HomeMy WebLinkAboutOrd 372 Amending the Unified Development Code regarding Satellite Dishes and Wireless Communications FacilityTOWN OF WESTLAKE
ORDINANCE NO. 372
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE TOWN OF WESTLAKE, TEXAS BY REPEALING ARTICLE IV OF
THE UNIFIED DEVELOPMENT CODE, PERMISSIBLE USES, SECTION 6,
SATELLITE DISHES AND REPLACING IT WITH A NEW ARTICLE IV,
PERMISSIBLE USES, SECTION 6, WIRELESS COMMUNICATIONS FACILITIES
AND AMENDING ARTICLE IV PERMISSIBLE USES, SECTION 1, LAND USE
SCHEDULE" TO REPLACE "SATELLITE DISH" WITH "WIRELESS
COMMUNICATIONS FACILITY"; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Federal Telecommunication Act of 1996 provides for wireless
communications facilities to be located within municipalities with reasonable regulation by
local zoning laws; and
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Zoning Ordinance and the subdivision regulations by adopting a
Unified Development Code for the Town of Westlake (the "Town'); and
WHEREAS, an analysis of the Town's codes and regulations has determined that
an amendment to these codes and regulations are required in order to protect the health,
safety, and welfare of the Town and to satisfy the requirements of the Federal
Telecommunications Act and the long range development goals of the Town, which will
provide for the aesthetic and compatible placement of wireless communications facilities
within the limits of the Town; and
WHEREAS, the Town of Westlake has received or expects to receive requests to
site wireless communications facilities within the municipal boundaries; and
WHEREAS, on July 13, 2000, the Planning and Zoning Commission of the Town
has recommended that Article IV of The Unified Development Code, Permissible Uses,
Sections I and 6 be amended in accordance with the procedures and processes established
in the Unified Development code for the Town; and
Page 1 of 12
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That the recitals set forth above are hereby incorporated herein,
adopted by the Town and found to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town be
amended by repealing Article IV, Permissible Uses, Section 6. Satellite Dishes and
replacing it with a new Article IV. Permissible Uses, Section 6. Wireless communications
.Facilities, to read as follows:
SECTION 6 WIRELESS COMMUNICATIONS FACILITIES
6.1 Purpose
Certain wireless equipment used in transmitting and receiving signal energy
are essential to modern communication and are therefore deemed to
promote the health, safety and general welfare of the citizens of the Town
of Westlake. Regulations contained herein were created to ensure that the
placement of this wireless equipment shall be such that the health, safety,
welfare, and aesthetic quality of the community are not compromised. It is
also the purpose of these regulations to ensure that the residents be
afforded access to communication technology. Compatibility with the
existing community and future development is one of the foremost public
concerns when siting wireless equipment; therefore the regulations
governing the location of such equipment shall consider the quality of life
of the community to be of equal importance to the health, safety, and
general welfare of the community.
6.2 Definitions
The following definitions shall apply:
Antenna means a device used in communication which transmits or
receives radio signals.
Antenna, Microwave (also known as dish antenna) means a dish -shaped
antenna used to link communications sites together by wireless
transmission of voice or data, utilizing electromagnetic radiation
frequencies from 3 GHz to 300 GHz, and using relatively low transmitter
power levels compared to other forms of transmission.
Antenna, Panel (also know as directional antenna) means an antenna or
array of antennas designed to concentrate a radio signal in a particular area.
Panel antenna are typically slat, rectangular devices approximately six
square feet in size.
Antenna, Satellite Receive -Only means an antenna that enables the
reception of television signals transmitted directly from satellites to be
viewed on a television monitor. Such antennas are commonly known as
satellite dishes, television receive -only antennas, dish antennas, parabolic
antennas or satellite earth station antennas.
Page 2 of 12
Antenna, Structure Mounted means an antenna attached to an existing
structure, including: (1) roof -mounted, in which an antenna is placed on the
roof of a building, (2) building -mounted, in which an antenna is attached to
the side of a building, and (3) mounting to another structure, in which an
antenna is attached to something such as a water tank, billboard, church
steeple, electrical transmission tower, etc.
Antenna, Television means an antenna attached to a structure for the
purpose of receiving television transmissions, which are not direct satellite
transmissions. The antenna may be mounted on the roof of a structure,
mounted in the attic of a structure, or mounted on a pole that is attached to
the structure.
Antenna, Whip (also known as omni directional antenna) means
cylindrically shaped antennas that have diameters between 2 and 6 inches
and measure between I and 18 feet in height. They are used to emit signals
in a 360 -degree horizontal plane and a compressed vertical plane.
