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.
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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
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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