Editor’s note(s)—Ord. No. 10184, § 2, adopted May 11, 2021, amended Ch. 4 in its entirety to read as herein set out. Former Ch. 4, §§ 9-4-1—9-4-11, pertained to similar subject matter, and derived from Ord. of 11-10-1930; Ord. of 11-10-1938; Ord. of 6-22-1954; Ord. No. 4297, adopted Jan. 24, 1967; Ord. No. 6724, adopted Jan. 13, 1987; Ord. No. 6735, adopted March 10, 1987; Ord. No. 6947, adopted July 25, 1989; Ord. No. 7128, adopted Oct. 15, 1991; Ord. No. 7145, adopted Jan. 28, 1992; and Ord. No. 7501, § 1, adopted Jan. 23, 1996.
It shall be unlawful for any person to construct, reconstruct, alter, repair, remove or replace any sidewalk, driveway or curbing on any public property within the City without holding a valid permit from the City for said work, approved by the Director of Engineering Services of the City, or said Director's designee, and all such persons shall construct, reconstruct, alter, repair, remove or replace such sidewalk, driveway or curbing under the direction and supervision of the Director of Engineering Services and in accordance with plans and specifications provided by or approved by the Director of Engineering Services, which plans and specifications shall conform to the following requirements, except as otherwise provided:
(A) 
The locations where sidewalks shall be constructed and the required widths shall be as follows:
1. 
Arterial streets.
Along arterial streets as defined by Chapter 11-2, of the Midland City Code: Within the street right-of-way and adjacent and parallel to the boundary of the said right-of-way, except as otherwise provided herein.
2. 
Other streets.
Along all streets other than arterial streets: Abutting the outside edge of the street curb, except as otherwise provided herein.
3. 
Exceptions.
The following exceptions shall apply to the locations specified in paragraphs 1 and 2 above:
(a) 
No street curb.
Where a standard street curb does not exist, the sidewalk shall be located as specified in paragraph 1 above, regardless of the street classification.
(b) 
Narrow parkway.
Where a standard street curb exists, and the width of the parkway, which is the area between the outside edge of said curb and the boundary of the street right-of-way, is equal to or less than six and one-half feet, the sidewalk shall be located abutting the outside edge of the curb.
(c) 
Existing sidewalks.
In those cases where sidewalks exist along one side of a street within the block, new sidewalks shall then be constructed in line with those existing sidewalks.
(d) 
Street beautification.
On Wall Street, between "A" Street and Andrews Highway, in order to protect and accommodate the trees planted as part of an environmental beautification program, the Director of Engineering Services may, when he deems it necessary, permit the sidewalk to be constructed adjacent to the right-of-way line, sometimes referred to as the property line, regardless of other requirements specified herein.
(e) 
City parks.
The provisions of this subsection shall not apply to sidewalks constructed within City parks except to the extent that the outer edge of the sidewalk shall not be constructed or located at any point more than ten feet from the right-of-way line, sometimes referred to as the property line.
(f) 
Existing utilities.
The Director of Engineering Services may, when he deems necessary, permit the sidewalk to be located with the outer edge abutting upon and parallel with the curbline when he determines that one or more public utility lines were constructed in a location to accommodate a sidewalk in a different location from that specified herein, but which would have conformed to the Code requirements in effect at the time said utilities were installed.
(g) 
Developer's option.
A developer of a subdivision may elect to locate the sidewalks along all streets other than arterial streets, within his subdivision, as required for arterial streets by showing the sidewalks on the appropriate construction plans submitted to the City.
4. 
Required width.
When a sidewalk is located along an arterial street, or along any other street and abutting or within one and one-half feet of the street curb or pavement edge, the minimum required width shall be six feet. A sidewalk otherwise located within the right-of-way of a street shall have a minimum required width of five feet. Adjacent to business properties, where a building is constructed on the street right-of-way line and the distance from the street curb or pavement edge to the street right-of-way line is ten feet or less, the sidewalk shall be continuous and unbroken from the street curb or pavement edge to the right-of-way line.
(B) 
Materials.
All sidewalks shall be constructed of concrete, asphaltic concrete, brick, exposed aggregate concrete, tile, stone, or terrazzo.
(C) 
Thickness.
All sidewalks shall be constructed to a minimum thickness of four inches. Alley and driveway approaches, as well as pedestrian ramps at intersections, shall have a minimum thickness of six inches.
(D) 
Slope.
All sidewalks shall be constructed with a maximum fall of one-fourth inch per foot toward the street pavement unless otherwise established by the Director of Engineering Services, depending upon local grade conditions. Pedestrian ramps shall have a maximum slope of one inch per foot (8.3 percent).
(E) 
Joints.
Transverse expansion joints one-half inch in thickness, and extending the full width of the concrete slab, shall be provided at intervals not more than 30 feet apart. These joints must be the full depth of the concrete and shall be well filled with a satisfactory filler approved by the Director of Engineering Services.
(F) 
Surface finish.
