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OR 91-500-A-242 Two additional cabinets at base of TXU electric towers AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A242 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDINNG THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SPECIAL USE PERMIT (S-1108) ORDINANCE NO. 91500-A- 127 BY PROVIDING FOR TWO ADDITIONAL ACCESSORY CABINETS AT THE BASE OF EXISTING T.X.U. ELECTRIC TOWER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance 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, and to all persons interested and situated in the affected area and in the vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1108R should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be amended by amending Special Use Permit (S-1108) Ordinance No. 91500-A-127 to provide for two additional accessory cabinets at the base of existing T.X.U. Electric tower and to approve the revised site plan for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-I108), Ordinance No. 91500-A-127, as amended hereto and as a further 1 31548 condition, the Site Plan attached hereto and incorporated herein by reference as Exhibit "B", and made a part hereof for all purposes, is hereby, approved. ' SECTION 3. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect, except Special Use Permit (S-1108), Ordinance No. 91500-A-127 shall continue in full force and effect except as amended herein. SECTION 5. That should any sentence, paragraph, 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 unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is govemed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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 of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. 2 31548 SECTION 8. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 11th day of April, ,2000. APPROVED: CANDY SHEEHAN, MAYOR , ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 3/21/00) 3 31548 LEGAL DESCRIPTION: BEING a 34' x 40' tract of land located in an existing Texas Power & Light Co. easment and being in J. Parrish Abstract No. 1139, Dallas County, Texas and being further described as follows: COMMENCING at the southwest line of Sandy Lake Rood, said point being 500.35 feet North 52' 45' 00" West from o point where said southwest line of road intersects the east boundary line of the David Myers Survey, Abstract No. 886; THENCE South 30' 00' 00~ West along the south line of on existing Texas Power & Light Co. eosment 4033.19 feet and South 34' 30' 00" West 655.61 feet to a point in the intersection of the south line of said Texas Power & Light Co. easement; THENCE North 46' 43' 02" West, a distance of 68.99 feet to the POINT OF BEGINNING of this ,34' X 40' tract of property;, THENCE North 55' .30' 06" West a distance of 34 feet to e corner; THENCE North ,34' 30' 00" East a distance of 40 feet to a corner; THENCE 5outh 55' 30' 06" East a distance of 34 feet to o corner; THENCE South 34' ,30' 00" West o distance of 40 feet to the point of BEGINNING AND CONTAINING 1,380 square feet, (0.0312 acres) of land, more or less. EXHIBIT "A" AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-242 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SPECIAL USE PERMIT (S-1108) ORDINANCE NO. 91500-A- 127 BY PROVIDING FOR TWO ADDITIONAL ACCESSORY CABINETS AT THE BASE OF EXISTING T.X.U. ELECTRIC TOWER FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Coppell, Texas, this the 11thday of April ,2000. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY