§ 28-83. Network providers.

(a)

Network provider's authority required/nonexclusive use. A network provider must provide evidence that the network provider has acquired all required authorization pursuant to state law, prior to obtaining a permit to use public right-of-way. The network provider's right to use and occupy the public right-of-way shall not be exclusive, and the city shall have the right to exercise its police powers and manage its public right-of-way, based on the Texas Local Gov't Code Chapter 284 and all other state or federal laws.

(b)

Transfer and notice. A network provider shall notify the public works director of any sale, transfer, merger or assignment of the ownership or control of a network provider's business within 30 days of such sale, transfer, merger or assignment. A network provider shall also maintain and provide current point-of-contact information with the public works director at all times during which the network uses the right-of-way.

(c)

Network Provider indemnity. A network provider shall indemnify the city as specified by the Texas Local Government Code, as may be amended.

(d)

Compliance with Design Manual. A network provider shall comply with the City of Waxahachie, Texas, Public Right-of-Way Wireless Communication Facilities Design Manual, adopted August 21, 2017, and as amended, for the installation of network nodes and node support poles, as amended by public works director.

( Ord. No. 2961, § 3, 8-21-17 )