HomeMy WebLinkAboutORD 2007-62 - Liscense to Occupy ROW & PUE*RDINANCE NO,Aoo?�
An Ordinance Of The City Council Of The City Of Georgetown, Texas
Adding New Chapter 12.09 To The Code Of Ordinances Relating To
"License Allowing Abutting Landowners to Place Certain Structures
and Facilities in the Public Right of Way or a Public or City Utility
Easement," Providing A Penalty Clause; Providing A Severability
Clause; And Establishing An Effective Date.
WHEREAS, the City Council of the City of Georgetown desires to codify its procedures
for requesting and issuing licenses for allowable occupation of the public right of way or
a public or city utility easement by abutting landowners; and
WHEREAS, the orderly issuance of licenses facilitates the organized growth and
development of the City and the construction of improvements within the City; and
WHEREAS, establishment of procedures will assist the City and the public in timely
review and issuance of licenses as contemplated herein.
[NOW, !ORDAINED ,
GEORGETOWN,
SECTION 1 The facts and recitations contained in the preamble of this Ordinance are
hereby declared to be true and correct, and are incorporated be reference herein and
made a part hereof, as if copied verbatim. The City Council hereby finds that this
Ordinance implements the following Century Plan Policy Statements — Goals and
Strategies:
1.0 Policy Statement: "The community enjoys the benefits of well-planned land
use in which conflicting needs are balanced. "
Further, as required by Section 2.03 of the Administrative Chapter of the Policy Plan, the
City Council hereby finds that the enactment of this Ordinance is not inconsistent with
or in conflict with any other Century Plan Policy Statements.
Ordinance No. `�
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SECTION 2 New Chapter 12.09 is hereby added to the City Code of Ordinances as
follows:
Section 12.09.010. Findings of City Council.
The City Council hereby finds and determines:
(A) That the safety, health and welfare of the members of the general public will best
be served by requiring licensing and inspection, as provided in this Chapter, of all
improvements, structures, facilities, and encroachments located within a public street or
right-of-way or city or public utility easement, including, but not limited to, buildings,
piers, pools, fences, walls, patios, decks, basements, etc. (hereinafter referred to generally
as "structures and facilities"); and
(B) That there are numerous structures and facilities that were heretofore
constructed, built or placed within a public street or right-of-way or City or public utility
easement without permission or knowledge on the part of the City, which come to the
attention of the City from time to time and the placement of which should be regulated
for the purpose of assuring protection of the public safety by lawful compliance with
this Chapter and applicable provisions of the Codes adopted in Chapter 15 of the City
Code of Ordinances, as well as to regulate the use of the public streets or rights-of-way
and city or public utility easements.
Section 12.09.020. Definitions.
As used in this Chapter the following terms shall have the following meanings:
"Director" means the Director of Planning and Development Services, as defined
in Section 2.02.010 of the Unified Development Code.
"Easement" means a right of use of private property by the city or the public for
essential public services such as water, wastewater, electricity, gas, telephone or
cable services and the like; or a right of use held by the city for the benefit of the
public for access, transportation, drainage conveyance or any other purpose.
"Licensed Area" means that portion of an easement, public street, roadway,
sidewalk, easement or right-of-wav that the owner or lessee of the abutting
property desires to obtain permission to place a structure or facility on or within
the surface or subsurface thereof.
"Licensee" means any person whose original or renewal application for license
has been approved by the Director, and shall mean any person who is the holder
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111RUMATEM.,
Section 12.09.010. Findings of City Council.
The City Council hereby finds and determines:
(A) That the safety, health and welfare of the members of the general public will best
be served by requiring licensing and inspection, as provided in this Chapter, of all
improvements, structures, facilities, and encroachments located within a public street or
right-of-way or city or public utility easement, including, but not limited to, buildings,
piers, pools, fences, walls, patios, decks, basements, etc. (hereinafter referred to generally
as "structures and facilities"); and
(B) That there are numerous structures and facilities that were heretofore
constructed, built or placed within a public street or right-of-way or City or public utility
easement without permission or knowledge on the part of the City, which come to the
attention of the City from time to time and the placement of which should be regulated
for the purpose of assuring protection of the public safety by lawful compliance with
this Chapter and applicable provisions of the Codes adopted in Chapter 15 of the City
Code of Ordinances, as well as to regulate the use of the public streets or rights-of-way
and city or public utility easements.
Section 12.09.020. Definitions.
As used in this Chapter the following terms shall have the following meanings:
"Director" means the Director of Planning and Development Services, as defined
in Section 2.02.010 of the Unified Development Code.
