each application and with each request for a permit for each location. <br />2. State and Federal Rights-of-way permit. If the project lies within a Highway <br />Right-of-Way, the applicant must provide evidence of a permit from the State or Federal <br />Government. <br />3. Confirmation of non-interference with City Safety Communication or SCADA <br />Networks. <br />a. The Network Provider needs to provide analysis that the proposed <br />network node shall not cause any interference with City public safety radio <br />system, traffic signal light system, SCADA system, or other city safety <br />communications components in accordance with Chapter 284, Sec. 284.304. <br />b. It shall be the responsibility of the Network Provider to evaluate, prior <br />to making application for permit, the compatibility between the existing City <br />infrastructure and Provider’s proposed Network Node. A Network Node shall not <br />be installed in a location that causes any interference. Network Nodes shall not be <br />allowed on City’s public safety radio infrastructure. <br />4. Improperly Located Network Node facilities, Node Support Poles and related <br /> ground equipment: <br />a. Improperly Located Network Node facilities, Node Support Poles and <br />related ground equipment shall not impede pedestrian or vehicular traffic in the <br />Right-of-Way. If any Network Node facilities, Node Support Poles or ground <br />equipment is installed in a location that is not in accordance with the plans <br />approved by the City Manager and impedes pedestrian or vehicular traffic or does <br />not comply or otherwise renders the Right-of-Way non-compliant with applicable <br />Laws, including the American Disabilities Act, then Network Provider shall <br />promptly remove the Network Node facilities, Node Support Poles or ground <br />equipment. <br /> b. Notice to Remove unauthorized facilities and relocate and penalty: <br /> After 30 days’ notice to remove of Network Node facilities, Node Support Poles <br /> or ground equipment that is located in the incorrect permitted location, if not <br /> relocated the Network Provider shall be subject to a penalty of $XXXX per day <br /> penalty until the Network Node facilities, Node Support Poles or ground <br /> equipment is relocated to the correct area within the permitted Location, <br /> regardless of whether or not the Network Provider’s contractor, subcontractor, or <br /> vendor installed the Network Node facilities, Node Support Poles or ground <br /> equipment in strict conformity with the City Rights-of-way management ord., and <br /> other applicable ordnances concerning improperly located facilities in the rights- <br /> of-way. <br />B. Underground Requirement Areas. <br />1. In accordance with Chapter 284.107, a Network Provider shall, in relation to <br />installation for which the City approved a permit application, comply with <br />nondiscriminatory undergrounding requirements, including municipal ordinances, zoning <br />regulations, state law, private deed restrictions, and other public or private restrictions, <br />12 <br /> <br /> <br />