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2001-034-ORD EXTENDING EXISTING MORATORIUM ON SITTING OR PERMITTING OF WIRELESS TELECOMMUNICATIONS ETC ORDINANCE NO. 2001-034 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, EXTENDING AN EXISTING MORATORIUM ON THE SITING OR PERMITTING OF WIRELESS TELECOMMUNICATIONS, TELEVISION, RADIO, AND OTHER SIMILAR FACILITIES; PROVIDING FORA SPECIFIED TERMINATION DATE; PROVIDING FOR ISSUES TO BE ADDRESSED DURING THE MORATORIUM; PROVIDING FOR CONTINUING ACTIVITIES DURING THE MORATORIUM; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the increasing number of wireless telecommunications, television, radio, and other similar facilities and the prospect for several more in the City of Paris, Texas, has raised concerns among the citizens and the City government, that the placement of such facilities should be regulated more effectively by the City; and, WHEREAS, the City of Paris has the authority to regulate the placement of wireless telecommunications, television, radio, and other similar facilities, but needs time to undertake a comprehensive review of existing regulatory provisions and to consider whether such provisions need to be revised or new provisions need to be adopted in order to effectively regulate such placement of facilities; and, WHEREAS, a moratorium on the siting or permitting of wireless telecommunications, television, radio, and other similar facilities that is limited in duration will enable the City to undertake such a review; and, WHEREAS, the City Council has previously adopted Ordinance No. 2000-066 imposing a one hundred eighty (180) day moratorium on the sitting or permitting of such facilities; and, WHEREAS, while progress has been made on accumulating information and seeking input regarding new regulations related to the placement of wireless telecommunications, television, radio, and other similar facilities, additional time is necessary to complete the process of generating such regulations; and, WHEREAS, the City Council finds and determines that an additional ninety (90) days would be sufficient to complete such process; and, WHEREAS, the City Council finds and determines that during the prior one hundred eighty (180) day moratorium, the placement of facilities on existing towers was permissible under the prior moratorium and such practice of placing such facilities on existing towers should continue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That an existing moratorium on the slttmg or permlttmg of wireless telecommunications, television, radio, and other similar facilities, as the same was previously declared by the City Council in Ordinance No. 2000-066, adopted December 11,2000, should in all things be extended for an additional period of ninety (90) days from the date of the expiration of the prior moratorium, the same being June 9, 2001, such that the extended period of moratorium will expire September 7, 200 I, unless terminated earlier by action of the City Council. The moratorium is subject to being extended by the City Council for an additional specified period of time in the event the required studies, reviews, ordinance preparation, and ordinance review and adoption have not been accomplished within the additional ninety (90) days. The moratorium shall expire upon the expiration of the ninety (90) day period from and after the expiration of the original one hundred eighty (180) day period unless it is extended or terminated by ordinance of the City. Section 3. That during the time the moratorium is in effect, the City shall continue to accept and process applications for the siting or permitting of wireless telecommunications, television, radio, and other similar facilities, subject to ordinance provisions as may be revised during the moratorium. The acceptance and processing by the City of facility siting applications shall not be construed to grant to the applicants any right to an approval of such application. Section 4. That, during the time ofthe moratorium, the City staff shall review the City's land use regulations and present a recommendation to the City Council as to City ordinances that need to be amended or adopted to adequately address issues relating to the siting and permitting of wireless telecommunications, television, radio, and other similar facilities in a manner that addresses local concerns, provides the public with access to the aforementioned services for its safety, convenience, and productivity, and complies with the Federal Telecommunications Act of 1996. Section 5. That, to the extent practicable, the community and the industry shall be included in the review and development of recommendations to the City Council. Section 6. That this ordinance shall be effective immediately upon passage hereof, subject to any publication requirements as shall apply. PASSED, APPROVED, AND ADOPTED this 14th day of May, 2001. ~ree~ ATTEST: ~,"\J~L"-"""". (Jn~ Mattie Cunningham, City Clerk ~ APPROVED AS TO FORM: