HomeMy WebLinkAboutResolution - 052567D - Policy For The Regulation Of The Use Of Public Street Right Of Way - 05_25_19671 �
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RESOLUTION
WHEREAS, the City Council has determined it is in the best interes
to establish a policy for permitting the use of public street right"of-way
for other than street purposes, and
WHEREAS, a study has been made of the types of uses made, and
desired to be made, of street right of way by citizens of Lubbock, which
includes the area above and below the streets, alleys, and sidewalks
as wellaas the surface, NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the following policy is hereby established for the regulation
of the use of public street right-bf»way for other than street purposes:
1. Because of the potential value of public street right-of-way to
the general public, the City of Lubbock will no longer entertain applications
for permission to construct any type of permanent improvement at
ground or surface level.
2. Street uses, for the purposes herein shall be classified as:
a. Permanent- such as but not limited to, an underground
passageway, utility tunnel and basement.
b. Building overhang.
c. Open Ground-w such as parking of motor vehicles or the
storage of equipment or material with no construction of
building or structure permitted.
d. Temporary and Miscellaneous- such as fences, temporary
structures, utilities, planter boxes, trees and light standards.
This shall not apply to plantings in residential areas which are
presently covered by Section 28-10 of the City Code which
provides for a "Street Parkway Use Permit".
3. Application for permission to use public street rightpof«way, as
defined above, shall be made with the Right -of -Way Agent of the City upon
forms furnished by such office.
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Applications must be filed with such office a minimum of 10 days
prior to consideration by the Council to provide an adequate period of time
for review and consideration as related to existing and future utilities and
other public requirements.
Applications must show the type of use proposed, specifications and
a detailed drawing of any improvements to be constructed, and the exact
location of the property involved.
4. (A) Permits for street uses which come within permanent improv
ments as defined in Section 2 a. shall be granted by the City Council as a
franchise, and, if approved, shall be granted in the form approved by the
City Council for a period of time to be set by the City Council not to exceed
Twenty (20) years, and for the use thereof, the franchise holder shall be
charged a consideration calculated at two times the current city tax rate
times the average assessed value per square foot times the number of
square feet , or $10.00, whichever is greater, payable annually.
4,(B) Permits for street uses which come within permanent improv
ments as defined in Section 2 b. shall be granted by the City Council as a
franchise, and, if approved, shall be granted in the form approved by the
City Council for a period of time to be set by the City Council not to exceed
Twenty (20) years, and for the use thereof, the .frau`ehise holder shall be
charged a consideration calculated at the current city tax rate times the
average assessed value per square foot times the number of square feet,
or $10.00 whichever is greater, payable annually.
5. Permits for open ground street uses as def ined in Section 2 c.
shall be granted by the City Council as a street use license and, if granted,
the licensee, for the use thereof, shall be charged a consideration calculate
at two (2) cents per square foot of property covered by such license or
$10. 00 whichever is greater, payable annually, for the duration of the licens .
6. Permits for temporary and miscellaneous street uses as define
in Section 2 d. shall be granted by the City Council as a street use license,
and, if granted, the licensee, for the use thereof, shall be charged a consid
eration set by the City Council at not more than $5, 00 per year for the dur-
ation of the license.
7. All permits for street uses granted by the City Council, either
franchise or street use license, shall require the annual fee to be paid
on January 1st, of each year of the duration of such franchise or street use
license. Notice of such fee being due shall be sent by the Right -of -Way
Agent, of the City to the license or franchise holder and upon the failure of
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such holder to pay the required fee within 30 days from receipt of the state-
ment from the City, such non«payment shall be considered a default in the
license or franchise and the City Council shall determine whether such licer.
or franchise shall be considered forfeited and may elect to demand vacation
by the holder.
IOVED
Fred O. Senter, Jr., ';City orney