§ 33-217. Right-of-way encroachment.

(a)

No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided by this section.

(b)

A backflow prevention assembly required by this article may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.

(c)

Any assembly or portion of an assembly which extends aboveground shall be located no closer than twenty-four (24) inches to the back of the curb.

(d)

A property owner shall, at the request of the city and at the owner's sole expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way when such relocation is necessary for street or utility construction or repairs or for purposes of public safety.

(e)

All of Waxahachie's codes and/or ordinances relevant to easement issues will be recognized by and incorporated into this article.

(Ord. No. 2047, § 10, 8-21-00)