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Ord. 0961 04-10-01 ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEAR, LAND, TEXAS, WAIVING THE ENCROACHMENT OF DECORATIVE WALK BRIDGES INTO THE CITY'S RIGHT-OF-WAY AND/OR` WATER/SEWER EASEMENT, IN THE CITY OF PEARLAND, BRAZOR,IA, FORT BEND, AND HARR,IS COUNTIES, TEXAS. WHEREAS, some residents of Pearland who have ditches in their front yards desire to erect decorative bridges across said ditches to improve access to and enhance the beauty of their property; and WHEREAS, the placing of said bridges in said ditches would, absent a waiver from the City, constitute an illegal encroachment upon the City's real property interests; and WHEREAS, a procedure is needed to efficiently grant such waivers of encroachment with a minimum of paperwork and without presenting each request to the City Council; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City of Pearland hereby waives the encroachmenl of the decorative walk bridges into the City's right-of-way and/or water/sewer easement located in the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, upon the completion of the following requirements: (1) The record owner of the property on which the bridge is to be placed shall apply for the waiver by submitting to the City Engineer for his approval a description and drawing of the bridge and its proposed location. (2) The applicant shall execute the Protective Covenants provided by the City. ORDINANCE NO. 961 Section 2. This waiver is effective only to the extent of the encroachment generally described and depicted in the description and drawing of the bridge submitted to and approved by the City Engineer. Section 3. This waiver is further effective only upon the execution ofthe Protective Covenants required in Section 1, and shall terminate when the bridge is moved, except temporarily to perform maintenance on the bridge, right-of-way, or water/sewer easement, or ceases to exist. PASSED and APPROVED ON FIRST READING this the 27th day of March , A. D., 2000. TOM REID MAYOR ATTEST: ,, ~ ¢ITY S~RETAR)¢' ' PASSED and APPROVED ON SECOND AND FINAL READING this the 10th day of April , A. D., 2000. TOM REID MAYOR 2 ORDINANCE NO. 961 ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3