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HomeMy WebLinkAboutPO 6419: AMENDING CHAPTER 94 AND 98 OF THE CODE OF ORDINANCES P .O. No . 6419 10/23/14 mcw ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 94 (STREETS, SIDEWALKS AND OTHER PLACES) , DIVISION 2 (PERMIT) , SECTION 94-251 (REQUIRED; DEFINITION; SUPERVISION) , AND CHAPTER 98 (SUBDIVISIONS) , ARTICLE IV (REQUIRED IMPROVEMENTS) , SECTION 98-252 (STREETS, ALLEYS AND SIDEWALKS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, AND PROVIDING FOR PUBLICATION. WHEREAS, in an effort for the City to become compliant with Americans with Disabilities Act ("ADA") , the City deems it necessary to update its sidewalk requirements to allow for safer passage for pedestrians and individuals with physical disabilities; WHEREAS, the City is granted the authority pursuant to state and federal law, including the ADA Architectural Guidelines ("ADAAG") and the Texas Architectural Standards ("TAS") to enforce the construction of sidewalks in conjunction with the construction of any new structure on private or public property for local improvement; and WHEREAS, an amendment is needed to insure accessibility to all areas of the City through the installation of sidewalks ancillary to new structures within the jurisdictional limits of the City of Port Arthur; and WHEREAS, the City Council deems that it would be in the best interest of the City of Port Arthur and its citizens to 1 . , amend section 94-251 and 98-251 of the Code of Ordinances pertaining to sidewalk construction. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That Section 94-251 of the Code of Ordinances be amended as denoted in the attached Exhibit "A. " Section 3. That Section 98-257 of the Code of Ordinances be amended as denoted in the attached Exhibit "B. " Section 4 . That this being an Ordinance requiring publication shall become effective ten (10) days after publication. Section 5 . That a copy of the caption of this Ordinance be spread upon the minutes of the City Council . READ, ADOPTED AND APPROVED on this day of A. D. , 2014 , at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor Councilmembers , NOES : . s.po6419 J Deloris "Bobbie" Prince, Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: City Manager s.po6919 Exhibit "A" Sec. 94-251. - Required; definition; supervision. a. No person shall construct, reconstruct, alter, repair, remove or replace any sidewalk or driveway on any public property within the city without first obtaining from the director of public works a permit so to do, and all such persons shall construct, reconstruct, alter, repair, remove or replace such sidewalks or driveways, under the supervision of the director of public works and in accordance with the specifications provided for in this article or such other specifications as may be prepared by the director of public works and adopted by the city council. Furthermore, the developer or owner is required to incur the cost of construction, reconstruction, altering, repairing, removal, or replacing such sidewalks and driveways prior to final plat approval or to post a performance bond in lieu thereof. b. The term "sidewalk," as used in this division, shall include curbs, combination curb and gutter, driveways and head-in parking; provided, however, that, in such case, the resolution shall state the kind of curb or curb and gutter and sidewalk to be constructed, reconstructed or repaired or may merely direct the construction, reconstruction or repair of a curb or curb and gutter or sidewalk alone. c. A building permit shall not be issued for the construction of a primary structure to be erected on a residential or commercial lot, unless detailed plans for the construction of a sidewalk in conformity with the minimum regulations herein specified consistent with ADA Architectural Guidelines ("ADAAG"), and Texas Architectural Standards ("TAS") guidelines have been approved by the City's Engineering Department. This provision applies to all newly constructed buildings. It does not apply to renovations to existing buildings or structures. d. A Certificate of Occupancy cannot be issued unless a sidewalk has been installed consistent with ADA Architectural Guidelines ("ADAAG"), and Texas Architectural Standards ("TAS") guidelines and approved by the City's Engineering Department. , Exhibit "B" Sec. 98-257. - Sidewalks required in certain existing subdivisions. (a) The owner or developer of any residential lot in any subdivision for which the plat has already been approved and recorded and in which no residential lots have been sold shall construct a sidewalk for public use in accordance with city standards and plans and specifications reviewed by the director of planning and approved by the city engineer and director of public works. (b) The owner or developer of any commercial lot or tract on which development occurs after the effective date of this section and which abuts a curb and gutter street; is in proximity to subdivisions requiring sidewalks; or has or likely will have a reasonable amount of pedestrian traffic, shall construct a sidewalk for public use in accordance with city standards and plans and specifications reviewed by the director of planning and approved by the city engineer and director of public works. (c) The provisions of section 98-63 (service) making it unlawful to issue a certificate of occupancy or to permit the land to be served for purposes of occupancy with any public utility, shall apply to any lot or tract covered by this section with respect to sidewalks as a required minimum improvement.