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Ord 037-91 4/16/1991 A' ORDINANCE NO. 37-1/ ORDINANCE OF THE CITY OF WICHITA FALLS AMENDING CHAPTER 27, STREETS AND SIDEWALKS, AT ARTICLE I , SECTION 27-3, AND CHAPTER 29, TRAFFIC, AT ARTICLE VIII, SECTION 29-215; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A REPEALER CLAUSE AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS ADOPTED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 27, Streets and Sidewalks, at Article I, Section 27-3 entitled "Shrubbery, trees, ,etc. , not to obstruct streets and sidewalks" shall be amended so that such section shall read as follows: "Any person owning, occupying or controlling any lot or other land within the corporate limits of the city, upon which there is planted or growing any tree, hedge, bush or vine; or owning, occupying or controlling any lot or other land abutting upon any curb within the corporate limits of the city upon which curb there is planted or growing any tree, hedge, bush or vine, shall prune or train the branches or limbs of any such tree, hedge, bush or vine so that any of same projecting over any street, alley, sidewalk or public passageway shall be not less than twelve ( 12) feet above the surface of such street, alley or public passageway, and not less than seven ( 7) feet above the surface of any sidewalk. " SECTION 2. Chapter 29, Traffic, at Article VIII, Section 29-215 entitled "Abatement of traffic hazards in the form of trees, hedges, shrubbery, etc. " shall be amended so that such section shall read as follows: " (a) Wherever the Director of Traffic and Transportation of the city shall find a tree, shrub, hedge or other natural growth of any sort or description, located and growing within the boundaries of any public street in the city, which interferes with the vision of automobile drivers, or the drivers of other type vehicles driving upon such streets, therefore constituting a traffic hazard, the Director of Traffic and Transportation is therefore authorized and directed to cause the traffic hazard to be abated, by trimming or removing any such obstruction. (b) The Director of Traffic and Transportation is hereby instructed to give written notice to the owner of any abutting property and afford such owner the opportunity to do the work of removing the aforesaid hazard to traffic within a ten ( 10) day period of receipt of notice, but shall not be compelled to await the owner' s action in any case where he shall find that the public safety requires the immediate abatement of such hazard. (c) In the event that any hazard is not removed after notice to the adjoining property owner, then and in that event the Director of Traffic and Transportation is authorized and directed to request the parks and recreation department of the city to furnish the men and equipment to do whatever is necessary in the premises to remove such hazard, the same to be done immediately. (d) In the event that any interested person is dissatisfied with the action of the Director of Traffic and Transportation he may within the ten ( 10) day period of notice hereinabove described, file an appeal with the city traffic commission for a full and complete hearing by such commission, and the interested property owner may in his discretion appeal the matter to the City Council of the city, whose judgment ;thereon shall be final. (e) For the direction of the Director of Traffic and Transportation, the minimum height of twelve ( 12) foot clearance for all hedges, shrubbery or tree limbs over any street of the city is hereby determined to be the minimum height for any over- hanging shrubbery or growth. (f) On any corner lot or parkway adjacent thereto, a fence, wall, structure, sign, hedge, tree or obstruction of any nature erected, planted or maintained so as to interfere with sight lines at elevations between two ( 2) feet and eight ( 8) feet above the top of the adjacent roadway curb, or if there be no curb then from the average street grade, within a triangular area formed by the intersection of the adjacent curb lines, or if none exists, the normal curb lines and a point on each curb line forty-five (45) feet from the intersection, shall be prima facie evidence that such fence, wall, structure, sign, hedge, tree or obstruction of any nature constitutes an obstruction to vision as regards public traffic on the streets. The triangular area of visibility as provided for herein is further described and depicted by the drawing following this section. Any such fence, wall, structure, sign, hedge, tree or obstruction of any nature erected, planted or maintained in violation of this paragraph, shall be removed upon written notice from the Director of Traffic and Transportation, served upon the owner, agent or occupant of the premises where such obstruction has been erected, planted or maintained. In the event the obstruction is not removed within ten ( 10) days after notice, it may be removed by the city at the expense of the property owner. The owner, agent or occupant shall be subject to a fine of not more than Two Hundred ( $200. 00) Dollars and each day that such owner, agent or occupant suffers the obstruction to remain shall • be deemed a separate offense. Any building or structure built in conformance with the building codes or requirements of the City of Wichita Falls which fall within this triangular area shall be exempt from the provisions of this paragraph. " SECTION 3. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 4. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable) , the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Wichita Falls in adopting and of the Mayor in approving this ordinance, that no portion hereof or provision or regulation contained herein shall fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end all provisions of this ordinance are declared to be severable. SECTION 5. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. PASSED AND APPROVED this the 16th day of April, 1991. M A Y O ATTEST: City Aerk Ad 414120 Affidavit of Publication THE STATE OF TEXAS ORDINANCE NO.3 5-9 1 ORDINANCE MAKING AN AP COUNTY OF WICHITA PROPRIATION FROM GENERAL FUND EQUITY IN THE AMOUNT ' (pa' S5,000 LOTS PURCHASE 'P') STREET 26th April ORDINANCE NO.36-91 On this day of ORDINANCE AMENDING ORDI- NANCE 27-91 CHANGING THE j 1991 DATE OF THE KFDX-TV3 FIRE- WORKS EVENT TO JULY 3,1991 A.D. personally appeared before me, the undersigned authority ORDINANCE NO.37-91 DQrice Ming bookkeeper .ORDINA/�IN1 OF THEF,CITY OF WICHIV FF4L ENDING CHAPT 71 , AND SIDEVq LK ;AT'A 1,4 I,SEC- 1 for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls TION 27-3, AND CHAPTER 29, TRAFFIC,AT ARTICLE VIII,SEC- ' Times/Record News, a newspaper published at Wichita Falls in Wichita County, TION 29-215; PROVIDING FOR INCLUSION IN THE CODE; Texas, and upon being duly sworn by me, on oath states that the attached PROVIDING A REPEALER TERMINNG FINDING advertisement is a true and correct copy of advertising published TERMINING THAT THE MEETING PY g P AT WHICH THIS ORDINANCE one (1 J WAS ADOPTED WAS OPEN TO in p issues thereof on the following dates: THE PUBLIC AS REQUIRED BY LAW April 26, 1991 • \, , \ a Bookkeeper for Times Publishing Company of Wichita Falls (SEAL) Subscribed and sworn to before me this the day and year first above written. ti • • .