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HomeMy WebLinkAbout09-3522 ord 334 ORDINANCE NO. 09 -3522 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, HALE COUNTY, TEXAS, GRANTING ATMOS ENERGY 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 ATMOS ENERGY 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, Atmos Energy applied for a Communication Tower at their new location at 200 S. 1 -27, Plainview, Texas; and WHEREAS, after review of such application and submitted information, the City of Plainview hereby grants a Communication Tower for Atmos Energy; 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 Atmos Energy Communication Tower will be used as a data radio system for controlling and monitoring equipment only; and WHEREAS, the FAA determined such tower will not interfere with airport traffic; and WHEREAS, Atmos Energy 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 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. NOW, THEREFORE, The City of Plainview Hereby Ordains that: SECTION 1 Atmos Energy is hereby granted a Communication Tower in accordance with the City of Plainview Code of Zoning Ordinances, Section 8:3.7. Ordinance No. 09 -3522 Zoning Page 1 of 3 Radio, Telephone and Microwave Towers 335 SECTION II Atmos Energy will post a bond in the amount of Three Thousand and No /100 Dollars ($3,000.00) 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 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. 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 13 day of October, 2009. PASSED AND APPROVED on second reading I 's the 10 day of November, 2009. 1A'1 Jo n C. Anderson, Mayor ATTEST: 6 11611d. IC) 414 inojosa City Secr Belinda Hinojosa, y ry Ordinance No. 09 -3522 Zoning Page 2 of 3 Radio, Telephone and Microwave Towers 336 APPROVED AS TO CONTENT: 4/4, 6 Mike Gilliland, Director of Public Works APPROVED AS TO FORM: Leslie Spear Pearce, City Attorney Ordinance No. 09 -3522 Zoning Page 3 of 3 Radio, Telephone and Microwave Towers