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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See. 74.222 Restoration. The network provider shall repair any damage to the right-of-way, or any facilities located within the right-of-way, and the property of any third parry resulting from the network provider's removal or relocation activities within ten calendar days following the date of such removal or relocation, at the service provider's sole cost and expense, including restoration of the right-of-way and such property to substantially the same condition as it was immediately before the date the network provider was granted a permit for the applicable location or did the work at such location (even if the network provider did not first obtain a permit), including restoration or replacement of any damaged trees, shrubs or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the City Manager. See. 74.223 Network Provider's Responsibility. The network provider shall be responsible and liable for the acts and omissions of its employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, and subcontractors in connection with the installation of any micro network node, network node, node support pole and related ground equipment, as if such acts or omissions were the network provider's acts or omissions. SECTION 2. The City Council hereby approves the Design Manual of the City of San Marcos for the Installation of Network Nodes and Node Support Poles pursuant to Chapter 284 of the Texas Local Government Code which is attached hereto as Exhibit A. SECTION 3. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 5. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 6. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on October 17, 2017. PASSED, APPROVED AND ADOPTED on second reading on November 8, 2017. John Thomaides Mayor