Collocation means the act of locating wireless communications equipment
owned or used by more than one provider on a single wireless
communications facility.
Equipment Storage Building means a small, unmanned single story
building typically less than 500 square feet in size used to house radio
transmitters and related equipment.
Lattice Towers means a tower having 3 or 4 support legs that is capable of
holding a variety of antennas.
Monopole means a wireless communications facility composed of a single
spire used to support communications equipment or other visible items.
No guy wires are used or permitted.
Stealth Facility means a wireless communications facility that is virtually
unidentifiable to the surrounding neighborhood, which although present is
camouflaged to conceal the presence of telecommunications antennas.
Stealth facilities may include totally enclosed antennas, wireless
communication facilities that replicate or duplicate the construction of
common structures such as a man made tree, clock tower, church steeple,
bell tower, utility pole, light standard, identification pylon, flagpole, and
other camouflaged wireless communication facilities that are constructed to
blend into the surrounding environment.
Tower means any columnar, guyed structure more than 35 feet in height
that is used to support antennas, or other visible items.
Wireless communications. facility means any structure, monopole, tower,
or lattice tower constructed specifically to support antennas, including any
accessory communications equipment located at the base of the facility. A
wireless communications facility shall, by definition, contain only 1 tower
or monopole structure.
6.3 General Regulations
A wireless communications facility shall have only the number and size of
antennas attached to it that are allowed by the wireless communications
facility manufacturer's designs and specifications for maximum wind load
requirements. Documentation shall be provided to the Town at time of
SUP application for wireless communication facilities.
Page 3 of 12
A. SUP Requirement. Unless otherwise provided in this Section 6,
all wireless antenna facilities shall require an SUP.
B. Location.
1. Wireless communication facilities shall not be permitted in any
easement unless the holder of such easement has provided written
permission. A copy of such written permission shall be submitted
with the application for building permit or Specific Use Permit
(SUP), if required. An authorization letter from the holder of the
easement providing for the applicant to act as agent for the wireless
communications facility application is acceptable.
2. No part of an antenna, wireless communications facility, or any
attachment thereto may extend beyond the property lines of the
owner of such antenna, wireless communications facility, or
attachment unless written permission from affected property
owners is submitted to the Town.
A. Lights. No auxiliary or outdoor lighting above 20 feet shall be
allowed on wireless communication facilities, except lighting that is
required by the Federal Aviation Administration (FAA) or the Federal
Communications Commission (FCC), or lighting that is a function of a
light pole or structure erected for that purpose. No lights other than
those required by the FAA or FCC shall direct light off the lot on which
the wireless communications facility is located.
B. Maintenance. Antennas or wireless communication facilities which
are not obviously in use or which are obviously in need of maintenance,
as determined by the Town Manager or his designee, shall be removed
or repaired within 30 days following notice given by the Town
Manager or his designee. This shall not preclude immediate action by
the Town Manager or his designee to safeguard life, limb, health,
property, and public welfare. The owner shall remove antennas or
wireless communication facilities that are not used for twelve
consecutive months. If the Town removes such a tower, a lien will be
placed on the property to cover removal and administration costs.
C. inspection. All antennas and wireless communication
facilities shall be subject to an inspection every 5 years by a qualified
expert. Such inspection shall be conducted by the Town in accordance
with provisions in the Building Code for a fee as adopted by the Town
Board of Aldermen.
D. Signs. No signs are permitted to be placed, constructed, attached,
or otherwise affixed to any wireless facility, other than a sign that is in
full compliance with the Town's sign ordinance.
E. Existing and Nonconforming Towers. Pre-existing towers are
permitted to continue but may not be expanded. Pre-existing wireless
facilities are considered to be non -conforming and, if abandoned or
destroyed by 50% of the value of the structure, may not be rebuilt
without first complying with this section of the code of ordinances.
F. Personal Home Antennas. Personal home television antennas, garage
door opener antennas and gate opener antennas or other similar
antenna devices in any residential zoning district are exempt from this
Ordinance. However, in no instance shall any personal home antenna.
Page 4 of 12
exceed the height restrictions of the zoning district in which they are
located.
6.4 Permit Requirement
All antenna and wireless communication facilities shall be subject to the
following requirements for building permit and specific use permits:
A. Building Permits. A building permit shall be obtained for the
construction or installation of all antennas and wireless communication
facilities except the following. The following shall, however comply
with all the General Regulations in Section 6.3.
1. Satellite receive -only antennas less than 1 meter (3.2808 feet) in
diameter located in a residential zoning district.
2. Satellite receive -only antennas less than 2 meters (6.5616 feet) in
diameter located in a commercial, multi -use or industrial zoning
district.
