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HomeMy WebLinkAboutOrd 1650 - street areas and other public places " v Ordinance No. 1650 AN ORDINANCE RELATING TO STREET AREAS AND OTHER PUBLIC PLACES; AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. (a) Chapter 19 of the Code of Ordinances of the City of West University Place, Texas is hereby amended as set out in Appendix A, which is attached and made a part of this ordinance. (b) The permit fee for work affecting new roadways under Chapter 19 is $100, plus the estimated out-of-pocket expenses that may be incurred by the City in connection with the work, including engineering review, extra inspections or testing, supplemental traffic control, etc. The building official shall estimate such expenses at the time of application and shall collect at least 110% of the estimate as a deposit. The building official may require a permittee to supplement the deposit as the work proceeds. When the wotkis finished, the building official shall refund any part of the deposit that exceeds the actual permit fees due in connection with thework. (c) The temporary regulation imposed by Section 3 of Ordinance No. 1626, adopted October 11, 1999, is extended through and including November 15, 2000. Exception: The temporary requirement for underground construction does not apply to new or reconstructed facilities relocated at the request of the City. (d) Appendix B, attached, is incorporated into this ordinance to describe "low impact standard street structures" which are approved in Chapter 19 of the Code. (e) The City is authorized to join the coalition of cities being formed to participate in Public Utility Commission proceedings involving the new Chapter 283, Texas Local Government Code (relating to telecommunications use of public rights of way). The City Manager and the City Attorney are authorized to represent the City. Section 2. Each provision of this Ordinance applies from and after its Effective Date, as specified in Section 6. Any violations committed before the Effective Date are governed by the ordinances in effect immediately before the Effective Date ("Prior Ordinances"). If permits (including similar approvals) are affected by this Ordinance, this Ordinance shall generally apply to and govern those applied-for on or after the applicable Effective Date. However, the Prior Ordinances shall apply to and govern any such permit (and the activities authorized by such a permit) if: (i) the application for the permit is completed and filed before the applicable Effective Date, with all plans, information, fees, etc., (ii) the permit is actually issued onthe basis of that application, and (iii) the permit is not allowed to expire, and is not terminated or revoked, thereafter (although it may be renewed or extended in the usual manner, if any, allowed for that type of permit). The Prior Ordinances are continued in effect for the purposes mentioned in this section. Section 3. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 4. 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 5. 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 1 r,- I, ,.,. TJr,iI II' 11'1 ',' H" 1'I',ltI .IIIIIII....-------T.------ - --------------'~fI'nff,fr,flrn..-'~n.r';n---- .,J and the contents and posting thereof. Section 6. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This Ordinance is accordingly passed as an emergency measure and shall take effect as follows: (i) The Effective Date of any fines, penalties or forfeitures under subsection "(a)" of Section 1 is the tenth day following publication, as provided in the City Charter, and (ii) the Effective Date of all other provisions is the date of passage and approval. PASSED AND APPROVED on Au L-A - :J'!I , iJo(')O Councilmembers Voting Ar-r Councilmembers Voting No: s~~:: Recommended:~ City Ma er b63:\54opave 2 I;L______ ____ _ .;_.....~J::::;:::!Jl _L___ ..ill::illl...o.i.-.... L _.illjL.......ill.liL~ Llill..!ll.lL.l...lUllllaI:. .