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.
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ATTEST:
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Mattie Cunningham, City Clerk ~
APPROVED AS TO FORM: