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Ord 007-2003 2/4/2003ORDINANCE NO. q -,-IC,--�"S ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 94, STREETS, SIDEWALKS AND OTHER PLACES, ARTICLE II, CONSTRUCTION, ALTERATION AND REPAIR OF STREETS, SIDEWALKS, CURBS, DRIVEWAYS, AT DIVISION 4, SIDEWALKS, PROVIDING FOR INCLUSION IN THE CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, a committee made up of three Council members and staff have recommended that the Code of Ordinances regarding sidewalks be amended; and WHEREAS, the City Council concurs with the recommendations of this committee and finds that the amendments proposed are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Section 94 -126 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -126. Intent. Sidewalks are intended to provide for safe pedestrian movement. " SECTION 2. Section 94 -127 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -127. Requirements for sidewalks. Any person constructing any improvements for any purpose on a lot or remodeling any improvement when the cost of such remodeling is equal to at least 50 percent of the value of such improvement before remodeling, as determined by the tax appraised value, shall comply with the following: a. Sidewalks shall be constructed on all streets on which the lot abuts, regardless of the type of construction or proposed use of the facility unless otherwise exempted herein. b. Sidewalks shall be constructed on any street, regardless of classification, designated as a "safe school route" for schoolchildren by the traffic safety commission. b. Sidewalks shall be constructed on any street, regardless of classification, designated as a "safe school route" for schoolchildren by the traffic safety commission. C. Sidewalks shall be constructed on all streets, regardless of classification, with the construction of any improvements designed and /or modified for use as a commercial and /or industrial establishment unless otherwise provided herein. If the commercial and /or industrial 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 improvements constructed and /or modified within an area - zoned industrial shall meet the requirements for sidewalks as contained herein. d. Sidewalks shall be required in all new subdivisions in which new street dedications are proposed within the plat of the subdivision, and along boundary streets as required. e. Any lot that is considered unbuildable to place a structure upon due to topography, or where there is a requirement for storm water detention /retention facilities or similar such requirement, or where there is proposed an entryway, park or similar situation, shall have sidewalks installed at the initial phase of development according to provisions herein. f. Where a property owner has acquired an adjacent lot within a platted subdivision and has no intent to improve the lot, said property owner shall be required to install sidewalks on such lot within one year, subject to the provisions herein." SECTION 3. Section 94 -128 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "94 -128. Sidewalk construction and location. a. The sidewalk shall have an obstruction -free width of not less than four feet. Where mailboxes, utility poles, streetlights or other obstacles exist, additional width shall be provided to ensure a minimum of a three -foot width for barrier -free access. b. Sidewalks shall be constructed within the street right -of -way with the edge of the sidewalk one foot from and parallel to the right -of -way. The Director of Public Works may approve an alternate location within the street right -of -way when there exist obstructions, there is a unique subdivision design, where it is necessary to be compatible with existing sidewalks, or under special conditions when the specified location is technically unfeasible. C. Construction of the sidewalks by the developer or by individual property owners shall be in accordance with standard city specifications." SECTION 4. Section 94 -129 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -129. Exceptions to sidewalk requirements: a. Sidewalks shall not be required for blocks where 75 percent or more of the combined developed property front footage, including the proposed property front footage, on that side of the block have no sidewalks. This shall not include new subdivisions. b. Sidewalks shall not be required if the street or road is not classed as a collector street or have a higher classification, according to the Thoroughfare Plan, and where such street does not have curbs and gutters, nor are there long -range plans for the improvement of the street or road by any government agency. C. Sidewalks shall not be required where the lot frontage is a minimum of 200 feet, and the lot, tract or parcel is a minimum of two acres. If the lot, tract or parcel is subdivided to allow smaller lots, there shall be installed sidewalks along all frontages that are included in the subdivision and along boundary streets as applicable. This requirement shall apply even if only a portion of the lot frontages following a replatting are less than the minimum allowed. d. Sidewalks shall not be required if exempted or prohibited on rights -of -way owned or under the control of other government entities. e. Sidewalks shall not be required if jointly determined by the Department of Community Development and Department of Public Works that the installation of sidewalks is