--- ----'11rmmrnrr~~ -~--- -------,- Appendix A Amendments to Chapter 19, Code of Ordinances: Subchapter A. Iu General Sec. 19.101. Definitions. In this chapter: (1) (2) .. Street amenities" includes all the improvements or facilities mentioned in Section 316.002, Texas Transportation Code (e.g., trees, landscaping, sidewalk cafes, ornamental entrance markers for subdivisions, features of old buildings, transit shelters, drinking fountains, benches, other transportation amenities, etc.). "New roadwav" includes all roadways Cllrhs and P11ttp.r~ p.on<:frllrtp,,~ np", "r mglOt~Rti:iUy reconstructed but onlv ifthev were p.omplp.fpn aftp.r Tannary 1 19~O "Sunerior law" includes fp.np.ral ann "tatp.la",,, nllp" "nrl rpg:J,1ations tbat ll~~P: ~ limit the authority of the City (3) Sec. 19.102. Responsibility for maintenance. (a) In General; It shall be the responsibility of each person who owns property abutting a street area to maintain, repair and replace all of that area and all structures, trees and plants found there, except: (1) main-traveled, paved roadway areas (not driveways); (2) facilities and equipment erected by the City, the Metropolitan Transit Authority, other public agencies or utility companies; (3) City water, sewer or underground drainage facilities or equipment; or (4) any structure, tree or plant for which there is a clear indication that: (i) it was placed in the street area without the consent of the then-owner of the abutting property, and (ii) no subsequent owner has accepted it or claimed it. (b) Obtaining Permits, Etc. The abutting owner is responsible for obtaining all necessary permits and approvals for such maintenance, repair or replacements. Sec. 19.103. Procedures, defenses, etc. (a) Permit & License Procedures. The procedures prescribed by this Code for building permits generally (including issuance, revocation, suspension, transfer, etc.) shall also apply to permits and licenses under this Chapter. The Building Official may modify forms, etc., to conform to this Chapter. All actions of the Building Official, Police Chief or Public Works Director under this Chapter, and all applications for interpretations or variances, are subject to the authority of the Buildings & Standards Commission in the same manner as similar, building-related actions. (b) Emvlovees: City Activity. In any proceeding to enforce this section, it is an affirmative defense that, at the time of the offense, the person charged was an actual employee of, and acting under the direct supervision and control of: (i) a person holding all necessary licenses and permits; or (ll) the City. ( c) Compliance Required It shall be unlawful for any permittee or licensee to fail or refuse to comply with this Chapter (or the terms of a permit or license issued to that person) in connection with the work covered by the permit or license. (d) Interference, Etc. It shall be unlawful for any person to interfere with or obstruct any work authorized by the City in a street area, public easement or other public place. This subsection prohibits threats, coercion, duress and all other kinds of interference or obstruction, whether director indirect. (e) Intervretation & Enforcement. All City officials havimT the dnfv to intp.rnrp.t :mn p.nforrE' thi" rh"pt!;'r shall do so in harmony with superior law. If any provision of this Chanter clearlv conflicts with nr i~ p.1p.::Irly preempted bv. superior law. such City officials are authorized to annrove devilltion~ fi-om thi" rh>lptp.r to thp pvtpnt necessary to avoid such conflict or preemption and achieve harmonY with slmerior law Tn a II othp.r ~>l<:A<: thE' R~r is authorized to approve such deyiations. ifnecessarv to avoid conflict or preemntion and achieve hannonv ~ superior law. In addition to---or in lieu of---applving to the BSC an interested ~av annlv ta..1he..rity rOllnril for an amendment to this Chapter that would achieve harmonv with sunerior law. Anv interested nerson may comply with a provision of this Chapter "under protest," without preiudiceto its right to claim that the narticlIlar 1 1111I 1]rl!l~ ~ i 11:1 .1IU:i:11 r Idflllli ,1iII1111r- 1I11illllinlrlr:lrIil-' provision is in conflict with. or preemoted bv. sunerior law F:xamnlp.' The m"r!':nn mig}1t t'nmply:witl:l..a ~ requirement ''under protest" and later ask the BSC to rule that the reauirement is nnt ~nn1i~~hlp. Subchapter B. Work In Street Areas, Etc. Sec. 19.201. Permits, ~ (a) Permit Required. Within, over or under any street area, public. easement or other public place, it shall be unlawful for any person to construct, create, maintain, alter, repair or reconstruct: (1) any structure (including, for example, a sidewalk, driveway, fence, wall, planter box, curb, gutter, pavement, utility facility, fIre hydrant, pole, watering system, wire, conduit, box, lighting facility or any other structure), (2) any hedge, (3) any excavation affectinl! a ~ roadway (4) anv other excavation greater than eight cubic feet, (5) any pile or stack of bricks, earth, lumber or other materials, (6) any street amenity, or (7) any similar thing or condition that would be an obstruction or impediment, unless a permit covering such work has been issued by the Building Official and is in effect. (b) Street Amenities. The Building Official shall not issue a permit for a street amenity unless the Building Official or the