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OR 91-500-A-011 Southwestern Bell Telephone AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A11 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes, and pursuant to the zoning ordinance and zoning map of the City of Coppell, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that said change of zoning, which is on application of SOUTHWESTERN BELL TELEPHONE, S-1053, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative AGG02276.1 discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the property hereinafter described, a new zoning district classification, to wit: "LI" Light Industrial District Classification with a Special Use Permit for a 64 Foot Monopole Telephone Tower. Said Special Use Permit being subject to the following conditions: 1. &ll obsolete or unused facilities must be removed within 12 months. 2. The tower and antenna shall not exceed 64 feet in total height. 3. No outside storage. Said property being described as follows: BEING a 60 x 40 foot tract of land 99l feet south of the intersection of Thweatt Road and Royal Lane, City of Coppe11, Dallas County, Texas, and shown on the Site Plan attached hereto as Exhibit ,,&,, and made a part hereof, and on described in Exhibit "B" attached hereto and made a part hereof. SECTION 2. That all parts of any ordinance of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances or AGG02276 parts of ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the i0~ day of -l~']~\¢k , 1992. APPROVED: ATTEST: APPROVED AS TO FORM: cIT~/~ECRE~ARY EXHIBIT "B" ~tt~ched to and made a part of that certain Lease Agreement dated ~//~/~/ by and between }lager Containers, Inc. LESSOR, and Dallas SMSA/Lien±ted Partnership, LESSEE. PROPERTY DESCRIPTIO~q BEING a' tract of land.:aituated in the Jesse Mo~re Survey, Abstract No. 968 in the City of Coppell, Dallas County, Texas and also being part of a 20 acre tract of land described in deed to' Connell Development Company in Volume 83219, Page 2674 of 'the Deed Records of Dallas County, Texas, also known as Hager Containers Addition, as addition to the City of Coppell, Texas, according to the Plat thereof recorded In Vol~e ~ , Page ~, Plat ,Records of Della. County, Texas, ~nd bel~ more particularly .described as follows~ CO~ENCING at a 1" lro~ pin at the intersection of the South lin~ of Sandy Lake Ro~J (Thweatt Road) (a 50 foot right-of-way) with the Southeasterly lane of State Highway 121 (a 100 foot right-of-way), said point also being th~ Northwest corner of a 30.508 acre tract of land as described in deed to Baker & Associates Joint Venture No. 7 in Volume' 85013, Page 4136 of the Deed Records of Dallas County, Texas; ~[ENCE East, 941.84 feet along the .South line of Sandy lake Road to a 'point for corner; THENCE South 0" 11' 00" East, 993.06 f~et.leaving the said South line of Sandy Lake Road' and along a mutual Boundary Line Agreement as recorded in Volume 85013, Page 4129; THENCE North 89" 49' 00" East, 50.00 feet to the POINT OF BEGINNING.'~' an iron .pin?-~pr c~ger; ~ENCE Nbrth 89~ 49" 00" East, 606~12 fe~t to an iron pin for corner; THENCE South 0" 11' 00"~East, 336.65 fee~ to an iron pin for corner; THENCE South 89" 58' 20" West, 606.12 feet to an iron pin for co~ner; ~ENCE North 0" 11' 00" West, 335.00 feet to 'the .POINT OF EGI~ING and CONTAINING 4.673 acres (203,548 square feet) of land, more or less. ' .-~ ~ Jesse Ho6r~ Survey, ' EXHIBIT "B" ' -~ [' : ass r,~atnder o~ property '