§ 74.231. Requirements in regard to removal, replacement, replacement, maintenance and repair.

A.

Removal or relocation by network provider.

1.

Removal and relocation by the network provider of its micro network node, network node facilities, node support pole or related ground equipment at its own discretion, shall be in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 284.

2.

If the network provider removes or relocates a micro network node, network node facilities, node support pole or related ground equipment at its own discretion, it shall notify the city manager in writing not less than 10 business days prior to removal or relocation. Network provider shall obtain all permits required for relocation or removal of its micro network node, network node facilities, node support poles and related ground equipment prior to relocation or removal.

3.

The city shall not issue any refunds for any amounts paid by network provider for micro network node, network node facilities, node support poles or related ground equipment that have been removed.

B.

Removal or relocation required for city project.

1.

Removal and relocation of network provider's micro network node, network node, node support pole or related ground equipment, or portion thereof required for a city project shall be in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 284, § 284.107, except as provided in existing state and federal law.

2.

In accordance with Chapter 284, Section 284.107, except as provided in existing state and federal law, a network provider shall relocate or adjust micro network node, network node, node support pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way

3.

Network provider understands and acknowledges that the city may require network provider to remove or relocate its micro network node, network node, node support pole and related ground equipment, or any portion thereof from the right-of-way for city construction projects as allowed by state and feral law, including the common-law.

4.

Network provider shall, at the city manager's direction, remove or relocate the same at network provider's sole cost and expense, except as otherwise provided in existing state and federal law, whenever the city manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any city construction or maintenance project of a street or public rights-of-way to enhance the traveling publics use for travel and transportation.

5.

If network provider fails to remove or relocate the micro network node, network node, node support pole or related ground equipment, or portion thereof as requested by the city manager within 90 days of network provider 's receipt of the request, then the city shall be entitled to remove the micro network node, network node, node support pole or related ground equipment, or portion thereof at network provider's sole cost and expense, without further notice to network provider.

6.

Network provider shall, within 30 days following issuance of invoice for the same, reimburse the city for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the micro network node, network node, node support pole or related ground equipment, or portion thereof.

C.

Removal required by city for safety and imminent danger reasons.

1.

Network provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment within the time frame and in the manner required by the city manager if the city manager reasonably determines that the disconnection, removal, or relocation of any part of a micro network node, network node, node support pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or city property, (b) the micro network node, network node, node support pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property, or (c) network provider fails to obtain all applicable licenses, permits, and certifications required by law for its micro network node, network node, node support pole and related ground equipment, or use of any location under applicable law in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 284.

2.

If the city manager reasonably determines that there is imminent danger to the public, then the city may immediately disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment at the network provider's sole cost and expense in strict accordance with the city's rights-of-way management ordinance, and other applicable ordinances, codes and policies, except to the extent not consistent with V.T.C.A., Local Government Code Ch. 284.

3.

Network provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment within the time frame and in the manner required by the city manager if the city manager reasonably determines that the disconnection, removal, or relocation of any part of a micro network node, network node, node support pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or city property, (b) the micro network node, network node, node support pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or city property, or (c) network provider fails to obtain all applicable licenses, permits, and certifications required by law for its micro network node, network node, node support pole and related ground equipment, or use of any location under applicable law. If the city manager reasonably determines that there is imminent danger to the public, then the city may immediately disconnect, remove, or relocate the applicable micro network node, network node, node support pole and related ground equipment at the network provider's sole cost and expense.

4.

The city manager shall provide 90 days written notice to the network provider before removing a micro network node, network node, node support pole and related ground equipment under this section, unless there is imminent danger to the public health, safety, and welfare.

5.

Network provider shall reimburse city for the city's actual cost of removal of micro network node, network node, node support pole and related ground equipment within 30 days of receiving the invoice from the city.

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