HomeMy WebLinkAboutOrd 721-2016 Management of ROWCITY OF ANNA, TEXAS ORDINANCE NO. '1:l \ -dQ,\(p I AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART II (GENERAL ORDINANCES), ARTICLE 50 (MANAGEMENT OF PUBLIC RIGHTS-OF-WAY), SECTION 1 (DEFINITIONS) AND SECTION 9 (LOCATION OF UTILITY STRUCTURES); PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules and regulations regarding management of public rights-of-way; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its citizens
to amend the Anna City Code of Ordinances by amending Part II, Article 50, Section
1 and Section 9;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXA~, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendments.
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the City Council hereby
amends Part 11, Article 50, Section 1, and Section 9 of the Anna City Code of Ordinances,
as follows:
Section 1. Definitions
For the purpose of this article, the following words shall be defined herein below:
Antenna 1 Microwave Reflector & Antenna Su12.Qort Structure. Antenna means the
arrangement of wires or metal rods used in transmission 1 retransmission and recegtion
of radio, television 1 electromagnetic or microwave signals, including without limitation
Microwave Reflectors and Antennae. Microwave Reflector means an a1212aratus
constructed of solid, 012en mesh, bar-configured, or 12erforated materials of any sha12e
or configuration that is used to receive or transmit microwave signals from a terrestrial
or orbitally located transmitter or transmitter relay. Microwave Reflectors are also
commonly referred to as satellite receive only earth stations (T.V.R.O.S.}1 or satellite
dishes. Antenna Sue.e.ort Structure means any tower, mast, (2ole, tri12od 1 box frame, or
other structure utilized for the purpose of supporting one or more Antennae or Microwave Reflectors . including without limitation structures that have a primary or secondary use in addition to supporting one or more Antennae or Microwave Reflectors. Section 9. Location of Utility Structures 9.01 Utility structures not exceeding 20 cubic feet are allowed in the Right-Of-Way or utility easements, subject to available room and located as approved by the Director. The placement of utility structures larger than 20 cubic feet, but not exceeding 30 cubic feet will be reviewed on a case-by-case basis by the Director.
Such structures shall not encroach within a sidewalk area, including a vertical
clearance of 7.5 feet above the sidewalk or within the sight visibility area.
9.02 Utility structures larger than 30 cubic feet shall be located as close as practical to
the back of a public or private utility easement and subject to available room and
located as approved by the Director.
9.03 Above-ground Facilities such as pedestals, switching boxes and similar Facilities
shall be located no less than three feet from the edge of an alley or the back of
street curbs and such that they do not create a physical or visual barrier to vehicles
leaving or entering roads, Driveways or alleys. Such Facilities shall not be lo_cated
in front of residential lots in a manner that creates an unreasonable visual or
aesthetic impairment (as determined by the Director) for the property owner.
9.04 The Owner's identity and telephone number shall be placed on all utility structures
placed in the Rights-of-Way.
9.05 Notwithstanding anything in this article or other ordinance or regulation, whether
or not codified, Antenna. Microwave Reflector & Antenna Support Structures and
any part or component thereof are prohibited in Public Rights-of-Way without the
express approval of the City Council by Resolution or Ordinance of a franchise
agreement or license. Approval of any such facility, franchise agreement, or
license is at the sole discretion of the City Council.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid
Section 4. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and -effective upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this the 12th day of July, 2016. ATTEST:
c~or ~
Carrie L. Smith, City Secretary