"Easement" means a right of use of private property by the city or the public for
essential public services such as water, wastewater, electricity, gas, telephone or
cable services and the like; or a right of use held by the city for the benefit of the
public for access, transportation, drainage conveyance or any other purpose.
"Licensed Area" means that portion of an easement, public street, roadway,
sidewalk, easement or right-of-wav that the owner or lessee of the abutting
property desires to obtain permission to place a structure or facility on or within
the surface or subsurface thereof.
"Licensee" means any person whose original or renewal application for license
has been approved by the Director, and shall mean any person who is the holder
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of a revocable license provided for in this Chapter or any agent, servant or
employee of such person.
"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 has been accepted by the city, or has been opened to the use of the public
for purposes of vehicular travel; the term "public street" shall include any
designated state or federal highway or road or any designated county road
which is under the administrative control of the city for maintenance, repair, or
vehicular traffic control purposes.
"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 two or more separate roadways,
"roadway" means each such roadway separately.
"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.
"Structure or Facility" shall mean any improvement in the public right of way,
including by way of illustration and not limitation, the following: buildings,
piers, pools, fences, walls, patios, decks, basements, etc.
Section 12.09.030. Required; application; revocation.
(A) Any person who owns or leases land which abuts a public street, roadway,
sidewalk or easement or the City's right-of-way and which abutting land has been
improved with any structure or facility, all or a part of which is on the surface or within
the subsurface of a public street, roadway, sidewalk or easement or the City's right-of-
way, shall obtain a revocable license with regard to the occupancy or maintenance of the
aforesaid structures or facilities within any part of the said surface or subsurface of a
public street, roadway, sidewalk or easement or the City's right-of-way.
(B) Any person who owns or leases land which abuts a public street, roadway,
sidewalk or easement or the City's right-of-way and who desires to use or occupy any
portion of the surface or subsurface of said area by constructing any structure or facility
within such surface or subsurface area shall obtain a revocable license therefor.
(C) A base fee shall be paid for
each initial application
for
license and a fee for the
inspection of the installed facilities,
as outlined in the City's
Fee
Schedule.
(D) Any person
referred to in Section 12.10.030(A)
and (B) above shall
make a written
application on the
form approved by the Director
and thereby make
a request for a
revocable license with regard to the occupancy or
maintenance of the
portion of the
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surface or subsurface area of a public street, roadway, sidewalk or easement or the
City's right-of-way which abuts the applicant's property. The application shall contain,
in addition to other information, the following:
(1) The legal description of the property which abuts a public street,
roadway, sidewalk or easement or the City's right-of-way.
(2) A map or plat showing the area of, and describing the nature and extent
of the intended use to be made of, any portion of the surface or
subsurface of a public street, roadway, sidewalk or easement or the City's
right-of-way.
(3) An acknowledgment by the applicant.
(4) The Licensee also agrees to furnish the Director written evidence that he
has in full force and effect during all times of the building and
construction within the licensed area, public liability insurance in the
amount of not less than Two Hundred Thousand Dollars ($200,000.00)
and insurance for property damage in the sum of not less than One
Hundred Thousand Dollars ($100,000.00) covering such building and
construction.
(E) After the approval of the application, the payment of the required fee, and the
issuance of a revocable license with regard to the occupancy and maintenance of any
structures or facilities within the licensed area, under the terms and provisions of this
Chapter; the Director, or his designee, shall from time to time be authorized to make
inspections of the structures and facilities in the licensed area.
Section 12.09.040. Content and conditions of revocable license - General.
A revocable license granted by the City for use of a licensed area shall be issued
pursuant to the terms and provisions of this Chapter, which shall become a part of the
revocable license. No revocable license will be granted without the approval of the
Director.
Section 12.09.050. General conditions — Applicable to all licenses.
Upon the acceptance of any revocable license with regard to the occupancy or
maintenance of a licensed area, including revocable licenses for new construction,
remodeling or renovating, within a licensed area, the applicant and all persons in privity
with him, expressly covenant and agree to comply with the terms and provisions of this
Chapter and the following conditions:
(A) If an inspection reveals that any part of the structure or facility or other aspect of
the licensed area does not comply with applicable terms and provisions of the City Code
of Ordinances, the owner of the structure or facility shall be notified and required to
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make such repairs as are necessary in order to comply with the applicable terms and
provisions of the City Code of Ordinances. If any Licensee fails and refuses to allow the
Director, or his designee, to come upon or enter the licensed area for the purpose of
making an inspection, he may be prosecuted under the terms of this Chapter, and the
Director may revoke the revocable license for the licensed area, and such action shall be
final.
