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~ en -.::s-- >- 0 ~, 0:::, f:! 3 1 ¡=:a:J -:::. L.i.J 2: f.iO 0::: c:: (\j t:3 &S --I (;') ...... :::::> ;>=° '-;¡ !::::b wp ORDINANCE 1998-' 56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 114.001 AND 114.621 OF THE ZONING CHAPTER OF THE CITY CODE TO ADD A DEFINITION OF "TELECOMMUNICATIONS TOWERS" AND TO REQUIRE THAT SUCH TOWERS BE CONSTRUCTED AS MONOPOLE, METAL STRUCTURES; INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR PENALTIES AND DECLARING AN EMERGENCY. RECTIALS: 1. The City Planning and Zoning Commission conducted a public hearing on proposed amendments to Sections 114.001 and 11.621 of the Zoning Chapter of the City Code on July 14,1998. 2. The Planning and Zoning Commission, after the public hearing, voted to recommend that the amendments be adopted by the City Council. 3. The City Council conducted a public hearing on these amendments on August 24, 1998 4. . The City Council finds and determines that this ordinance will promote the public heàlth, safety, morals and general welfare. 5. The City Council finds and determines that this ordinance (1) does not unreasonably discriminate among telecommunications providers that compete against one another, and 2) will not prohibit or have the effect of prohibiting the provision of wireless telecommunications service. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 114.001 of the City Code is amended by adding the following definition in alphabetical order: Telecommunications towers mean any structure erected for the purpose of supporting equipment that serves as a telecommunications relay point for cellular telephones. personal communications services (PCS). digital communications. and similar technologies regulated by the 1996 Federal Telecommunications Act. SECTION 2. Section 114.621 of the City Code is added to read as follows: Section 114.621. Telecommunications towers: Telecommunications towers. as defined by this Chapter. shall either be attached to existing structures or shall be constructed as monopole. metal structures. Towers secured by guy wires. three- sided or four-side steel-lattice towers. or similar configurations are expressly prohibited. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed.