2006-04-24 Regular Meeting, Public Hearing and Workshop Meeting

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Ordinance No. 2006-4 ggz 4 access area so long as such relocated access area provides mutually agreeable access to such lift station site; waterline; and sewer line. In the event of the relocation of such access area, the City of La Porte and such owner shall execute an instrument in recordable form which refers to this Ordinance and defines the relocated area for such access right. If the access area is gated or access thereto is otherwise restricted by the owner of the property affected by such access right, such owner shall arrange for personnel of the City of La Porte to have a key, card, or other device to permit entry onto the access area for the purpose of ingress and egress to such lift station site, waterline; and sewer line. At such time that the lift station, waterline; or sewer line ceases to operate, the access right to the facility which has ceased to operate shall terminate and, upon request, the City of La Porte shall execute an instrument in recordable form evidencing the termination thereof. Section 5. No building, awning, overhang, paving (except for existing pavement within the easement, and replacement and restoration thereoi), landscaping or other structure may be placed on, over, or across the public utility easement described in Section 2 of this ordinance. Provided, however, nothing in this paragraph shall prevent the right of the owner of said property to otherwise use the surface of said public utility easements so long as such use is not inconsistent with the rights of the City of La Porte as described in Section 2 of this ordinance. Section 6. The public utility easements retained in Section 2 and the provisions and restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual agreement between the property and the City of La Porte.