§ 90.012 USE OF UNIMPROVED/UNOPENED RIGHTS-OF-WAY.

   An owner of real property within the city may be issued a permit to erect, construct and build a single-family residence adjacent to and accessible only by unimproved/unopened city-accepted right-of-way on the following conditions:

   (A)   The parcel of land upon which the residence is to be constructed shall be a minimum of two acres;

   (B)   No certificate of occupancy shall be issued unless and until all the requirements of this section are met;

   (C)   The parcel of land shall not be subdivided into smaller parcels unless approved by the city through a subdivision platting process.

   (D)   The property owner(s) shall construct and donate a street in accordance with the design standards and applicable provisions of Ch. 159, including the donation of additional rights-of-way if necessary;

   (E)   The street shall connect to an existing improved paved public street which is maintained by the city or other public entity.

   (F)   The street shall be donated to the city for ownership and perpetual maintenance only after inspection and testing, final approval of the testing and inspection results by the City Engineer, and acceptance by the city. The city may require the property owner(s) to provide the inspection and testing services prior to acceptance to the city;

   (G)   The city shall only accept and maintain streets which comply with the requirements of Ch. 159 upon donation to the city and dedication to the public for use as a public street; and

   (H)   The city is not, nor shall it be, responsible for the construction, installation or maintenance of any road and/or roadside drainage improvements on any unimproved/unopened rights-of-way not meeting the design standards and applicable provisions of Ch. 159.

(1998 Code, § 106-13) (Ord. 98-57, passed 11-25-1998; Ord. 2023-43, passed 12-20-2023)

SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS

§ 90.025 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CURB. The construction parallel to and adjoining the edge of the paving or roadway surface of the street, definitely marking the limits of that portion of the street to be used by vehicular traffic.

   DRIVEWAY. The portion of the street lying between the curbline of the street and the property line of the street used for ingress and egress to property adjoining a street by vehicles.

   GUTTER. The construction adjoining the curb and forming a part of the street surface used by vehicles and whose primary function is to provide surface drainage along the street.

   SIDEWALK. The portion of the street generally reserved for pedestrian use. Unless otherwise permitted, it shall be laid so that the property side of the walk shall be parallel to and identical with the property line of the street.

   STREET. All public thoroughfares within the corporate limits of the city, such as alleys, avenues, highways, boulevards, streets and the like, and shall include all that portion of the public way from property line to property line dedicated to the public use, and includes sidewalks, driveways, grass plots, curbs and that portion of the street used by vehicles.

(1998 Code, § 106-41)

§ 90.026 COMPLIANCE.

   Any person attempting to build any walk or curb other than as prescribed by this subchapter, unless otherwise permitted by the City Commission, shall be deemed guilty of a misdemeanor.

(1998 Code, § 106-42) Penalty, see § 10.99

§ 90.027 INJURING SIDEWALKS.

   Any person who shall willfully or maliciously tear up, injure, deface or destroy any sidewalk or portion thereof shall be guilty of a misdemeanor.

(1998 Code, § 106-43) Penalty, see § 10.99

§ 90.028 PERMIT FOR CONSTRUCTION OR REPAIR; LINES AND GRADES TO BE SPECIFIED BY CITY ENGINEER.

   No person shall construct any sidewalk, driveway, curb or gutter or change or repair any sidewalk, driveway, curb or gutter on the streets of the city without having first received a permit from the Building Official for the work authorizing the construction and having received the necessary lines and grades from the office of the City Engineer. The construction shall meet the approval of the City Engineer. The fee for the permit shall be set out on the schedule based on the cost of improvements, posted at the City Hall Annex, 928 5th Ave. N., Texas City, Texas.

(1998 Code, § 106-44) Penalty, see § 10.99

§ 90.029 RESPONSIBILITY OF CONTRACTOR FOR ADEQUACY OF WORK.

   In the construction and repair of sidewalks, the contractor shall be responsible for all work constructed by him or her until accepted by the city, acting through the City Commission. All work shall be guaranteed by the contractor for a period of one year from the date of acceptance.

(1998 Code, § 106-45)

§ 90.030 SPECIFICATIONS.

   The city hereby adopts and approves those certain standard specifications for cement or concrete sidewalks, driveways, curbs and gutters as may be on file in the office of the Building Official.

(1998 Code, § 106-46)

§ 90.031 LOCATION OF TREES OR SHRUBBERY PLANTED ALONG SIDEWALKS.

   (A)   All trees or shrubbery planted along or upon the sidewalks of any public street in the city shall be set out in a straight line running parallel to the curb and at a distance of three feet from the outside line of the curb or sidewalk space.

   (B)   Any person who shall plant or set out trees or shrubbery or any owner who shall plant or set out any trees or shrubbery upon sidewalk space abutting his or her property in violation of this section shall be deemed guilty of a misdemeanor.

(1998 Code, § 106-47) Penalty, see § 10.99