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Home My WebLink About87-2688ORDINANCE NO. 87-2688 AN ORDINANCE AMENDING CHAPTER 28, STREETS AND SIDEWALKS OF THE PLAINVIEW CITY CODE DEFINING TERMS; 'PROVIDING FOR PROHIBITED ACTIVITIES AND USES ON PUBLIC RIGHTS OF WAY; PROVIDING -~FOR USE AND CARE OF PUBLIC RIGHT-OF-WAY; PROVIDED FOR LICENCES TO ENCUMBER PUBLIC RIGHT-OF-WAY; PROVIDING FOR A PENALTY AND SEVERABILITY CLAUSE; AND PROVIDING FOR EMERGENCY PASSAGE. WHEREAS, the City Council of the City of Plainview, Texas desires to encourage and provide for orderly, safe, and healthful development of areas within the City; and WHEREAS, the City Council of the City of Plainview, Texas finds it to be in the best interest of the citizens of the City to provide for prohibitions and licensing procedures to protect the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF PLAINVIEW, TEXAS: CITY THAT Chapter 28 of the Plainview City Code follows: be amended as ARTICLE I. IN GENERAL. Section 28-8 Obstruction of Public Ways. (A) Definitions (1) (2) (3) Alley: a minor way which is used primarily for installation of public utilities and for~vehicular serviCes access ~to the back side or the side of the property otherwise abutting the street. City: City of Plainview, Texas. Easement: a right held by the City to be used for access, drainage, or the placement of utilities such as, but not limited to, water, sewer, gas, telephone, cable television, and electrical lines. (4) Riqht-of-way: any str~p or-area of land including, surface, overhead or air space, or underground or subsurface space which is used or intended to be used or dedicated to be used wholly or in part as a public street, alley, or as the location of public walkways and utility or drainage facilities or installations. (5) Sidewalk: the'concrete or asphalt surfaced portion of a street between either the curb line or rOadway and the adjacent property line intended for pedestrian use. 1 of 4 (6) Street: the.entire width between the boundary lines of every way, other than an alley, publicly maintained when any part of it is opened to-the public for vehicular use. (7) Other Definitions: definitions not expressly described herein are to be determined in accordance with customary usage in municipal planning~and engineering practices. (B) The following activities, uses, conditions, or occurrences on public right-of-way shall:be deemed unl'awful: (1) The operation of any machinery having tracks, feet, or pulling lugs over or along any paved Streets or Alleys. (2) The hauling of gravel, brick, sand, concrete, ready mix concrete or mortar in such a manner to scatter or waste these substances onto' any Streets, Alleys, or Sidewalks, (3) To drop, spill, or allow to leak out of any tank or vessel, whether connected with a motor vehicle or otherwise, any gasoline or other oil or petroleum base substance on to any Street, Alley, or Sidewalk. (4) The discharging of any odorous water, sewage, waste water, waste oils, kitchen grease, kitchen slop water, mop water, or other offensive or hazardous substance onto any public right-of-way. (5) To display and sell goods, wa~es, 6r merchandise or to serve or permit to be served any kind of food or drinks in or upon any Street, Sidewalk, or Alley. (6) To place, locate, store, construct, install, or maintain any structure, building, object, vehicle, device, fence, wall or-other material on or within any Public Right-of-way. Trees and other living, domesticated vegetation located within the parkway area of a paved Street and mailbbxes are exempt from this requirement. (7) To cast, place, or store any animal, offal, garbage, trash, refuse, or debris into or upon any Street, Alley, Sidewalk, Street .gutter or other public right-of-way. (C) It shall be unlawful to construct or place any temporary or permanent structure within, on, orover any public utility or drainage Easement except for utilities or other facilities associated with drainage. The property owner may place removable section type fencing, asphalt .or concrete paving-, or landscaping within any dedicated public utility Easement. The City of Plainview or franchised utility of the City shall not be required to replace anything that must be removed during the course of maintenance, construction or reconstruction within any public utility or drainage Easement. 