HomeMy WebLinkAbout1986-1645 - Ordinance - 03/27/1986ORDINANCE NO. 164~
AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY ADDING A SECTION 6 REGULATING,
CONTROLLING AND GOVERNING ENCROACHMENTS INTO EASEMENTS OF THE
CITY OF COLLEGE STATION AND PRESCRIBING REQUIREMENTS FOR THE
GRANTING OF LICENSES TO ENCROACH UPON EASEMENTS OF THE CITY OF
COLLEGE STATION.
WHEREAS, the City of College Station sometimes finds encroach-
ments into various public utility easements of the City, which
encroachments are contrary to the ordinances of the City;
WHEREAS, such encroachments often pose a danger to the health,
safety and welfare of the public; and
WHEREAS, such encroachments oftentimes limit the effectiveness of
the use of the easement for utility service, including its effec-
tiveness for drainage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
That Chapter 3 of the Code of Ordinances of the City of College
Station, Texas, is hereby amended by adding a new Section, to be
numbered Section 6, which said section shall read as follows:
"SECTION 6: ENCROACHMENTS UPON EASEMENTS
A. CITY COUNCIL TO GRANT LICENSE; FINDINGS TO BE MADE
The City Council of the City of College Station, upon good
cause shown, may grant a license to encroach into an easement
when it is in the opinion of the City Council that undue
hardship would result from requiring remedial steps to be
taken to restore the easement to its former status. The City
Council may consider the proposed use of the property involv-
ed, existing uses of land in the neighborhood, the utilities
located in the easement, the purpose of the easement, and the
probable effect of the encroachment upon the immediate pre-
servation of the order, public health, safety, convenience
and welfare of the community. In order for a license to be
granted, the City Council must find all of the following:
(1)
That there are special circumstances or conditions af-
fecting the property involved such that the strict en-
forcement of encroachment policies would deprive the
applicant of the reasonable use of his property.
(2)
That the license is necessary for the preservation and
enjoyment of the substantial property right of the ap-
plicant.
(3)
That the utilization of
to and the operation of
will not be impaired.
the easement area for the access
utilities, including drainage,
(4)
That the granting of the license will not be detrimental
to the public health, safety, or welfare or injurious to
another party in the area.
The findings, together with the specific facts upon which
such findings are based, shall be incorporated into the min-
utes of the meeting at which the license is considered. Li-
censes will not be routinely granted. When a license is
granted, it will be granted if order will be preserved and
the public health, safety and welfare will not be affected.
Pecuniary hardship of the applicant, standing alone, will not
be deemed to constitute undue hardship.
B. SUBMITTAL OF INFORMATION
The City Engineer shall specify the information that is re-
quired to be submitted with the application.
C. APPLICATION FEE
An application for a license to encroach shall be accompanied
by a filing fee in the amount of $ 250.00 , which is
non-refundable.
D. LICENSE MAY BE CONTINGENT UPON REMEDIAL ACTION
If the City Council so requires, a license may be granted
subject to the licensee's completion of all remedial action
necessary to accommodate the encroachment so the City may
utilize the area so encroached."
II.
This ordinance does not establish any right, privilege, or ap-
proval to encroach, and each application will be considered upon
its own merits and may or may not be granted. This ordinance in
no way waives any rights, powers or duties that the City may have
in relation to any easement requirement.
PASSED, ADOPTED
1986.
and APPROVED this the 27th day of March ,
ATTEST .'
City Sectary