Ord 098-2000 9/19/2000ORDINANCE NO.C1F=�-�{
ORDINANCE AMENDING SECTION 27 -29 AND 27 -30 OF THE
MUNICIPAL CODE OF ORDINANCES REGARDING SIDEWALKS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, there has been determined a need to amend the Street and
Sidewalk Ordinance regarding the construction of sidewalks; and
WHEREAS, it is the desire of the City Council to provide a methodology for the
escrowing of funds in lieu of sidewalk construction on existing right -of -ways in certain
situations; and
WHEREAS, the City Council desires that this escrow amount be held in
perpetuity, or until such sidewalks are installed by either the property owner or the City
using such funds.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 27 -29 and Section 27 -30 of the Municipal Code of
Ordinances be modified as indicated. The text shown as a strikeout shall be deleted,
and text shown in bold type shall be added and is shown in bold for emphasis.
Sec. 27 -29. Sidewalk requirements when constructing or remodeling buildings.
Any person constructing any improvements for any
purpose on a lot or lots or remodeling a Wildipq an improvement when the cost of
such remodeling is equal to at least fifty per cent (50 %) of the value of such bwildipq
improvement before remodeling as determined by the WildiAg iArpaGtQ tax
appraised value, shall comply with the following requirements:
(a) Sidewalks shall be constructed on all s;afQF arterial and collector streets, as
determined by the thoroughfare 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, regardless of classification,
designated as a "safe school route" for schoolchildren by the ssheel traffic safety
committee.
(c) Sidewalks shall be constructed on all streets, regardless of classification, with
the construction of any Wildipq improvements designed and /or modified for use
as a commercial and /or industrial establishment. If the commercial and /or
industrial bwmld*i;g improvement is to be constructed on a corner lot, sidewalks
shall be constructed on all streets on which the lot abuts. Commercial and /or
industrial Wild+i;9s improvements constructed and /or modified within an
industrial district as defined in subsection (f) of this section, shall meet only the
requirements for sidewalks as contained in subsection (f).
(d) Sidewalks shall be constructed with the proposed construction and /or
modification of all residential Wildip9r, improvements 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. . For
purpose of this paragraph, a block shall be the area between public street
intersections.
& RR'
7 "-,, I ---
(e) (4) Commercial and /or industrial bwoldiAgg improvements 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 Planning and
Zoning Commission. Activities within the industrial district must be xestpisted -lay
limited to activities that fall within code classifications 2 and 3
(manufacturing), code 51 (wholesale trade), and code 52 (retail trade[,] building
materials, hardware, and farm equipment) as defined in the Standard Land Use
Coding Manual, First Edition, January 1965, Bureau of Public Roads,
Department.
(f) (g} ,
If the owner desires not to install sidewalks on existing right -of -ways, as
required in the above paragraphs, a cash deposit may be escrowed with
the City to guarantee such construction, to be held in perpetuity, or until
such sidewalks are installed to municipal standards. Such deposits may
be used by the City to install the sidewalks at any time. The amount of the
cash deposit shall be set by resolution of the City Council and shall be
periodically updated to reflect current costs.
(Ord, No. 1987, § 5, 6- 18 -62; Ord. No. 2332, § 4, 5- 22 -67; Ord, No. 2440, § 4, 8- 20 -68;
Ord. No. 06 -2000, § 1, 1 -4 -2000) Cross reference - Building permits generally, Ch. 7, Art. II.
Sec. 27 -30. Sidewalk requirements in new subdivisions.
(a) Sidewalks shall be required in all new subdivisions in which new street
dedications are proposed within the plat of the subdivision. The sidewalk shall
be obstruction free and not less than four (4) feet in width. Sidewalks shall be
constructed within the street right -of -way with the edge of the sidewalk one (1)
foot from and parallel to the right -of -way. Construction of the sidewalks by the
developer or by individual property owners shall be in accordance with standard
specifications of the City of Wichita Falls. An alternate location within the street
right -of -way may be approved by the director of public works in cases of existing
obstructions, unique subdivision design or where necessary to be compatible
with existing sidewalks or under special conditions when the specified location is
technically unfeasible.
(Ord. No. 2440, § 5, 8- 20 -68; Ord. No. 2779, 3- 20 -73; Ord. No. 3105, 8 -3 -76; Ord. No.
102 -94, § 1, 8 -2 -94)
(b) If the owner desires not to install sidewalks on exterior streets, a cash
deposit may be escrowed with the City to guarantee such construction, to
be held in perpetuity, or until such sidewalks are installed to municipal
standards. Such deposits may be used by the City to install the sidewalks
at any time. The amount of the cash deposit shall be set by resolution of
the City Council and shall be periodically updated to reflect current costs.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 19th day of September 2000.
AYOR
ATTEST:
('I) UOUJ
City Clerk