2 of 4 (D) The following shall control the consideration of requests encumbrances on over under, or through public rights-of-way. (2) for granted only by license and every Grantee of a license shall agree to indemnify and hold the City of Plainview harmless from any and all damages to persons or property, or both, arising in any way out of the use of the licensed premises. Each person applying for a license shall pay an application fee of TWO HUNDRED DOLLARS ($200.00) to cover the expenses of the processing costs associated therewith. The applicant is responsible for the establishment of the fair market value in the areas of consideration for license. Fair market value shall be established by a competent appraiser and in accordance with customary practices in real estate appraisal No individual, person, firm, or corporation shall be granted a license for an encumbrance of the public right-of-way that would aversely affect the public health, safety, or welfare of the citizens of the City of Plainview. (3) A licensee shall pay a license fee depending upon the amount of right-of-way encumbered as set out below. In no event shall a license fee be less than TWO HUNDRED FIFTY DOLLARS ($250.00) for a period of one year. (a) For a private license authorizing a surface encroachment at the sidewalk level, the annual license fee shall be 7% of the fair market value times the square footage of encumbrance. (b) For a private license authorizing an air space encroachment above the sidewalk level, the annual license fee shall be 7% of the fair market value times the square footage of encumbrance. (c) For a private license to encumber subsurface area, the annual license fee shall be 2% of the fair market value times the square footage of encumbrance. (4) (5) Any individual, person, firm or corporation wishing to encumber the public right-of-way in any manner shall submit a license application to the Director of Municipal Services. Upon receipt of such application the Director of Municipal Services shall forward the request to the City Manager for approval. Any license granted hereunder shall be drafted or approved by the City Attorney. 3 of 4 (6) (7) In the event any individual, firm, person, or corporation is denied a license, he. shall have th~ right to appeal such denial to the City Council by fieli~g a written notice of appeal with the City:Secretary no later than five (5) days from his receipt of notice of the denial of his request. ~ The City Council shall hear the applicant's request within 30 days of nQtice of appeal and shall determine whether or not to uphold the denial or to grant the request as presented or ito modify.it. ($) In the event of any conflict between the provision of the provisions of this section and any other provision of the PlainView City Code or Other ordinances, this section shall control. (F) Any person, individual, firm, or corporation found guilty of violating any of the provisions of this article shall be a misdemeanor and subject to a fine not to exceed two hundred dollars ($200.00) and each and every day that a provision of this article is violated shall constitute a separate offense. (G) If any section, paragraph, sentence, clause, phrase, or word within this article, is hereby declared to be void, invalid, or unconstitutional, sUch unconstitutionality, voidness, or invalidness shall not affect any of the remaining sections, paragraphs, sentences, clauses phrases, or words of this article, The necessity to protect the public rights-of-way creates an emergency and it is an imperative public necessity that more than one reading thereof he, and the same is hereby suspended; this ordinance shall be passed and take effect as an emergency measure and shall be in full force and effect from and after its passage as provided by law, and it is so ordained. APPROVED this the day of , 1987. E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, City Secretary APPROVED AS TO FORM: David Blackburn, Assistant City Attorney 4 of 4 APPLICATION FOR LICENSE TO ENCUMBER PUBLIC' RIGHTS-OF-WAY The attached form is your application for~the City of Plainview consideration to aliow the encumbrance of public rights-of-way or easements, rIf tb~equest is approved, a License and Hold Harmless Agreement is prepare~ which shall comply with the Plainview City Code. This Section controls the consideration of requests for encumbrances on, over, under, or through public rights-of-way. The requirements are as follows: The right to encumber the Public Right-of-way may be granted only by license and every Grantee of a license shall agree to