O-3969-12-22ORDINANCE NO. 3969-12-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTIONS 13-3 AND 13-3.1 OF THE CODE TO PROVIDE FOR SIDEWALK
MAINTENANCE AND LIABILITY IN THE CITY; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen has received from city staff recommendations regarding the
revision of the City’s Code of Ordinances to address required maintenance of and associated liability regarding
sidewalks in the City, including recommended policies, procedures, and forms to be used in association
therewith.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Code of Ordinances is hereby amended by amending Sections 13-3 and 13-3.1 to read
as follows:
“Sec. 13-3. Sidewalk Maintenance Responsibility and Liability.
(a) Owner(s) of property which is situated within a zoning district of the City other than single -
family residential and which is adjacent to and abutting sidewalks that are in need of repair,
maintenance, replacement, and reconstruction are responsible for the needed repair,
maintenance, replacement, and/or reconstruction and all of the costs associated therewith and
are hereby required to make said needed repairs, maintenance, replacement, and reconstruction.
The responsibility to repair, maintain, replace, and reconstruct exists whether or not the City
has indicated to the property owner that repair, maintenance, replacement, or reconstruction is
required. The abutting property owner is solely liable for the injuries occasioned by reason of
the defective condition of the sidewalks for which they are responsible.
(b) With regard to sidewalks adjacent to and abutting single-family residential property situated
within a single-family residential zoning district of the City, if a formal development plan,
maintenance agreement, or platted document assigns maintenance responsibility to a
Homeowner’s Association (HOA), the HOA is solely responsible for the repair, maintenance,
replacement, and reconstruction of such sidewalks and all costs associated therewith. HOAs
are also responsible for sidewalk repair, maintenance, replacement, and reconstruction for
sidewalks located along common areas and streets where single-family residential properties
do not abut the Right of Way. The HOA is hereby required to make said repair, maintenance,
replacement, and/or reconstruction. The responsibility to repair, maintain, replace, and
reconstruct exists whether or not the City has indicated to the HOA or any property owner that
repair, maintenance, replacement, or reconstruction is required. HOA is solely liable for the
injuries occasioned by reason of the defective condition of the sidewalks for which it is
responsible.
Ordinance No. 3969-12-22, Page 2
(c) With regard to sidewalks adjacent to and abutting single-family residential property situated
within a single-family residential zoning district of the City for which no formal development
plan, maintenance agreement, or platted document assigns maintenance responsibility to a
Homeowner’s Association, the property owner is solely responsible for the repair,
maintenance, replacement, and reconstruction of such sidewalk and is hereby required to
perform the same. However, for owner-occupied, single-family residences located in such
zoning district, upon proper request and approval by City, the City shall be resp onsible for
payment of fifty percent (50%) of the total repair, maintenance, replacement, and
reconstruction costs, including costs of labor, material, equipment, engineering, and inspection
services. To be eligible for this cost participation by the City, the property owner must submit
to the City an Owner’s Sidewalk Maintenance Request/Agreement, in the form attached hereto
as Exhibit “A,” must follow the procedures set forth in that Exhibit “A,” which is hereby
incorporated herein by this reference, and the request must be approved by City staff. The
responsibility to repair, maintain, replace, and reconstruct exists whether or not the City has
indicated to the property owner that repair, maintenance, replacement or reconstruction is
required. Regardless of city participation, the property owner is and remains solely liable for
injuries occasioned by reason of the defective condition of said sidewalks.
(d) In the event any HOA or property owner in any zoning district in the City fails to repair,
maintain, replace, or reconstruct a sidewalk for which that HOA or property owner bears such
responsibility and the City Code Compliance Division determines such sidewalk to be a
nuisance detrimental to public safety or welfare, the City Staff is authorized, in addition to any
other available remedies, to commence involuntary abatement proceedings to affect the
necessary repair, maintenance, replacement and reconstruction of such sidewalk in accordance
and may, in accordance with the provisions regarding general nuisances, assess the associated
expenses to the HOA or property owner and assess a lien against the property until paid.
(e) Any HOA or property owner that violates any provision of this Section 13-3 shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed
$2,000.00 and a separate offense shall be deemed committed upon each day during or on which
a violation occurs or continues. Enforcement shall be the responsibility of the City Code
Compliance Division.
