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Home My Public Portal AboutOrdinance No. 1079-07 03-13-2007 • CITY OF RICHLAND HILLS ORDINANCE NO. 1079-07 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SUBSECTION 90-361(d)(4) OF SECTION 90-361 OF CHAPTER 90 OF THE CITY CODE TO PERMIT MULTIPLE ANTENNAS UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a comprehensive zoning map, regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and providing for a method to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and • WHEREAS, the City Code currently limits the maximum number of antennas attached to a single antenna facility to three, regardless of whether such antenna facility is designed capable of supporting the placement of more antennas; and WHEREAS, the proliferation of mobile telephone service and other wireless communication devices has dramatically increased the demand for antennas to support to wireless communication services within the City; and WHEREAS, the need to erect additional antenna facilities can be reduced by permitting the attachment of additional antennas to antenna facilities; and WHEREAS, public safety, aesthetics, and other public interests can be best served by permitting the attachment of additional antennas to antenna facilities provided that such antenna facilities can safely support such additional antennas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. DELETION OF CONDITION (4) TO PERMIT MORE THAN THREE ANTENNAS PER ANTENNA FACILITY Subsection (d) of Section 90-361of Article IX, Division 11, of Chapter 90 of the Richland • Hills City Code is hereby amended by the deletion of Condition (4), which heretofore provided: "A • maximum of three antennas shall be allowed to be attached to a single antenna facility;" and the remaining conditions are renumbered accordingly. The remainder of Section 90-361 shall remain unchanged. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. • SECTION 4. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. PUBLICATION ' The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 6. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among ORDINANCE DELETING CONDITION 4 OF SUBSECTION 90-361(d) TO PERMIT MULTIPLE ANTENNAS Page 2 • W:\Richland Hills\Ordinance\antenna water tower amendment.wpd • the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. EFFECTIVE DATE ` This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~ ~ t~. DAY OF `L..~ , 2007. • 6~ HE HONORABLE DAVI . RAGAN, MAYOR ATTEST: ~ l NDA CANTU, CITY SECRETARY • ~ J' =F- m= ~ =C~ ( ~ a_ EFFECTIVE DATE: ~~~.1~, , ~ ~ ~ ti APP VED S O FO AND LEGALITY: ,//~~~'''~~•,,,,~iii,,,~r~``~~~~\`\ TIM G. SRALLA, CITY ATTORNEY ORDINANCE DELETING CONDITION d OF SUBSECTION 90-361(d) TO PERMIT MULTIPLE ANTENNAS Page 3 • W:\Richland Hills\Ordinance\antenna water tower amendment.wpd INV~ICLI Draft Only` Star-Telegram Customer ID: CIU08 40o w. 7TH sTRE1:T Invoice Number: 282137021 FORT WORTH; T~ 7610- - - (817) 390-776] Invoice Date: 3/30%07 • Federal Tax ID 22-3148254 - Terms: Net due- in 21 days Due Date: 3/31/07 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 28213702 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: AN ORDINANCE O Attn Attn: TONYA DOWDY Publication Date: 3/30/07 llcscription Location Col Depth Linage 1~7t1 Rate Amount. AN ORDINANCE OF Legal NOtit.eie AN OR RICHLANDTMTM HILLOS'- I3580 1 134 134 LINE $0.53 $71.02 TEXAS AMENDING; incorporation in this SUBSECTION gp_ ordinance of any such 361(d 4) OF SEC- unconstitutional TION 90-361 OF pphrase, clause, sen- CHAPTER 90 OF lance, paragraph or THE CITY CO E TO. section. Q RIGHTS AND REME- Net Amount: $71.02 PERMIT MULTIPLE DIES SAVED - All ANTENNAS UNDER rights and remedies CERTAIN CIRCUM- of the City are ex- STANCES~ PROVID- pressly saved as to ING THAT THIS any and all violations ORDINANCE SHALL of the provisions of BE CUMULATIVE OF the City Code ALL ORDINANCES; amended or revised PROVIDING ASEV= herein, or an other ERABILITY CLAUSE; ordinances affecting PROVIDING APEN- the matters regulated ALTY FOR VIOLA- herein which have TION• PROVIDING A accrued at the time of SAVItVGS CLAUSE-, the effective date of PROVIDING FOF# this ordinance; and PUBLICATION AS as to such accrued REQUIRED BY LAW violations and all AND PROVIDING AN ending litigation,____ - - EFFECTIVE DATE. both civil and criminal, PROVISIONS SEV- whether pending in ERABLE It is hereby court or not, under declared to be thq such ordinances, • intention of the City same shall not be ~•~~M~_~__^*~^~> _ Gouncil that the affected by this ordi- - phrases, clauses, Hance but may be sentences, para~ prosecuted until final i „k1t31:~r 4jc71-^~f}~ grapphs, and section: disposition by the ~ q pj of fhis ordinance are courts. s ~ ~ ' severable, and if any PUBLICATION- The a " JU.4 3':, w08 pphrase, clause, serr City Secretary of the t lance, paragraph of Cityof Richland Hills THE section of this ordi is directed to Hance shall be de~ publish _ COU Glared unconstitution- the caption, penalty alb the valid ud clause, publication y 9- clause and effective merit or decree olf any date of this Ordinance court of competent to the extent re uvecy Befc jurisdiction, such un- by law. a ~ and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator constitutionality shalC PENALTY FOR VIO for ti not affect any of the CATION - An gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and remamih hrases Y Person, sa g p firm or corporation was ublished in the above named a er on the listed dates: BIDS & LEGAL DEPT. STAR y clauses, sentences; who violates, dis- p p p TEL paragraphs and sec- obeys, omits, neglects lions of this ordi- or refuses to coin ly Hance, since the same p (81 ~ would have been with or who resists the enacted by the City enforcement of anY of Council without t4ti~ ~s P~~sions of this ( ^ Ordinance shall be ~ \ fined no more than Signed Two Thousand Dol- lars and no cents 02,000.00 for each SUBSCRIBED AND SWOP violation o~ this Ordi-HIS Monday, April 2, 0 . rtance. Each day.that a violation is permitted to exist shall consti- tute a separate of- Notary Public fense. EFFECTIVE DATE- This ordinance shall be in full force and Thank You For YoI; effect from and aftec its passage and publication as re- _ V V _ _ _ _ ~ _ ._e. 9uired b law and it_ ~ ~ V.. V. ~ _ _ ~ _ _ _v - is so or~ained. `W PASSE AND AP- PROV D ON THIS_-- _ - 13th day of March, _ - y- Star-Tale ram - customer ID: ~ICT08 Remit To: g _ P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 282137021 Invoice Amount: $71.02 PO Number: Amount Enclosed: -