HomeMy WebLinkAbout87-2688 ordDENIED 2/10/87
ORDINANCE NO. 8'7-2688
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 ~%SSAGE.
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 UPHE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS:
THAT Chapter 28 of the Plainvie%~ City Code be amended as
follows:
ARTICLE I. IN GENERAL.
Section 28-8 Obstruction of Public Ways..
(AD Definitions
(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)
Ri~ht-of-way: any strip 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.
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(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 unlawful:
(l)
The operation of any machinery having tracks, feet, or
pulling lugs over or along any paved Streets or Alleys.
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, A]Lley, 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 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 mailboxes are exempt from this requirement.
(6)
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, or over 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.
(D) The following shall control the consideration of requests
encumbrances on, over, under, or through public rights-of-way.
for
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 licensed
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(2)
(3)
(4)
(5)
(6)
premises. Each person applying for a license shall submit
a non refundable deposit of Two Hundred Fifty Dollars
($250.00) to cover the expenses of the processing costs
associated therewith. The total deposit shall be credited
toward the issuance of the first year license fee, should
the applicant be approved for a license. The applicant is
~esponsible 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 encu~mbrance of the public
right-of-way that would adversely affect the public
health, safety, or welfare of the citizens of the City of
Plainview.
No license shall be issued or granted for an encumbrance
of the public right-of-way for less than a three (3) foot
width.
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.
Said license fee for each licensee shall be subject to
annual review by the City Council.
The total deposit shall be credited toward the license fee
for the issuance of the first year of a license should
such be granted. Any individual, person, firm or
corporation wishing to encumber the public right-of-way in
any manner shall submit a license application and required
deposit to the Director of Municipal Services. Upon
receipt and normal review by various City department and
public utility companies of such application the Director
of Municipal Services shall forward the request to the
City Manager for approval.
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(7)
(8)
Any license granted hereunder shall be drafted or approved
by the City Attorney.
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 filing a written notice
of appeal with the City Secrel~ary no later than five (5)
days from his receipt of notice of the denial of his
request.
(E)
(9)
The City Council shall hear the applicant's request within
30 days of notice of appeal and shall determine whether or
not to uphold the denial or to grant the request as
presented or to 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 deemed guilty of 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.
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
APPROVED this the
ATTEST:
SHERYL OWEN,
APPROVED AS T(
zs so ordained.
day , 1987.
E.V.
, Mayor
.!
rney
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APPLICATION FOR LICENSE TO
ENCUMBER PUBLIC RIGHTS-OF-WAY
The attached form is your application for the City of Plainview
consideration to allow the encumbrance of public rights-of-way or
easements. If this request is approved, a License and Hold Harmless
Agreement is prepared which shall co~ly 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:
(A)
(c)
The right tc 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
deposit a non refundable application fee for TWO HUNDRED
FIFTY DOLLARS ($250.00) to cover the expenses of the
processing costs associated therewith. The total deposit
shall be credited toward the license fee for the issuance
of the first year of a license should such be granted.
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.
The minimum width request for an encumbrance upon public
right-of-way shall be three (21) feet.
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.
(D)
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 ($250.00) for a period, of one year.
(l)
For a private license authorizing a surface
encroachment at the sidewalk level, the annual license
fee shall be 7% of the fair market value times the
square footage of encumbrance.
(2)
(3)
For a private license authorizing an air space
encroachment above the sidewalk level, the annual
license fee shall be 7% of the fair market value
times the square footage.
For a private license to encumber subsurface area,
the annual license feel shall be 2% of the fair
market value times the square footage of encumbrance.
(E)
Said license fee for each licensee shall be subject to
annual review by the City Council.
(F)
Any individual, person, firm, or corporation wishing to
encumber the public right-of-way in any manner shall
submit a license application ~zo the Municipal Services
Department. Upon receipt (and normal City department and
utility company review) of such application, the Director
of Municipal Services shall forward the request to the
City Manager for approval.
(G)
Any license granted hereunder shall be drafted or approved
by the City Attorney's office..
(H)
In the event any individual, firm, person, or corporation
is denied a license, he shall have the right to appeal
such denial to the City Council by filing a written notice
of appeal with the City Secretary no later than five (5)
days from his receipt of notice of the denial of his
request.
The City Council shall hear the applicant's request and
shall determine whether or not to uphold the denial or to
grant the request as presented or to modify it.
APPLICATION FOR LICENSE TO
ENCUMBER PUBLIC RIGHTS-OF-WAY
~NICIPAL SERVICES DEPARTMENT
P.O. BOX 1870
PLAINVIEW, TEXAS 79073
806-293-4171
DO NOT WRITE IN T~I$ SPACE
APPLICATION FEE PAID:
DATE
RECEIPT NO.
CASE NO. DATE: 19
********************************************************************
EXPLANATION TO APPLICANT:
This is the application for consideration of approval to encumber
public .rights-of-way. This application shall be processed as
follows.
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 for encumbrance, twelve (12) copies of
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 will 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 any additional
amount required to cover the cost of the 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
FIRM, CORPORATION, OR BUSINESS NAME
PHONE NO.
BUSINESS ADDRESS
PHONE NO.
TYPE OF OBSTRUCTION REQUESTED:
Surface_ SubsurfaceAir 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