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HomeMy WebLinkAboutResolution - 972 - Adopting Policy - Use Of Public Rights Of Way - Other Than Street Purposes - 11/19/1981DGV:da RESOLUTION RESOLUTION 972 - 11/19/81 WHEREAS, the City Council of the City of Lubbock in 1967 adopted a policy pertaining to the use of public rights of way by the public for other than street purposes, and WHEREAS, the City Council of the City of Lubbock deems it advisable to update such ,policy in keeping with present conditions, and WHEREAS, the City Council deems it advisable to extend such policy to include the abandonment and closing of public easements and public rights of way; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: PART 1. THAT the policy of the City of Lubbock regarding the licensing of encroachments upon public property, public easements and public rights of way shall be as follows: (a) An application fee of one hundred fifty dollars ($150.00) per license shall be required of all applicants. This fee shall be non --refundable, regardless of the ultimate action taken by the City Council, and shall be in addition to any other charges hereafter described. (b) Because of the encroachment upon public property resulting from.the granting of licenses, the licensor shall pay an annual fee based upon the nature of the particular encroachment, which fees shall be as follows: (1) Surface. The fee shall be ten percent (10%) of the fair market value.of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. .(2) Sub -surface. The fee shall be ten percent (10%) of sixty percent (60%) of the fair market value of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. (3) Aerial. The fee shall be ten percent.(10%) of seventy-five percent (75%) of the fair market value of the area to be licensed as determined by an appraisal conducted by the City of Lubbock Right of Way Department. All said licenses shall be subject to a minimum fee of fifty dollars ($50.00) per annum. Such licenses shall be for periods not exceeding twenty (20) years in length and the annual fee shall be subject to review and alteration each five years after the license is initially granted. No annual fee shall be charged to original dedicators in those cases where the public property was dedicated without charge to the City of Lubbock and the property has not changed hands. The annual fees for the first five years shall be tendered in the form of a certified check prior to the placing of the request for license on the City Council agenda. The check shall be returned if the request fails to pass. (c) The above fees shall not cover items of a temporary nature normally permitted.under provisions of the Lubbock City Code, nor does it cover such things as temporary construction barricades and other items covered by other local or state regula- tion. (d) Unusual cases may arise which will call for exceptional handling by the City Council within the general framework of this policy which cases may be handled as deemed appropriate by the City Council. PART 2. THAT in conformance with the power and authority conferred by Vernon's Ann.Civ.St., Article 1017 and Article 5421c-12, the policy of the City of Lubbock regarding street and alley closures shall be as follows: (a) An application fee of one hundred fifty dollars ($150.00) per street or alley closure shall be required of all applicants to coveradministrative processing, legal and publication costs. This fee shall .be non-refundable, regardless of the ultimate action taken upon the matter by the City Council, and shall be in addition to any other charges hereinafter described. (b) Because of the enhancement which results to adjoining properties from the vacation and closing of streets and alleys no .longer needed by the public, the adjoining property owners who receive .such .benefits shall pay to the City the fair market value per square foot of the area that such closure shall add to such property owner's land. Such fair market value shall be established by appraisal by the City of Lubbock Right of Way Department. No charge .shall be made to or dedicators in those cases where .the right of way was dedicated to the City of Lubbock without charge and the property has not changed hands. A credit against such charge, but not in excess thereof, shall be allowed for a simultaneous dedication of other property to the City of Lubbock approved by the City Council. The charge herein set out shall be tendered in the form of a certified check prior to placing of the closure ordinance on the City Council agenda. The check shall be returned if the ordinance fails to pass. FART 3. THAT the policy of the City of Lubbock regarding the release of public easements shall be as follows: (a) An application fee of one hundred fifty dollars ($150.00) per easement release request shall be required of all applicants to cover administrative processing. This fee shall be non-refundable, regardless of the ultimate action taken by the City of Lubbock, and f shall be in addition to any other charges hereinafter described. L (b) In the 'event that the City of Lubbock bought the easement !'I requested to be released, the applicant shall pay to the City the fair market value of the easement as established by an appraisal 1 made by the Right of Way Department of the City of Lubbock,. A credit against such charge, but not in excess thereof, shall be 1 allowed for the simultaneous dedication of other easement(s) in '� lieu of the easement requested to be released or approved by the j City Council. No charge shall be made to original dedicators in those cases where the easement was granted to the City of Lubbock without charge and the property has not changed hands. The charge herein set out shall be tendered in the form of a certified check prior to the placing of such request upon the City Council agenda. The check shall be returned if the request fails to pass. Resolved by the City Council this 19th day of November , 1981. BXLi7McALiMR, KA OR ATTEST: ` l Evelyn Gaffga, City S cr t -Treasurer APPROVED AS TO CONTENT: �e� esu l Denzel P ifull, irector of Public Services APPROVED AS TO FORM: kxXw 7-(- i• 11._s�v�v/ W v v X G. Vandiver, First Asst. City Attorney r CITY OF LUBBOCK im TO: Denzel Percifull, Director of Public Services FROM: Donald G. Vandiver, First Asst. City Attorney SUBJECT: Street use license, street and alley closing and easement closing policy. DATE: November 6, 1981 After several long meetings with Tom Nivens, I am forwarding a new Resolution setting out City policy on street use licenses, street and alley closures, and easement closures. It is very heavily based upon a similar policy of the City of Austin, which has been in use a couple of years. Tom and I think it will work well, but there are a couple of things that I need to point out to you about this. The City has authority to sell abandoned streets and alleys under Vernon's Ann.Civ.St., art. 1017, but that statute also states that "The proceeds of any such sale shall be used only for the acquisition and improvement of property for the same uses as that so sold." Therefore, it will be necessary to see that such funds are not placed in the general fund but are placed in the streets capital improvements fund. The city only has authority to sell abandoned streets and alleys to the owners of abutting property and not to anyone in general. This is provided in Vernon's Ann.Civ.St., art. 5421c-12. Also, the right of way sold must be sold exactly half to each abutting property owner and not three-quarters to one and one quarter to the other. I did not include the entire definitions that you supplied for each type of encroachment because of a rule of statutory construction that states when particulars are named, you are prohibited from enforcing the statute on an unnamed item. Therefore, since people are always coming up with new things that they want to stick on public streets, I thought the general would be better than the specific. If you have questions, do not hesitate to call me at Ext. 2212. DGV:da le ��j� lair10 19811 CITY SECRETARY Donald G. Vandiver