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Ord 22-2008 4/1/2008 � r� ORDINANCE NO. 22-2008 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPROVE THE PLACEMENT OF CERTAIN HORSE STRUCTURES ON PUBLIC RIGHTS-OF- WAY OR OTHER CITY PROPERTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City Council is in support of the development of the arts and associated economic development within the community; and WHEREAS, a program called the Mane Event has been established to accomplish the decoration and placement of horse sculptures at different places in the community; and WHEREAS, permission and control is required for placement of such structures on public rights-of-way or other public property in compliance with Section 94-13 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. City Council hereby authorizes the City Manager or his designee to grant permission for the temporary and permanent placement of the horses on public rights-of-way and other public property. SECTION 2. Location shall be based on the placement of the horse to minimize conflict with the passage of pedestrians, handicapped individuals, or other legal users of the rights-of- way. Each individual location on public property shall be approved by the City utilizing a permit for such purpose. SECTION 3. The City shall not be liable for the maintenance of the structure, its damage, or theft. The method of anchoring shall also be approved. SECTION 4. The City shall have the right to have the owner remove or for the City to remove the structures due to maintenance concerns, conflicts with public improvement plans, or such reasonable circumstance that may arise. SECTION 5. 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. � i � PASSED AND APPROVED this the 1 st day of April, 2008. MAYOR ATTEST: � City Clerk