Ord 2440 8/20/1968 ORDINANCE NO. g4L(L D
AN ORDINANCE SUPERSEDING SECTIONS 27-26, 27-27, 27-28, and 27-29 OF
THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, REQUIRING THE
CONSTRUCTION OF SIDEWALKS ON CERTAIN LOT OR LOTS ABUTTING ON A CITY
STREET, REQUIRING A PERMIT TO -CONSTRUCT SUCH SIDEWALK
WHEREAS, it is recognized that sidewalks are desirable in
urban areas for the safety and convenience of residents of such .
urban areas,
WHEREAS, the Board of Aldermen of the City of Wichita Falls,
Texas, has appointed a School Traffic Safety Committee for the purpose
of making studies and recommendations for the construction of sidewalks
on certain City streets for the protection and safety of school chil-
dren,
WHEREAS, construction of sidewalks has been required with the
issuance of new building permits since 1962 with certain exceptions,
WHEREAS, the City Engineer of the City of Wichita Falls, is
at this time, preparing plans and specifications for major street
construction under the 1967 Capital Improvements Program; and,
WHEREAS, the Board of Aldermen deems it advisable and in the
public interest to adopt certain policies requiring the construction
of sidewalks under improvements in the 1967 Capital Improvements Pro-
gram and .to modify existing ordinances requiring the construction of
sidewalks in order to obtain compatibility with the established policies.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS :
SECTION 1: , That it is hereby declared to be the policy of
the City of Wichita Falls, and that the City Engineer be so directed,
to construct sidewalks on all major arterial streets and all collector
streets programmed for reconstruction or widening in Capital Improve-
ment or budget programs. The City Engineer is hereby directed to
assess the full and total cost of all sidewalk so constructed abutting
private property, against the owner of that property in accordance with
existing statutes of the State of Texas.
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SECTION 2: That it is hereby declared to be the policy of
the City of Wichita Falls, and that the City Engineer be so directed,
to provide for the construction of sidewalks, drive approaches, and
curb and gutter with all street reconstruction accomplished by City
street forces in annual street reconstruction programs. The City
Engineer is directed to assess the cost of all sidewalks, drive approaches,
and curb and gutter so constructed abutting private property, against
the owner of said property in accordance with existing statutes of
the State of Texas.
SECTION 3: That it is hereby declared to be the policy of
the City of Wichita Falls, and that the City Engineer be so directed,
that sidewalks and drive approaches will not be included in the con-
struction of residential street paving under assessment paving programs.
The Board of Aldermen hereby expresses the opinion that since the majority
of the unpaved streets within the City of Wichita. Falls are located in
areas of lower income groups and that since the construction of pave-
ment and curb and gutter, is, in itself, sufficient burden for the
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abutting property owner to assume, sidewalks and drive approaches with
the construction of the original paving and curb and gutter would not
be constructed nor would be assessed against the abutting property
owner. This section, however, does not in any manner negate the require-
ment for sidewalk under Section 4 of this ordinance.
SECTION 4: Any person constructing a building or buildings
for any purpose on a lot or lots or remodeling a building when the cost
of such remodeling is equal to at least fifty percent (5070) of the value
of such building before remodeling as determined by the Building Inspec-
tor, shall comply with the following requirements:
a. Sidewalks shall be constructed on all major arterial
and collector streets, as determined by the major street plan of the City
of Wichita Falls, on which the lot or lots abut, regardless of the type
of construction or proposed use of the facility.
b. Sidewalks shall be constructed on any street, regard-
less of classification, designated as a "safe school route" for school
children by the School Traffic Safety Committee.
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c. Sidewalks shall be constructed on all streets, regard-
less of classification, with the construction of any building designed
and/or modified for use as a commercial and/or industrial establishment.
If the commercial and/or industrial building is to be constructed on a
corner lot,. sidewalks shall be constructed on all streets on which the
lot abuts. Commercial and/or industrial buildings constructed and/or
modified within an industrial district as defined in Section 4, Paragraph
f, of this ordinance, shall meet only the requirements Tor sidewalks as
contained in Section 4, Paragraph f.
d. Sidewalks shall be constructed with the proposed
construction and/or modification of all residential buildings to be
constructed or modified in a block where twenty-five percent (25%) or
more of the combined property front footage of that block has been
developed with sidewalks.
e. Sidewalks shall be constructed with the proposed
construction and/or modification of all residential buildings on any
block where seventy-five percent (75%) or more of the combined property
front footage remains to be developed at the time of issuance of the
building permit.
f. Commercial and/or industrial buildings constructed
and/or modified within an industrial district and which abut on an
interior street within the industrial district, shall not be required
to construct sidewalks abutting the interior street. An interior
street is defined as a street that lies wholly within the industrial
district and does not abut subdivided or unsubdivided property outside
of the industrial district. An interior street shall only provide for
circulation within the industrial district and does not provide for
access from adjacent areas. An industrial district must be greater
than one hundred and forty (140) acres and must be approved by the City
of Wichita Falls Planning Board. Activities within the industrial
district must be restricted by deed restrictions to activities that
fall within Code Classification 2 and 3 (manufacturing), Code 51
(wholesale trade), and Code 52 (retail trade-building materials, hard-
ware, and farm equipment) as defined in the Standard Land Use Coding
Manual, First Edition, January 1965, Bureau of Public Roads, Department
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of Commerce, Washington, D.C.
SECTION 5: Sidewalks shall be required in all new subdivisions
in which new street dedications are proposed within the plat of the sub-
division. Street construction plans submitted by the developer in ac-
cordance with the subdivision regulations of the City of Wichita Falls
shall indicate the desired location of the proposed sidewalks, either
adjacent to the curb or one foot on the street side of the property line.
Sidewalks constructed adjacent to the curb shall be a minimum of six (6)
feet in width and sidewalks constructed one foot on the street side of
the property line shall be a minimum of four (4) feet in width. Con-
struction of the sidewalks by the developer or by individual property
• owner.s shall be in accordance with Standard Specifications of the City
• of Wichita Falls and in accordance with the construction plans submitted
by the developer and on file in the Department of Public Works.
SECTION 6: Sidewalks shall be constructed one foot on the
street side of the property line and shall be a minimum of four (4)
feet in width unless otherwise established in accordance with Section 5
of this ordinance. All sidewalks constructed adjacent to the curb,
other than those sidewalks in new subdivisions as permitted in Section
5 of this ordinance, shall extend the full width between the property
line and the curb.
SECTION 7: Construction of sidewalks shall not be accomplished
until such time as a permit has been secured from the Department of Public
Works of the City of Wichita Falls. The Building Inspector shall not
issue a Certificate of Occupancy for any building, nor permit any
. utility connections except for temporary construction, until the require-
ments of this ordinance have been complied with.
SECTION 8: All ordinances, or portions thereof, in conflict
herewith are hereby repealed.
SECTION 9: The provisions of this ordinance shall be in-
cluded and incorporated in the Code of Ordinances of the City of Wichita
Falls, Texas, as an addition or amendment, thereto, and shall be appropri-
ately renumbered to conform to the uniform numbering system of the Code.
PASSED AND APPROVED THIS ,21Q DAY OF
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MAYOR
ATTEST:
CITY CL RK
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