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17-M-33 - Design Manual for the installation of network nodesWHEREAS, the City of Schertz, Texas ( "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; and WHEREAS, Chapter 284 of the Texas Local Government Code ( "the Code ") allows certain wireless network providers to install in the public rights -of -way their wireless facilities, described and defined in Section 284.002 of the Code as "Micro Network Nodes ", "Network Nodes ", "Node Support Poles ", and "Transport Facilities "; and WHEREAS, as expressly allowed by Section 284.108 of the Code and pursuant to its police power authority reserved in Sec. 284.301 of the Code, the City desires to enact a Design Manual by the City of Schertz, Texas for the Installation of Network Nodes, Node Support Pales and Transport Facilities ( "the Design Manual ") in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunications network providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment; and WHEREAS, the City Council desires to approve a Pole Attachment Agreement by which wireless telecommunication network providers may attach and collocate their network nodes on city service and utility poles subject to the Code, the Design Manual, and the City Right -of -Way Management Ordinance. 1 h[Y]��I Y:I �1:� YI ICY : D C � ' � ;) : ► 1 C fl Y 11'LKYlII►[�7iY3Y7: Y:1�[Y71�11 `LY7 SECTION 1 ► ` 1 The forgoing recitals are incorporated into this Ordinance as true and correct findings of fact. SECTION APPROVING DESIGN The City Council hereby approves the Design Manual by the City of Schertz, Texas for the Installation of Network Nodes and Node Support Poles, which is attached here as Exhibit "A." SECTION III. APPROVING POLE ATTACHMENT AGREEMENT The City Council hereby approves the Pole Attachment Agreement, which is attached here as Exhibit `B." SECTION IV. GOVERNING LAW This Ordinance shall be construed in accordance with Chapter 284 of the Texas Local Government Code ( "the Code ") to the extent not in conflict with the Constitution and laws of the United States or of the State of Texas. SECTION V. REPEALING ALL ORDINANCES IN CONFLICT All other ordinances or parts of ordinances inconsistent or in conflict herewith, or to the extent of such inconsistency or conflict are hereby repealed. SECTION VI. SAVINGS CLAUSE This City Council of the City of Schertz, Texas does hereby declares that if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this Ordinance is declared invalid, or unconstitutional, by a court of competent jurisdiction, that, in such event that it would 2 SECTION V. It is hereby officially found and determined that the meeting at which this Ordinance was considered was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. SECTION VI. DECLARATION OF AN EMERGENCI It is hereby officially found and determined that, pursuant to the authority given the City Council under Section 4.09(e) of the Charter of the City of Schertz, an emergency exists requiring this ordinance to be voted upon and rejected or passed at the meeting at which it was first introduced. W Drug qmn"� This Ordinance shall become effective on September 1, 2017. W"i ��MFWWR. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY)