[The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:]
Director
is defined as the director of public works.
Encroachment
means any intrusion from adjacent private property into or
over city right-of-way.
Petition
is defined as a written request by a petitioner for rights
or privileges under this article. The petition must be in letter form
and must state the location of the affected public right-of-way and
the purpose and scope of the proposed use or disposition of such public
right-of-way. The petition must further include such attachments and
detail as the director may require.
Petitioner
is defined as a person requesting a right or privilege governed
by this article. More than one (1) person may combine as one (1) petitioner,
but in such case each is jointly and severally liable for the obligations
of the petitioner.
Public right-of-way
is defined as any area subject to a public utility, drainage
or other easement, and all public streets, roads, alleys, sidewalks,
and other similar passageways, thorough-fares and public ways within
the city, whether improved or not, and which are held by fee simple
title or by dedication to the public.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008; Ordinance 1927 adopted 4/9/2012)
(a) No
person shall use public rights-of-way in a way governed by this article
without acquiring rights under the relevant section. To acquire rights
under this article, a petitioner must submit a petition to the director
of public works and follow the procedures prescribed by the director.
(b) The
director of public works shall require recording of any instruments
granting rights under this article in the Official Public Records
of Real Property of Bexar County. The petitioner shall pay the cost
of recording such instruments.
(c) The
director of public works is authorized to approve permits for encroachments,
as set out herein, or for rights-of-entry under this article without
city council action if the permitted use conforms to the requirements
of this article.
(d) Only
the city council may approve: 1) licenses to use public rights-of-way,
2) closure, vacation and abandonment of public rights-of-way, 3) granting
or releasing of easements on public rights-of-way, or 4) renewal,
continuation or termination of any rights previously granted by the
city council.
(e) Permits
issued by the director of public works shall have an indefinite duration
but may be terminated by city council action. Licenses granted by
the city council shall have stated durations and shall be terminable
according to their terms.
(f) All
construction, excavation and placement of any facilities in public
rights-of-way and easements are subject to regulation by the director
of public works.
(g) When
fair market value is required by this article, the city may, at its
option, rely on an average of the per-square-foot Bexar Appraisal
District market values in the vicinity of the property in question,
or the city may require that an independent professional appraisal
be obtained. The petitioner and the city shall jointly select the
appraiser, if they can agree. If they cannot agree, the city shall
select the appraiser. In either case, the petitioner shall pay for
the appraisal.
(h) Persons
receiving rights under this article shall maintain in good repair
and condition any encroachment such as a structure, covering, or appurtenance
and the accompanying structural members extending over, under or on
any public right-of-way. No such encroachment shall be a nuisance
or safety hazard of any kind. All such encroachments, when constructed
or renovated, shall conform to the latest city building codes, as
appropriate.
(i) By
accepting rights under this article, the petitioner agrees to indemnify
the city against all loss, cost, liability, or expense arising from
or relating to the city's granting of the rights or petitioner's exercise
of them. This section establishes the indemnity whether or not the
petitioner's agreement with the city so provides, and can only be
overridden by specific action of the city council. Entities that may
not lawfully grant indemnities or may not be lawfully required to
do so by the city are not required to grant the indemnity provided
for in this section. Further, any indemnity provided hereunder specifically
covers the city's own negligence.
(j) Grants
of rights under this article do not relieve the petitioner of any
other approvals, permits or licenses that may otherwise be required.
(k) Before
the director of public works grants a permit or recommends the granting
of rights by the city council under this article, the director shall
canvass any interested city department, utility agencies or other
entities that may have facilities in the public rights-of-way. Based
on comments received, the director may impose, or recommend that the
city council impose, special terms as a condition of a permit issued
by the director or for granting of rights by the city council.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
(a) Petitions
for rights-of-entry onto public rights-of-way for minimally invasive
work such as surveying, measuring, testing or accessing other property
shall be submitted to the director of public works. The director shall
process such requests and shall establish any appropriate forms and
procedures to implement this section.
(b) The
director shall grant such rights in writing on a form acceptable to
the city attorney.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
(a) Permits
for encroachments into city right-of-way shall be submitted to the
director of planning and development services, and shall be accompanied
by a non-refundable, one hundred fifty dollar ($150.00) processing
fee. The director shall process permit requests and shall establish
forms and procedures to implement this section. Permits for encroachments
into city right-of-way shall be issued by the director to the owner
of such property that abuts the public right-of-way to be encroached
upon.
(b) Permits
for encroachments into city right-of-way may be issued by the director
are:
(1) Awnings, canopies, or similar coverings designed to provide shade
to pedestrians;
(2) Retaining walls parallel to the street (for the purpose of soil retention)
(3) Sidewalks or drop off areas (if greater than ten (10) feet in length)
(4) Building features required by city code, such as fire escapes or
disability access ramps that extend past property lines;
(6) Minor encroachments on an area reserved for drainage, if the director
deems the proposed encroachment does not interfere with drainage.
