HomeMy WebLinkAboutORD 2021-10 - License to Encroach ProgramORDINANCE NO. _ ZUZ 1 I D _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, AMENDING ORDINANCE NO. 2020-58
EXTENDING THE DURATION OF A TEMPORARY LICENSE TO
ENCROACH PROCESS FOR EXPANDED DOWNTOWN SEATING AND
RETAIL AREAS WITHIN CITY RIGHT OF WAY AND PARKING AS A
RESULT OF THE COVID 19 PANDEMIC; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY
CLAUSE; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the COVID 19 pandemic has resulted in social distancing requirements and
reduced capacity limits adversely affecting downtown businesses; and,
WHEREAS, a temporary program was established by Ordinance No. 2020-58 which
allowed downtown businesses to utilize certain adjacent parking spots to provide extended retail
and dining service areas to help support the downtown businesses during the pandemic and
promote the health and safety of the City's residents;and,
WHEREAS, though that temporary program expired on December 31, 2020, and all
such licenses issued thereunder will expire on January 30, 2021, the COVID 19 pandemic is
ongoing and the adverse effects on local businesses and public health continue.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 3. The 2020 Downtown Temporary License to Encroach Program is hereby
continued until May 31, 2021.
Section 4. Authority to issue Downtown Temporary License to Encroach is delegated
by City Council as follows:
A. The City Manager or the City Manager's Designee is authorized to issue a
temporary license to encroach to businesses to allow use of certain street parking
for extended food/drink service areas or retail service areas pursuant to the
requirements of this Ordinance.
B. All other improvements in or uses of a public right-of-way not specified in this
Ordinance may only be approved as specifically provided by other ordinances or
Ordinance Number: ?-.C)7 l -- t t> Pagel of 5
Description: Extension of Downtown Temporary License to Encroach Program
Date Approved: Rbn&0AA 2021
by the City Council, subject to applicable laws.
C. A Temporary License to Encroach issued under this Ordinance is a revocable
grant of a privilege and is not a property right, nor conveyance of an interest in
real property.
Section 5. The following requirements shall apply to all Downtown Temporary License
to Encroaches.
A. Locations allowed. Downtown Temporary License to Encroaches may only be
issued for existing, marked parking spaces within the following rights of way: 7th,
8th, and 9th Streets between Rock and Church Streets; and Rock, Main, and
Church Streets between 7th and 9th Street. A license shall only be granted for the
areas in the right-of-way that abuts any face of the business premises, unless a
business owner has obtained the written consent of a business that is an
immediate neighbor of said business.
B. Permitted Uses. Downtown temporary licenses to encroach may only be granted
for an extension of on -premises services, and all food and drink service in license
areas must comply with all applicable regulations.
C. Uses and improvements not allowed. No downtown temporary license to encroach
may be granted for:
1. any building or structure requiring a building permit; or
2. any use or improvement requiring permanent alteration to the right of way
including but not limited to bolting or securing improvements to the right
of way or the removal of paint, a markings, surface treatment or any other
City property or improvement; or
3. any improvement, facility or use, the installation or allowance of which
would:
a. result in interference with marked ADA parking or any other
applicable local, state or federal health or safety law or regulation;
b. unduly interfere with the free passage of vehicles on the street or of
pedestrians on the sidewalk;
C. create a traffic hazard; unduly interfere with the safe and efficient
operation of a utility facility;
d. create undue adverse impacts on adjacent property owners and
businesses; or
e. block the sight visibility triangle at an intersection; or.
f. require the relocation of any utility or utility facility.
