HomeMy WebLinkAboutOrd 353 Declaring a 90 day moratorium on the installation or construction of any commerical wireless antennasTOWN OF WESTLAKE
ORDINANCE NO. 353
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, DECLARING A 90 DAY MORATORIUM ON THE
PERMITTING, INSTALLATION, OR CONSTRUCTION OF ANY
COMMERCIAL WIRELESS ANTENNA FACILITY WITHIN THE
CORPORATE LIMITS OF THE TOWN; PROVIDING FOR APPEALS IN
CASES OF HARDSHIP; 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 locations for siting wireless antenna facilities; and
WHEREAS, the Town of Westlake recognizes the service needs and
market potential for the wireless industry within non-residential and residential
neighborhoods; and
WHEREAS, the Federal Telecommunications Act of 1996 has authorized
the Town to provide reasonable regulations regarding the siting of wireless antenna
facilities; and
WHEREAS, The Town of Westlake has not previously adopted an
ordinance regulating siting of commercial wireless facilities and is currently in the
process of developing an ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 ordinance as if copied in their
entirety.
SECTION 2: Effective immediately, and for a 90 -day period thereafter or
upon adoption of a wireless facilities ordinance, whichever occurs first, no
application for a permit to site a wireless facility, construct a wireless facility, or
install a wireless facility shall be permitted.
SECTION 3: The Town Manager is hereby directed to prepare a wireless
facilities ordinance that will apply to all property located within the corporate limits
of the Town of Westlake; and present said ordinance to the Board of Aldermen of
the Town of Westlake at a scheduled public meeting to be considered for adoption.
SECTION 4: During the moratorium imposed by this ordinance, a
person desiring to apply for a permit to site a wireless facility, construct a wireless
facility, or install a wireless facility may appeal to the Board of Alderman for an
exemption from the moratorium based on extenuating and meritorious
circumstances. A person desiring to appeal shall submit a written request for the
appeal to the Town Manager detailing the extenuating and meritorious circumstances
causing the need for appeal. The decision of the Board of Aldermen on the matter is
final.
SECTION S: It is hereby declared to be the intention of the Board of
Aldermen that the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared legally invalid or unconstitutional by the valid
judgement 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 Town Council without the incorporation in this ordinance of any such legally
invalid or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6: The Town Secretary of the Town of Westlake is hereby
directed to engross and enroll this ordinance by copying the caption and the effective
date clause in the minutes of the Board of Aldermen and by filing the ordinance in
the ordinance records of the Town.
SECTION 7: This ordinance shall be in full force and effect from and
after its passage and it is so ordained.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN ON THIS 27 TI
DAY OF MARCH, 2000.
ATTEST:
Scott Bradl y, Mayor
Trent O. Petty, T ' anager