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CHAPTER 316. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC
CONVENIENCES AND AMENITIES OR FOR PRIVATE USES
SUBCHAPTER A. USE OF MUNICIPAL STREETS AND SIDEWALKS FOR PUBLIC
CONVENIENCES AND AMENITIES
§ 316.001. Definitions
In this subchapter:
(1) "Municipal street" means the entire width of a way held by a municipality in fee or by
easement or dedication that has a part open for public use for vehicular travel. The term does not
include a designated state or federal highway or road or a designated county road.
(2) "Roadway" means the portion of a municipal street that is improved, designed, or ordinarily
used for vehicular travel. The term does not include a curb, berm, or shoulder.
(3) "Sidewalk" means the portion of a municipal street between the curb lines or lateral lines of a
roadway and the adjacent property lines that is improved and designed for or is ordinarily used for
pedestrian travel.
(4) "Sidewalk cafe" means an outdoor dining area that is located on a sidewalk and that contains
removable tables, chairs, planters, or related appurtenances.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.002. Permitted Improvements or Facilities on Municipal Street
(a) The governing body of a municipality may permit a person described by Subsection (b) to use
property in the municipality on which a municipal street is located for the establishment or
maintenance of
(1) trees or decorative landscaping, including landscaping lighting, watering systems, or other
accessories for the maintenance of the trees or landscaping;
(2) a sidewalk cafe that is:
(A) contiguous to a restaurant in which food preparation, sanitation, and related services for the
cafe are performed; and
(B) open to the air, except for any canopy, and not enclosed by fixed walls;
(3) an ornamental gate, column, or other ornamental work denoting the entrance to a
neighborhood or platted and recorded subdivision;
(4) a supportive or decorative column, arch, or other structural or decorative feature of a building
that is:
(A) of historical value or of unusual architectural design, character, or significance; and
(B) 50 or more years old at the time of application for a permit for the establishment or
maintenance of the feature; or
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(5) an amenity for the convenience of the public in the use of the municipal streets for pedestrian
or vehicular travel, including a transit bus shelter, drinking fountain, or bench.
(b) The governing body may grant permission under Subsection (a) only to:
(1) a person who owns the underlying fee title to the real property; or
(2) an entity that holds a lease of the property from or has written permission to use the property
from a person who owns the underlying fee title to the real property.
(c) An ornamental work described by Subsection (a)(3) may display the name of the
neighborhood or subdivision, but may not contain commercial advertising or other signs.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.003. Finding Required
An improvement or facility described by Section 316.002(a) may not be established unless the
governing body of the municipality, or a municipal official who is designated by ordinance to make
the finding, finds that:
(1) the improvement or facility will not be located on, extend onto, or intrude on:
(A) the roadway; or
(B) a part of the sidewalk needed for pedestrian use;
(2) the improvement or facility will not create a hazardous condition or obstruction of vehicular or
pedestrian travel on the municipal street; and
(3) the design and location of the improvement or facility includes all reasonable planning to
minimize potential injury or interference to the public in the use of the municipal street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.004. Permit Program
(a) A municipality by ordinance may establish a permit program under this subchapter.
(b) The governing body of the municipality shall include in the ordinance:
(1) provisions the governing body determines are necessary or desirable to protect, at the site of an
applicant's proposed facility, the public, utility companies, and any person who has the right to use
the municipal street;
(2) provisions that require:
(A) clearances between the facility or improvement and utility lines that comply with clearances
from structures to utility lines required by a nationally recognized building code;
(B) a permit holder to provide a cash or surety bond in an amount approved by the municipality
sufficient to cover the costs for the municipality or a public utility to remove the permit holder's
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facilities or improvements; and
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(C) a permit holder to pay the costs to relocate a municipal or public utility facility or
improvement in a municipal street associated with the installation of a facility or improvement of the
permit holder; and
(3) a provision authorizing the municipality or a utility company or other person authorized by the
municipality to remove, without liability, any part of a facility for which a permit has been issued if
there is a lawful need for the site or for access to the site.
