HomeMy WebLinkAboutORD 1995-078 �
ORDINANCE NO. 95-78
� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING CHAPTER 20, STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS, ARTICLE III,
� SIDEWALKS AND DRIVEWAYS, SECTION 20-41 ,
SIDEWALKS TO BE CONSTRUCTED AT THE ABUTTING
PROPERTY OWNERS EXPENSE; ESTABLISHING
PROVISIONS FOR A RESIDENTIAL SIDEWALK
PARTICIPATION PROGRAM; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on June 7, 1983, the City Council adopted an Ordinance requiring
that in developments constructed after that date, sidewalks be constructed by
abutting property owners at their sole expense, and
WHEREAS, in developments platted and developed after June 7, 1983, each
individual property owner paid for the cost of constructing sidewalks across their
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respective lots in the purchase price of the home, and
WHEREAS, properties platted and developed prior to June 7, 1983 did not have
� these requirements imposed upon them, and
WHEREAS, numerous residential subdivisions were platted and developed prior
to June 7, 1983, and
WHEREAS, these subdivisions have no sidewalks constructed along the internal
residential roadways, and
WHEREAS, residents in these neighborhoods have submitted repeated requests
to the City to undertake a sidewalk program for these neighborhoods where sidewalks
do not currently exist, and
WHEREAS, the City Council wishes to provide a program of financial assistance
to these residential homeowners in the form of participation in the cost of
constructing these sidewalks, and
WHEREAS, the City Council further wishes that the individual property owners
also participate in the cost of these sidewalk improvements, and
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WHEREAS, the City Council wishes to develop an organized plan to pursue
sidewalk construction in the City of Grapevine, and
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WHEREAS, the City Council wishes to establish the program as an annual
program to be funded in the annual General Fund Budget.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
,�, Section 1 . That all of the above premises are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. That Chapter 20, Streets, Sidewalks and other Public Ways,
Article III, Sidewalks and Driveways, Section 20-41 , is hereby amended in its entirety
to read as follows:
"(a) Reinforced concrete sidewalks shall be constructed at the abutting
property owners expense for all property platted after June 7,
1983.
(b) Residential property platted prior to June 7, 1983 are eligible for
partial funding by the City of Grapevine under the following
conditions.
(1) The sidewalk shall be constructed in complete residential
block segments. For the purpose of this requirement, a
residential block shall be considered as the distance
between the intersections of individual streets with the
'""�` residential street upon which the subject properties abut.
� (2) In areas where sidewalks exist at random locations within
a residential block, the remaining segments necessary to
complete the sidewalk can be constructed under this
program provided all remaining unconstructed segments in
the residential block are included in the program.
(3) The City shall provide twenty-five percent (25%) of the
construction cost of the sidewalk improvements.
(4) The property owners in each block shall provide their share
of the funding for construction of the sidewalk to the City
in advance and the City will then contract for the sidewalk
in an annual sidewalk program.
(5) All owners in each residential block shall agree to the
sidewalk project and participate in the funding of the
project for an application to be considered by the City for
this program.
� (6) The requests for sidewalks shall be prioritized by the City
Staff and the projects shall be constructed in order of
,,,�„ priority as City funds are available.
ORD. NO. 95-78 2
(7) In any fiscal year, the City shall not accept funds from
'`�` residents for construction of sidewalks for which the City
does not have adequate funding to participate in the cost
� as outlined in this section.
(8) This Program shall include only those residential roadways
with existing curb and gutter and underground drainage
systems."
Section 3. That the City Secretary is hereby authorized and directed to make
the appropriate corrections to Chapter 20, Streets, Sidewalks and other Public Ways,
Article III, Sidewalks and Driveways, Section 20-41 , in accordance with the terms of
this ordinance.
Section 4. If any section, article, paragraph,sentence, clause, phrase or word
in this ordinance, or applications thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance and the City Council hereby
declares it would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 5. The fact that the present ordinances and regulations of the City
"'�""' of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the public creates an emergency which requires that this
� ordinance become effective from and after the date of its passage, and it is
accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 3rd day of October , 1995.
APPROVED:
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William D. Tate
Mayor
ATTEST:
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�,,, in Huff
City Secretary
ORD. NO. 95-78 3
"� APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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