HomeMy WebLinkAboutO-1998-2215
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ORDINANCE NO. 98- 2215
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, IMPOSING A TEMPORARY
MORATORIUM ON THE ISSUANCE OF PERMITS FOR TOWERS FOR CELLULAR,
PERSONAL COMMUNICATIONS SERVICE (PCS), AND SPECIALIZED MOBILE
RADIO SERVICE TRANSMITTERS (SMR) , PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR THE EXPIRATION OF THE MORATORIUM; PROVIDING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City is in the process of revising its zoning ordinance to provide
for the regulation of the location and placement of towers for cellular, personal
communications service (PCS), and specialized mobile radio service transmitters
(SMR); in accordance with the Telecommunications Act of 1996; and
WHEREAS, the City has the power under its general police power to provide for
a temporary moratorium on the issuance of permits for the location and placement of
towers for cellular, personal communications service (PCS), and specialized mobile
radio service transmitters (SMR), pending the revision of its zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the Building Official of the City of La Porte shall not issue any
zoning permit for the location and placement of towers for cellular, personal
communications service (PCS), and specialized mobile radio service transmitters
(SMR) until on May 19, 1998, within the corporate limits of the City of La Porte, Texas.
Section 2. That the provisions of this ordinance are severable and the
invalidity of any part of this ordinance shall not affect the validity of the remainder of the
ordinance.
Section 3. The planning department is directed to undertake a study as to the
placement and siting of towers for cellular, personal communications service (PCS),
and specialized mobile radio service transmitters (SMR), in accordance with the
dictates of the Telecommunications Act of 1996, and the Zoning Ordinance and
Comprehensive Plan of the City of La Porte.
Section 4. The moratorium on issuance of zoning permits for the location and
placement of towers for cellular, personal communications service (PCS), and
specialized mobile radio service transmitters (SMR) shall expire on May 19, 1998 at
11 :59 p.m., Central Standard Time.
Section 5. The provisions of Section 106-141et seq of the Code of Ordinances
of the City of La Porte, relating to the requirement that any person (as defined in the
Ordinance No. ~ 98-22_
Page 2
e OR\G\NAL
Code of Ordinances of the City of La Porte) desiring to occupy or use land or a
structure or desiring to change an existing use or occupancy of land or a structure, shall
first apply for and receive a zoning permit for said use, are expressly incorporated into
the provisions of this ordinance, as if set forth fully herein.
Section 6. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the city for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 7. This Ordinance shall be effective upon its passage and approval.
PASSED AND APPROVED on this the~ day Of~.Ajj('Jt . 1998.
CITY OF LA PORTE
By:!f~~~~
'Norman L. Ma one, Mayor
ATTEST:
By:LfIl (1{fiJ OJ )1 dtdi
Marth Gillett, City Secretary