(c) The governing body may include in the ordinance:
(1) construction, maintenance, operation, and inspection requirements;
(2) public liability insurance requirements;
(3) a requirement that the applicant or permit holder pay for traffic and safety studies;
(4) provisions for conducting a public hearing on the issuance, renewal, or revocation of a permit,
with notice and reporting expenses of the hearing to be paid by the applicant or permit holder;
(5) a requirement for indemnity agreements by abutting fee title land owners in the form of
covenants that run with the title to the abutting land; or
(6) a provision that authorizes the governing body, at its discretion, to terminate the permit
without notice to the permit holder.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.005. Renewal of Prior Permit
The renewal of a permit issued before April 30, 1985, for an improvement or facility described by
Section 316.002(a) must be renewed in the same manner as a permit issued under this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.006. Use of Municipal Money or Employee for Permitted Facility
A municipality may use or permit the use of municipal money or an employee with respect to a
facility operated under a permit issued under this subchapter only for inspections or removal.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.007. Improvement or Facility Established or Maintained by Municipality
(a) A municipality may establish or maintain, with municipal money, material, equipment, or
personnel, an improvement or facility described by Section 316.002(a)(1) or (5) without a permit,
regardless of whether the municipality establishes a permit program under this chapter.
(b) A municipality must make the finding required by Section 316.003 regarding an improvement
or facility the municipality proposes to place on a municipal street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
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§ 316.008. Public and Governmental Actions and Functions of Municipality
The following actions of a municipality are public and governmental actions and functions, are
exercised for a public purpose, and are matters of public necessity:
(1) granting a permit authorized by this subchapter;
(2) permitting the use of a municipal street for a purpose authorized by Section 316.002 under a
permit authorized by this subchapter; and
(3) establishing or maintaining, with municipal money, material, equipment, or personnel, an
improvement or facility described by Section 316.002(a)(1) or (5).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.009. Right of Abatement
This chapter does not impair the right of a municipality or other person to abate an unlawful
obstruction or use of a municipal street.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 316.010. Political Subdivision Not Required to Obtain Permit
This chapter does not require a political subdivision of this state to obtain a permit to establish or
maintain an improvement or facility authorized by other law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. USE OF STREETS AND SIDEWALKS FOR PRIVATE PURPOSE
§ 316.021. Municipal Permission to Use Street or Sidewalk for Private Purpose
A municipality may permit and prescribe the consideration and terms for the use of a portion of a
municipal street or sidewalk for a private purpose if the use does not:
(1) interfere with the public use of the street or sidewalk; or
(2) create a dangerous condition on the street or sidewalk.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
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ORDINANCE NO. 2177
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3, OF THE CODE OF ORDI-
NANCES OF THE CITY OF COLLEGE STATION BY ADDING A NEW SUB-SECTION
"M" AUTHORIZING THE USE OF MUNICIPAL STREETS AND SIDEWALKS FOR
PUBLIC CONVENIENCES AND AMENITIES OR FOR PRIVATE USES PURSUANT TO
CHAPTER 316 OF THE TEXAS TRANSPORTATION CODE; PROVIDING FOR A
PERMITTING PROGRAM; AUTHORIZING THE ESTABLISHMENT OR MAINTE-
NANCE OF DESIGNATED IMPROVEMENTS OR FACILITIES ON MUNICIPAL
STREETS; AUTHORIZING THE CITY ENGINEER TO MAKE FINDINGS ON BEHALF
OF THE GOVERNING BODY; PROVIDING FOR REPEAL OF CONFLICTING ORDI-
NANCES, AND PROVIDING FOR PARTIAL INVALIDITY.