3. Television antennas or other antennas of about the same size.
A. Specific Use Permit for Wireless Communications Facilities An
SLIP shall be obtained for any antenna or wireless communications
facility that does not comply with the regulations contained in this
article, other than screening requirements. Relief from screening
requirements shall require a Variance and shall be decided by the
Zoning Board of Adjustments.
B. Consideration for SUP Approval. In deciding whether to
approve an SUP, the Town Board of Aldermen and Planning and.
Zoning Commission shall consider the following:
1. The need to provide wireless service to the populace
2. Effect on the value of the surrounding property;
3. Potential for interference with the use of surrounding
properties;
4. Aesthetics;
5. Compatibility with nearby properties.
6. Provisions of 47 C.F.R. § 25.104, which preempt local
zoning or other regulations that differentiate between satellite
receive -only antennas and other types of wireless communication
facilities, unless such regulations:
• have a clearly defined health, safety or aesthetic objective; and
• further the stated health, safety or aesthetic objective without
unnecessarily burdening the federal interest in ensuring access
to satellite services and in promoting fair and effective
competition among competing communications service
providers;
7. Unique conditions that govern reception on a lot;
A. Conditions for ,SUP Approval. The Planning and Zoning
Commission may recommend approval of an SUP if the following
conditions are met:
Page 5 of 12
1. Applicant configures its antenna and other equipment to
accommodate other providers (as it is reasonably and technically
possible), and
2. Applicant agrees to give notice to the Town identifying
any provider who collocates on the site and their backhaul provider;
and
3. The Commission determines that adequate
information has been provided to enable the Commission to
review the application in a knowledgeable and thorough
manner. Therefore, the applicant shall provide the following
information or shall note why this information is not available:
• Why location on an existing structure or wireless
communications facility is technically not feasible; and
• Permission for collocation of other wireless communication
facilities and antennas at the site; and
• Identification of the applicant's backhaul provider connecting
antenna sites; and
• Description of how applicant has met the conditions and
requirements as presented in this Article except as specified on
the SUP; and
• Documentation that conclusively demonstrates that such
request is necessary and critical to the communications
operation of the provider.
A. Application Requirements for building permits and SUP's - To
enable evaluation of all applications for building permits and SUP's for
the construction of antennas or wireless communication facilities the
applicant shall submit the following information:
1. Describe the proximity to residential structures and zoning districts
2. Provide a description by text and illustrations of the surrounding
tree coverage and foliage.
3. Describe the proposed ingress and egress
4. Describe by illustration the surrounding topo
5. Indicate by text and illustration the separation from existing
wireless facilities.
6. Describe the fencing materials to be used in screening
7. Provide a notarized statement by the owner and applicant that the
structure will accommodate collocation of other users.
8. Provide a detailed site plan
9. Describe the nature of the site.
10. Indicate type of structure and/or antenna.
11. Indicate the proposed height.
12. Provide photos or drawings of all proposed equipment, structures
and antenna.
Page 6 of 12
13. Describe why the antenna or wireless communications facility is
necessary.
14. State the name{s} of the telecommunications providers or other
anticipated users of the antenna or wireless communications facility
and describe each one's proposed use for the antenna or facility.
15. Indicate whether this site will be connected to other sites; if so,
describe how it will be connected and who will be the back haul
provider.
16. Address whether or not the applicant has tried to collocate the uses
proposed for this antenna or wireless communications facility on
existing structures or facilities. Identify the location of the existing
sites for which this effort was made. Describe in detail these efforts
and explain in detail why these existing sites are not feasible
locations. Attach all studies or tests performed which demonstrate
why the existing sites will not provide sufficient signal coverage.
17. Indicate whether or not collocation will be allowed for other
telecommunications providers at the proposed site. If collocation is
not allowed, state every reason and the basis for each reason.
18. If the requested location is in a residential zoning district, state
whether or not the applicant has tried to locate the antenna or
wireless communications facility in a commercial, multi -use, or
industrial zoning district. Identify the location of the commercial,
multi -use, and/or industrial district sites for which the effort was
made. Describe in detail these efforts and explain in detail why
these commercial, multi -use, or industrial district sites are not
feasible locations. Attach all studies or tests performed which
demonstrate why the commercial, multi -use, or industrial district
sites will not provide sufficient signal coverage. Material that is
proprietary or confidential need not be provided.
19. Indicate on attached maps the applicant's current coverage area for
the Town and the coverage area resulting from the proposed
antenna or wireless communications facility.
