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Ord 4-2002 1/3/2002ORDINANCE NO. 4-2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, WAIVING PROVISIONS OF THE BUILDING CODE TO ALLOW A CANOPY, OUTDOOR FURNITURE AND A FENCE TO BE PLACED WITHIN THE PUBLIC RIGHTS -OF -WAY OF EIGHTH STREET AND INDIANA STREET NEXT TO 801 INDIANA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY ENCROACHMENT AGREEMENT; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the owners of Texas Moon at 801 Indiana have requested permission to place a canopy, outdoor furniture and a fence within the public rights -of- way of 8th Street and Indiana Street; and WHEREAS, the proposal for such placement is contrary to adopted building codes; and WHEREAS, the City Council deems it in the best interests of downtown revitalization and in the public interest to allow such canopy, furniture and fence to be placed along that portion of the 8th Street and Indiana Street rights -of -way adjacent to the building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 3204.3, 3204.7 and 3206.2 of the Building Code are hereby waived to allow a canopy, outdoor furniture and a fence to be placed within the public rights -of -way of Eighth Street and Indiana Street next to 801 Indiana Street. SECTION 2. The City Manager is authorized to enter into an Encroachment Agreement with the Texas Moon Restaurant, to allow the referenced encroachments. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 3rd day of January, 2002. "" 0, 4 d' ec::: I e- L MAYOR ATTEST: City Clerk