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HomeMy WebLinkAboutOrdinance No. 05 18 Def SidewlkORDINANCE NO. 0 5 ! 18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO ADD A NEW DEFINITION AND PROVIDE CRITERIA FOR REQUIREMENT TO REPLACE DEFECTIVE SIDEWALKS BY AMENDING SECTION 3.1401, "DEFINITIONS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3 of the Code of Ordinances of the City of University Park is amended to add a new definition to Section 3.1401 to read as follows: "ARTICLE 3.1400 SIDEWALK CONSTRUCTION AND REPAIR Sec. 3.1401 Definitions (b) ... (c) To require replacement of a "defective side;valk" as used in this Article, the following criteria must be present: (1) The sidewalk must be located within the City street right-of-way or easement, and: (2) Have surface spalling with a depth of ¼ inch or greater which covers 50% or greater of the area to be replaced; or, (3) Have cross fall that is 1 ½ inches or greater than the City's sidewalk specifications found in the City's Standard Construction Details; or, (4) Have a section with missing pieces that create a safety hazard, not chips or cracks that are only cosmetic in nature; or, (5) Have sections longitudinal that have a dip of 2 ¼ inches or greater; or, (6) Have adjoining sections that have a ½ inch or greater difference in levelness; and, (7) A 36-inch minimum clearance for obstructions located in sidewalks (i.e. mailboxes, utility poles, and fire hydrants) must be provided." SECTION 2. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be unconstitutional, illegal or invalid. SECTION 3. All ordinances in conflict with this ordinance or the Code of Ordinances as amended hereby are repealed. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of June 2005. ~'XPPROV, ED AS TA) CITY ATTORNEY (RLD; 5/4/05) 74100 APPROVED: E~S ~. ~OLMES III, MAYOR AT?EST: //~ .