20. Describe, in general, the applicant's master antenna and wireless
communications facility plan for the Town. Attach maps and other
related documentation appropriate to illustrate the plan.. Provide
information indicating potential phasing of the plan, if available.
21. Describe the applicant's plan to minimize the number of antennas
and wireless communication facilities needed to cover the Town.
22. A written statement of permission from the owner of the structure
or property on which the facility is to be located. Building permits
and SUP's required by this Article shall not be issued for the
construction or installation of an antenna or wireless
communications facility unless the applicant submits this statement
to the Planning and Development Department
F. Written Report Upon Denial Of Request for Building Permit or
SUP. The Town of Westlake shall document in writing any denial of a
request to place, construct, or modify wireless communication facilities
or antenna. Such documentation shall be supported by substantial
evidence within the written record.
Page 7 of 12
6.5 Residential Zoning Districts
A. Amateur Radio Equipment. Amateur radio equipment (including
ham radio and CB equipment) shall be allowed in any residential zoning
districts and any Planned Development designated for residential use
without an SUP if it complies with the following regulations:
1. Type An amateur wireless communications facility may be
structure attached, monopole, tower, or lattice tower
2. Height and Number Only 1 ground mounted amateur wireless
communications facility exceeding 35 feet will be allowed per lot.
An amateur wireless communications facility shall be permitted
additional height at the ratio of one half (112) foot added in height
for each additional two (2) feet of setback beyond the minimum
setback required of a accessory building in the zoning district in
which the facility is located. Regardless of the above, the maximum
height for an amateur wireless communications facility permitted
without an SUP in any residential district shall be 65 feet.
However, this height limit does not include any mounted amateur
wireless communications facility that does not extend more than 8
feet above a building on which it is mounted;
3. Location Antennas and amateur wireless communication
facilities shall not be permitted in front or side yards. Guy wires are
permitted in required side and rear yard setbacks. Setback for
wireless communication facilities shall be the same as is required for
accessory buildings in the zoning district in which the facility is
located
A. Satellite Receive -Only Antennas. Satellite Receive -Only Antennas
shall be allowed in any residential zoning districts and any Planned
Development or Community Unit Development with underlying
residential zoning without an SUP if it complies with the following
regulations. A satellite receive — only antenna may be installed without
a permit in a residential zoning district if it is less than 1 meter (3.2808
feet) in diameter and conforms to the siting regulations below, which
pertain to all satellite receive -only antenna in residential zoning
districts:
1. Height A ground mounted satellite receive -only antenna shall not
exceed 6 feet in height measured from ground level. A structure
mounted satellite receive -only antenna shall not extend above the
roof peak or highest point of the structure to which the antenna is
attached.
2. Size The diameter of a satellite receive -only antenna shall not
exceed 10 feet in a residential zoning district.
3. Location. Ground mounted satellite receive --only antennas are
not allowed in any front (for this purpose, that area between any
front face of the primary structure and the front property line) or
side yard, and are only allowed in rear yards provided they are
located behind required building setback lines, or in the absence of
required building setback lines, a minimum of 6 feet from any
property line;
Page 8 of 12
4. Screening. A ground mounted satellite receive -only antenna
shall be screened from adjacent properties and streets by a
landscape buffer or screening fence that conceals the antenna up to
a height of 6 feet.
5. SUP Requirement. A satellite receive -only antenna that
exceeds 1 meter (3.2802 feet) in size shall require an SUP in any
residential zoning district and any PUD area used for residential
purposes.
A. Commercial Wireless communication facilities. The placement of
antenna facilities shall comply with the following regulations:
1. Proposed antennas roust be attached to or enclosed in an existing
structure or attached to a power or telephone pole, light pole or
standard, water storage tower, or other utility structure;
2. If attached to the exterior of a structure, a power or telephone pole,
a water storage tower or other utility structure, the antenna must be
constructed, installed or adapted to visually complement or match
the structure to which it is attached
3. Any equipment storage building that is an accessory to a wireless
communications facility shall be screened with a wall constructed of
decorative masonry material OR shall be screened with living
landscaping for aesthetic purposes OR a combination thereof.
Equipment contained totally within a cabinet (generally 3'x5'x6')
may be screened with living material only.
4. All driveways accessing any wireless communications facility site or
equipment storage site shall be constructed in accordance with the
construction standards for "temporary fire lanes.
