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0 <br />0 <br />ORDINANCE NO. 98- 2215 COPY <br />AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, IMPOSING A TEMPORARY <br />MORATORIUM ON THE ISSUANCE OF PERMITS FOR TOWERS FOR CELLULAR, <br />PERSONAL COMMUNICATIONS SERVICE (PCS), AND SPECIALIZED MOBILE <br />RADIO SERVICE TRANSMITTERS (SMR) , PROVIDING A SEVERABILITY CLAUSE; <br />PROVIDING FOR THE EXPIRATION OF THE MORATORIUM; PROVIDING A <br />SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; <br />AND PROVIDING AN EFFECTIVE DATE HEREOF. <br />WHEREAS, the City is in the process of revising its zoning ordinance to provide <br />for the regulation of the location and placement of towers for cellular, personal <br />communications service (PCS), and specialized mobile radio service transmitters <br />(SMR); in accordance with the Telecommunications Act of 1996; and <br />WHEREAS, the City has the power under its general police power to provide for <br />a temporary moratorium on the issuance of permits for the location and placement of <br />towers for cellular, personal communications service (PCS), and specialized mobile <br />radio service transmitters (SMR), pending the revision of its zoning ordinance; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL <br />OF THE CITY OF.LA PORTE, TEXAS: <br />Section 1. That the Building Official of the City of La Porte shall not issue any <br />zoning permit for the location and placement of towers for cellular, personal <br />communications service (PCS), and specialized mobile radio service transmitters <br />(SMR) until on May 19, 1998, within the corporate limits of the City of La Porte, Texas. <br />Section 2. That the provisions of this ordinance are severable and the <br />invalidity of any part of this ordinance shall not affect the validity of the remainder of the <br />ordinance. <br />Section 3. The planning department is directed to undertake a study as to the <br />placement and siting of towers for cellular, personal communications service (PCS), <br />and specialized mobile radio service transmitters (SMR), in accordance with the <br />dictates of the Telecommunications Act of 1996, and the Zoning Ordinance and <br />Comprehensive Plan of the City of La Porte. <br />Section 4. The moratorium on issuance of zoning permits for the location and <br />placement of towers for cellular, personal communications service (PCS), and <br />specialized mobile radio service transmitters (SMR) shall expire on May 19, 1998 at <br />11:59 p.m., Central Standard Time. <br />Section 5. The provisions of Section 106-141 et seq of the Code of Ordinances <br />of the City of La Porte, relating to the requirement that any person (as defined in the <br />