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O-1286-9-941286-9-94 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR SIDEWALK MAINTENANCE IN THE CITY USING HOMEOWNERS PARTICIPATION IN COST; PROVIDING FOR POLICIES, PROCEDURES AND FORMS RELATING TO SIDEWALK MAINTENANCE IN THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Allen has the responsibility of performing ordinary care to maintain the City's sidewalks in a reasonably safe condition for public travel; and, WHEREAS, the City of Allen has no official policy on sidewalk maintenance; and, WHEREAS, the City Council has received from the city staff recommended policies, procedures, and forms to be used in requesting repair, maintenance or replacement of sidewalks in the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The official policy of the City of Allen shall be that owners of property situated within a zoning district of the City other than single-family residential and adjacent to and abutting sidewalks that are in need of repair, maintenance, replacement or reconstruction, are responsible for all of the costs associated therewith. The City of Allen will participate, upon the terms and conditions adopted pursuant to Section 3 hereof, with owners of property situated within a single-family residential zoning district of the City in the repair, maintenance, replacement or reconstruction of sidewalks adjacent to and abutting such property and requiring same. SECTION 2: In the event any property owner in the City is unwilling to participate voluntarily in the repair, replacement or maintenance of a sidewalk that is determined by the City Council to be a hazard to the public safety and welfare, the City Council shall undertake involuntary assessment proceedings to effect the necessary repairs. SECTION 3: The property owner and the City shall each be responsible for fifty percent (50%) of the total repair and/or replacement costs, including costs of labor, material, equipment, engineering and inspection services. The procedures and forms for maintenance, repair, and replacement of sidewalks within single-family residential zoning districts of the City, as such procedures and forms are set forth on exhibit "A" hereto, made a part hereof for all purposes, are hereby approved and adopted by the City Council. SECTION 4: This ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 15TIIDAY OF SEPTEMBER , 1994. VDonder, O FORM: A. CIT TTORNEY APPROVED:�j' e Farmer, MAYOR ATTEST: Ju o on, C C, CITY SECRETARY ORDINANCE NO. 1286-9-94 EXHIBIT "A" CITY OF ALLEN OWNER'S SIDEWALK MAINTENANCE REQUEST/AGREEMENT We, the undersigned owner(s) of real property adjacent to sidewalks in need of repair or replacement, respectfully request that the City of Allen authorize and conduct repairs/replacement of the sidewalk at: TERMS & CONDITIONS Request forms shall be acquired from and processed by the Director of Public Works or his designee. 2. The property owner(s) and the City shall each be responsible for fifty percent(50%) of the total repair/replacement costs, including costs of labor, material, equipment, engineering and inspection services. 3. The property owner(s) shall be required to make payment to the City of their total share of costs by check or money order prior to repair/replacement of the sidewalk. Work will be scheduled and performed as expeditiously and conveniently as possible after payment in full has been received by the City. 4. Only sidewalks located in the street right-of-way and running parallel to the street, will be repaired/replaced under this program. A sidewalk that is repaired/replaced shall be placed on proper grade and/or shall match the elevation as close as possible, of the adjacent sidewalks. 5. The property owner(s) shall be solely responsible for the repair/replacement of any lead walk between the sidewalk and entry to the house, which does not match the grade of the new sidewalk. 6. Criteria for sidewalk replacement will be as follows: Sidewalk is located within the City of Allen Street Right -Of -Way. b. Sidewalk sections to be replaced shall be a minimum of eight (8) linear feet in length. Sidewalk has surface spalling with a depth of one quarter (1/4) inch or greater, and covers 50% or more of the area in question, or Sidewalk sections are upheaved or depressed causing an abrupt change in grade of forty percent (40%) or more (two inches (2") vertical in ten inches (10") horizontal) or creates an unsafe condition as determined by the Director of Public Works or his designee, or Sidewalk sections are broken with pieces missing. ORDINANCE NO. 1286-9-94 Exhibit "A" Page 2 7. If the problem with the sidewalk is being caused by tree roots and it will be necessary to remove the tree roots to repair/replace the sidewalk, the property owner(s), by signature on this request, agree not to hold the City responsible for damage to or replacement of the tree if the tree dies after the sidewalk is repaired/replaced. The Director of Public Works or his designee will notify the property owners in writing of denial or approval of this request within thirty (30) days after receipt by City. By the signature(s) on this application, the property owner(s) shall accept full and sole responsibility and liability for failure to take corrective action to eliminate trip hazards between the new sidewalk and the lead sidewalk, and shall indemnify and hold the City harmless from any claim for injury or damage that may result from such failure. Date: PROPERTY OWNER(S)' NAME (PRINT) PROPERTY OWNER(S)' SIGNATURE MAILING ADDRESS HOMEWORK TELEPHONE NUMBER ZIP CODE APPROVED: REJECTED: AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Repairing of sidewalks of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 24, 1994 and which was issued on _August 24, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. 'T SUBSCRIBED AND SWORN to before me this& day of ` ,A.D 19_91( V. A. TODD MY COMMISSIOW EXPIRES D©Cember 5, 1996 Publisher's fee $ 11 . 2 5 r%Q , _4" t , ARY PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, September 15, 1994, at 7:30 p.m. in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider a request for an ordinance re- quiring homeowner's participation in the cost for repairing sidewalks. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion For further information, contact the Public Works Department, City of Allen, One But- ler Circle, Texas, or by telephoning 1 727-0160 /s/ Judy Morrison _ i City Secretary ' AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS CITY OF ALLEN PUBLIC NOTICE COUNTY OF COLLIN Notice is hereby given that the Allen City Council adopted the following ordinance at BEFORE ME, the undersigned authority, on this day personally their regular meeting held on Thursday, appeared DEBBIE TACKETT, who having been by me duly sworn, September 15, 1994 (Title only):, Ordinance No. 1286-9-94: An Ordinance on oath deposes and says: of the City Council of the City of Allen, That she is the General Manager of THE ALLEN AMERICAN, a Collin County, Texas, Providing for Sidew- i alk Maintenance in the City Using Home - newspaper published in COLLIN COUNTY, TEXAS, not less frequently than owners' Participation in Cost; Providing for once a week, having a general circulation in said county, and having been Policies, Procedures and Forms Relating to Sidewalk Maintenance in the City; Pro - published regularly and continously for more than twelve (12) months viding an Effective Date. prior to publishing A copy of this ordinance may be read'or` purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas Ordinance #1286-9-94 75002-2773. /s/ Judy Morrison of which the attached is a true and written copy, and which was published City Secretary_ — in THE ALLEN AMERICAN on Sept. 21 & Sept. 24, 1994 and which was issued on CITY OF. ALLEN PUBLIC NOTICE Sept. 21 , 1994 Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday; by City of Allen of COLLIN COUNTY, TEXAS September 15, 1994 (Title only): Ordinance No. 1286-9-94: An Ordinance of the City Council of the City of Allen, A printed copy of said public s attached hereto. Collin County, Texas, Providing for Sidew- alk Maintenance in the City Using Home- r\ owners' Participation in Cost; Providing for Policies, Procedures and Forms Relating to Sidewalk Maintenance in the City; Pro- viding an Effective Date. SUBSCRIBED AND SW9qN to before me this I A copy of this ordinance may be read or fU purchased in the office of the City Secret- A.D. 19 ary, City of Allen, One Butler Circle, Texas V. A. TODD y�/J 75002-2773. MY COMMISSION EXPIP.ES // LC Ci Judy Morrison _Gifu Secretary December 5, 1996 NARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $22 . 50