(B) The City shall have the right at any and all times upon 180 days written notice to
the Licensee, its representatives, successors or assigns, to take possession of and use all
or any part of the licensed area in the event that such use be reasonably desired or
needed by the City for street, sewer, transportation or any other public or municipal use
or purpose, and in such event, the City shall have the right to cancel the revocable
license as to that portion of the licensed area so designated and required by the City.
(C) The Licensee shall have the right at any time upon one hundred eighty (180)
days written notice to the City, to relinquish the use and possession of all or any part of
the licensed area as it may so determine and to cancel said revocable license as to that
part so relinquished.
(D) Upon the lawful termination of a revocable license issued hereunder, in
whatsoever manner such termination may be made, Licensee, assigns, successors and
representatives, bind and obligate themselves to restore the licensed area to the original
condition as it existed prior to any construction, or to fulfill any other reasonable
conditions for the restoration of the licensed area which may be acceptable to the City,
and should the Licensee, assigns, successors, or representatives fail or refuse to do so
within ninety (90) days after such termination then in that event the City may do or have
done the work necessary for such purpose at the sole cost, risk, liability and expense of
Licensee, their assigns, successors and representatives.
(E) Upon written consent of the City, acting by and through the Director, the
Licensee may, at his sole cost, risk liability and expense including public liability and
property damage insurance in the amounts specified in Section 12.010.030(D)(6) of this
Code, remove, reroute, reconstruct, lower or raise any existing utility lines, public or
private sewer lines, water lines, including storm sewers, pipes or conduits presently
located within a public street, roadway, sidewalk or easement or the City's right-of-way,
provided that before changing or interfering with any such utility lines as described
aforesaid, the Licensee shall notify the respective utility companies and the City, owning
or operating the aforesaid utility lines, concerning any and all changes, modifications,
rerouting of or any interference whatsoever with the aforesaid utility lines, pipes or
conduits. Any necessary changes, modifications, rerouting or interference with the
aforesaid utility lines, pipes or conduits shall be done under the direction of the
representatives of the respective utility companies or the City, as the case may be.
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(F) After the completion of any construction within a licensed area under the terms
of a revocable license granted hereunder, should the City desire to lay or construct its
utility lines, including sewer lines, water lines, or any other pipes, or conduits under,
across, or along said streets within its right-of-way, any and all additional cost for the
laying or construction of the aforesaid utility lines, including pipes and conduits, within
said street or right-of-way, which may occur by reason of the existence of said
construction, shall be paid to the City by the said Licensee, his assigns, successors and
representatives.
(G) Solely as between the City and the Licensee, and not for the benefit of any other
person, the Licensee, by acceptance of such revocable license, hereby waives any claim
he, or any heirs, successors or assigns might have for damages for loss of lateral support
to any other improvements hereby contemplated which loss of lateral support might be
occasioned by any improvements which the City, its assigns, grantees, or licensees
might install or construct.
(H) The Licensee, or his successors, assigns, or representatives, by the acceptance of
such revocable license, agree, obligate and bind himself or itself to indemnify and does
hereby indemnify and hold and save forever harmless solely the City, any of its
agencies, and any person, from all liability, cost or damage on account of Licensee's use,
occupancy and maintenance of any part of a public street, roadway, sidewalk or
easement or the City's right-of-way and the structures and facilities therein, including by
way of example, but not by way of limitation, any buildings, piers, fences, pools, walls,
patios, decks basements, etc, constructed on the surface or the subsurface of any public
street or right-of-way. This indemnity shall continue in force and effect during the
existence of any revocable licenses issued under the provisions of this Chapter.
(I) No transfer or assignment of any revocable license granted under the terms and
provisions of this Chapter shall be effective unless and until:
(1) The Licensee has, in writing, advised the Director of the name and
mailing address of the transferee or assignee; and
(2) The transferee or assignee has furnished the Director its written
agreement to assume and perform all of the duties, covenants and
obligations of the revocable license;
and, thereupon, each provision of the revocable license shall be binding upon, and inure
to the benefit of, the transferee or assignee of the Licensee.
(J) The breach or violation of any one of the terms, provisions, or conditions set
forth in this Chapter shall be sufficient to constitute grounds for the cancellation and
forfeiture of the revocable license granted under the authority of this Chapter. Any such
cancellation and forfeiture may be exercised upon twenty (20) days w=ritten notice by the
City to the Licensee, a representative or successor, unless, at the expiration of such time,
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any such violation or breach has ceased or the Licensee is proceeding with all diligence
and good faith to remedy any such violation or breach and thereafter continues without
delay with such remedial work or correction until such violation or breach has been
completely remedied, and, any person violating any of the provisions of this Chapter
may be prosecuted as provided herein.
