§ 78-206. Definitions.

For the purpose of this division, the definitions found in the City of Mineral Wells Design Manual for the Installation of Network Nodes and Node Support Poles ("the design manual") are hereby incorporated into this division and shall apply unless the context clearly indicates or requires a different meaning. In the event of a conflict between the definitions in this division and the definitions in the design manual, the definitions contained in this division shall control. The following definitions are specifically applicable to this division:

Applicable codes means:

(1)

The city adopted uniform or international building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and

(2)

Local amendments to those codes as adopted by the city to the extent not inconsistent with Chapter 284.

Chapter 284 means Texas Local Government Code, Chapter 284, as amended.

City means the City of Mineral Wells, Texas or its lawful successor.

City council means the municipal governing body of the City of Mineral Wells, Texas.

City Manager means the city manager of the City of Mineral Wells or his/her designee.

City owned utility pole means a utility pole owned or operated by a city owned utility, and located in a public right-of-way.

Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole.

Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory city ordinances and applicable codes.

Design district means an area that is zoned, or otherwise designated by city's ordinances and applicable codes, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis.

Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities.

Federal Communications Commission or FCC means the Federal Administrative Agency, or lawful successor, authorized to oversee cable television and other multi-channel regulation on a national level.

Highway right-of-way means public right-of-way adjacent to a state or federal highway.

Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.

Law means common law or a federal, state, or local law (municipal or county), statute, code, rule, regulation, order, or ordinance.

Local means within the geographical boundaries of the city.

Location means the city-approved and lawfully permitted location for the network node, pole, or other equipment of the network provider.

Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 of Chapter 284 and that supports or is capable of supporting antennas.

Mayor means the mayor of the City of Mineral Wells, Texas, or designee.

Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches.

Municipal park means an area that is zoned or otherwise designated by the city or city ordinance as a public park for the purpose of recreational activity.

Network node means equipment at a fixed Location that enables wireless communications between user equipment and a communications network. The term:

(1)

Includes:

a.

Equipment associated with wireless communications;

b.

A radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and

c.

Coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and

(2)

Does not include:

a.

An electric generator;

b.

A pole; or

c.

A macro tower.

Network provider means:

(1)

A wireless service provider; or

(2)

A person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider:

a.

Network nodes; or

b.

Node support poles or any other structure that supports or is capable of supporting a network node.

Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node.

Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from the city before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority.

Pole means a service pole, city-owned utility pole, node support pole, or utility pole.

Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns.

Provider has the same meaning as "network provider."

Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest. The term does not include:

(1)

A private easement; or

(2)

The airwaves above a public right-of-way with regard to wireless telecommunications.

Right-of-way management ordinance means the ordinances codified in the City of Mineral Wells Code of Ordinances that regulate the right-of-way whether in effect upon the date of adoption of Division 2 or adopted thereafter, and as may be amended from time to time in the future, including amendments adopting additional sections.

Service pole means a pole, other than a city owned utility pole, owned or operated by the city and located in a public right-of-way, including:

(1)

A pole that supports traffic control functions;

(2)

A structure for signage;

(3)

A pole that supports lighting, other than a decorative pole; and

(4)

A pole or similar structure owned or operated by the city and supporting only network nodes.

Street means only the paved portion of the public right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A "street" is generally part of, but smaller in width than the width of the entire public right-of-way, while a public right-of-way may include sidewalks and utility easements. A "street" does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later.

Traffic signal means any city owned or operated device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.

User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or public right-of-way, depending on the context.

Utility pole means a pole that provides:

(1)

Electric distribution with a voltage rating of not more than 34.5 kilovolts; or

(2)

Services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code.

Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.

Wireless service provider means a person that provides wireless service to the public.

Wireless facilities mean "micro network nodes," "network nodes," and "node support poles" as defined in Texas Local Government Code, Chapter 284.

( Ord. No. 2017-22, § 2.01, 8-15-2017 )