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