Activities associated with installing and maintaining wireless network facility equipment
in the public right-of-way pursuant to Chapter 284 of the Texas Local Government Code,
in addition to being subject to Subparts A (
General Provisions
) and B (
Excavation and Installation Permits
) above, are subject to and required to comply with this subpart. Terms used in this
subpart have the meaning provided in Section 284.002 of the Texas Local Government
Code unless specified otherwise.
(B)
This subpart is adopted to comply with Chapter 284 of the Texas Local Government Code
as enacted by the passage of Texas Senate Bill 1004 during the 85
th
Texas Legislature. This chapter and any right granted to a network provider by its
application, including any by an administrative rule, policy, or agreement in furtherance
of a rule or policy authorized by the adoption of this subchapter, are only effective
for so long as the City is obligated pursuant to Chapter 284 of the Texas Local Government
Code to grant permits in the manner prescribed by that chapter. Upon the effective
date of any state legislation or upon the effective date of any judicial order or
decree that modifies or invalidates in whole or in part Chapter 284 of the Texas Local
Government Code, this subpart and any permitted right granted to a network provider
by the application of this subpart is modified or invalidated and any conflicting
permit, contract, or contract term granted or executed in furtherance of the modified
or invalidated statute is void, except to the extent that the director determines
that rights may still exist under state law, in which case the permit, contract, or
contract term is voidable by the director.
Source: Ord. No.
20170817-045
, Pt. 2, 8-17-17.
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