WHEREAS, the City of College Station, Texas, is a Home Rule Municipality, incor-
porated under the laws of Texas and as such, is vested with the exclusive control and
power over the streets, alleys, public grounds and highways of the city pursuant to
Section 311.001 of the Texas Transportation Code; and
WHEREAS, the City of College Station, Texas, may authorize the use of its streets and
sidewalks for the public conveniences and amenities or for private uses pursuant to
Chapter 316 of the Texas Transportation Code; and
WHEREAS, the City of College Station, Texas, has decided to enact this ordinance to
permit the establishment and maintenance of improvements or facilities on municipal
streets pursuant Chapter 316 of the Texas Transportation Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COLLEGE STATION,
TEXAS,
That Chapter 3, Section 3, of the Code of Ordinances of the City of College Station,
Texas, is hereby amended by adding a new Sub-section M to read as follows:
"M. USE OF RIGHTS-OF-WAY FOR PUBLIC CONVENIENCES AND
AMENITIES AND FOR PRIVATE IMPROVEMENTS AND FACILITIES
(1) Definitions
(a) "Awning" means an overhead structure made of canvas or fabric
that is stretched over a wood or metal frame that extends beyond
the exterior wall face and is removable. This definition does not
include copy or logo.
(b) "Bench" means a seating area that is placed for the convenience of
pedestrians and is located in proximity to mass transit stops or
businesses.
(c) "Bicycle Rack" means a structure designed and used for the
temporary storage of bicycles.
(d) "City" means the City of College Station, Texas, a home-rule city.
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Ordinance No. 2177 Page 2
(e) "City Engineer" means the City Engineer of the City of College
Station, Texas, or his designated representative.
(f) "City Planner" means the City Planner of the City of College Station
or his designated representative.
(g) "Facade" means an architectural treatment on the face of a build-
ing along either the front, side, or rear of a building along the right-
of-way frontage. This definition does not include copy.
(h) "Landscaping, permanent" means canopy and non-canopy trees
and shrubs as established in Section 11.2 of the City of College
Station Zoning Ordinance.
(i) "Landscaping, temporary" means perennial and flowering plants,
dwarf shrubs and ground cover.
(j) "Northgate Area" means the area bounded by Nagel Street,
University Drive, Wellborn Road and the City of College Station
City limits.
(k) "Permit Holder or Permitee" as used in this ordinance means the
person owning the underlying fee title to any real property upon
which any public street within the City of College Station corporate
limits is situated, or any association or other entity acting with a
lease or other express written permission of the said fee title
owner, to make use of the property, and who has been lawfully
issued a Right-of-Way Improvements Permit by the City Engineer.
(1) "Private Utilities" means utilities that have been extended to serve
an entity but have not been accepted by the City of College
Station.
(m) "Public Street" means the entire width between the boundary lines
of every way which is held by the City in fee or by easement or
dedication when any part thereof is open to the use of the public
for purposes of vehicular travel; provided the term public street
shall not include any designated state or federal highway or road
or any designated county road.
(n) "Right-of-Way Improvements Permit" means a permit issued by the
City Engineer to a person who qualifies for said permit under the
terms of this ordinance authorizing the construction, installation
and maintenance of improvements in right-of-way dedicated to the
City of College Station, Texas.
(o) "Roadway" means that portion of a public street which is improved,
designed, or ordinarily used for vehicular travel, exclusive of the
curb, berm, or shoulder. In the event that a public street includes
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two or more separate roadways, roadway means each such road-
way separately.
(p) "Setback Line" is as defined in Section 7 of the City of College
Station Zoning Ordinance.
(q) "Sidewalk" means that portion of a public street which is between
the curb lines, or the lateral lines of a roadway, and the adjacent
property lines and is improved and designed for or is ordinarily
used for pedestrian travel.
(r) 4Sidewalk cafe" means an outdoor dining area located on a side-
walk and containing movable tables, chairs, planters, or related
appurtenances.
(s) "Structure" means any building or portion thereof, any obstruction
that extends above natural ground grade. Excluded from this
definition are wooden fences under eight feet (8') in overall height
and masonry fences under three feet (3') in overall height.
