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1984-007623L NO d y ° 7 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING A NEW DIVISION 3, SECTIONS 21-37, 21-38 AND 21-39 THERETO, RELATING TO REPAIR AND REPLACEMENT OF SIDEWALKS, CURBS AND GUTTERS BY AGREEMENT OF THE ABUTTING PROPERTY OWNER TO PAY FOR COST OF MATERIALS, PROVIDING CRITERIA FOR SIDEWALK REPLACEMENT AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That Article II of Chapter 21 of the Code of Ordinances of the City of Denton, Texas, be and the same is hereby amended by adding a new Division 3 thereto, consisting of Sections 21-37, 21-38 and 21-39 heretofore reserved, which shall hereafter read as follows DIVISION 3 BY AGREEMENT WITH THE ABUTTING PROPERTY OWNER Section 21-37 City to bear all costs except materials if abutting property owners agree to repairs The Superintendent of Streets is hereby authorized to repair or replace sidewalks and/or curbs and gutters that meet the criteria of Section 21-38 hereof with the City bearing the total cost of excavation and removal and the total cost of labor in repairing and replacing such side- walks, curbs and gutters if the abutting property owner or owners, prior to the commencement of such work, pay to the City the cost of materials for the project as determined by the Superintendent of Streets or, in lieu thereof, sign a promissory note and lien for the cost of such materials before the City of Denton will commence the work The terms of the ppromissory note shall be no longer than twenty-four (24) months, shall provide for twenty-four (24) equal monthly payments and shall bear interest at the rate of eighteen (18%) percent per annum Section 21-38 Criteria for sidewalk repair or replacement Criteria for sidewalk repair or replacement shall be as follows (a) Sidewalk location must be in the City of Denton right- of-way (b) A minimum of fifteen (15) linear feet per residence must meet these repair or replacement criteria (c) Sections to be replaced must be shattered or cracked or structually unsound, as defined in (c), (d) or (e) below (d) Sections that have holes more in diameter or that missing or loose pieces in them two (2") inches or are cracked or broken with PAGE 1 (e) Sections that are upheaved or depressed, thereby causing an abrupt change in grade of forty percent (40%) or more (two inch vertical in ten inches horizontal) or creates an unsafe condition as designated by the Superintendent of Streets (f) Sections having surface spalling only, will not be considered criteria for replacement These areas will only be considered if the Superintendent of Streets determines they create an extremely unsafe condition Section 21-39 When procedure for replacement not appli- cable or prohibited The provisions of this Division shall be limited to replacement and repair of existing sidewalks abutting residential areas, it shall not apply to new construction or sidewalks abutting non-residential cedures in this Division may not be Council has, by resolution, ordered repair of sidewalks SECTION II property The pro- utilized if the City the construction or That this ordinance shall become effective immediately after its date of passage and approval PASSED AND APPROVED this the /7 -//L day of January, 1984 D 04S CIT OFD TON, TEXAS ATTEST M3 KLUTTE' ALLEN, ~ SECRET= CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY PAGE 2