1996-025sidewal4 ord
ORDIN CE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-114
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO REDUCE
THE LEVEL OF ESCROW REQUIRED OF DEVELOPERS OF RESIDENTIAL SUBDIVI-
SIONS FOR SIDEWALK CONSTRUCTION, PROVIDING A SEVERABILITY CLAUSE,
AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S~CTION I That subsection (17) (f) of section 34-114 of the
Code of Ordinances of the City of Denton, Texas is hereby amended
to read as follows, all provisions of section 34-114 not specifi-
cally changed herein shall remain intact and in full force and
effect
Sec. 34-114. Streets. [text of general provisions unchanged]
(1) Street classifications [text unchanged]
(2) Vehicle trips [text unchanged]
(3) Compliance with specifications [text unchanged]
(4) Street capacity [text unchanged]
(5) Perimeter streets [text unchanged]
(6) Improvements to exlstlng off-site streets [text
unchanged]
(7) Adequate street access [text unchanged]
(8) Coordination with surrounding streets [text unchanged]
(9) Intersections [text unchanged]
(10) Medians [text unchanged]
(11) Cul-de-sacs and dead-end streets [text unchanged]
(12) Alleys [text unchanged]
(13) Private roads [text unchanged]
(14) Street names and signs [text unchanged]
(15) Street lighting [text unchanged]
(16) Fire lanes [text unchanged]
(17) Sidewalks [text of general provisions unchanged]
(a) [text unchanged]
(b) [text unchanged]
(c) [text unchanged]
(d) [text unchanged]
(e) [text unchanged]
(f) Escrow agreement alternatlve Should the public
lmprovements required by section 34-40, other than
s~dewalks, be completed by the contractor and
developer, and the cost of constructing sidewalks
be twenty-five thousand dollars ($25,000 00) or
less, as determined by the city engineer, the
developer may, instead of constructing sidewalks
along the frontage of residentIal (single family or
duplex) lots ~n the development, deposit cash money
in the amount of fifteen percent (15%) of the cost
of completing the s~dewalks or slx hundred dollars
($600), whichever ~s greater, w~th a bank ~n Denton
County as escrow agent pursuant to an approved
escrow agreement
(1) The form and provisions of the escrow agree-
ment shall be approved by the city engineer
and c~ty attorney to ~nsure the completion of
the s~dewalks within three (3) years of the
acceptance by the city of the other public
improvements ~n the development The escrow
funds will part~ally guarantee the construc-
tion of the sidewalks by the builders ~n the
development
(2) If the s~dewalks are not completed by the
builders and accepted by the c~ty within three
(3) years of the acceptance by the city of
other public improvements ~n the development,
the developer shall have the option to com-
plete the construction of sidewalks ~n the
development and the escrow funds shall be
released to the developer upon acceptance of
the s~dewalks by the c~ty Upon approval by
the city engineer, the developer may make
part~al draws against the escrow funds once at
least 85% of the sidewalks in the subdivision
are complete, provided that sufficient funds
remain in the account to complete the remain-
der of the sidewalk construction This prove-
PAGE 2
sion is an exception to the requirements of
section 34-42(b) of this chapter
(3) Should the developer elect not to complete the
sidewalks, the city may utilize the escrow
funds to complete the construction Should
the escrow funds be insufficient to complete
construction per the city's standards, the
city may utilize the remaining escrow funds to
perform initial grading or to install tempo-
rary asphalt sidewalks
(4) A builder or owner of improvements upon a
residential lot shall not be granted occupancy
until the sidewalk in front of such lot has
been completed and accepted by the city
SECTION II That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstances is held ~nvalld by any court
of competent ]urlsdlctlon, such holding shall not affect the va-
lidity of the remaining portions of this ordinance, and the C~ty
Councll of the C~ty of Denton, Texas, hereby declares it would have
enacted such remalnlng portlons despite any such invalidity
SECTION III That this ordinance shall become effective
immediately upon Its passage and approval This ordinance may be
applied to existing s~dewalk escrow agreements to allow reduction
of currently held escrow funds
PASSED AND APPROVED this the&~L/day of ~ , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 3
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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