A. Encroachments Prohibited: Except for typical paved driveways or other common improvements, e.g., mailboxes, etc., no person may erect, construct, or permit to place any structure, obstruction, fence/wall (or portion thereof), or other private object(s), in public rights of way (ROW), streets, or alleys owned or controlled by the City of Alamo, Texas.
B. Exceptions: The City may issue building permits granting exceptions to the above through the City of Alamo’s Board of Commissioners. During this application process of requesting encroachment of private improvements on/over public ROW, it is expected that the city will discuss, dissect, and discern what is in the City’s best interests; but being allowed to factor in unique private conditions that, should the permit be issued, would improve the personal circumstances of the applicant; though for a limited period of approved tenure.
C. Definition of Applicant: Applicant means the person making application for a building permit hereunder.
D. Application for Permit:
1. The applicant for the building permit shall submit to the City’s Community Planning and Development (CPD) Department the completed building permit application along with detailed plans and specifications as are necessary to fully explain the intent of the private improvement; accompanied by a written summary on why it is perceived as ‘needed’-r and also stating that if it is not approved, what would the repercussions be. The filing of such application requires a permit administration processing fee of $75 (non-refundable).
2. Should the proposed private improvements affect drainage in any degree, then said plans, specifications and application must conclusively show, or substantially show, that the proposed private improvements will in no way interfere with the City of Alamo’s public use or purpose of its right of way, street, or alley.
E. (Conditional) Approval Board of Commissioners shall then approve or reject the permit, or modify the plans and specifications to allow a permit to be conditionally issued.
F. Permit Fee: If the permit is (conditionally) granted, the applicant shall pay the building permit fee pursuant to the typical permit fee rate schedule, as if it was to be on private property. However, if there is no set fee for the unique private improvement, then the fee shall be not less than $50 nor more than $200 (dependent on its scope), as determined by the CPD Director.
G. If the building permit is conditionally approved, the CPD Director shall then inform the applicant within 2 working days after action is taken of the City’s terms of approval, inclusive of any encumbrance agreement (or similar document such as a Hold Harmless Agreement where the City of Alamo is indemnified) that needs to be signed, notarized, and/or recorded at the County of Hidalgo with recording costs fully borne by the applicant.
H. Terms and Conditions: The permit shall be subject to the following non all- inclusive list of terms and conditions:
1. If applicable, the applicant will provide adequate traffic-safety protection measures before, during, and if necessary, after the work involved is completed; such measures will be discussed and agreed-upon with the Public Works Department before the work commences. Compliance monitoring by the City of Alamo will be expected; if violation is evident, immediate compliance will be imposed. Should continued disobedience be evident and documented, then the CPD Director may suspend the permit, but understanding that said permit be reinstated upon clear compliance efforts.
2. Issuance of a permit grants the applicant permission to work within the right of way, street, or alley, or other public place, for the purpose of building/erecting a private improvement. It is always the inherent duty and responsibility of the applicant or his agents to contact all utility companies to determine the location of all utility lines that may be affected by the proposed private improvements; and to make any necessary adjustments to their scope of work to safeguard said utility infrastructure. In the event damage occurs to said lines, it is the duty and full responsibility of the applicant to immediately pay for the repair work involved, as determined by the affected utility company, including any and all punitive/administrative/legal costs involved.
3. Any damage to the right of way, street, or alley shall be repaired by the City but the applicant shall immediately reimburse the City for the materials cost thereof; and inclusive of calculated administrative costs, equipment costs, labor costs, plus any other associated costs involved.
4. Maintenance of the permitted private improvements on public ROW shall be the sole and perpetual responsibility of the applicant. The City of Alamo shall not be responsible, in any degree, for any private improvement’s repair and upkeep. Permitted private improvements shall and must always be properly maintained by the applicant at all times.
5. All private work approved by the building permit, once issued, shall be completed within ninety (90) calendar days from the date of issuance, though the CPD Director may factor-in documented inclement weather days to fairly provide for its completion.
6. If the private work done, as approved by the building permit interferes and/or hampers with the City’s right of way, street or alley maintenance and/or construction, the applicant, the authorized agent, and/or his successors shall remove the private improvement(s) at his expense; and return the public property’s condition back in a like manner as it was before construction, or in a better condition than before the work involved.
7. All work authorized by the approved building permit shall be done during dry weather.
8. All pre-existing trees and shrubbery shall remain undisturbed, but unnecessary native shrubbery may be removed under the authorized supervision of the City. Any shrubbery removed must be disposed of, and will not be authorized to be re-planted or sold for private purposes.
9. Upon completion of the approved private work, the applicant shall remove all excess earth and debris; and leave the right of way in a neat, clean condition.
I. Term of Permit: All permits shall be valid for no longer than six (6) months; work must commence within three (3) months; and be fully complete within the 6-month validation tenure. The CPD Director is authorized to provide one extension period of no more than three (3) consecutive months; after this period, there will be no further extensions wherein if the work is not completed, then the permit is automatically revoked.
J. Revocation of Permit:
1. The permit may be revoked at any time by the City for just cause which is (photo) documented. Such revocation will be tendered by the CPD Director; although he/she may, if deemed necessary, first confer with the City Manager’s office for direction.
2. Failure of the applicant or his/her agent(s) to comply with any of the City’s requirements and imposed conditions shall automatically void such permit; especially after the City alerted the applicant/agent of its non-compliant circumstance.
3. At any time the permit is no longer valid, the applicant and/or his agent(s) shall immediately replace and repair City’s the right of way, street and alley to the condition in which it was at the time of issuance of the permit; or the City may perform such work and the applicant must immediately pay the City the cost of such repair. The city will not be responsible for any incidental during such demobilization efforts.
K. Penalties: The violation or breach by any person of any condition or subsection of this Section shall be subject to penalty as provided in Section 1-4-1
of this Code. Each day in which a violation or breach occurs may be considered a separate offense. (Ord. 536; 1994 Code; amd. Ord. 140-10-24, 10-15-2024)