§ 9-7-2. Definitions.

Each term used in this Chapter that is not specifically defined herein but is defined in V.T.C.A., Local Government Code, ch. 284, as may be amended, shall have the meaning provided in V.T.C.A., Local Government Code ch. 284, as may be amended. For the purposes of this Chapter:

(A)

"Applicable law" means V.T.C.A., Local Government Code ch. 284, as may be amended.

(B)

"Applicant" means any person who submits an application and is a network provider.

(C)

"Application" means a request submitted by an applicant:

(1)

For a permit to collocate network nodes;

(2)

To install a transport facility; or

(3)

To approve the installation, replacement or modification of a pole.

(D)

"City Code" means the Midland Municipal Code and other ordinance provisions relevant to the use of the public right-of-way where compliant with applicable law.

(E)

"Day" means a calendar day.

(F)

"Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.

(G)

"Routine maintenance" means:

(1)

Maintenance in the public right-of-way that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way;

(2)

Replacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or

(3)

The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles in the public right-of-way in compliance with the National Electrical Safety Code.

(Ord. No. 9710 , § 1, 10-24-2017)