(2) Scope
(a) The City Council of the City of College Station acting by and
through its official designated in paragraph (3) below may permit
any person owning the underlying fee title to any real property
upon which any public street within its corporate limits is situated,
or any association or other entity acting with a lease or other
express written permission of the said fee title owner, to make use
of the property, notwithstanding its being part of a public street, for
any one or more of the following improvements or facilities:
(i) the establishment or maintenance or both of trees and deco-
rative landscaping, including landscaping lighting, watering
systems, and other appurtenances for the maintenance
thereof;
(ii) the establishment or maintenance or both of sidewalk cafes;
provided that a sidewalk cafe may not be enclosed by fixed
walls and shall be open to the air, except that it may have a
canopy; provided further that a sidewalk cafe must be abut-
ting and contiguous to a restaurant in which food prepara-
tion, sanitation, and related services for the sidewalk cafe
will be performed;
(iii) the establishment or maintenance or both of ornamental
gates, columns, or other ornamental works of wood, iron,
masonry, earth, or other materials denoting the entrance to
a neighborhood or a platted and recorded subdivision;
provided that such improvements may display the name of
the subdivision or neighborhood but shall not contain any
commercial advertising or other signage;
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Ordinance No. 2177 Page 4
(iv) the establishment or maintenance or both of any supportive
or decorative columns, arches, or other structural or decora-
tive feature of any building which is fifty (50) or more years
old at the time of filing an application for a permit hereunder
and of unusual architectural design, character, or signifi-
cance or of historical value; or
(v) the establishment or maintenance or both of transit bus
shelters, drinking fountains, benches, and other related
amenities for the convenience of the public in the use of the
public streets for pedestrian or vehicular transportation.
(3) Designation of City Official Authorized to Make Findings
The City Engineer is hereby designated by the City Council of the City of
College Station, Texas, to make the findings required by law contained in
paragraph (4) below prior to the issuance of a permit authorizing the
establishment or maintenance of the improvements or facilities specified
in paragraph (2) above.
(4) Findings Required
(a) The establishment or maintenance of the improvements or facilities
may not be implemented without a finding by the City Engineer
that:
J (i) the improvement or facility will not be located on, extend
onto, nor intrude upon any portion of the roadway;
.emu) Si~H (ii) the improvement or facility will not be located on, extend
T10~ ~~F onto, nor intrude upon any portion of the sidewalk which is
needed for nedestrian use:
(iii) the design and location of the improvement or facilities
includes all reasonable planning to minimize potential harm,
injury, or interference to the public in the use of the public
street or sidewalk;
14,q 1, ~~TA(iv) the improvement or facility will not create any hazardous
condition publ street obstruction
or sidewalk. or pedestrian travel
upon the
(b) Appeal
An applicant may appeal the decision of the City Engineer to the
City Council within ten (10) days of the denial or issuance of the
permit. Failure to appeal the action shall constitute a contractual
acceptance of all conditions imposed, and a waiver of all
complaints, defects, or potential invalidity, whether under state or
federal law.
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Ordinance No. 2177 Page 5
(5) Permit Required
(a) Use Without a Permit Prohibited
It shall be unlawful for any person to install or construct or cause to
be installed or constructed, the amenities, improvements or facili-
ties established in paragraph (2) above within the public streets or
rights-of-way for within the corporate limits of the City of College
Station without first obtaining a permit issued by the City Engineer
authorizing such improvements or facilities.
(b) Prescribed Fee
The applicant or permit holder shall pay a fee for the right-of-way
improvements permit that shall be the same as that charged in
Chapter 14, Section of the City of College Station Code of Ordi-
nances as amended from time to time.
(c) The permit shall be granted and allowed to remain in force on
condition that: (1) the applicant complies with the regulations
established by the City Council and contained in paragraph (7)
below for the protection of the public and utility companies and
other persons or firms having the right to use the public street at
the site of the applicant's proposed facility; (2) the site is properly
maintained and (3) the applicant owns or is legally authorized by
the fee simple owner of land to use his land for the establishment
and maintenance of the improvements authorized by permit.
