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Ord 127-96 9/3/1996Y ORDINANCE NO. � r1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A TREE BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, trees, shrubs and other plants provide for beautification and other ecological benefits of the City; and, WHEREAS, a tree ordinance encourages beautification, air cooling and purification, noise abatement and property value enhancement; and, WHEREAS, a Tree Board would aid in the informing and educating of the community as to the virtues trees have in enhancing the City; and, WHEREAS, the interest of all citizens would best be served by the creation of a Tree Board to address the needs of the citizens of Wichita Falls in ecologically improving our City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 2, Article V of the Code of Ordinances of the City of Wichita Falls is hereby amended to be entitled "Tree Board," and hereby is adopted, the same to read as follows: "ARTICLE V. Tree Board See. 2 -161. Creation. There is hereby established a Tree Board which shall inform and educate the citizens as to the benefits and enhancements that urban tree planning can have for the City of Wichita Falls. The Tree Board shall consist of at least seven (7) members. Sec. 2 -162. Qualifications of Members. (a) Members of the Board shall be appointed by the City Manager and shall serve without compensation. The City Manager or his designee shall serve as the Chairperson of the Tree Board. Members shall include the following: City Manager or his designee City Horticulturist Parks Maintenance Supervisor Director of Parks and Recreation • representative from the Traffic /Transportation Department • representative of the Community Development Department • representative of the Clean Community Commission (b) In addition to the seven (7) members listed above, the City Manager may have the ability to appoint up to five (5) ex- officio members. The ex- officio members shall be subject to the same restrictions as the members of the Board; however, the ex- officio members shall not have a vote and shall not be considered in determining the presence of a quorum. Sec. 2 -163. Terms. (a) Initially, the citizen appointee to the Board from the Clean Community Commission shall serve for a period of one (1) year. Thereafter, this citizen appointee shall be appointed for a term of two (2) years or until a successor is named. (b) Appointments to fill any vacancy on the Board shall be by the City Manager, and that member shall serve for the remainder of the unexpired term. Sec. 2 -164. Applicability. This ordinance provides full power and authority over all trees, plants and shrubs located within street rights -of -way, parks and public places of the City; and to trees, plants and shrubs located on private property that constitute a hazard or threat. Sec. 2 -165. Maintenance Responsibilities. To insure that the goals of the Tree Board are met, the following departments shall have the following areas of responsibility if so directed by the City Manager: (a) Park maintenance shall be provided by the Parks Department, and it shall monitor any urban forestry plan, including any public parks and medians. A list of recommended landscape plants shall be provided by the Parks Department to any individual who requests such information. (b) Any vegetation, shrubs or trees that create a traffic hazard by their growth shall be monitored by the Traffic Department. (c) Any commercial urban landscaping that are subject to regulation of zoning shall be monitored by the Planning Department. Sec. 2 -166. Meetings. The Tree Board shall meet on an as- needed basis, but shall hold one meeting per quarter during a calendar year. Sec. 2 -167. Duties and Powers of the Board. The Board shall have the following duties, functions, powers and responsibilities: a. to serve in an advisory capacity to the City Manager and the Parks and Recreation Department in respect to all matters pertaining to the regulation of the planting, maintenance and removal of trees, shrubs and other plants on public property. b. to provide education and information to the citizens