HomeMy WebLinkAboutRes 00-15 Exemption from Ninety Day Moratorium on Any Commercial Wireless Antenna Facility within the Corporate LimitsTOWN OF WESTLAKE
RESOLUTION NO. 00-15
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE,
TEXAS, GRANTING AN EXEMPTION FROM THE NINETY (90) DAY
MORATORIUM ON THE PERMITTING, INSTALLATION, OR CONSTRUCTION OF
ANY COMMERCIAL WIRELESS ANTENNA FACILITY WITHIN THE CORPORATE
LIMITS OF THE TOWN, AS ENACTED BY ORDINANCE NO. 353, TO AIRTOUCH
COMMUNICATIONS, ON BEHALF OF PRIMECO PERSONAL COMMUNICATIONS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake desires to protect the economic viability and general
welfare of the businesses and residential areas of the Town by determining the most appropriate
location for siting wireless antenna facilities; and
WHEREAS, on March 27, 2000, the Board of Alderman of the Town of Westlake,
Texas, adopted Ordinance No. 353 which declared a ninety (90) day moratorium on the
permitting, installation, or construction of any commercial wireless antenna facility within the
corporate limits of the Town of Westlake; and
WHEREAS, Ordinance No. 353, allows a person desiring to apply for a permit to site a
wireless antenna facility, construct a wireless antenna facility, or install a wireless antenna
facility, to appeal to the Board of Aldermen for an exemption from the moratorium based on
extenuating and meritorious circumstances.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all of the above premises are found to be true and correct and are
incorporated into the body of this resolution as if copied in their entirety.
SECTION 2: That the Board of Aldermen hereby finds that Airtouch Communications,
on behalf of PrimeCo Personal Communications, should be granted an exemption from the
moratorium established by Ordinance No. 353 based on extenuating and meritorious
circumstances which have been presented and accepted by the Board of Aldermen.
SECTION 3: That Airtouch Communications, on behalf of PrimeCo Personal
Communications, is hereby authorized to install a temporary wireless antenna facility, in
particular a mini cell site, on the roof of Building No. 5, 6 Campus Circle, as shown on and in
accordance with attached Exhibit "A" hereto; and such temporary wireless antenna facility shall
be allowed for a period not to exceed twelve (12) months from the passage of this resolution.
SECTION 4: It is hereby declared to be the intention of the Board of Aldermen that the
phrases, clauses, sentences, paragraphs, and sections of this resolution are severable, and if any
phrase, clause, sentence, paragraph, or section of this resolution shall be declared legally invalid
or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since same would have been enacted by the
Board of Aldermen without the incorporation in this resolution of any such legally invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5: This resolution shall be in full force and effect from and after its passage.
PASSED AND APPROVED ON THIS 27th DAY OF MARCH, 2000.
ATTEST:
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Scott Braille , Mayor
Trent O. Petty, Town 1 anager
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