HomeMy WebLinkAboutResolution No. 2015-26 RESOLUTION NO.R2015-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, DECLARING
ENCROACHMENTS WITHIN THE WHISPERING PINES
AVENUE RIGHT OF WAY TO BE A NUISANCE PER SE
AND DIRECTING CITY STAFF TO TAKE ACTION TO
SUMMARILY ABATE SUCH ENCROACHMENTS.
WHEREAS, the City of Friendswood, Texas (the "City") is an incorporated home-rule
municipality, chartered under the Home-Rule Amendment, Texas Constitution, Article II,
Section 5, and is vested with the authority to regulate and control the use of its streets and rights-
of-way, and;
WHEREAS, pursuant to Section 311.001(a) of the Texas Transportation Code, a home-
rule municipality has exclusive control over and under the public highways, streets, and alleys of
the municipality and may, among other things, control, regulate, or remove an encroachment or
obstruction on a public street or alley of the municipality, and;
WHEREAS, Texas courts have consistently held that a home-rule municipality has the
authority and affirmative duty to abate any permanent obstruction or encroachment on its streets
and rights-of-way, and;
WHEREAS, Section 2.04 of the City's Charter provides, in pertinent part, that the City
has exclusive dominion, control and jurisdiction in, upon, over and under the public streets
within the corporate limits of the City, and with respect to such streets has the power to abate and
remove in a summary manner any encroachment thereon, and:
WHEREAS, Texas courts have further consistently held that a home-rule municipality
may cause the removal of any encroachments upon its public streets either through legal action
or by summary abatement and removal, including instances where such encroachments do not
otherwise impede vehicular traffic but are constructed within a dedicated right of way and
constitute a"nuisance per se," and;
WHEREAS, Section 217.042 of the Texas Local Government Code enables a home-rule
municipality to define and prohibit any nuisance within the limits of the municipality and to
enforce all ordinances necessary to prevent and summarily abate and remove a nuisance, and;
WHEREAS, Sections 70-183 and 70-189 of the Code of Ordinances of the City, in
conjunction, require any person having facilities within a public right-of-way to remove such
facilities from the right-of-way, without cost to the City, if reasonably necessary, as determined
by City Council, to abate a condition actually or potentially dangerous to public health or safety,
- -- and;
WHEREAS, the City has undertaken a public works project consisting of the widening
and improvement of Whispering Pines Avenue/Friendswood Link Road, a portion of which
project lies immediately adjacent to the Timberfield Estates subdivision, and;
WHEREAS, in the course of developing engineering and survey drawings for the
aforementioned project, the City has determined that certain ornamental brick columns have
previously been constructed by third parties within the Whispering Pines Avenue right-of-way at
its intersections with Arbre Lane and Verdun Lane, without the City's consent, and;
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WHEREAS, the City's project engineer has determined that the continued existence of
such brick columns within the City's right-of-way constitutes a line-of-sight impediment for
motorists attempting to navigate entry on to Whispering Pines Avenue from both Arbre Lane and
Verdun Lane and, thus, pose a significant continuing risk to public health and safety unless
immediately removed, and;
WHEREAS, despite numerous efforts expended by the City to secure voluntary removal
or relocation of such brick columns by the parties responsible for their construction and/or
maintenance, the City has to date been unsuccessful in such efforts, thus necessitating action by
City Council in the form of this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. The facts and opinions in the recitations of this Resolution are true and
correct and determined by the City Council of the City of Friendswood, Texas, to constitute its
findings as they pertain to the subject matter described herein.
Section 2. The City Council of the City of Friendswood, Texas hereby declares the
existence of ornamental brick columns within the Whispering Pines Avenue right-of-way at its
intersections with Arbre Lane and Verdun Lane to constitute a nuisance per se and detrimental to
the public health and safety of its citizens and all other users of its rights-of-way.
Section 3. The City Council of the City of Friendswood, Texas hereby directs that
City staff shall immediately take any and all actions deemed necessary to reasonably but
summarily reduce the height of the aforementioned brick columns from their current height to a
height not exceeding three (3) feet and remove the sections of wrought iron fencing connecting
the reduced height columns to the second-most columns.
Section 4. The City Council further directs that the reduced-height brick columns
may remain within the City's right-of-way pending the execution of license agreement
acceptable to the City, provided such license agreement shall be executed by the Homeowners
Association of Timberfreld Estates not later than January 21, 2016. Upon execution and delivery
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of such license agreement,the City shall bear the cost of fabricating and connecting wrought iron
sections to complement the reduced-height brick columns.
Section 5. The City Council further directs that in the event a satisfactory license
agreement shall not be executed and delivered to the City on or before January 21, 2016, then in
that event City staff shall immediately take any and all actions deemed necessary to reasonably
but summarily abate and remove the reduced-height brick columns and all adjoining wrought
iron sections.
Section 6. All resolutions or parts of resolutions inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
PASSED, APPROVED,AND ADOPTED this the 7°i day of December,2015.
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Kevin M. Hollan'o'
Mayor A
ATTEST:
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Melinda Welsh, TRMC : O
City Secretary • U ;p
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