Such encroachments include access bridges, roof overhangs and private
utility lines used only by the abutting property owner;
(7) A private driveway from the edge of a street surface to the right-of-way
line is not an encroachment covered by this section; and,
(8) Permits for encroachments that would, in the director's opinion,
materially affect the city's use of its rights-of-way, shall not be
granted by the director.
(c) The
director may specify the construction, characteristics, quality and
placement of allowable encroachments. The director may further require
relocation or removal of an encroachment, upon thirty (30) calendar
day notice to the permittee, when appropriate for the efficient use
by the city of its right-of-way. Permittee shall be responsible for
the costs associated with such relocation or removal of the encroachment.
(d) In
the case of utility vaults, the applicant will provide notice to all
property owners on the same block (which means property owners on
both sides of the street) on a form provided by the city and will
provide proof of notification about the request for this permit before
the permit will be issued.
Editor's note—Ordinance 1927, adopted April 9, 2012, repealed former § 16-103 and enacted a new §
16-103 as set out herein. The former § 16-103 pertained to permits for abutting-property-encroachments and derived from Ordinance 1750-A, § 5, adopted Jan. 28, 2008.
(Ordinance 1927 adopted 4/9/2012)
(a) Petitions
for licenses to use public rights-of-way for encroachments for private
purposes in a manner that 1) encloses such rights-of-way, 2) inordinately
occupies such rights-of-way or 3) is of a structural nature, shall
be submitted to the director of public works, and shall be accompanied
by a non-refundable five hundred dollar ($500.00) processing fee for
each petition. The director shall process such petitions and shall
establish any appropriate forms and procedures to implement this section.
(b) Prior
to city council consideration of the request for a license, the director
shall first give fourteen (14) days written notice, by U.S. Mail,
to all property owners within two hundred (200) feet of the requested
encroachment, and publish such notice in the official newspaper of
the city. Public consideration of, and action on, the requested encroachment
will be made at the city council meeting designated in the notice.
The city council may authorize or deny issuance of a license to the
petitioner for the requested encroachment.
(c) Encroachments
for which a license may be authorized by the city council include,
but are not limited to:
(1) Parking pads or parking courts;
(2) Fences or walls that enclose city rights-of-way or easements;
(3) Private property entry features such as gates and walls;
(4) Structures such as accessory buildings or pools;
(5) Paving an alley for private access; or,
(6) A private driveway from the edge of a street surface to the right-of-way
line is not an encroachment covered by this section.
(d) The fee for a five (5) year license to use public rights-of-way or easements is the greater of two thousand dollars ($2,000.00) or ten (10) percent of the fair market value of the area of such land to be occupied by the encroachment, the value of which shall be determined in accordance with section
16-101(g).
(e) The
director shall require the petitioner to sign and deliver to the city
an agreement setting out the applicable license fee and such conditions
as may be imposed by the city council, upon recommendation of the
director, that are necessary to protect the city's use of its right-of-way.
The agreement shall be executed by the mayor on behalf of the
city.
(f) Licenses granted hereunder may be renewed by the city council at the end of each five-year term for the greater of two thousand dollars ($2,000.00) or ten (10) percent of the fair market value of the land occupied by the encroachment at the time of renewal, the value of which shall be determined in accordance with section
16-101(g). If the license fee has been modified by the city council since the issuance of a prior license, the new license shall be based on the modified rate then in effect.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
(a) Petitions
for closure, vacation and abandonment of public rights-of-way shall
be submitted to the director of public works and shall be accompanied
by a non-refundable five hundred dollar ($500.00) processing fee.
The director shall process such requests and shall establish forms
and procedures to carry out this section.
(b) The
petitioner shall include the following information with his petition:
(1) From the owners of all property which abuts the public right-of-way
to be closed, vacated and abandoned, a signed and acknowledged written
1) approval of the petition for closure, vacation and abandonment,
and 2) release of any interest they have in the public right-of-way
requested to be closed, vacated and abandoned.
(2) A signed and acknowledged written consent and release of all future
claims and damages from the owners of all property to which access
would be materially and substantially impaired if the requested closure,
vacation and abandonment is granted.
(3) A title report issued by a title insurance company acceptable to
the city identifying the abutting property ownerships;
(4) A survey, performed by a registered land surveyor duly licensed in
the State of Texas, which shows the public right-of-way to be closed,
abandoned and vacated, as well as the division of the public right-of-way
between the abutting property owners according to the proportion of
their abutting ownership.
(c) No public right-of-way shall be closed, vacated and abandoned unless the city council determines in an abandoning ordinance that closure, vacation and abandonment is in the public interest, and that all requirements of this section and other applicable ordinances and laws are satisfied. Whenever a public right-of-way is closed, vacated and abandoned, the abandoning ordinance shall provide that the public right-of-way to be abandoned shall be sold or revert to the abutting property owners in proportion to their abutting ownership, unless such owners otherwise have released their interest in the abandoned public right-of-way as provided in subsection
(b) above.
