HomeMy WebLinkAbout023466 ORD - 10/20/1998AN ORDINANCE
IMPOSING A 180 DAY TEMPORARY MORATORIUM ON THE ISSUANCE
OF BUILDING PERMITS FOR CONSTRUCTION OF
TELECOMMUNICATION TOWERS; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, recent developments in technology and changes in Federal law have created an
expanding market for cellular telephones and personal communications services; and
WHEREAS, the number of competing services are expected to increase from two cellular
providers to up to nine providers of both cellular and personal communications services; and
WHEREAS, each telecommunications provider will need to install antenna arrays throughout
the City in order to provide adequate services to their customers; and
WHEREAS, the City has received a significant number of applications to build new
telecommunication towers throughout the City; and
WHEREAS, concerns have been raised that the placement of telecommunication towers
throughout the City is posing both a safety risks and is creating an adverse visual impact on the
views of both residents and visitors to our City; and
WHEREAS, the City of Corpus Christi is authorized by Federal law to regulate the placement,
construction, and modifications of personal wireless service facilities; and
WHEREAS, Federal law prevents the City from imposing restrictions that unreasonably
discriminate among providers of functionally equivalent services or that prohibit or effectively
prohibits the provision of personal wireless services; and
WHEREAS, the Planning Commission has requested a moratorium on the issuance of building
permits for the construction of telecommunication towers within the City, until it has an
opportunity to develop, for the consideration of the City Council, an amendments to the Zoning
Ordinance to regulate the zoning districts in which telecommunication towers will be permitted,
and the conditions under which they will be permitted.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. No building permits may be issued for the construction or reconstruction of a
telecommunications tower within the City of Corpus Christi during the 180 day period following
the date of adoption of this ordinance, other than a telecommunications tower that was authorized
by the Board of Adjustment prior to the date of this ordinance.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
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of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upon written request of the Mayor or five Council members, copy attached,
to find and declare an emergency due to the need for immediate action necessary for the efficient
and effective administration of City affairs, such finding of an emergency is made and declared
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed and shall take effect upon first reading as an �i
emergency measure this the o 0{-h day of Q(F,�-Qb[it) , 1998.
ATTEST:
Armando Chapa
City Secretary
APPROVED: This /5 day of vrklp�, 1998:
James R. Bray, City Attorney
By: /� r
R. Ja
As istant
R8280403.243
ity Attorney
THE CITY OF CORPUS CHRISTI
Samuel L. Ntfal, Jr.
Mayor, The City of Corpus Christi
3
Corpus Christi, Texas
Lurvi day of jithakt 1998
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christ
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin !d ZIA
Dr. David McNichols 0
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