about proper urban forestry. C. to advise on developing a comprehensive plan for urban tree planting for the City of Wichita Falls. The powers of the Board shall be purely advisory, voluntary and persuasive. " SECTION 2. Should any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being hereby expressly declared that this ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 3. It is hereby 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 day of'�'Q Dn ' 1996. M A Y O R ATTEST: City Clerk ORDINANCE NO. 121-96 ORDINANCE WAIVING SECTION 22 -1 (a)(9) OF THE CODE OF ORDI- NANCES TO PERMIT SIGNS DURING A WICHI- TA FALLS RADIO CON - TROL CLUB EVENT OCTOBER 5TH AND 6TH, 9 Here) 1996 IN JAYCEE PARK ORDINANCE NO.122 -96 ORDINANCE WAIVING' SECTION 27 -30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE NORTH SIDE F.M. 1954 ADJACENT TO THE SOUTH LINE OF LOTS 1 -6, BLOCK 1, MON- AGHAN RANCH ESTATES ORDINANCE NO. 123-96 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION SECTION 9 (B) (2) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON THE NORTH SIDE F.M. 1954 ADJACENT TO THE SOUTH LINE OF LOTS 1 -6, BLOCK 1, MONAGHAN , RANCH ESTATES ORDINANCE NO. 124-96 ORDINANCE WAIVING j APPENDIX A, SUBDIVI - SION SECTION 9 (B) (2) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON .THE WEST SIDE OF S. LEWIS WRANGLERS RETREAT rrPUWX ADJACENT TO THE EAST LINE OF LOT 69 -A, SEC- TION FIVE AND THE , A&) SOUTH SIDE OF WRAN- GLERS RETREAT ADJA- CENT TO THE NORTH LINE OF LOT 80, SEC- TION FIVE, LANDRUM & HENDERSON SUBDIVI- SION ORDINANCE NO.125 -96 ORDINANCE WAIVING SECTION 27 -30 OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING A SIDEWALK ON THE EAST SIDE OF HUNTINGTON LANE AD- JACENT TO THE WEST LINE OF LOT 1, BLOCK 24, WICHITA VALLEY FARMS SUBDIVISION ORDINANCE NO. 126-96 ORDINANCE WAIVING APPENDIX A, SUBDIVI- SION SECTION 9 (B) (S) (a) OF THE CODE OF OR- DINANCES WITH RE- SPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF HUN - TINGTON LANE ADJA- CENT TO THE WEST LINE OF LOT 1, BLOCK 24, WICHITA VALLEY FARMS SUBDIVISION ORDINANCE NO.127 -96 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ESTAB- LISHING A T R E E BOARD; FINDING AND DETERMINING THAT T H E ME E T I N G AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO. 128-96 ORDINANCE REZONING LOTS 12 & 13, BLOCK 11, HOMEWOOD HEIGHTS ADDITION (607 & 609 FLOOD STREET), WICHI- TA FALLS, TEXAS FROM SINGLE FAMILY -2 RESI- DENTIAL TO MULTIFAM- ILY ZONING (CASE R 96 -10); FINDING AND DE- , 7ERMINING THAT THE AA C CTI AIP_ ,1T 1 u 1PIJ Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA On this ' T c day of A.D... ........ persony(ally appeared before me, the undersigned authority lY bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times/Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in _ ..; issues thereof on the following dates: Bookkeeper for I—es Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: ORDINANCE NO. 128-96 ORDINANCE REZONING LOTS 12 & 13, BLOCK 11, HOMEWOOD HEIGHTS ADDITION (607 & 609 FLOOD STREET), WICHI- TA FALLS, TEXAS FROM SINGLE FAMILY -2 RESI- DENTIAL TO MULTIFAM. ILY ZONING (CASE R 96 -10); FINDING AND DE- 7ERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO . THE PUBLIC AS RE QUIRED BY LAW ORDINANCE NO.129 -96 ORDINANCE REZONING APPROXIMATELY 55 ACRES OUT OF BLOCKS 26 AND 27, DENTON CO. SCHOOL LAND LEAGUE 1 , WICHITA FALLS, TEX- AS FROM S I N G L E FAMILY -2 RESIDENTIAL TO GENERAL COMMER- CIAL CONDITIONED ZONING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- j QUIRED BY LAW ORDINANCE NO.130 -96 ORDINANCE REZONING 401, 403 AND 405 SWARTZ AVENUE, LOTS 5, 6 AND 7, BLOCK 6,SOUTH PARK ADDITION, WICHITA FALLS, TEXAS, FROM RESIDENTIAL MIXED USE TO HEAVY COM- MERCIAL ZONING (CASE R 96 -09); FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW ORDINANCE NO. 131-96 ORDINANCE WAIVING SECTION 11 OF ORDI- NANCE 2491 OF THE CODE OF ORDINANCES WITH RESPECT TO AL- COHOL SALES WITHIN 300 FEET OF A STATE SUPPORTED PUBLIC SCHOOL, AND GRANTING THIS WAIVER FOR PROPERTY LOCATED AT 4105 MAPLEWOOD AVE- NUE; FINDING AND DE- TERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS RE- QUIRED BY LAW