D. General requirements for all downtown temporary licenses to encroach. A license
applicable to permitted uses and improvements allowed under this Ordinance,
shall include, as applicable:
1. all technical standards and specifications developed to implement this
Ordinance including the following:
Ordinance Number: 2oZ, ► - � p Page 2 of 5
Description: Extension of Downtown Temporary License to Encroach Program
Date Approved; 144gvr6towo . 2021
a. Minimum distance from roadway intersections
b. Minimum distance from intersections of driveways with public
rights of way
C. Minimum distance from travel lanes
d. Maintenance of the license areas including removal of refuse/waste
and abatement of nuisances
2. terms and restrictions necessary to protect public use of the public right-
of-way or the facilities and access needs of a public or private utility
provider;
3. specifications for required clearances between the improvements and
utility facilities, whether above ground, underground or overhead, as
prescribed by applicable building and health and safety codes, franchise
agreements or state or federal laws;
4. authorization for the city or a utility provider to remove, without liability,
all or part of the improvements, if necessary, to obtain access to an
affected utility facility;
5. provisions approved by the City Attorney that require the licensee to
indemnify, defend, hold harmless and release the City, its officers, agents,
and employees from any and all claims, losses, damages, causes of action,
suits, and liability of every kind, including all expenses of litigation for
injury or death of any person, or for damage to any property, arising out of
or in connection with licensee's use of public right-of-way;
6. a provision specifying that the term or expiration date of the license shall
not exceed August 31, 2021;
7. a provision for termination of the license for violation of its terms, subject
to notice of the violation and an opportunity to cure the violation within
ten (10) calendar days after receipt of the notice, except that violation of
the expiration date shall be addressed immediately;
8. a provision for termination of the license by the city without recourse
before the end of the license term when necessary to implement a capital
improvements or utility project, to address threats to public health or
safety, or to mitigate adverse impacts to adjacent property owners and
businesses caused by the improvement or use for which the license is
granted;
9. a provision providing for the prompt removal of all improvements or
cessation of uses upon termination of the license at the Licensee's expense,
including the right of the City to remove improvements upon failure of the
Licensee to do so and to recover the city's cost for such removal; and
10. COVID-19 Requirements. All licensees shall have read and shall follow
the protocols, practices, and guidelines, as applicable to their business,
specified in the Governor's Executive Orders and Local Emergency
Orders, and any potential amendments. Violations of this section shall
result in the licensee receiving a verbal warning and an opportunity to
comply with this section. If a second violation occurs, the license may be
Ordinance Number: 07—, Page 3 of 5
Description: Extension of Downtown Tem orary License to Encroach Program
Date Approved: 1.Q,b OACLARA W1 , 2021
revoked immediately and the improvements may be removed.
Section 6. The following insurance requirements shall apply to all Downtown
Temporary License to Encroach.
A. Insurance for Downtown Temporary License to Encroach
1. No downtown temporary license to encroach shall be granted
unless the licensee files with the City Manager or City Manager's
Designee a certificate of liability insurance or other proof of
insurance in a form acceptable to the City confirming that the
applicant has procured the general liability insurance, alcohol
service insurance if applicable and worker's compensation
required by this section. If the policy is not kept in full force and
effect throughout the term of the license, the license shall
automatically become void and the improvements must be
removed at that time.
2. Minimum coverages. Licensee must maintain the
following minimum coverages:
a. The general liability insurance shall provide coverage in an
amount of not less than $1,000,000.00 for each single
occurrence, and $2,000,000.00 aggregate.
b. If applicable, alcohol service insurance coverage in amount
not less than $1,000,000.00.
C. Worker's compensation coverage in an amount of not less
than $500,000.00.
3. The insurance policy shall be issued by an insurance company
authorized to do business in the state. The policy shall provide in
substance that the insurer will defend against all claims and
lawsuits which arise and will pay any final judgment of a court of
competent jurisdiction against the city, its officers, agents or
employees. The minimum amounts of insurance coverage may be
increased by the city when it is in the best interest of the public.
The policy of insurance shall name both the licensee and the city as
insured parties to the full amount of the policy limits.
Section 7. An application for a downtown temporary license to encroach under this
ordinance must be filed with the department designated by the City Manager on a form approved
by the City Manager or the City Manager's Designee
Section 8. In addition to any other remedies and penalties that may be pursued for a
violation of this ordinance, the City Manager or the City Manager's Designee may revoke a
license issued under this article to a licensee that commits a violation under this section.
Ordinance Number: 2 -C ► - 10 _ Page 4 of 5
Description; Extensi n of Downtown Temporary License to Encroach Program
Date Approved: 1 2021
Section 9. All ordinances and resolutions or parts of ordinances and resolutions that are
in conflict with the provisions of this Ordinance are repealed to the extent of the conflict and all
other ordinances of the City not in conflict with the provisions of this Ordinance shall remain in
full force and effect.
Section 10. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This Ordinance shall become effective in accordance with the provisions of the Charter
of the City of Georgetown, and shall remain in effect until May 31, 2021.
PASSED AND APPROVED on First Reading on the day of —A- 2021.
PASSED AND APPROVED on Second Reading on the �day of F4rU4,ru 2021.
ATTEST:
THE CITYDF GEORGETOWN
By:
Robyn De smore, City Secretary
APPROVED AS TO FORM:
Skye ass n, City Attorney
Ordinance Number: aZ'I —I D Page 5 of 5
Description: Cxtensi f Downtown emporary License to Encroach Program
Date Approved: 2021