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2705o ^J ^J ORDINANCE NO.2705 AN ORDINANCE AMENDING CHAPTER12.12OFTHE MOSES LAKE MUNICIPAL CODE ENTITLED "SIDEWALK CONSTRUCTION" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1.Chapter 12.12 ofthe Moses Lake Municipal Code entitled "Sidewalk Construction"is amended as follows: 12.12.010 Sidewalk Requirements: A.Sidewalks shall be constructed whenever newcurb is constructed.All municipal sidewalks shall be constructed of natural colored Portland cement concrete in accordance with the Community Street and Utility Standards,except that sidewalks in the Paver District shall be constructed of concrete brick pavers in accordance with plans approved bythe Municipal Services Department.Municipal sidewalks in all residential zones shall be constructed adjacent to a five foot (5')wide or greater planter area;however,in existing developed residential areas,reconstruction of sidewalks shall match existing sidewalk improvements. The landscaping in the planter areas shall be in accordance with Moses Lake Municipal Code 18.75.The sidewalkswithin the PaverDistrict shall be constructed for the full areabetween the back-of-curb and the right-of-way line. B.Sidewalks shall be constructed so as to avoid all physical obstructions.However,the Municipal Services Director may allow trash receptacles,utility poles,fire hydrants,tree wells, trees,traffic signal controllers,etc.tobe installed in the sidewalk areas that are within the Paver District and commercialzones.In all cases,sidewalks shallbe constructed to provide at least five feet (51)of clearance from allobstructions. C.Owners in the Paver District may place itemssuchas small tables,chairs,flower pots,and benches on the first three-foot (3')area of their abutting sidewalkas measured from the property line,but said sidewalks shall be nine feet (9')wide orgreater and shall provide atleast five feet (5')ofclearance for clearpassage.Advertisements,signs,and similar itemsarenot permitted with this authorization. 12.12.015 Activity Trail Specifications:Activity trails shallbe installed alongroutesas directed orapproved byCity Council.Activity trails shall be constructed in accordance with the plans thatareapproved by the Municipal Services Director.Construction shall be consistent with requirements of the Community Streetand Utility Standards withthe exception that activity trails inthe Paver District shall be constructed with concrete brick pavers per Section 12.12.010 of the Moses Lake Municipal Code. 12.12.020 Curb Requirements:All curbs shall be constructed of natural colored Portland cement concrete and shall beconstructed inaccordancewith the Community StreetandUtilityStandards;however, in existing developed areas,curb replacement shall be constructed in accordance with existing curb improvements. 12.12.030 Rolled Curb: Rolled curb is not allowed on new streets.Rolled curb may only be installed to replace existing rolled curb. 12.12.060 Duty to Maintain and Service Sidewalks: A.The owner or occupierof propertythat abuts sidewalks or abuts dedicated cityright-of-wayor deeded citypropertyadjacent to sidewalks shallbearthe dutyand expense of maintainingand servicing sidewalks ina good state of repair, free from obstructions,and ina clean condition. However,the cityshall bearthe duty and expense to repairsidewalks inthe Paver District that ORDINANCE NO.2705 PAGE 2 areconstructed with concrete brick pavers,and allsidewalks thatwere constructed of concrete brick pavers through city participation.For sidewalks to be in a good state of repair,the sidewalks shall not have any vertical differences of one inch (1")or greater;and they shall not have any contiguous areas of spalling greater than four (4)square feet.Exposed aggregate in existing sidewalks shall be considered spalling when the surface wear measures one- quarter inch (%")or greater in differential elevation. B.The citymay participate insidewalk repairs for sidewalks that are wider than six feet (6').Such participation may be made for sidewalk repairs that are within the right-of-way and that are beyond the first six feet (6')of sidewalk nearest to the curb. Such participation is validonlyif the city has provided written pre-approval for the sidewalk repairs.When the city agrees to participate with sidewalk repairs for over-width sidewalks,the owner will pay the contractor for the full repairs;and the citywill make payment directly to the owner for pre-approved sidewalk repairs after the owner has provided a paid invoice from their contractor. C.Chapterl 2.20 of the Moses Lake Municipal Code provides requirements for sidewalk service requirements. Section 2. This ordinance shall take effect and be inforce five (5)days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on February 25,2014. ATTEST: __\^___£& Dick Deane,Mayor W.Robert Taylor,Fi'na/fce\Director APPROVED AS TO FORM: Kathepfne L.Kenison,CityvAttg ^ ^ ~