(d) Procedure for Obtaining a Permit
Application Requirements:
Any person desiring a permit authorizing the use of the public right-
of-way for the installation of improvements or facilities within the
City limits shall file an application with the Development Services
Department on a form provided by that Department. The applicant
must include the following information with the application form:
• A facility layout plan which includes the identity, and location of,
and gives the dimensions of the right-of-way and the pavement
edge or curb.
• The applicant. must locate all existing public utilities contained
within the right-of-way. The diagram must include dimensions of
the right-of-way and locate the utilities from the right-of-way or
back of the curb. The size of the utility and material from which
the utility facilities are made must be specified.
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• The applicant must locate all existing private utilities contained
within the right-of-way. The diagram must include dimensions of
the right-0f-way and locate the utilities from the right-of-way or
back of the curb. The size of the utility and material from which
the utility facilities are made must be specified.
• All signage must be located including its dimensions.
• An erosion control plan must be submitted with the application.
If there are waterway alterations proposed, a drainage report
and drainage plan must be submitted. If improvements are
proposed that will alter the drainage patterns in the area, a
drainage report and drainage plan will be required.
• Applicant must state whether there are any waterway alterations
with a drainage report (if applicable).
• Elevation drawings of signage that includes the description of
material.
• The location and type of plantings. All plantings must be
detailed by using both the scientific as well as common names.
• Describe all work to be performed including but not limited to
any electrical work, landscaping: irrigation systems, drainage
work, waterway alterations, demolition, fencing (whether wood or
masonry), signs, facades, awnings, cafe, canopy, benches, bike
racks.
• The cost, where applicable, of the proposed relocation of any
public facilities associated with the work.
• The total cost of the work.
• The total square footage of the site.
• Designate the party responsible for maintenance.
• An estimate of the future relocation of improvements.
Where applicable, the applicant must submit the following plans:
electrical, landscaping, plumbing, sealed structural details with
anchoring, attachment and material description and/or any
sealed irrigation plans.
. Identify all contractors and subcontractors including, but not
limited to, the master electrician, irrigator, landscape architect or
company, master plumber, design engineer, and/or structural
engineer.
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Ordinance No. 2177
DEVELOPMENT SVCS
(e) Inspection of Facilities
U002
Page 7
Inspections of improvements shall be requested in accordance with
the Standard Building Code as amended by the City of College
Station Code of Ordinances.
(f) Maintenance of Facilities
All improvements shall be maintained by the person designated by
the permit holder in the permit application. The improvements
shall be maintained in a reasonably safe, secure and sanitary
manner and the site shall be free of rubbish, weeds, filth or other
offensive items.
All dead plantings shall be removed and replaced annually.
(g) Construction of Facilities
Construction and installation of improvements must comply with all
provisions of this ordinance as well as with the Streetscape Stan-
dards as adopted by the City Council of the City of College Station
and established in the Streetscape Study issued in December 1992
and as amended from time to time.
(6) Removal of Facilities
The City or any utility company or other person authorized by the City
may remove all or any part of any facility for which a permit has been
issued without liability therefor in the event of a lawful need for the site or
for access thereto.
(7) Regulations
The regulations that govern the issuance and continuing validity of this
permit as follows:
(a) Permitee must comply with the construction, maintenance, opera-
tion, and inspection requirements as detailed in paragraph (5)
above.
(b) Permitee must provide indemnity agreements by abutting fee
owners, which agreements shall be covenants running with the title
of the abutting land.
(c) The applicant or permitee must provide traffic and safety studies at
his own expense if, and whenever, required by the City Engineer.
(d) This permit may be terminated at the discretion of the City.
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Ordinance No. 2177
DEVELOPMENT SVCS
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Page 8
(e) All facilities or improvements shall comply with the clearance
required from structures to utility lines as provided in the Standard
Building Code or any other applicable code as adopted or as
amended by the City of College Station Code of Ordinances.
(f) All facilities or improvements must comply with all applicable City
of College Station Codes and Ordinances in existence at the time
of construction, unless specifically prohibited by said Codes or
Ordinances.