The finish on the surface of the concrete sidewalks shall be monolithic with the slab and shall be such that it does not present a hazardous condition when dry. The marking of the top of the sidewalk slab must be done with a specially devised marking tool. The transverse marking must cut through at least one-half the depth of the slab and shall be spaced so that the distance between each of these transverse markings is equal to the width of the sidewalk. The marking shall be done after the slab has set sufficiently so that the concrete will not flow. The exposed edges of all concrete shall be neatly finished with a special edging tool. The contractor shall employ adequate measures to protect work from the action of the sun, cold and wind until the same has thoroughly hardened and set.
(G) 
Width variation.
In case it is necessary to construct a sidewalk wider or narrower than the above requirements, upon a showing to the Director of Engineering Services that such special construction is necessary and at the same time the sidewalk affords adequate and safe facilities for pedestrian traffic, then the Director of Engineering Services may approve a permit for the construction of such narrower or wider sidewalk, as the case may be.
(H) 
Mailbox locations.
If a mailbox is installed within a sidewalk adjacent to the curb, the device may occupy only one foot of the sidewalk width, directly behind the curb, and a minimum of three feet of passable width of sidewalk must remain unobstructed. The mailbox and its support may not present or be a hazard to the passage of a vehicle.
(I) 
Accessibility.
All work described in this Chapter shall be performed in accordance with applicable laws, rules and regulations regarding accessibility for persons with disabilities.
(J) 
Traffic control.
It shall be the responsibility of a person performing work described in this Chapter to ensure that pedestrian and vehicular traffic is properly protected in and around the work area through the use of temporary traffic control signs, barricades, and other devices appropriate to the scope and nature of the work. A traffic control plan shall be submitted to and approved by the Director of Engineering Services or said Director's designee prior to the placement of traffic control devices in public right-of-way.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
A fee in accordance with the Fee Schedule approved by the City Council, as may be amended, shall be paid before a permit can be secured under the provisions of this Chapter, which shall partially cover the costs to the City for processing and reviewing the permit application and making the necessary inspections of the work.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
It shall be the duty of any owner, agent or contractor, before construction, reconstruction, repairing or moving of any sidewalk, driveway or curbing along and abutting on the property of such owner or over which such agent has control or in front of which such contractor intends to make such construction, repairing or moving, to notify in writing the water, sewer and light and gas companies of any such intention to construct, reconstruct, repair or remove such sidewalk, driveway or curbing, within a reasonable time before such work shall begin, in order that all water, gas, light and sewer pipes and connections may be properly placed before the sidewalk, driveway or curbing is constructed or repaired.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
Any person constructing, reconstructing, repairing or removing any sidewalk, driveway or curbing shall, during the time that such work of construction, reconstruction, repairing or moving is going on, keep all gutters open so as not to interfere with their drainage and shall remove from the work, or from in or about such work, upon completion of the work, all building material or other accumulation of debris that may be in and around such sidewalk, driveway and curbing by reason of the construction, reconstruction, repairing or moving of the same.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
(A) 
Definitions.
For purposes of this Section:
1. 
Access management policy means the access management policy that has been adopted by the City Council, as may be amended.
2. 
Arterial street means a street designated as a state highway by the highway department or street designated as a primary or secondary arterial on the most recent major street plan or thoroughfare plan adopted by the City Council.
3. 
Commercial driveway means any driveway not serving a one-or two-family residence.
4. 
Corner of an intersection means the intersection of the projected line of the face of the existing or proposed curbs abutting the property.
5. 
Curb cut means the area between the points where the curb is removed or omitted, including any flares or radii.
6. 
Driveway center means the centerline of the driveway perpendicular to the street, measured at the property line.
7. 
Full movement driveway means a driveway where turns out of or into the property are allowed in both directions.
8. 
Highway department means the Texas Department of Transportation or its successor department or agency.
9. 
Other street means any street not defined as an arterial street; provided, however, that an alley is excluded from this definition.
10. 
Plat restriction means any driveway restriction on an existing plat.
11. 
Property corner means the intersection of the projected line of the property line parallel to the adjacent streets. This may or may not be an actual property corner on a plat.
12. 
Right in, right out movement driveway means a driveway where turning movements are restricted so only a right turn into the property or a right turn out of the property is allowed.
13. 
Site plan means a scaled plan of the property showing in detail property lines, curbline or edge of adjacent streets, alleys, off-street parking, buildings or structures including vehicular access doorways or docks on the lot, and all existing and proposed curb cuts.
(B) 
Permit required.
A driveway permit shall be obtained from the Development Services Department before any person removes, alters, or constructs any curb, approach or gutter on any public property. A site plan must be submitted and approved by the Director of Engineering Services or his authorized representative before a driveway permit will be issued.
(C) 
Construction standards.
All driveways and curb cuts shall be constructed in accordance with design standards and specifications prepared by the Engineering Services Department.
(D) 
Access design standards.
Access to property shall conform to the access management policy.
(E) 
Appeals.