City Manager makes the fmdings required by Section 316.003,. Texas Transportation Code. Each such official is independently designated to make such findings. Street amenities mentioned in subdivisions (1) and (5) of Section 2 of that statute may also be established and maintained with City funds, materials, equipment and personnel, if approved by the City Council and if the required findings are made. ( c) Financial Security Required. The Building Official shall not issue a permit for any work affecting a structure in a street area, public easement or other public place, unless the permittee provides financial security as required by this section. Exceptions: no fmancial security is required for: (1) minor repairs such as leveling small areas (less than four square feet), sealing, fIlling cracks or re-affixing loose pieces, Wli~ffectin!T ~nv IJ..f:3llL rn~clw~y (2) work done under a contract with the City, (3) small excavations (less than 27 cubic feet) which are immediately fIlled and. ""hid, r1n nnt affect any new roadwav. (4) work done on small structures which are for private use and are neither paid for nor maintained by the City, (5) work done by a franchisee's employees pursuant to a franchise ordinance which does not allow the City to require such financial security and.~d.aes..uot..affect.~n.ew-rQ:ilgma'/, !lL (6) work that has no effect. or onlv a minimal effect nn pnhli~ ~rp.~" nr nthPT dM1"hlr"'~ n,g.t.. owned by the permittee. as determined bv ~Pllhlic Wnrks nirp.~tnr (d) Type Of Financial Security. Financial security must be a surety bond or a deposit of cash (or cash equivalent) in the amOlint prescribed below QUI Q.OQQ (er :i!..~amOlmt Qrderl'lQ ~tlw. Rn;lrl;ng nffi,,;~ 1, 1.,,+ l1Qt. to il~(Geed the estimated eost of~~and in a form approved by the Building Official. Thp. ~mnnnt ni'fin~udal security shall be at least the construction cost of restorinp hoth thE'> !':trE'>P.t ~rp.~ ~ncl ~ny ~i'i'Pl'tPrI "tTI1"hl~~ llQt ou~~g by the permittee, plus 25% for design. contingencies. insoections testing etc all ~s E'>stim~tE'>cl ~thp. Rllilrlinj;l; Official. However. the minimum amount offmancial security is $50 000 for work ~ffe~ting ~ny np.w rmul",,,y. Qr $10.000 for other work. The conditions of the bond or deposit shall be that the permittee will: (i) perform the work in accordance with the applicable sections of this Code and other ordinances ofthe City, (ii) comply with plans and specifIcations established by the City, (Hi) defend. and indemnify the City and its officers, agents and employees from and against all losses, damages and liability arising out of or relating to any negligence on the part of the permittee or its subcontractors, including any losses, damages or liability arising out of or relating to any joint or concurrent negligence of the City, and (iv) repair, replace and restore any and all defects in, or damages to, the work discovered within one year from and after the date that the work is officially accepted by the Building Official, which defects result from, arise out of or relate to any defects in materials furnished by, or workmanship of, the permittee. ( e) Presumption Of Maintaining. When a structure, hedge, excavation or other obstruction or impediment is: (i) located within, over or under a street area, public easement or other public place, and (ii) has no obvious 2 l~ ,.. -;JT 1:1:;1:;- i I 11I11 Hlil iE 11 "IlL:i!I! 11110.... - -=1TiiIlirriiTli"1Tii;l'rc---------- public or utility use, it is presumed to be maintained by each person who controls the closest abutting area. (f) Franchisees. In any proceeding to enforce this section, it is an affIrmative defense that, at the time ofthe offense: (i) the person charged was engaged in work authorized under a City franchise ordinance, (ii) notice of the work was given to the Public Works Director in advance, (iii) the work had no effect, or only a minimal effect, on public areas or facilities, as determined by the Public Works Director, (iv) there was complete compliance with applicable regulations, specifIcations and procedures, as promulgated by the Public Works Director. (g) Emerflencv action. In anv proceeding to enforce this section it is an affirmativp. rlp.fen"e tl.M <It tl.p tiTnp of the offense: en the person charged was engaged in work urgentlv necessary j;Q resnond to an emeruenry <Inri protect the health or safety of the public. and (in full compliance with this (;hantp.r (notiC'.e" fin<lnC'.i<ll "Pl'llrity, phnu. specifIcations, permits, etc.) was achieved as soon as reasonably possible after the beginning ofthe emenrenC'.v (h) Protection of new roadways. It shall be unlawful for anv person to excavate cut thromrh rle"troy or damage a new roadwav without a special permit to do so siQl1ed ~ the Puhlic Worlo:: Diredor Th", Pllhlil' 'VQrb Director may only sign such permits upon a showing of: (i) extreme need and {in no fp.llsihle llltern<ltive tn thp ",nrlr that affects the new roadwav. In all cases, the new roadway must be restored to equal or better anpearance and structnrlll conrlition For this purpose, patching or piecemeal restoration is not allowed. Instead all ~ tD.Wi1 hflPin Anrl enrl <It lng;k.. 1 11n",,, nf' demarcation established bY ~ Public Works Director (1vnicAllv these Hnes \IWll1d he <llnng prp_pvi,,1:W.