HomeMy WebLinkAboutORD 1323 - ORD Relating to Aquiencenses to Encroahments upon Easements, Amending the Code of ORD
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ORDINANCE NUMBER 1323
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AN ORDINANCE RELATING TO ACQUIESCENCES TO ENCROACHMENTS
UPON CITY EASEMENTS; AMENDING THE CODE OF ORDINANCES OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That Section 2-25 of the Code of Ordinances of the
City of West University Place, Texas is hereby amended by adding
thereto a new subsection to be designated as "(e)" and by redesignating
the existing subsection "(e)" as "(f)". Said new subsection (e) shall
read in its entirety as follows:
(e) Either the City Manager or the Mayor may execute
acquiescences to encroachments upon City easements if: (i) the
executing officer determines that the encroachment in question
will not significantly hinder present or future City operations,
which determination shall be evidenced by the officer's execution
of the acquiescence documents, (ii) the acquiescence document does
not purport to limit or to affect any of the City's regulatory or
police powers, including the zoning ordinance, (iii) the
acquiescence document provides that the encroachment may be
removed at thedi s cret i on of the City, i f required in the future.
(iv) applicable administrative provisions for the acquiescence
have been complied with, and (v) the city attorney has reviewed
the document or the controlling features of the form used. Either
the City Manager or the Mayor may refer a request for such an
acquiescence to the City Council.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
senten~e, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, U"r,'
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Ordinance Number 1323
[J
125
Section 5. This ordinance shall become effective immediately upon
its adoption and signature.
PASSED AND APPROVED ON FIRST READING this 25th day of July,
1988.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor Parks, Councilmembers Bryan,
Bell, Britton, Schwartzel
None
None
PASSED AND APPROVED ON SECOND AND FINAL READING this 8th
day of August, 1988.
Councilmembers Voting Aye:
Councilmembers Voting No:
-Councilmembers Absent:
[
ATTEST:
Audrey Nichols
City Secretar.y
(SEAL)
o
Mayor Parks, Councilmembers Bryan,
Britton
None
Councilmembers Bell, Schwartzel
Signed:
Michael L. Parks, Mayor
Approved as to Form:
James L. Dougherty, Jr.
City Attorney