A property owner contesting any disapproval or interpretation or application of any regulation of this Section directly or by delegation of authority shall have the right to appeal such ruling or decision in accordance with the appeal procedures set out in the access management policy.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
It shall be the duty of the owner of any lot or any real estate of any kind within the limits of the City, in front of or along which a sidewalk, driveway or curbing is to be constructed, reconstructed, repaired or moved, to conform to the sidewalk abutting upon such property, and lying between such property line and the property curbline in such street, to the grade established by the City, by cutting down or filling up the same, as may be necessary, so as to conform to such grade, and the owner shall pay all costs and expenses of the same.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
The City hereby expressly reserves the right, when putting down a permanent street pavement, either by original construction or reconstruction, to change or alter the lines or grades of the street, when in the opinion of the Council such change is necessary for the proper pavement or drainage of the street, and without liability on the part of the City by reason of such change. In the event that a sidewalk, driveway or curbing, the line or grade of which is changed, is in good condition and does not, in the opinion of the Council, require entire reconstruction, the owner thereof shall be given 30 days' notice to remove the curbing, or to break the sidewalk or driveway back to a point fixed by the Director of Engineering Services, and to remove the broken portion and reconstruct such portion to the line and grade determined by the Director of Engineering Services, at the cost of the abutting owner. In the event the owner shall fail or refuse to obey the order of the Council, he shall be guilty of a misdemeanor and the Council shall have the right to have such breaking and reconstructing to the grade of the sidewalk, driveway or curbing done by the paving contractor, or other person, at the expense of the abutting owner.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
Whenever any curb is removed, or when no curb has been constructed in order to provide a driveway, and the use of such driveway is at any time abandoned and not used for ingress and egress to the abutting property, it shall be the duty of the property owner of such abutting property to restore or construct the proper and necessary curb according to the plans and specifications furnished such person by the Director of Engineering Services. Any person allowing any of the conditions, as above set forth in this Section, to continue after 30 days' notice from the Director of Engineering Services shall be guilty of allowing a public nuisance to continue.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
It shall be the duty of the owner of any property abutting upon any defective, unsafe or hazardous sidewalk, parkway, driveway or curb to repair the same at his own cost and expense. It shall be the duty of the Director of Engineering Services of the City, if in his opinion any sidewalk is defective, unsafe or hazardous, to inform the owner of the property abutting upon such sidewalk to make the necessary repairs to the sidewalk within 30 days of the date of his notice. Such repairs are to be made in accordance with plans and specifications submitted to the property owner by the Director of Engineering Services.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
Any person desiring to construct, reconstruct, repair or remove any sidewalk, driveway, or curbing within the public rights-of-way within the limits of the City shall, before entering upon such work, file with the Building Official a bond in favor of the City, in the penal sum of $10,000.00, which bond shall be approved by the City Attorney as to form, conditioned that all sidewalks, driveways, or curbing which are to be constructed, reconstructed, repaired, or removed by such person during the time for which the bond is written shall be done and completed in accordance with all the provisions of this Code relating thereto. That bond shall be further conditioned that the quality of materials used in the construction of all such sidewalks, driveways, or curbing shall be such as is prescribed by this Code and shall withstand the ordinary wear and tear of traffic without deterioration for a term of two years from the completion thereof. That bond shall further be conditioned that the City shall be saved free and harmless for any and all losses, damages, judgments or decrees that the City may sustain or be subjected to, directly or indirectly, by reason of any faulty construction, reconstruction, repair, or removing of such sidewalks, driveways, or curbing, or any work connected therewith, or for the failure of such obligor, his agents or employees to guard and light properly all openings and obstructions that may be made or placed in the street or where the work is to be done during the time of construction. The bond shall further be conditioned that the obligor upon the completion of each sidewalk, driveway, or curbing shall remove all building materials and accumulation of debris from the street in which any such edifice is built when such matter is arising through or connected with such construction. The City Attorney is authorized to bring suit in the name of the City against the obligor and surety of such bond upon default of its terms.
(Ordinance 10184, sec. 2, adopted 5/11/2021)
In those cases where the street, curb, and gutter have not been constructed in place when application is made for a permit as provided in Section 9-4-1 of this Chapter, the City Engineer shall establish the location and grade of such street, curb and gutter. Excavation shall be done to line and grade as established by the City engineer and all excess excavated material shall be removed from the right-of-way dedicated to street purposes. Before placement of concrete, the subgrade shall be wetted and tamped to secure a firm foundation. No excavation shall be done, no construction shall be commenced, and no material shall be placed for any such work in any public street or public place until a permit for such work has been obtained from the Director of Engineering Services, nor until stakes or lines and grades for such work have been given by the City Engineer. Contractors or other persons in charge of such work will be required to protect both line and grade stakes; and after same have been set, any errors in lines or grades caused by the stakes having been raised, lowered or otherwise changed or lost will be charged against the contractor or other person in charge of such work, and he shall be required to correct such mistakes at his own cost and expense.
(Ordinance 10184, sec. 2, adopted 5/11/2021)