(d) Prior
to an abandonment ordinance being considered by the city council,
the following shall occur:
(1) The director of public works shall cause the planning and zoning
commission to consider the requested abandonment in accordance with
the commission's usual process for hearing cases, and to issue a recommendation
to the city council; and,
(2) A public hearing shall be held by the city council after twenty-one
(21) calendar days written notice, by U.S. Mail, is given to all property
owners within two hundred (200) feet of the requested abandonment,
and such notice is published in the official newspaper of the city.
(3) The city council shall consider the recommendation of the planning
and zoning commission regarding the requested abandonment.
(e) The abandoning ordinance shall further provide that in consideration of the foregoing requirements and upon receipt from the petitioner of the fair market value of the public right-of-way to be abandoned as determined in accordance with section
16-101(g), unless a donation is allowed under Local Government Code § 272.001, such public right-of-way shall revert to the abutting property owners in proportion to their abutting ownership, unless released as provided in subsection
(b) above, as shown by a title report of current date which has been paid for by the petitioner and issued by a title company acceptable to the city. The ordinance shall provide for an equitable manner of determining the division between the abutting property owners. Such ordinance shall further provide that the Mayor shall be authorized to execute a deed without warranty conveying such abandoned public right-of-way to the abutting property owners in proportion to their abutting ownership as shown in the title report and with the division between the owners in the equitable manner as specified in such ordinance. The deed without warranty shall contain all reservations and exceptions shown in the title report, and the following shall be reservations from and exceptions to the conveyance in such deeds: All restrictions, covenants, conditions, easements, rights-of-way and prescriptive rights, whether recorded or not, all recorded reservations, if any, existing utilities, zoning and other laws affecting the city property to be abandoned, and any other conditions that may be imposed by the city council. If the city council determines that it is necessary to the public interest, utility easements may be reserved over, across and under the property to be abandoned, and such reservation of easements shall be shown on the deed without warranty. If such reservation is made, an appropriate reduction will be made to the fair market value of the land to be conveyed.
(f) The
abandoning ordinance shall further provide that in accordance with §
253.001 of the Local Government Code, the proceeds of any sale or
donation of abandoned parts of public rights-of-way shall be used
only for the acquisition and improvement of property for the same
uses as that sold.
(g) The abandoning ordinance shall be recorded by the petitioner in accordance with section
16-101(b).
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
(a) A petition
for releasing existing city easements, or granting new easements on
public rights-of-way, shall be submitted to the director of public
works, along with a non-refundable five hundred dollar ($500.00) processing
fee. The director shall require the petitioner to demonstrate that
the city has an interest in the public right-of-way upon which an
easement is being requested for release or granting thereof. The director
shall establish forms and procedures to implement this section.
(b) The
director shall consider the request for releasing or granting an easement,
and shall forward such request for action by the city council, along
with the director's recommendation of approval or denial.
(c) If the petitioner's request is approved by the city council, the fee for releasing or granting an easement shall be the fair market value of the property burdened by the easement, appraised as if the easement did not exist, and shall be determined in accordance with subsection
16-101(g).
(d) The
requested granting of an easement or release of an easement shall
be executed by the mayor on an appropriate form provided by the city
attorney, and shall set out any conditions on the release or granting
of the easement that may be imposed by the city council.
(e) Easements
shall not be granted when they are inconsistent with the city's use
or planned use of the affected public right-of-way, and can only be
released, granted or have the terms thereof amended by approval of
the city council.
(f) All
easements granted hereunder are revocable by the city council.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
The procedures stated herein above do not apply to the sale,
conveyance or exchange of land owned or held by the city, which is
not made under the exemptions in § 272.001, and for which the
bidding requirements of § 272.001 of the Local Government Code
apply.
(Ordinance 1750-A, sec. 5, adopted 1/28/2008)
Upon petition received from a business or commercial use, the
city council may, after a public hearing, authorize the business or
commercial use to mark adjoining paved public right-of-way for parking
by customers of the business or commercial use only. Such authorization
shall have an indefinite duration, but may be terminated by the city
council at any time for any reason. Upon termination, the business
or commercial use shall eliminate any markings referencing the parking
privilege. There shall be no fee for the authorization. Prior to consideration
of a petition, all city departments shall be consulted concerning
any negative impact upon the public resulting from approval of the
requested exclusive parking. The city council may impose any restrictions
and conditions upon its authorization as may be appropriate for the
protection of the public and any other businesses or commercial uses.
The exclusive parking authorization under this section shall be limited
to business, office or multi-family zoning districts (provided that
only single-family and multi-family uses in a multi-family zoning
district with a business or commercial use on site shall be eligible
for the parking authorization in this section). The city shall have
no duty or obligation to enforce the exclusive parking rights authorized
herein. The business or commercial use receiving the parking privilege
authorized herein indemnifies the city and its officers and employees
against all loss, cost, liability or expense arising from or relating
to an authorization granted herein, including the city's own negligence.
No other provisions of this article apply to the authorizations granted
hereunder except for [section] 16-100.
(Ordinance 2099 adopted 3/26/2018)