Sec. 13-3.1 Repealed.”
SECTION 2. All provisions of the ordinances of the City of Allen, Texas in conflict with the provisions of
this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase, or section of this ordinance,
or the ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not
affect the validity of the remaining portions of said ordinance or the ordinances of the City, as amended hereby,
which shall remain in full force and effect.
SECTION 4. This Ordinance shall take effect immediately upon its passage and approval by the City, as the
law and charter in such cases provide, and it is accordingly so ordained.
SECTION 5. Any person, firm, or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as heretofore
amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand ($2,000.00)
dollars for each offense.
EXHIBIT A
RESIDENT
ADDRESS
ALLEN, TEXAS
CITY OF ALLEN
OWNER’S SIDEWALK MAINTENANCE REQUEST/AGREEMENT
We, the undersigned by our signature(s) set forth below hereby certify that (1) we are all of the owner(s) of
the real property identified below, (2) we occupy this residence as our home and it is not used as rental/lease
property, and (3) said real property is located within a single-family property district and adjacent to
sidewalk(s) in need of repair, maintenance, reconstruction, or replacement of said, sidewalk(s). We
respectfully request that the City of Allen authorize and conduct repairs/replacement of the sidewalk(s)
identified below, and that the City approve fifty percent (50%) City participation in the total cost of such
repair.
TO BE COMPLETED BY THE CITY:
Owner(s) Name(s): _________________________________________________________________
Property Address: _________________________________________________________________
Cost:
• Linear feet of 4-foot wide residential sidewalk X current cost per linear foot of 4-foot-wide
sidewalk = $ total cost
• _______ feet X ______ cost = total cost $_________
• The owner’s 50% portion is $_________
• The cost per liner foot of sidewalk will be adjusted should the residential sidewalk being replaced
be greater than 4 feet in width.
The City will not participate in cost-sharing of concrete replacement past the point where the sidewalk
meets the home’s lead walk and/or driveway and/or driveway approach. The City does not cost-share the
replacement of lead walks, driveways, and/or driveway approaches under this program.
____ (City will check if appropriate) - City evaluation of the sidewalk indicates that there will be
a step-up or a step-down where the repaired or replaced sidewalk meets the home’s lead walk
and/or driveway or driveway approach. The step-up or step-down may be an estimated ___ inches.
By signing below, you acknowle3dge that you have been advised of this anticipated step-up or
step-down and that you consent thereto. You further agree that any repair or reconstruction to
alleviate such step-up or step-down will be your sole responsibility and at your sole expense. You
also acknowledge and agree that you are solely responsible for any damages or injuries resulting
from said step-up or step-down.
Address of Resident
305 CENTURY PARKWAY •ALLEN, TEXAS 75013-8042 •214.509.4100
WEB: www.cityofallen.org • EMAIL: coa@cityofallen.org
Information About the Cost-Shared Sidewalk Program:
1. Evaluation criteria for sidewalk replacement/repair will be as follows:
a. The residence is an owner-occupied Single-Family residence, and the location meets
the other criteria listed above;
b. The sidewalk is located within the City of Allen street right-of-way;
c. The sidewalk is aligned parallel to the street;
d. Sidewalk sections to be replaced shall total to at least eight (8) linear feet in length;
e. Sidewalk has surface spalling with a depth of one quarter (1/4) inch or greater, and
covers 50% or more of the sidewalk section being evaluated;
f. Sidewalk sections are upheaved or depressed causing an abrupt change in grade of two
(2) inches or more vertically; or creates an unsafe condition as determined by the City
of Allen;
g. Sidewalk sections are broken with pieces missing and/or rebar exposed; and either issue
creates an unsafe condition as determined by the City of Allen.
2. After receiving a communication expressing citizen interest in the residential cost-shared
sidewalk program, the City shall establish a work order for the Streets and Drainage Division to
evaluate the sidewalk using the criteria provided in Paragraph 1. After inspection, non-qualifying
locations will be notified by the Streets and Drainage Division concerning the reason their
situation does not qualify, and the work order will be closed out.
