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1994S8- AMENDING THE SUBDIVISION ORDINANCE ORDINANCE tj~-5- f? AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE SUBDIVISION ORDINANCE, NO. 87-S-ll, ARTICLE III, DESIGN STANDARDS, SECTION 18, STREETS; AND EXHIBIT "C", DEFINITIONS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS I THAT, Subdivision Ordinance 87-S-ll of the City of Schertz, Texas, Article III, Design Standards, Section 18, streets, Paragraph 18.4, Private Streets, is hereby amended in the following manner: Delete current Article III, Paragraph 18.4 and replace with the following: Article III, Paragraph 18.4 Private Streets A. Private streets within the City of Schertz may be authorized providing all of the following conditions are met: (1) A homeowners association is established to maintain and upkeep all streets in a constructed home subdivision or a manufactured home subdivision in accordance with the City's public street standards, to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts. (2) Private streets are constructed in accordance with the City's standards for public streets. (3) The following "maintenance agreement" will appear on the subdivision plat: Streets. Streets in this subdivision will be private streets constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the homeowners association. The City of Schertz is released from any liability of these streets. Periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted. This agreement includes the maintenance and upkeep for controlled access to the subdivision by the homeowners association. (4) The following "maintenance agreement" will appear on the plat for a manufactured home park: Streets. Streets within this manufactured home park will be constructed in accordance with the City of Schertz public streets standards. The upkeep and maintenance to include the mowing of shoulders and right-of-way, removal of weeds and unclogging of culverts shall be the responsibility of the manufactured home park administration. The City of Schertz is released from any liability of these streets. periodic inspection by a public official who is authorized to enforce complaints about poor maintenance is permitted. (5) Provide access for fire protection, ambulance, police, school bus, garbage service and other utility agencies. B. Convertino to Public Streets. Private streets must meet the standards established for public streets before acceptance by the City. C. One Resident. Private street or road serving only one resident is exempt from construction and maintenance standards for public streets. D. Controlled Access. When there is controlled access to a subdivision, whether it is a mechanical device or a security guard, the maintenance and upkeep will be the responsibility of the homeowners association. E. Inoress/Eoress. Private streets shall connect directly to a public street or road. II THAT, Subdivision Schertz, Texas, Exhibit "C", following manner: Ordinance 87-S-ll of the City of Definitions, is hereby amended in the "Exhibit C" Recommend the following definitions be added to "Exhibit C" of the Subdivision Ordinance: Easement: An person and/or person's land. acquired privilege or right-of-way use which one public agency has across, over or under another Rioht-of-Wav: The right of passage acquired for or by the public through dedication, purchase or condemnation and intended to provide pedestrian and vehicular access to abutting lots, tracts or areas. Also for use by utilities and to provide for drainageways. Road: The entire area between the right-of-way lines of any public road or the entire width of a private road easement created to provide ingress or egress to land. Street: A strip of land comprising the entire area within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, court, expressway, highway, lane, throughway, place, square, alley or however otherwise designated within the right-of-way. Street, Private: Any street right-of-way not dedicated to public use. Street, Public: Any street right-of-way dedicated to public use and/or maintained by the City of Schertz. III All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed." APPROVED on first reading the ~ PASSED, APPROVED AND ADOPTED this 19 fL. day of the !i6L ,A,1 fMdl , 19 'It-. day of ~L , ATTEST: Schertz SEAL OF CITY City 0