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ORDINANCE NO. 2017 -033
<br />AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 29,
<br />"STREETS, SIDEWALKS, AND OTHER PUBLIC PROPERTY," OF THE CODE
<br />OF ORDINANCES, CITY OF PARIS, PARIS, TEXAS TO ADD ARTICLE VI TO
<br />CHAPTER 29 REGARDING WIRELESS FACILITIES IN THE PUBLIC RIGHT -
<br />OF -WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
<br />SUBJECT; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
<br />SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN
<br />EFFECTIVE DATE.
<br />WHEREAS, the City of Paris, Texas ( "City ") is charged with maintaining control of
<br />and access to the public rights -of -way in order to protect the health, safety and welfare of
<br />its citizens; and
<br />WHEREAS, the City recognizes that the State of Texas has delegated to the City the
<br />fiduciary duty, as a trustee, to manage the public rights -of -way for the health, safety, and
<br />welfare of the public; and
<br />WHEREAS, Chapter 284 of the Texas Local Government Code ( "Chapter 284 "),
<br />recently added by the State Legislature and signed into law by the Governor, allows certain
<br />wireless Network Providers to install certain wireless facilities in the public rights -of -way,
<br />described and defined in Texas Local Government Code, Chapter 284, Sec. 284.002 as
<br />"Micro Network Nodes ", "Network Nodes ", and "Node Support Poles "; and
<br />WHEREAS, as expressly allowed by Texas Local Government Code, Chapter 284,
<br />Section 284.108, and pursuant to its police power authority reserved in Section 284.301,
<br />the City enacts this Ordinance in order to meet its fiduciary duty to the citizens of the City,
<br />and to give assistance and guidance to wireless telecommunications providers to assist
<br />such companies in the timely, efficient, safe and aesthetically pleasing installation of
<br />technologically competitive equipment; and
<br />WHEREAS, this Ordinance is for siting and criteria for the installation of wireless
<br />facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related
<br />ground equipment being installed pursuant to Chapter 284 of the Texas Local Government
<br />Code; and
<br />WHEREAS, this Ordinance shall apply to any siting, installations, collocations in, on,
<br />over or under the public rights -of -way of Network Nodes, Node Support Poles, Micro
<br />Network Nodes, Distributed Antenna Systems, microwave communications and other
<br />Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to
<br />Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the
<br />City in its discretion, or installed as may otherwise be allowed by state law; and
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