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06-B Wireless Facilities Ord
City-of-Paris
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August 13, 2001
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06-B Wireless Facilities Ord
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Last modified
11/8/2005 11:23:10 AM
Creation date
8/10/2001 11:06:43 PM
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AGENDA
Item Number
6-B
AGENDA - Type
ORDINANCE
Description
Wireless Telecommunications Towers and Facilities
AGENDA - Date
8/13/2001
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Any Tower Use Permit (TUP) issued pursuant to this ordinance may be <br />revoked by the City Council after a hearing as provided herein. If the Council finds <br />that any permit holder has violated any provisions of this ordinance, or has violated <br />any federal, state, or local law or ordinance, or has failed to make a good faith <br />reasonable effort to provide or seek collocation, the Council may revoke the aforesaid <br />permits upon such terms and conditions, if any, that the Council may determine. Prior <br />to initiation of revocation proceedings, the Director shall notify the permit holder, in <br />writing, of the specific areas of noncompliance and specify the date by which such <br />deficiencies must be corrected. The time for correction of deficiencies shall not <br />exceed sixty (60) days. The permit holder shall provide the Director with evidence <br />that the required corrective action has been taken. Should the permit holder fail to <br />correct any deficiencies in the time required, the City Council shall convene a public <br />hearing to consider revocation of said permit. The hearing shall be conducted <br />pursuant to notice by publication in a newspaper with general circulation in the City <br />no less than ten (10) days prior to the hearing and by written notice to the permit <br />holder. At any such hearing, the permit holder may be represented by an attorney and <br />may cross-examine opposing witnesses. Other interested persons may comment. The <br />City Council may impose reasonable restrictions with respect to time and procedure. <br />Following such public hearing, the City Council shall determine, based on the findings <br />and recommendations of the Director and other evidence as shall be heard in said <br />public hearing, as to whether or not the aforesaid permit or permits should be <br />revoked, suspended, or other conditions should be imposed upon the permittee as the <br />Council shall deem appropriate." <br /> <br /> Section 3. The various parts, sections, and clauses of this ordinance are hereby declared to <br />be severable; if any part, sentence, paragraph, section, or clause is judged unconstitutional or invalid <br />by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. <br /> <br /> Section 4. Any existing ordinances or parts thereof in conflict with the provisions of this <br />ordinance are hereby repealed to the extent of such conflict only. <br /> <br /> Section 5. That upon the effective date of this ordinance, Ordinance No. 2001-034 which <br />imposed a moratorium on the location of wireless telecommunications facilities in the City of Paris, <br />shall be and is hereby in all things repealed. <br /> <br />Section 6. That this ordinance shall be effective on September 1, 2001. <br /> <br />Page -14- <br /> <br /> <br />
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