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01-10020 Affidavit of Publication Ord. No. 01-10020 Following is a true and correct copy of together with proof of publication of the same. (Published In The Salina" Section 3. Applications. ' Joumafdanuary 26,2001) - During the period of the more' AFFIDAVIT ORDINANCE NUMBER. lorium, applications for permits 01-10020 and approvals for communica- AN. i ORDINANCE ESTAB- •tion towers shall -continue to LISHING ,A`790-DAY-, MORA be accepted and .administra- TORIUM ON THE CON- tively processed, subject to or- Bryant Pierpont •STRUCTION ti''OF. NEW 'COM dinance •provisions as may be I I, , being duly ON THE TOWERSN'•AND revised during the moratorium; ON THE DEVELOPMENT.OF however. no final decision, ap- PROPEPTY FOR SUCH NEW provals, or permits shall be is- TOWERS WITHIN THE DRY sued by any city department, sworn, declare that I am the Advertising Manager of THE LIMITS OF: THE CITY OF ofcial,board,or commission. SALINA,KANSAS. -. , Section 4. Exceptions. The WHEREAS,,„recent adJen-moratorium shall not apply to: SALINA JOURNAL, a daily newspaper published at Salina, cos I in+ wireless 'communise- (a) the lawful use of existing tons technology have resulted towers•or the lawful erection of in a new generation of cellular- antennae on existing towers Saline County, Kansas, and of general circulation in said type communication services (b) the repair and/or mzmte- called Personal • Communise- nonce of repair lawful existing tow- lion 'Services': f'PCS'), which, er, provided that such wed( padiculady in- combination .with does not enlarge or expand county, which newspaper has been continuously and unin- other” wireless '; communication- that tower; _ „ services,-will likely require ad= (c) work on a tower•necessary ditional••� antenna 'locations - to,preserve health, safety, life, terruptedly published for five consecutive years prior to first throughout the -, community; or property in the case of an end emergency;or WHEREAS, those antenna (d) the erection or placement ublication of attached notice, and that the attached may be located on existing of a temporary antenna. sup- P structures, •e.g• buildings ,and pod facility part plan as an ofd Ian or Ord. No. 01-10020 other similar structures, but •e- proposal to -develop r a new so may be.located on commu- communication ,tower, which nication towers' constructed or, temporary facility.'shall be' al- 1 enlarged Mr that purpose;and :-- lowed only by issuance 'of a WHEREAS,'^ communication Special Use Permit with ap- has been correctly published in said newspaper tower site location/construction proval of the City Manager. businesses, as well as PCS based upon his determination service''prwuiders; have recent - that the erection or placement times, t e first publication being ly notified the City bl a need in of the temporary facility fur- P g g Ivan the near future.-for additional thers the public interest in that y 26 2001 antenna sites to improve.son- it provides additional ,informa- Jd dr iceinthecommuni ry;and Lion to the City' the service • in the issue of , 19 WHEREAS, -these entities provider, and the community are pursuing antenna • sites regarding service'area cover- age,efforts the.dry limits and those age, tower height and setback eXarts are expected to,Include impacts, and other •information requests to construct new • / d/ communications towers;and ' helpful to the City in its consid- i WHEREAS, , a., preliminary eration of new or amended Subscribed and s o to..b- a me, t Is d n n city staff"review has -indicated communication tower require- , that current.city ordinances.re- 'menu. (The City Manager latetl'to'siting'of wireless com- munication shall establish in the Special day of e ✓G Y A.D.49"�GD towers .may. not ad- Use Permit reasonable condi- equately .address 'issues relat- ed- to those towers, Including safety'provisions and.time Ilm- ��J ����„ . appropriate' locations, condi- tions of approval, public notice continue.) Notary Public and participatlond co-location, Section 5. Penalty. Any vio- height lineations And setbacks lation of the moratorium shall from residential.or other.sane- be a misdemeanor punishable l five pees;and as provided in section 1-10 of WENDY CHROBAK� WHEREAS, •since- adoption the Saida City Code and shall Notary Publle•$Sala of Kansas of the current ro mnunlcotlon squire immediate dismantling E r/ tower zoning regulations.there and removal of any construc- tion,Appt.Expires t-a.-2 '[ , appears to be- ilgnlXCant lion, erection, placement, re change In the Midwest, and construction, enlargement, or throughout the Country- In .how expansion of a communication communelee and the cohlmu• tower performed in violation of 'nations industry:Pr-atldress. the moratorium. • tower siting issues;and Section 6. Effective Date end Term. This ordinance WHEREAS, there is a-need o provide the city govemment shall be in full force and effect 'time to- review and possibly from and ater its adoption and amend its land use regulations public ews once in the official to adequately address 'issues effect newspaper, shall remain in ,relating i'to, siting of wireless t for a period of 90 days communication facilities in I a from its effective date, and manner which 'addresses local shall expire at that time unless .concerns, . provides the public further extended by ordinance. with access to wireless sew Introduced:January 22,2001- ices for its' safety. conven- ience, and 'productivity. • and January 22,2001 complies with the federal Tele- -/s/Alan E.Jilka,Mayor communications Act of •1996;. antl ISEALI- WHEREAS, a •-shod -term ATTEST . moratorium can be an appro- , priate strategy to provide, the /s!Barbara R.Weber, opportunity. for city' .govern- Deputy CM Clerk (tt) ment and wireless service pro- viders to expeditiously and ef- fectively address issues relat- ed to communication tower sit- I Ing and construction. 'SO NOW THEREFORE, BE IT'ORDAINED by the Goveming r Body of the •City of Salina,Kansas: Section ' I. Moratorium. There is hereby established a moratorium on the construc- tion, erection, placement, .'re- construction, •enlargement„ or expansion,.. of, communication towers within the 'City limits and,on•,the. development and use of property for such pur- poses. Section 2. Definition. For purposes of the moratorium, the term- 'communication, tow- er' shall be as defined in Sec- tion 42-69(b)(4) of the Sauna _Citv.Code.