Title
AN ORDINANCE AMENDING SECTION 230.05 OF THE CODIFIED ORDINANCES TO AUTHORIZE THE CITY MANAGER TO ENTER INTO LICENSE AGREEMENTS FOR EXPANDED USES OF CITY-OWNED UTILITY EASEMENTS.
Brief Description: The proposed amendment would authorize the City Manager to enter into license agreements with property owners for the construction of driveways and patios that are within a City-owned utility easement.
Body
Legislative History
Ordinance 03-139 adopted by Council July 16, 2003 granted the City Manager the authority to enter into license agreements with property owners in order to permit fences to be constructed over City-owned utility easements so long as the fence did not conflict with existing or proposed utility uses and maintenance.
Ordinance 08-059 adopted by Council May 7, 2008 expanded the City Manager’s authority to enter into license agreements with property owners by permitting, in addition to fences, decks and similar structures without a foundation to be constructed over City-owned utility easements, so long as the structure did not conflict with existing or proposed utility uses and maintenance.
Purpose & Explanation
The proposed amendment is being considered to further expand the authority granted to the City Manager with respect to issuing license agreements to also include driveways and patios.
As a bit of background, over the past 10-15 years, several open space conservation subdivisions have been constructed including Woodland Estates and the Reserve at River Oaks. These subdivisions allow for more compact lot sizes in exchange for setting aside 50% of the total acreage as permanent open space. These compact sublots have caused several requests proposing driveways and patios within City-owned utility easements. Provided City utility departments conclude that the aforementioned improvements will not impact use and maintenance needs, such requests have been submitted to City Council for consideration of a license agreement. Staff is requesting that driveways and patio improvements now be included in the items which the City Manager has the authority to administratively grant a license agreement. The agreement does require the property owner to provide access to the city for use/maintenance of public infrastructure and requires the property owner to be responsible for any required maintenance or repair of the private improvements.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other [provide explanation]
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
X Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council adopt the ordinance to allow the City Manager to issue license agreements for driveways and patios within city utility easements.
Submitted by,
Jane Howington, City Manager
Thomas J Sheridan, Assistant City Manager, Professional Services
Greg Hannan, Community Development Director