technically unfeasible or will not serve the intent of this provision. f. Sidewalks shall not be required for new construction or modifications to a commercial and /or industrial improvement within an area zoned industrial, and which abuts on an interior industrial street within an area zoned and used as an industrial district. For the purpose of this provision, an interior industrial 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." SECTION 5. Section 94 -130 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -130. Escrow in lieu of construction. If the owner desires not to install sidewalks on existing rights -of -way, as required in this provision, 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 shall 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 6. Section 94 -131 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -131. Liability of property owner for defective sidewalks. The abutting property owner or person enjoying the use of any property abutting on a sidewalk or curb that has become defective and resulted in causing damage or injury due to such defective condition, shall be primarily liable in damages for any loss or damage sustained as a result of such defective condition." SECTION 7. Section 94 -132 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby amended to read as follows: "Sec. 94 -132. Duty of abutting property owner to repair defective sidewalks. Any sidewalk, parkway, driveway or curb that has become defective and unsafe and hazardous is declared a nuisance. It shall be the duty of the owner of property abutting on any street, avenue, public alley, place or square or section or part thereof along which sidewalks, curbs, or driveways are ordered to be reconstructed or repaired, within 30 days from the receiving of notice as provided for herein, to reconstruct or repair such sidewalks, curbs or driveways in accordance with the standard specifications providing for the construction of sidewalks, curbs or driveways. Such expense shall be borne by the abutting property owner. The failure of any owner or agent of any owner to reconstruct or repair any such sidewalk, curb, or driveway ordered to be reconstructed or repaired by the director of public works shall be guilty of a misdemeanor and shall be subject to a fine upon conviction as provided for in section 1 -14." SECTION 8. Section 94 -133 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, is hereby added to read as follows: A notice signed by the Director of Public Works, which notice may be served by any person designated by the Department of Community Development or Department of Public Works to serve the notice or which notice may be served by mailing by certified mail, return receipt requested, shall be deemed sufficient to accomplish the notification purpose herein. The notice shall state that the damage to the sidewalk presents a hazardous condition for which the property owner is liable to correct according to City standards, and as required under this subsection. Such notice shall also state a time period to correct the defect and set the penalty for violation at $200 per day; each day the correction is not made past the designated period shall be a separate offense. Additional time may be granted by the Department of Public Works upon showing just cause." SECTION 9. Sections 94 -134 through 94 -160 of Chapter 94, Streets, Sidewalks and Other Places, Article II, Construction, Alteration and Repair of Streets, Sidewalks, Curbs, Driveways, Division 4, Sidewalks, are hereby reserved. SECTION 10. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 12. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. PASSED AND APPROVED this the 4th day of February, 2003. M WA -F-A- i FA � t -A = ATTEST: -U City Clerk 1 - Affidavit of Publication THE STATE OF TEXAS #1638790 ORDINANCE NO.7-2003 COUNTY OF WICHITA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS„ AMENDING THE CODE OF ORDINANCES, On this 18th day of February, 2003 A D... CHAPTER 94,STREETS, SIDEWA PLALKS,AND «E Personally appeared before me, the undersigned authority EII,CONSTRUCTION,AL- Kathy Salan, Sales Assistant for the Times Publishing TERATION AND RE- PAIR OF STREETS, SIDEWALKS,CURBS, Company of Wichita Falls, publishers of the Wichita Falls DRIVEWAYS,AT DIVI- SION 4,SIDEWAL FOR INN, Times/Record News, a newspaper published at Wichita Falls in PROVIC L U S I O N IN THE Wichita duly sworn County, Texas, and upon beingbyme, on CODE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDI- oath states that the attached advertisement is a true and TY CLAUSE ORDINANCE NO.8-2003 correct copy of advertising published in One (1) issues thereof ORDINANCE OF THE CITY COUNCIL OF THE on the followingdates: CITY OF WICHITA , FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES AT APPENDIX B,ZONING February 16, 2003 ORDINANCE,SECTION 3040 AND SECTION 3100, PLACING LIMITED AND COMMERCIAL DAY CARE CENTERS ' AS CONDITIONAL USES ��yy WITHIN SINGLEZON- ING �� ,UCt�y�y� FAMI- LY RESIDENTIAL ZON- ING DISTRICTS ORDINANCE NO.10.2003 - • - ` ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA AMENDING THE CODE Sales Assistant for Times Publishing Company of Wichita Falls OF ORDINANCES,CITY - OF WICHITA FALLS, TEX INS, PPEND ND cB, ubscribed and sworn to before me this the day and year first above written: GREGARDING LIMITED MULTIFAMILY RESI- DENTIAL REGULA- TIONS ai,,,,. 41aii. 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