indemnify and hold the City of Plainview harmless from any and all damages to persons or property, or both, arising in any way out of the use of the licensed premises. Each person applying for a license shall pay an application fee for TWO HUNDRED FIFTY DOLLARS ($250.00) to cover the expenses of the ~rocessing costs associated therewith. The applicant is responsible for the establishment of the fair market value in the areas of consideration for license. Fair market value shall be established by a competent appraiser and in accordance of customary practices in real estate appraisal. (B) No individual, person, firm, or corporation shall be granted a license for an'encumbrance of the public right-of-way that would adversely affect the public health, safety, or welfare of the citizens of the City of Plainview. (c) A licensee shall pay a license fee depending upon the amount of right-of-way encumbered as set out below. In no event shall a license fee be less than TWO HUNDRED FIFTY DOLLARS- ($250.00) for a.period of one year. (l) For a private license authorizing a surface encroachment at the sidewalk level, the annual license fee shall be-7% of the fair market value times the square footage of encumbrance. (D) (2) For a private license authorizing an air space encroachment above the sidewalk level, the annual license fee shall be 7% of the fair market value times the square footage. (3) For a private license to encumber subsurface area, · the annual license feel shall be 2% of the fair market value times the square footage of encumbrance. Any individual, person, firm, or corporation wishing to encumber the public right-of-way in any manner shall submit a license application to the Municipal Services Department. Upon receipt (and normal City department and utility company review) of such application, the Director of Municipal Services shall forward the request to the City Manager for approval. (E) (F) (G) Any license granted hereunder shall be drafted or approved by the city Attorney's office. In the event any individual, firm, person, or corporation is denied a license, he shall have the right to appeal such denial to the City Council by f~tin~ a written notice of appeal with the ~cit~ SeCretary no'hater than five (5) .days from his receipt of notice of the denial of his request. The City Council shall hear the applicant's request and shall determine whether or not to uphold the denial or to grant the request as presented or to modify it. APPLICATION FOR LICENSE TO ENCUMBER PUBLIC RIGHTS-OF-WAY MUNICIPAL SERVICES DEPARTMENT P.O. BOX 1870 PLAINVIEW, TEXAS 79073 806-293-4171 DO NOT WRITE IN THIS SPACE APPLICATION FEE PAID: DATE RECEIPT NO. CASE NO. DATE: 19 EXPLANATION TO APPLICANT: This is the applicatiOn for consideration public rights-of-way. This application follows: of approval to encumber shall be processed as Completion of application and submission of required application fee of Two Hundred Fifty Dollars ($250.00). Submission of metes and bounds legal description of property requested fo~ encumbrance, twelve (12) copies Df a site plan detailing the proposed right-of-way encumbrance and twelve (12) copies of a section profile plan depicting the method or details of the encumbrance installation. This application, legal description, associated plan documents, and application fee-must be submitted to the Municipal Services Department. The applicant must obtain a fair market appraisal of property proposed for encumbrance. The application fee is nonefundable, and may not be applied to the cost of the annual license fee. After review by specific City departments and local utility companies, the application will be forwarded to the City Manager for final consideration. If the City Manager approves the request, the applicant is immediately responsible for payment of the required annual license fee. In signing this application, understanding of the Plainview conditions expressed above in rights-of-way. the applicant acknowledges Code of Ordinances and the regards to obstructions of full other public APPLICANT(S) ADDRESS PHONE NO· APPLICATION INFORMATION (Please print or type) APPLICANT NAME ADDRESS PHONE NO.~ FIRM, CORPORATION, OR BUSINESS NAME BUSINESS ADDRESS TYPE OF OBSTRUCTION REQUESTED: Surface PHONE NO. Subsurface Air space LEGAL DESCRIPTION OF OBSTRUCTION PROVIDED? NATURE OF OBSTRUCTION PURPOSE OR REASON FOR OBSTRUCTION PROPOSED DURATION OF OBSTRUCTION ADDITIONAL INFORMATION TO SUPPORT APPLICATION 1/27/87