~ construction ioints). In addition. all work to restore new roadwavs must complv 1riib. the Sllmp. shmrl<lrrl" <Inri procedures observed Qy the City for new construction. inducting but nm liIni1ed. to nrp.nllrAtion afpl<ln<: <Inri specifications by a registered professional engineer. full-time_inspection bv an emplovee or apent of the fmgineer daily reports to the Public Works Director. tree protection access protection traffic control IAh tP'"t" nf l'nnl'rptp <lnrl similar items. certification bv a registered professional engineer thatthe work is comnlp.terl in AC'.C'.nrrl<lnl'P ",it], (';~T approved plans and specifications; etc. Sec. 19.202. Specifications, etc. (a) Application. This section applies to all work for which a permit is required by this subchapter. (b) Standard Plans & Specifications; Grades. The Public Works Director or the Building Official may establish: (i) standard plans and specifications for sidewalks, driveways, curbs, gutters and other structures and (ii) the grade, elevation and other special features for a particular structure. Any plans, specifIcations, grades and elevations shall reflect: (i) recognized public works design principles, and (ii) legal requirements, including access for persons with disabilities. (c) Compliance Required Each permittee shall cause the work to comply with: (i) all applicable standard plans and specifIcations for the type of work authorized, with only those exceptions granted by the Building Official in writing, (ii) any grade, elevation or special feature mentioned in or attached to the permit, and (iii) all applicable provisions of this Chapter and Chapter 6 of this Code. (d) Exceptions From Standards. For good cause shown, the Building Official may issue a permit with exceptions to standard plans and specifications, subiect to the special rules. above for ~ roadwavs Unless the permit clearly indicates otherwise, the City shall not be responsible for repairing or replacing any non-standard items, and the City may require the abutting owner to pay the cost of any such repair or replacement, regardless of whether the work is made necessary by the City. As a condition to a permit with exceptions, the Building Official may require the abutting owner to record an appropriate notice in the real property records. ( e) Standard Procedures. Each permittee shall, in accordance with standard procedures set by the Building Official: (i) notify the Building Official before the beginning of each phase of the work, (ii) provide adequate opportunity for the Building Official to examine the work immediately before any concrete is poured and immediately before any part of the work is otherwise covered up, (iii) cause the work to be done in a good ahd workmanlike manner by trained and skilled persons, (iv) minimize disruption and inconvenience to other users of the same public areas, (v) remove, reconstruct and correct any work that does not comply with this section, (vi) clean and restore the affected areas and (vii) properly dispose of all debris, trash, rubbish, etc. (D Standard street structures (PWSF's). The standard desilm of a streetlil!ht and a 1':treet stmC'.tllre AS sP.t ont in Appendix B of Ordinance No. 1650. adopted Julv 24. 2000. is formallv adoDted maDProved fm:.i.wm.llSf.. ~ PWSF. as authorized 12Y-the PWSF Schedule oftkZoning Ordinance 3 L__._~____.______. ~ l~ r - T1r"I-_~J 11 :1 !II '1- ,'- II r III ~,LI: I IIIR.~...-'---I--------" -----c:f"l1'mnrr~irl !"~'f!'r':""-- - Appendix B "' Appendix B, Page B-1 L_____~~~. Append.ix B _'~i~.':).~-"''''':~ "": . ;" ~'.::- - ,., -~ ~ . -~- "'-=-- ~~=<<> / ~:/- Appendix B, Page B-2 T,'" " u_~._~_A.pp_e n d i x B RICOCHET DATA AND STATISTICS GENERAL INFORMATION Spreding Techniqse: Hopping Techniqlle: Typ. System Transmission nme: EffectifJe System Bad RAte: Modem COJn71l41Jd Set: Protocols SlIJ1PIWfetl: Regu/atDry ComplUmce: RICOCHET RF SPECIFICATIONS Operating Freqrumcy Ranges: Nwnber of CbannJs: Channel Spacing: 7jrp. RP DIIt4 R4tc 7jrp. 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