HomeMy WebLinkAboutOrd 1642 - sidewalks
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ORDINANCE NO. 1642
AN ORDINANCE RELATING TO SIDEWALKS; AMENDING THE CODE
OF ORDINANCES OF, THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Section 6.411 (relating to curbs, gutters and sidewalks) of the Code
of Ordinances of the City of West University Place is hereby amended as indicated in
Exhibit A, which is attached and made a part of this ordinance.
Section 2. All ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and'that each such meeting
has been open to the public as required by law at all times during such discussion,
consideration and action. The City Council ratifies, approves. and confirms such notices
and the contents and posting thereof. The City Council officially finds, determines and
declares that sufficient notices of the joint public hearing were given, and the City
Council ratifies, approves and confirms such notices, including the contents and the
method in which they were given.
Section 5. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this :l Z day of
,2000.
Councilmembers Voting Aye:
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Councilmembers Voting No:
Councilmembers Absent:
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PASSED AND APPROVED ON SECOND READING, this /tI~y of ~
,2000.
Councilmembers Voting Aye:
Councilmembers Voting No:
Council members Absent:
Sig~l~, "~ /
Ma or
Attest:
(Seal)
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City Attorney
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Exhibit A
(First Reading Version, But Retaining ub5" Curb or Gutter Exception
And Adding 10% Test For Remodeling)
Amendment to Chapter 6
of the Code of Ordinances
relating to sidewalks:
Sec. 6.411. Curbs, gutters, sidewalks.
(a) Required for major development, remodeling. It shall be the duty of each permittee
for any major development or any major remodeling to:
(1) provide new sidewalks along all streets abutting the building site (front,
side and rear), includin~ streets outsirie the: ~itv limit~: and
(2) replace or repair all previously existing curbs and gutters along streets
abutting the building site (front sine: ~nn re:~r) (in('hldhUl ~:tr.eetg oytsia@
the city limits). so that, if practicable, such facilities will function like new
facilities and will appear to be sound.
(b) Exceptions.
(1) No sidewalk is required along the rear of a site ~ontl'lining l'It l~~~t 5,000
sQuare feet and used for sin171e:-f~milv (nptl'l{'hprl) 1;e~ideutial PYfPos@s, if
the rear lies along a major thoroughfare, and there are no existing
sidewalks along the same side of the major thoroughfare within 50 feet of
the site in question.
(2) If there is any existing sidewalk which can be preserved or repaired so that
it will function as a new facility and will appear to be sound, the Building
Official may allow it to be used instead of new construction, provided that
repair specifications prescribed by the Public Works Director and all
other applicable regulations are followed in connection with any repairs.
(3) Na sidewalk is reql:Hred along a giveR bloek f(lee fer a SHe eentamme: at
least 5.000 square feet and used for sinde family (detaehed) residential
IlUi'''0s@salon~ a gi~'81'1 ~m~ I1hntting n ,,;+~, a', 1-.n+""n tftg pwisa sf
eonstruetion. there V,\'ll'l 1'1W,p.r 111'1 p,~rir;:ti~g ,,;,.:lnmnll,;~ +1-.'j'[1liU,ilil'i: 1?lslilkfalil8
as the site (on tl=1,e same !'lids of th~ !':t:r.p,~) In.Jhe: ~llQP of ~ maiot-
remodelinl!. any required sidewalk mav he omitte:n ifit~ fl'lir m~rket :wh1e-
would exceed 1 0% of the f~ir m~rke:t V~ Inp of thp oth~r r.ewQdelillQ ~NGrk.
(4) A sidewalk, curb or gutter is not required if the Public Works Director
determines it would cause a drainage problem or similar condition.
(5) A sid0'NaJk. curb or gutter is not required if the Public Works Director
determines that an official City plan calls for installation, removal or
reconstruction of the particular facility within five years.
(6) The foregoing exceptions do not limit the authority ofthe City Council to
require sidewalks under Chapter 19 or other applicable regulations.
(c) Permit details, The building permit application for each major development or
major remodeling must clearly illustrate the work necessary to comply with this section, and all
required work on sidewalks, curbs and gutters must be completed within the time allowed for
completion of the major development or major remodeling.
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