Additional conditions — Applicable to new, remodeling or renovating construction.
If any person or the owner of land abutting a public street, roadway, sidewalk or
easement or the City's right-of-way reveals by his application for a building permit or
other authorization of the City that any never, remodeling or renovating construction is
desired to be made within any part of a public street, roadway, sidewalk or easement or
the City's right-of-way, the requested revocable license will be reviewed for compliance
with the terms and provisions of this Chapter, and in addition, be subject to the
following conditions:
(K) The proposed use of a public street, roadway, sidewalk or easement or the City's
right-of-way by any person or the abutting land owner shall not interfere with the City's
lawful use thereof.
(L) The proposed construction within a public street, roadway, sidewalk or
easement or the City's right-of-way shall be in accordance with the City's Construction
Standards, Unified Development Code, and any other applicable ordinances and
regulations.
(M) At all times during the construction and building of any structure within a public
street, roadway, sidewalk or easement or the City's right-of-way:
(1) the street or highway
shall be kept open for vehicular
and pedestrian
traffic in a
reasonable
manner and no obstruction of
the
sidewalks shall
be allowed
in such a way
as to prevent the use thereof
by
pedestrians;
(2) dirt and other material removed from the building and construction of
any such structure within a public street, roadway, sidewalk or easement
or the City's right-of-way shall not be allowed to remain on the street or
sidewalk, but all such dirt and other materials shall be removed
immediately at the sole cost, risk, liability and expense of Licensee;
(3) all excavations and obstructions of any kind where allowed during the
period of Licensee's construction, shall be properly barricaded, and well
illuminated during the night time, all subject to the approval of the
Building Official.
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(N) After the completion of the construction within a licensed area, the Licensee shall
at his own cost and expense replace any sidewalks and surface of any streets that were
damaged or removed in the construction of any structures or facilities in a condition
equally as good as they were immediately prior to the time of excavation or
construction, and all of such sidewalks and streets shall be maintained in a good and
useable condition for one year after said sidewalks or streets have been replaced, all
subject to the approval of the Director. All damage, if any, to said sidewalks and streets
caused by the construction, use, maintenance and. operation by Licensee shall be
repaired by and at the cost and expense of the Licensee. In the event Licensee fails or
refuses to proceed with diligence with the performance of any work in connection with
the replacement, rebuilding or resurfacing of streets and sidewalks within thirty (30)
days after receiving written notice from the Director, the City may do such work or
cause same to be done, all at the sole risk, cost, liability and expense of Licensee.
(0) The Licensee, or his successors, assigns or representatives agree, obligate and
bind himself or itself to indemnify and does hereby indemnify and hold and save
forever harmless the City, from all liability, cost or damage on account of the
construction within a public street, roadway, sidewalk or easement or the City's right-of-
way, or on account of using, occupying, preparing, maintaining and operating any such
improvements therein.
Section 12.09.060. Intent of Chapter.
It is the intention of the City Council by the enactment of this Chapter to lawfully
regulate the surface and subsurface use and occupancy of public streets and rights-of-
way by abutting land owners and their lessees, and establish an inspection fee, in
accordance with the City's general power of control and regulation of public streets and
highways as provided by law; however, this Chapter shall not be construed as an
assertion by the City of any property rights in derogation of abutting land owner's fee
simple title and rights incident thereto, in those cases where the City does not own the
fee simple title.
Section 12.09.070. Penalty.
Any person who violates any of the provisions of this Chapter shall be guilty of an
offense and upon conviction thereof shall be punished as provided by Section 1.08.010 of
this Code. Each and every day that any such violation continues shall constitute a
separate offense and shall be punishable as such.
SECTION 3 All
Ordinances and Resolutions, or parts of
Ordinances and
Resolutions
that are in conflict
with this Ordinance are hereby
repealed,
and no longer in
effect.
SECTION 4 If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or applications thereof, of this Ordinance which can be given effect without the invalid
Ordinance No.
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provision or application and to this end the provisions of this Ordinance are hereby
declared to be severable.
SECTION 5 The Mayor of Georgetown is hereby authorized to sign this Ordinance
and the City Secretary to attest. This Ordinance shall become effective and be in full
force and effecting accordance with the terms of the City Charter.
PASSED AND APPROVED on First Reading on the 11th day of September 2007.
PASSED AND APPROVED on Second Reading on the 25th day of September 2007.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
Ordinance No.
THE CITY OF GEORGETOWN:
Mayor
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