§ 74.224. Purpose and applicability.

The City of San Marcos ("city") recognizes that the State of Texas has delegated to the city the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public to Texas municipalities.

Purpose: V.T.C.A., Local Government Code Ch. 284 allows certain wireless Network Providers to install in the public rights-of-way their wireless facilities, described and defined in V.T.C.A., Local Government Code Ch. 284, § 284.002 as "Micro Network Nodes", "Network Nodes", and "Node Support Poles".

As expressly allowed by V.T.C.A. Local Government Code Ch. 284, § 284.108, and pursuant to its police power authority reserved in V.T.C.A., Local Government Code § 284.301 ^[], the city enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the city, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment.

Applicability: This Design Manual is for siting and criteria for the installation wireless facilities, including micro network nodes, network nodes, node support poles and related ground equipment being installed pursuant to V.T.C.A., Local Government Code Ch. 284.

This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of network nodes, node support poles, micro network nodes, distributed antenna systems, microwave communications or other wireless facilities, by whatever nomenclature, whether they are installed pursuant to V.T.C.A., Local Government Code Ch. 284, or installed pursuant to an agreement as agreed to and consented to by the city in its discretion, or installed as may otherwise be allowed by state law.

City rights-of-way management ordinance: A network provider shall comply with the city's rights-of-way management ordinance except where in conflict with this Design Manual or V.T.C.A., Local Government Code Ch. 284, Subch. C.

(Ord. No. 2017-56 , § 2(Exh. A, Sec. 1), 11-8-17)