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Ord 21-2008 4/1/2008 � '"'' ,. , ORDINANCE NO. 21-2008 AN ORDINANCE AMENDING APPENDIX A SUBDIVISION AND DEVELOPMENT OF THE MUNICIPAL CODE RELATING TO DEFINITION OF DRAINAGE EASEMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, it is the desire of the City Council to provide a clear definition of drainage easements; and WHEREAS, the City Council desires to identify specific items within the definition clarifying maintenance responsibility and to avoid encroachments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Appendix A Section 6.3 Paragraph H of the Municipal Ordinances is to be added as follows: H. Drainage Easements. 1. Drainage Easements shall be provided where required by the Department of Public Works. 2. The width and location of such drainage easements shall be in accordance with the current City of Wichita Falls Stormwater Design Criteria. 3. No structures shall be placed in a drainage easement. These include but are not limited to, fences, portable buildings, permanent structures, etc. In addition no vegetation shall be installed in this easement other than what has been approved by the Department of Public Works. 4. Encroachments existing on April 1, 2008 shall be allowed to remain unless the Director of Public Works determines the encroachment will constrict the flow of storm water. 5. All stormwater detention facilities shall require the dedication of a drainage easement in accordance with Chapter 106 Article VIII Stormwater Management of the City of Wichita falls Code of Ordinances. 6 Drainage easements shall be solely for the conveyance of stormwater and shall not be combined with utility easements and/or access easements without the approval of the Director of Public Works. 7. Maintenance of all drainage easements with the exception of stormwater detention facilities for non-residential properties shall be the responsibility of the Department of Public Works. � —• � • � � SECTION 2. 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 1st day of April, 2008. , �� MAYOR ATTEST: City Cler � f � ��' �� � . . . Affidavit of Publication THE STATE OF TEXAS #210709 COUNTY OF WICHITA ' ; � r� � ���� �°°� On this 7 day of April 2008 A D... '' 1l�.���!§R C� GE e _ rn p i�j`��A,�e�S� ���k� _ personally appeared before me, the undersigned authority �"°`�������� ��� � Kath Salan Sales Assistant for the Times Publishin p F�r� Iul U N I C I>PA � �_ g v�,� ELATING TO , Y � �Tja� °F Com an of Wichita Falls ublishers of the Wichita Falls ��D(2A��AGE ±°EASE- � � P Y � P �� E��'��; t F' =" D 1NG Times/Record News, a newspaper published at Wichita Falls in :,t��a.`�ESERMi(�t , ��T C� � S ; Wichita County, Texas, and upon being duly sworn by me, on �� I7,t��N WAS . ' � �O T�kE Y PUB �C AS ' oath states that the attached advertisement is a true and � e,r.�aw. correct copy of advertising published in One (1) issues hereof � on the following date: Apri16, 2008 r �(�C � Sales Assistant for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written: ��������nt�usri����i / — B �.��C�� .�'� 4,�� • . . • 1,�''�, �� P ���r� N � �J�. ,��}�' � F � '.�� �� � \`\: ��'' r7 - 20°� �`,\. ��'''����„ �a �,������`