(g) All site work, demolition and construction must comply with the
Standard Building Code as amended by the City of College Station
Code of Ordinances.
(h) All drainage and waterway work must comply with Chapter 13 of
the City of College Station Code of Ordinances and associated
Drainage Policy and Design Standards.
(i) Permanent Signage
if an identification sign is requested, a minimum of two hundred fifty
(250) landscaping points must be provided per sign. The sign may
not exceed one hundred fifty (150) square feet per sign face as
measured by an imaginary rectangle of vertical and horizontal lines
that contain all extremities of the copy and logo. The sign height
cannot exceed fifteen feet (15').
(j) All facilities and improvements must assure that there is adequate
sight clearance for traffic and pedestrian safety.
(k) The permitee shall provide a cash or surety bond in a sum suffi-
cient to cover the costs of removal of its facilities or improvements
by the City or any public utility upon terms and in an amount which
is approved by the City Engineer. The bond or surety shall be
submitted to the City Engineer upon approval of the permit but
prior to its issuance and prior to the commencement of construction
of any proposed improvements.
(1) The costs of any relocation of public or private utility facilities and
improvements within the public streets which may be associated
with the installation of any permitee's authorized facilities and
improvements shall be borne by the permitee.
(m) The City is prohibited from using any of its funds or employees for
installation or maintenance with respect to a facility operated by
permit except for inspection or removal purposes.
(n) If irrigation and/or electrical lines are to be extended across a
paved roadway, the applicant must pay a one-time fee in the
amount of Thirty-five Dollars ($35.00) per square foot of extension
09/20/00 10:37 V979 764 3496 DEVELOPMENT SVCS
Ordinance No. 2177
Page 9
area. The extension area is equivalent to three (3) times the foot
length of line to be installed under the roadway.
(o) Permitee must notify the City Engineer of any change of informa-
tion contained in the application or permit.
(p) Permitee or fee simple owner must notify the City Engineer of any
change in fee simple ownership of the property, expiration or
renewal of lease or revocation or renewal of license agreement by
fee simple owner.
(q) This permit is valid only to whom it is issued and may not be
assigned or transferred.
(r) Permitee may not modify the improvements authorized by permit.
(8) Exemptions
The City may establish or maintain, with its funds, materials, equipment,
and personnel, any of the improvements or facilities described and shall
not be required to issue a permit for any such improvement or facility
established or maintained by the City; provided, however, that the City
shall remove its improvement or facility placed by it upon any public street
if there is a lawful need for the site or for access to the site by a utility
company.
This ordinance does not require a political subdivision of this state to
obtain a permit to establish or maintain an improvement or facility author-
ized by other law.
(9) Penalty for Violations
Violations of the ordinance shall be punished in accordance with Chapter
1, Section 5 of the Code of Ordinances as amended from time to time.
(10) Invalidity
If any provision of this ordinance shall be held to be invalid, illegal or
unenforceable by a court or other tribunal of competent jurisdiction, the
validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
(11) Conflict with Other Ordinances
CA 004
That all ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed."
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Ordinance No. 2177
Page 10
If.
That the current Sub-sections "M", W. "O", "P", and °Q° of Chapter 3, Section 3, enti-
tled:
"M. Thoroughfare and Transportation Improvement Plan
N. Principal Street Projection; Payment of Assessments
0. Design Standards
P. Unusual Conditions
Q. Administration and Enforcement"
are retained in their entirety, except that the Sub-section titles are changed to read as
follows:
"N. Thoroughfare and Transportation Improvement Plan
O. Principal Street Projection; Payment of Assessments
P. Design Standards
Q. Unusual Conditions
R- Administration and Enforcement"
Ill.
This ordinance shall become effective from and after its passage in accordance with
the City Charter of the City of College Station, Texas.
PASSED, ADOPTED and APPROVED by the City Council of the City of College
Station, Texas, on this the 11th day of April, 1996.
APPROVED:
ATTEST:
CONNIE HOOKS, City Secretary
IARR yo