3. For qualifying locations, this Request/Agreement shall be completed by the City and mailed to
the residential property owner(s) by the City. Those who wish to proceed with the program
should return the signed agreement to the Community Services Department accompanied with
cost-share payment of check or money order. The agreement and payment must be received prior
to scheduling of repair, maintenance, reconstruction or replacement of the sidewalk. Work is
scheduled on a first-come, first-serve basis. The 50% cost-share includes the cost of labor,
material, equipment, engineering, restoration, and inspection service. The 50% cost-share is
based on the actual contract cost with no markup at the time the City Agreement is prepared.
4. The Request/Agreement remains effective for a period of ninety (90) days. At ninety (90) days,
the work order will be cancelled. If after the ninety (90) days, the resident wishes to pursue
replacement, the area must be re-inspected for qualification. The then determined qualifying area
and the charge will be at the then-prevailing replacement cost.
5. Work will be scheduled and performed as expeditiously as possible after payment is received by
the City. Depending on the volume of requests, it may take one (1) to three (3) months or more
for work to be scheduled.
6. 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 is
damaged or dies after sidewalk is repaired/replaced.
Address of Resident
305 CENTURY PARKWAY •ALLEN, TEXAS 75013-8042 •214.509.4100
WEB: www.cityofallen.org • EMAIL: coa@cityofallen.org
7. A sidewalk that is repaired, maintained, reconstructed, or replaced shall be placed on proper grade
and/or match the elevation as close as possible, of the adjacent sidewalks. This is because the
sidewalk must support lot-to-lot drainage.
8. Matching the grade between lots and promoting drainage without water puddling may result in a
grade differential between the sidewalk and the home’s “lead walk” that runs from the sidewalk
up to the home’s front door.
9. The property owner shall be solely responsible for the repair, maintenance, reconstruction and/or
replacement of any of the sidewalk and entry to the house, which does not match the grade of
new sidewalk.
10. Residents who qualify for a sidewalk repair may call either 972-984-8784 or 214-509-3131 to
request an estimate of when their repair or replacement will be completed.
11. Citizens contracting with the City for sidewalk repair under this Agreement may have either a
city crew or private concrete crew (contractor that is working for the City) perform the tear out
and replacement of the sidewalk. As landscape irrigation systems are typically located close to
sidewalks, sometimes during the course of this work, landscape irrigation lines, sprinkler heads
and even irrigation controllers can be damaged. If the resident finds after construction is
completed that there is damage to the irrigation system that may be associated with the sidewalk
replacement/repair, they must contact the City at 214-509-4500 to immediately report the issue.
Either the City or the sidewalk contractor will make the required repairs. The City will not
reimburse the property owner for having a private irrigation contractor make the repairs on the
resident’s behalf. The resident will have thirty (30) days following the sidewalk completion
date to report any subsequent issues pertaining to the repair.
12. Shortly after the sidewalk repair, maintenance, reconstruction and/or replacement, as may be
necessary, new sod will be placed in the affected areas (this may occur a few weeks following
the sidewalk repair). It is the homeowner’s responsibility to irrigate the new sod to assure the
sod’s viability.
13. The area repaired and specified on this Owner’s Sidewalk Maintenance Agreement will be
covered under a one (1) year warranty from date of installation on all repairs.
Address of Resident
305 CENTURY PARKWAY •ALLEN, TEXAS 75013-8042 •214.509.4100
WEB: www.cityofallen.org • EMAIL: coa@cityofallen.org
By the signature(s) on this application, the property owner(s):
1. 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.
2. Understand that if this cost-shared sidewalk work is not completed because the resident
property owner(s) decide to either not sign the agreement and or make cost-shared payment
for the repairs, the resident remains expressly liable for injuries occasioned by reason of the
defective conditions of the sidewalks for which they are responsible.
3. Understand that by City Ordinance, residential property owners are solely liable for injuries
occasioned by reason of the defective condition of the sidewalks for which they are responsible
and that any agreement by City to participate in sharing the cost of repair, reconstruction,
or maintenance of such sidewalk(s) does not alter that sole liability of the property owners.
(Estimate is only good for 90 days.)
Date: Click here to enter text.
Property Owner(s)’ Name (Print)
Property Owner(s)’ Signature
Mailing Address
Home/ Work Telephone Number
Please mail completed form
and enclosed payment to:
City of Allen
Attn: Community Services
305 Century Pkwy
Allen, TX 75013-8042
Office: 214.509.3100
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