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<br />.. <br /> <br />. <br /> <br />ORJGINAL <br /> <br />ORDINANCE NO. 1501- AA <br /> <br />AN ORDINANCE AMENDING CHAPTER 106, OF THE CODE OF ORDINANCES OF <br />THE CITY OF LA PORTE, BY ADDING NEW ARTICLE VIII, TELECOMMUNICATION <br />TOWERS AND FACILITIES, SECTIONS 106-890 THROUGH 1 06-907 REGULATING <br />THE PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TOWERS, <br />ANTENNA, SUPPORT STRUCTURES, AND TELECOMMUNICATIONS FACILITIES; <br />AMENDING ARTICLE III. DISTRICTS, DIVISION 4 INDUSTRIAL DISTRICT <br />REGULATIONS, SEC. 106-521, TABLE A, INDUSTRIAL USES, TO ALLOW <br />TELECOMMUNICATIONS TOWERS, ANTENNA, SUPPORT STRUCTURES, AND <br />TELECOMMUNICATIONS FACILITIES AS A PERMISSIBLE USE IN H-I ZONING <br />DISTRICTS, AS A CONDITIONAL USE IN B-1 AND L-I ZONING DISTRICTS AND <br />PROHIBITING THEM IN ALL OTHER ZONING DISTRICTS; PROVIDING THAT ANY <br />PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED <br />GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY <br />SUM NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) AND EACH DAY <br />OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A <br />SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS <br />ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. <br /> <br />WHEREAS, on February 8, 1996, Congress enacted the Telecommunications <br />Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing <br />a more competitive environment for wired and wireless telecommunication services in <br />the United States; and <br /> <br />WHEREAS, a concomitant effect of increased competition in the market for <br />wireless telecommunications services is an increased demand for antenna sites on <br />Towers and other Antenna Support Structures necessary for providing wireless service <br />via existing and new technologies; and <br /> <br />WHEREAS, the Telecommunications Act of 1996 preserves the authority of the <br />City to regulate the placement, construction, and modification of Towers, Antenna <br />Support Structures, and Telecommunications Facilities, as hereinafter defined, in order <br />to protect the health, safety, and welfare of the public. <br /> <br />NOW, THEREFORE, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL <br />OF THE CITY OF LA PORTE, TEXAS: <br /> <br />SECTION 1. The City Council of the City of La Porte hereby finds, determines and <br />declares that heretofore, to-wit, on the 19th day of February, 1998, at 6:00 p.m., a public <br /> <br />hearing was held before the Planning and Zoning Commission of the City of La Porte, <br />