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.
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SECTION
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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
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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.
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This Ordinance shall become effective on September 1, 2017.
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Michael R. Carpenter, Mayor
Brenda Dennis, City Secretary
(SEAL OF THE CITY)