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Executive Order JB-01CITY OF CARMEL, INDIANA EXECUTIVE ORDER WHEREAS, Carmel City Ordinance No. Z-320 requires telecommunications tower ("Cell Tower") requests to be referred to and approved by the Board of Zoning Appeals ("BZA"), except for Cell Towers to be located on real property owned by the City; and WHEREAS, numerous and persistent attempts had been made by telecommunications providers to avoid BZA review by seeking the placement of Cell Towers on City property, which conduct had resulted in an inordinate amount of time being spent by the City's Department Directors in responding to such requests; as well as the possibility of inconsistent decisions being made regarding such requests; and WHEREAS, the Executive believes that, to ensure a prompt, informed and consistent City response to such requests, all decisions conceming Cell Tower placement or co-location on Cell Towers located within the City's corporate limits should be made by the BZA; and WHEREAS, the BZA has special knowledge and expertise in reviewing and responding to such requests. NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of Carmel, Indiana, I, James Brainard, do hereby declare and order that, effective this date, all requests for the construction of or co-location of telecommunications equipment on towers or other structures located within the corporate limits of the City of Carmel, Indiana, shall be directed to the BZA, which body shall be the approval authority for same, subject to such judicial review as is provided by law. SO ORDERED THIS ~ DAY OF ~('~' o ~'z:-/(~ , 1999. J~hes Brainard, Mayor ATTEST: ~ · l~-ney,~it ~ ~'tt0~iY