Ord 004-2002 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