HomeMy WebLinkAboutOrdinance No. 2011-28 (Title: An ordinance requiring sidewalks for all streets, deleting reference for requirements'
to only curb and gutter streets.)
ORDINANCE NO.2011-28
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, CHAPTER 70, "STREETS, SIDEWALKS, AND
OTHER PUBLIC PLACES", ARTICLE III,
"CONSTRUCTION", SECTION 70-64, "SIDEWALKS
REQUIRED," . BY REVISING THE PROVISION TO
PROVIDE FOR SIDEWALKS FOR ALL STREETS, AND
DELETING THE REFERENCE TO THE REQUIREMENT
FOR SIDEWALKS ONLY FOR CURB AND GUTTER
STREETS; PROVIDING A PENALTY IN AN AMOUNT
NOT TO EXCEED $500, OR AS OTHERWISE PROVIDED
BY LAW; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH AND PROVIDING FOR SEVERABILITY.
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WHEREAS, the City Council of the City of Friendswood is continually reviewing the
provisions of the City Code of Ordinances (Code) relating to subdivisions, land use and other
circumstances which generally impact the health, safety and well-being of residents, citizens and
inhabitants; and
WHEREAS, the Planning and Zoning Commission of the City of Friendswood has
received input from staff, is of the opinion and has issued its recommendation that the
amendments hereto are necessary for uniform requirements under the Code, for protection of the
residents and for the protection of the public safety, health and welfare; and
WHEREAS, all public notices have been posted and published and all required hearings
on this matter have been held in accordance with law and City Council deems it appropriate to
make the revisions contained herein; now, therefore;
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
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Section 1. FINDINGS OF FACT.
The facts and matters set forth in the preamble of this Ordinance are hereby found to bey
true and correct.
Section 2. Amendment to the Friendswood City Code, Chapter 70, "Streets,,
Sidewalks, and Other Public Places", Article III, "Construction", Section 70-64,
"Sidewalks Required", to provide for sidewalks for all streets, by deleting the reference to
requirement for sidewalks only for curb and gutter streets.
The Friendswood City Code, Chapter 70, "Streets, Sidewalks, and Other Public Places",
Article III, "Construction", Section 70-64, "Sidewalks Required", is hereby amended as follows:
"Sec. 70-64. - Sidewalks required.
Sidewalks are required along all [eur-b and gutter] streets.
t % (1) Exception: Sidewalks shall not be required in single-family residential (SFR) and single-
family residential estate (SFR-E) districts where open ditch streets are approved.
(2) Sidewalks may not be required when in the judgment of the planning and zoning!
commission,the safety of the pedestrians does not require such sidewalks.
(3) If a plat is required, the developer, prior to the city's final acceptance of the infrastructure,
must install sidewalks along reserves and right-of-ways prior to the city's final acceptance of thel
infrastructure. I i
(4) If no platting or infrastructure construction is required, sidewalks must be installed prior)
to issuance of the final certificate of occupancy of the structure.
(5) If sidewalks are required by the City of Friendswood Design Criteria Manual, subdivision
ordinance, or zoning ordinance, and the installation at the required time is not feasible, the city
may require, or the property owner may petition the planning and zoning commission to allow,
the property owner to satisfy the sidewalk requirement by payment of a fee to the city's sidewalk
Ord 2011-28 2
installation fund in lieu of installing the approved sidewalk per Appendix B, Subdivision
Ordinance of the City of Friendswood Code of Ordinances, Section V.c.
(6) When sidewalks are required, they shall be built in accordance with the City of
Friendswood Design Criteria Manual and Standard Construction Details."
Section 3. PENALTY CLAUSE; INCLUSION INTO THE CODE
This Ordinance is hereby incorporated into and made a part of the Friendswood City
Code. Violation of this Ordinance is subject to the penalty section of said Code and Ordinance,
Section 1-14 "General penalty for violations of Code; continuing violations," which provides
that any person who shall violate any provision of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not more than Five Hundred
Dollars ($500.00) per offense, or as otherwise provided by law. Each day of violation shall
constitute a separate offense.
Section 4. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent
of such inconsistency or conflict, hereby repealed.
Section 5. SEVERABILITY.
In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, on
part of this Ordinance or the application of the same to any person or circumstance shall for any
reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall
not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other,
than the part declared to be invalid or unconstitutional; and the City Council of the City of l
Friendswood, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any and every part of the same notwithstanding the omission of
any such part thus declared to be invalid or unconstitutional, or whether there be one or more
parts.
Section 6. NOTICE BY PUBLICATION
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Ord2011-28 3
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 12th day of September , 2011.
PASSED, APPROVED, and ADOPTED on second and final reading this 3rd dayl
of October ,2011.
David J. S 1th
Mayor
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ATTEST: AOQ FR�FIVOs
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Melinda Welsh, TRMC s
City Secretary TgrB OF S�*
Ord 2011-28 4
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