HomeMy WebLinkAboutOrd No. 11-3548ORDINANCE NO. 11 -3548
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, HALE
COUNTY, TEXAS, GRANTING PLAINVIEW INDEPENDENT SCHOOL
DISTRICT A COMMUNICATION TOWER IN ACCORDANCE WITH
SECTION 8:37 RADIO, TELEVISION, AND MICROWAVE TOWERS
REGULATIONS OF THE ZONING ORDINANCES 89 -2798, 99 -3223,
AND 03 -3386; REQUIRING PLAINVIEW INDEPENDENT SCHOOL
DISTRICT TO POST A BOND FOR THE ANTICIPATED COST OF
REMOVAL OF SUCH TOWER UPON ABANDONMENT OF SUCH
TOWER; CUMULATIVENESS CLAUSE; CONFLICT CLAUSE;
SEVERABILITY CLAUSE; AND EFFECTIVE DATE.
WHEREAS, Plainview Independent School District applied for a Communication
Tower at to be located at 2400 -2600 Yonkers, Plainview, Texas; and
WHEREAS, the Board of Adjustment approved a variance of two hundred (200)
feet of the required two hundred (200) foot setback to build a communication tower
adjacent to a Residential Zoned District (MF -2) as stated in Section 8 of the City of
Plainview Zoning Ordinance in a C -3 Zoning District; and
WHEREAS, the proposed variance has been duly presented to the Planning and
Zoning Commission for its recommendation, and they found that the use is in general
conformance with the Master Plan and contains requirements and safeguards
necessary to protect adjoining property owners; and
WHEREAS, after review of such application and submitted information, the City
Council hereby grants a Communication Tower for Plainview Independent School
District and
WHEREAS, such Tower will not interfere with any public safety, radio
communications, or broadcasting towers within the City of Plainview, Texas; and
WHEREAS, the Plainview Independent School District Tower will be used as a
data radio system for controlling and monitoring equipment only; and
and
WHEREAS, the FAA determined such tower will not interfere with airport traffic;
WHEREAS, The Plainview Independent School District shall post a bond for the
amount on the anticipated cost of removal of such Tower if it ceases to be used for a
period of 365 consecutive days and is determined to be abandoned; and
WHEREAS, the City Council determines that this Tower and posted bond amount
will not be detrimental or injurious to the public health, safety or general welfare, or
Ordinance No. 11 -3548 Page 1 of 3
107
108
otherwise offensive to the neighborhood; and
WHEREAS, the City Council finds this tower and posted bond will be in the best
interest of the City of Plainview and complies with the City of Plainview Code of Zoning
Ordinances, Section 8:3.7.
SECTION I
The Plainview Independent School District is hereby granted a Communication
Tower in accordance with the City of Plainview Code of Zoning Ordinances, Section
8:3.7.
SECTION II
The Plainview Independent School District will post a bond in the amount of
Twenty Thousand and No/1 00Dollars ($20,000.00) based on the anticipated cost of
removal of such Tower if it ceases use for a period of 365 consecutive days and is
determined to be abandoned. Upon issuance of written notice of abandonment, Owner
shall dismantle or remove such Tower within seventy -five (75) days. Absent removal,
the City of Plainview shall use such posted bond to dismantle and remove such Tower.
SECTION III
NOW, THEREFORE, The City of Plainview Hereby Ordains that:
Provisions of this ordinance are cumulative and nothing herein shall prevent,
alter, or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
SECTION IV
All ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION V
Should any section, subsection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub section,
sentence, provision, clause, phrase, or word severable there from and the same shall
be deemed severable for this purpose.
Ordinance No. 11 -3548 Page 2 of 3
SECTION VI
This ordinance shall be of full force and effect upon its passage and publication
as required by law.
PASSED AND APPROVED on first reading this the 24 day of May, 2011.
PASSED AND APPROVED on second readi
ATTEST:
Belinda Hinojosa, ity Se
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ordinance No. 11 -3548
tary
Delwin Derrick, Chief Building Official
Leslie Sear Pearce, ty Attorney
the 14 day of June, 2011.
ohn C. Anderson, Mayor
Page 3 of 3
109