HomeMy WebLinkAboutORD 741 - ORD Prohibiting Planting, Growing or Maintenance of any Hedges, Trees, Shrubs
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ORDINANCE NO. 741
AN ORDINANCE m()lT'rRITINGTHE PIJootING" GROWTH ORMAINlJENANCE OF
ANY HEDGES" TREES, SHRUBS OR OTHER GROWTH UPON THE ~AVED OR
UNTRAVElED STREET RIGm OF WAY PORTIONS AND CERTAIN PRIVATE
PROPERTY PORTIONS OF C$RTAIN STREET CORNERS IN TEE CITY OF WEST
UNIVERSITY PLACE , IN THE INTEREST AND FURTHERANCE OF INSURING
VISION FOR TRAFFIC SAFETY; PROVIDING FOR PENALTY; PROVIDING FOR
OTEER ENFOjiCEME:NT; AND PROVIDING FOR SEVERANCE CLAUSE.
WHEREAS, the present policy 9f the City of West University Place is to allow and
encourage the landscaping by private property owners of the unpaved anduntrav-
eled portion of public street right-of-ways within the City of West University
Place adjacent to abutting privately owned lots; and
WHEREAS" the free and~safe movement of the City of West University Place public
street traffic .is resmr'icted and endangered by obstruction to visiori at street
intersections within the City of West University Place; and
WHEREAS" th~ public interest requires that such obstructions be restricted so as
not to constitute a traffic hazard;
NOW "THEREFORE, BE IT ORDAINED BY TEE CITY COMMISSION OF TEE CITY OF WEST UNIVER-
SITY PLACE, TEXAS: ' -
Sectioni~s~The areas in the City of West University Place hereinafter restricted
are as fOiiovts:
(a) All of that portion of land lying within a triangular shaped area
on each street corner within the City of West University Place described
by metes and bounds as follows: Beginning at the precise corner of in-
tersection point of ,the curbs of each of the two, streets intersecting
forming each corner and extending twenty feet along each such curb line
from said curb intersection point, the third si~e being determined by
the drawing of a straight line from the ends of such twenty-foot ex-
tensions, all as more fully portrayed by sketch immediately below.
(Whether said land be privately owned or unpaved or "iintraveled street
right-of-way property); ,
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Intersectioh at curbs
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Where no curbs are inexistance at such st eet intersections, said
twenty-foot line~ shall coincide with the central flow line of the
.ditches paralleling such uncurbed streets (as such central flow line
shall be determined by the Engineer of the City of West University
Place.
(b) No:person shall plant, grow or maintain in any such restricted area
any plant" hedge, shrub or other growth (save and except trees as here-
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inafter provided for) at a height greater than theee (3) feet from
the street gutter flow~line.
(c) Any trees planted, grown and maintained in any such restricted
area shall not have branches or foliage extending from the trunk
thereof at a height lower than 8 feet from the street gutt~r flow
line.
(d) By street gutter flow line is meant the street gutter flow line of
the curb adjacent to and bordering upon each such restricted area; in
the event there be no such curb as aforesaid, the aforesaid height re-
strictions shall be based upon the actual level 'of the paved or used
portion of the public street adjacent to and bordering upon each such
restricted area.
(e)'Provided, however, that the provisions of this Ordinance shall
apply only to those areaS of the City of West University Place, Texas"
designated and classified by the Zoning Ordinance of the City of West
University Place requiring construction on lots in said zoned s~ctions
to be set back from the property line of each such lot.
(f) The provisions of this Ordinance shall have no bearing or effect
upon the right of the City to administer and co~trol xhe remaining
portions of its public street right-of-ways not involved in the tri-
angular corner areas provided for in this Ordinance.
Section 2. Any person violating the provisions of ,this Ordinance shall be guilty
of a misdemeanor and shall be Hsubject to a fine of, not less than Two Dollars
($2.00) and not more than Two Hundred Dollars ($200.00), and each day that such
growth, as herein defined, shall exist in violation of this Ordinance shall con-
stitute a separate offense'.
Section ~. All of the provisions of this Ordinance are severable so that any
portion hereof, which might be deemed to void as a matter of law, shall not
affect the validity of any other portion hereof.
Section 4. In addition ,to the penalty provisions above provided for, resulting
from violation of the provisions of this Ordinance, the City of West University
Place shall be entitled to enter upon and remove from the triangular corner areas
provided for herein any of the prohibited growths provided for herein, such entry
and removal upon the private 'property portions of such triangular areas to be
without liability to the owners thereof.
DULY APPROVED A:ND ENACTED THIS TEE 25TH DAY OF AUGUST,' 1958, AT 'fEE REGULAR MEET-
ING OF THE CITY COMMISSION OF TEE CITY OF WEST UNIVERSITY PIACE;' TEXAS.
COMMISSIONERS VOTING AYE: ALL
COMMISSIONERS VOTING NO: NONE
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-- CITY CRETARY ,
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J MAYOR, ~
CITY OF WEST UNIVERSITY PLACE
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