The purpose of this article is to aid in the management of public
rights-of-way and public property in a nondiscriminatory and competitively
neutral manner and to be sure that the city can fairly and responsibly
protect the public health, safety and welfare and effectively manage
its rights-of-way and public property as a vital public resource.
(Ordinance 1573 adopted 4/9/13; Ordinance 1594 adopted 10/22/13)
The City of Kilgore, Gregg County and Rusk County, Texas,
a duly incorporated municipality.
The governing body of the City of Kilgore.
A natural person (an individual), corporation, company, association,
partnership, film, limited liability company, joint venture, joint
stock company or association, cooperative, utility, public utility,
retail public utility, district, water supply corporation, political
subdivision and other such entity.
The area on, below, above or adjacent to any non-right-of-way
property in which the city owns or has an interest including any and
all buildings, lots and other real estate interest owned by the city.
The area on, below, above or adjacent to a public roadway,
highway, street, public sidewalk, alley, waterway, or utility easement,
in which the city has an interest, whether present or future.
Any and all use in any way of the public rights-of-way or
public property, including but not limited to the placement of equipment,
structures, plants and appurtenances placed in, on, over or under
the public rights-of-way or public property including wires, cables,
pipelines, balconies, planters, fences, signs, and any and all other
structures, whether temporary or permanent.
(Ordinance 1573 adopted 4/9/13; Ordinance 1594 adopted 10/22/13)
(a)
Anyone
other than city franchisees desiring to use a portion of public right-of-way
or public property for a private business or personal use must first
obtain a right-of-way use license, easement, or similar permission
from the city.
(b)
Applications
for use of public rights-of-way or public property use that are permanent
in nature, and for public right-of-way or public property use licenses
that are temporary or for a limited number of years, shall be filed
with the city clerk. Such applications must include a drawing of the
location, description of the type of use, length of time needed, and
payment of the application fee.
(c)
Requested
uses of public rights-of-way and public property that are permanent
in nature shall require approval of the city council.
(d)
Applications
for public right-of-way or public property use licenses that are temporary
or for a limited number of years shall be filed with the city clerk
but will require approval by the city building inspector or designee.
If the city building inspector designee determines that the circumstances
or length of time of a proposed use are such that city council review
is desirable, the city building inspector or designee may submit the
request to the city council for approval.
(e)
Fees for applications filed with the city clerk pursuant to subsection (d) above shall be set in the city’s fee schedule.
(f)
Any person aggrieved by the granting or denial of an application by the city building inspector or designee under subsection (d) may appeal the action within ten (10) days from the date of action to the city manager.
(g)
Other fees.
The city manager may recommend that additional
fees be charged due to unusual circumstances such as the nature of
the request, length of time requested, or extent of review necessary.
(h)
Anyone
desiring to use a portion of public right-of-way or public property
for any reason must apply to the city clerk. The application shall
contain the following:
(1)
Name and address of applicant and/or property owner who will benefit
from the closure.
(2)
Whether the requested use will be temporary or permanent.
(3)
Purpose and duration of closure.
(4)
Estimated number of persons utilizing the requested use.
(5)
Names and addresses of adjacent property owners or tenants who may
be affected by the closure and any contacts made by applicant.
(6)
Alternatives to street or sidewalk closure, if requested.
(7)
Anticipated damage to streets, curbs, sidewalks, etc., as a result
of the use.
(8)
Statement of availability of general liability insurance with city
as co-insured.
(i)
The police, fire, and street departments shall be notified of any temporary closure of any street approved under subsection (h) via email or other means.
(j)
Any
person aggrieved by the granting or denial of an application for use
of public right-of-way or public property by the city clerk or designee
may appeal the action within ten (10) days from the date of action
to the city manager.
(k)
Exceptions.
(1)
Food service businesses.
Permitted food service businesses
in the designated Main Street area may use the sidewalk for placement
of outdoor dining furniture. Furniture, umbrellas or overhangs must
be placed within the boundaries of the building’s facade frontage
and must be kept on the street side of the sidewalk. The furniture,
umbrellas, or overhangs may take up no more than 50% of the sidewalk
area and must allow sixty (60) inches of passing clearance for ADA
compliance. All furniture must be kept in a neat and well-maintained
condition. Permits must be obtained from the Main Street Program manager
or his/her designee and renewed January 1st of each year.
(4)
City parks.
Except as provided for herein, use of city parks are governed by this code, article 1.09.
(5)
The preceding requirements shall not apply to the conduct of a use
of public right-of-way or public property sponsored by the city or
by the conduct of a special event by a person having a valid and subsisting
contract or special event permit with the city where the special event
is conducted in accordance with the contract and this article.
(6)
Twenty-five percent (25%) of the public sidewalk in the “DC”
downtown core district can be used for display of merchandise. The
percentage is used to prevent obstructions on the public sidewalk
that would block pedestrian traffic.
(Ordinance 1573 adopted 4/9/13; Ordinance 1594 adopted 10/22/13)
