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<br />3 <br /> <br />Section 3. <br /> <br />No building, awning, overhang, or other structure may be placed on, over, <br /> <br />or across the public utility easement described in Section 2 of this ordinance. Provided, <br /> <br /> <br />however, nothing in this paragraph shall prevent the right of the owner of said property to <br /> <br /> <br />landscape or otherwise use the surface of said public utility easements so long as such use <br /> <br /> <br />is not inconsistent with the rights of the City of La Porte as described in Section 2. The <br /> <br /> <br />City of La Porte shall not be obligated to restore or repair any such landscaping or other <br /> <br /> <br />improvements disturbed, damaged, or removed by the exercise of such public utility <br /> <br /> <br />rights and privileges described in Section 2. <br /> <br />Section 4. The public utility easements retained in Section 2 and the provisions and <br /> <br /> <br />restrictions contained in Sections 2 & 3 of this ordinance may be redefined by mutual <br /> <br /> <br />agreement between the property owner and the appropriate franchised utility and or the <br />City of La Porte. <br /> <br />Section 5. The City Council officially finds, determines, recites, and declares that a <br /> <br />sufficient written notice of the date, hour, place, and subject of this meeting of the City <br /> <br />Council was posted at a place convenient to the public at the City Hall of the City for the <br /> <br />time required by law preceding this meeting, as required by the Open Meetings Law, <br /> <br />Chapter 551, Texas Government Code; and that this meeting has been open to the public <br /> <br />as required by law at all times during which this ordinance and the subject matter thereof <br /> <br />has been discussed, considered, and formally acted upon. The City Council further <br /> <br />ratifies, approves, and confirms such written notice and the contents and posting thereof <br />