HomeMy WebLinkAboutOrdinance No. 2026-03 ORDINANCE NO. 2026-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, REPEALING CHAPTER 70 "STREETS, SIDEWALKS, AND OTHER
PUBLIC PLACES," ARTICLE III "CONSTRUCTION," SECTION 70-74 "DUTIES OF
ABUTTING PROPERTY OWNERS; FAILURE OF PROPERTY OWNERS TO HAVE
WORK DONE" AND SECTION 70-75 "ALTERING LINES OR GRADES WHEN
PUTTING DOWN PERMANENT STREET PAVEMENT" OF THE FRIENDSWOOD
CITY CODE IN THEIR ENTIRETIES TO ELIMINATE CERTAIN PROPERTY
OWNER RESPONSIBILITIES TO CONFORM THE FRIENDSWOOD CITY CODE TO
CURRENT PRACTICES;AMENDING CHAPTER 70 "STREETS, SIDEWALKS,AND
OTHER PUBLIC PLACES," ARTICLE III "CONSTRUCTION," SECTION 70-81
"EXTENDING INTO STREET" OF THE FRIENDSWOOD CITY CODE TO
DIFFERENTIATE BETWEEN THE PERMITTED HEIGHT OF PLANTS,TREES AND
BRANCHES IN AND OVER PUBLIC STREETS AND THOSE OVER PEDESTRIAN
AREAS WITHIN PUBLIC RIGHTS-OF-WAY;PROVIDING A MAXIMUM PENALTY
OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN
EFFECTIVE DATE.
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WHEREAS,certain provisions in the Friendswood City Code relating to abutting property owners'
duties pertaining to the altering,repair,and maintenance of public infrastructure in the public rights-of-way
are outdated or no longer consistent with current practices and standards of the City;and
WHEREAS, the City Council finds that repealing Sections 70-74 and 70-75 of the Friendswood
City Code in their entireties will promote clarity, eliminate unnecessary regulatory burdens on property
owners, and ensure that the Friendswood City Code reflects modern maintenance and public works
procedures administered directly by the City; and
WHEREAS, additionally, on August 5, 2024,the City Council enacted Ordinance No. 2024-22 to
increase the vertical clearance of vegetation overhanging sidewalks and roadways in the City to ensure that
such limbs do not interfere with pedestrian or traffic safety; and
WHEREAS, the City Council wishes to enact different standards for the vertical clearances over
streets and the vertical clearance over pedestrian areas; and
WHEREAS, the City Council finds that the clearances established herein are reasonable and
sufficient to protect the public from debris on the roadway, traffic delays and injuries when utilizing the
City's public rights-of-way;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF
TEXAS:
Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found
to be true and correct.
Section 2. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III
"Construction" of the Friendswood City Code is hereby amended by repealing Section 70-74 "Duties of
abutting property owners;failure of property owners to have work done" and Section 70-75 "Altering lines
or grades when putting down permanent street pavement" in their entireties.
Section 3. That Chapter 70 "Streets, Sidewalks, and Other Public Places," Article III
"Construction," Section 70-81 "Extending into street" of the Friendswood City Code is hereby amended to
read as follows:
CHAPTER 70. STREETS,SIDEWALKS,AND OTHER PUBLIC PLACES
ARTICLE III. CONSTRUCTION
Sec.70-81.Extending into right-of-way.
(a) No property owner shall permit the growth of any tree limb that extends from the property owner's
property into the street at an elevation lower than fifteen feet(15') above that portion of the street
used for vehicular travel.
(b) No property owner shall permit the growth of any tree limb that extends from the property owner's
property into the public right-of-way at an elevation lower than eight feet (8') above any area
between the edge of pavement or curbline to the property line.
Section 4. A violation of this ordinance is subject to the penalty provisions contained in
Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall
intentionally,knowingly, recklessly, or with criminal negligence fail to comply with any provision of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense.
Section 5. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 6. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this ordinance or the application of the same to any person or circumstance shall for
any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not
affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional;and the City Council of the City of Friendswood,Texas,declares
that it would have passed each and every part of the same notwithstanding the omission of any such part
thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 7. The City Secretary shall give notice of the enactment of this ordinance by promptly
publishing the caption of this ordinance after final passage in the official newspaper of the City.
Section 8. This ordinance shall take effect ten(10)days from and after its passage on second
reading by the City Council of the City of Friendswood,Texas,and its publication in the official newspaper
of the City.
INTRODUCED,READ,AND PASSED on first reading by the affirmative vote of the City Council
of the City of Friendswood this 1m day of December,2025.
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MI 4 FORE AN, Mayor
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ATTEST: O� RIENDSl2
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RA UE• IytARTINEZ, City Secre � �
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APPROVED AS TO FORM:
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KAREN L. HORNER, City Attorney
INTRODUCED, READ, AND PASSED on second and final reading by the affirmative vote of the
City Council of the City of Friendswood this 5th day of January, 2026.
J H ELLISOR, Mayor Pro Tern
ATTEST:
• FRIENDS
RAQU L A TINEZ, City Secretary U F.; ,� v ., p
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APPROVED AS TO FORM: 'is OF
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KAREN L. HORNER, City Attorney
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