6.6 Non -Residential Zoning Districts
Wireless communication facilities and antenna shall be allowed in a Non -
Residential or Planned Development District with non-residential land uses
with an SUP, if they comply with the following regulations:
A. Type - Wireless communication facilities shall be limited to structure
attached and monopoles only; lattice towers are prohibited
B. Height - The height of any wireless communications facility and
attached antenna combined shall not exceed 65 feet in height, or 80 feet
in height if additional height credits are applied. Additional height
credit will be allowed at the ratio of one half (112) foot added in height
for each additional two (2) feet of setback beyond the minimum
required setbacks for a principal building in the zoning district
regulations. Structure mounted antennas shall not extend more than 8
feet above the roof peak or highest point of the structure to which it is
attached
C. Location:
Antennas and wireless communication facilities are not allowed in
front (for this purpose, that area between any front face of the
primary structure and the front property line) or side yards and are
only allowed in rear yards behind required building setback lines, or
in the absence of required building setback lines, a minimum of fifty
(50) feet from any property line. Wireless communication facilities
Page 9 of 12
shall have a required setback ratio from residential zoning districts
of two (2) feet for every one foot of antenna or wireless
communications facility height.
A. Design. Wireless communication facilities and antennas shall not
contain any lettering, logo, or any form of advertising or other writing
except the name of the manufacturer, distributor or seller of the
antenna.
B. Screening. Any equipment storage building that is an accessory to a
wireless communications facility shall be screened with a wall
constructed of decorative masonry material OR shall be screened with
living landscaping for aesthetic purposes OR a combination thereof.
Equipment contained totally within a cabinet (generally 3'x5'x6') may
be screened with living material only.
C. Access. All driveways accessing any wireless communications
facility site or equipment storage site shall be constructed of an all
weather surface as approved by the Town manager or his designee.
D. Satellite Deceive -Only Antennas. A satellite receive—only
antenna may be installed without a permit in a commercial, multi -use,
or industrial zoning district if it is less than 2 meters (6.5616 feet) in
diameter and conforms to the siting regulations below, which pertain to
all satellite receive -only antenna in commercial, multi -use, and
industrial zoning districts:
E. Maximum Size. The diameter of a satellite receive -only antenna shall
not exceed 10 feet in a commercial, multi -use, or industrial zoning
district,
SECTION 3: That the Comprehensive Zoning Ordinance of the Town be
amended by amending Article IV. Permissible Uses, Section 1, Land Use Schedule, to
Delete the term "Satellite Dish" and replace it with the term "Wireless Communications
Facility", as follows:
SF Residential
Permitted Uses
Commercial
R-5 R-2 R-1
R-0.5
X=Permitted, A=Accessory Use,
S=SUP
MF R O
O -I
Auto/Truck Parts and Accessories
S
X
Household Furniture/Appliances
X
X
AMUSEMENT /RECREATION
X X I X
I X
I Golf Course (Public or Private)
X X X
X
X X I X
I X
jPark or Playground
X X I X
X
Page 10 of 12
(See Article IV, Section 6) Wireless Communications Facility
(See Article IV, Section 6)
Non -Commercial Radio Tower
S
S S
Race Track Operation
S
Recreation Facility, Health Studio
X X
X X
S S
S S Country Club (Private Membership)
X X
X X
SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in
this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board of Aldermen hereby
declares that it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in fall force and effect.
SECTION 5: This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulations of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 6: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000) and
a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 14P DAY OF AUGUST, 2000.
Scott i MayorF
Page 11 of 12
ATTEST:
/6 t
iinge� rosswy, Town Ae4etary
Trent O. Petty, Ta anagen
Page 12 of 12
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
372 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
September 19, 2000.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
0
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
No
Pam Nolte
this 27th day of September, 2000, to certify which
witness my hand and seal of office.
W C '4A C
le aj
Notary Public, State of Texas
Printed Name of Notary
My commission expires
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1800 State Hwy 114
WESTLAKI
Justin, TX 76247
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obtained from from Architect
upon purchase by the Pro-
poser. Partial sets of Propos-
Comprehensive Zoning Ordi-
nance of the Town of West-<
lake, Texas by amending Ar-
L
MORGAN'S WALL-
al Documents will not be
available.
bele II! Zoning District Map,
Subsection 1.1 and Section
PAPERING /Faux Painting.
Free estimates, 817-498-
3 Purpose of Zoning Dis-
$
2466.
Proposal Documents may be
tracts and Official Zoning Map
z -�-
examined at;
and Article IV, Permissible
Myths. Rumors. Misinformation. Th
Office of Owner
Northwest Independent
School District
Uses, and Article V, Zoning
District Development Stan-
dards; providing for a Sever -
hospital, the absolute number one
can be considered only if you die
VI
1800 State Hwy 114
Justin, Tx 76247 ''
ability Clause; providing for a
Savings Clause; providing for
bad information keep you from ma
www.shareyourlife.org for honest u