In this division,
(1) DIRECTOR means the director of the department designated by the city manager to enforce and administer this division, or the director's authorized representative.
(2) SIDEWALK CAFE has the meaning given that term in Chapter 316 of the Texas Transportation Code, as amended. (Ord. 29906)
(a) If a person, or governmental entity operating a utility, desires to make use of any portion of the public right-of-way for a private or governmental utility use, the person, or governmental entity operating a utility, must apply in writing to the director. The application must be accompanied by plans or drawings showing the area to be used, a statement of the purpose for which the right-of-way is to be used, and a nonrefundable application fee in the amount required by Subsection (b) of this section, plus recording fees; except that the application fee is not required for:
(1) existing encroachments previously licensed; or
(2) a license to place and maintain the facilities of a utility operated by a governmental entity on public right-of-way, where the governmental entity has previously contracted with the city to provide mutual granting of rights-of-way for utility purposes.
(b) The application fee is:
(1) $100 for a sidewalk cafe;
(2) $100 for a use of a public right-of-way described in Section 43-115.1; and
(3) $750 for any other use of the public right-of-way. (Ord. Nos. 18119; 18962; 24051; 25539; 29906)
(a) The ordinance shall contain the terms and conditions of the license and shall state the time for which the license exists. Whether or not stated in the ordinance the city council retains the right to terminate a license whenever in its judgment the purpose or use of the license is inconsistent with the public use of the right-of-way or whenever the purpose or use of the license is likely to become a nuisance.
(b) If a private license does not state the time for expiration, it will expire 10 years from the date of the passage of the ordinance granting the license.
(c) If a license to place and maintain the facilities of a utility operated by a governmental entity on public right-of-way does not state the time for expiration, it will expire upon expiration of the governmental entity’s contract with the city providing for mutual granting of rights-of-way. (Ord. Nos. 18119; 18962; 25539)
(a) The annual fee for a license to use a public right-of-way for the following uses is:
(1) Fee for railroad crossing: not less than $50 per track crossing the public right-of-way or an amount determined by the director and established in the ordinance granting the license. The fee will not be assessed for a railroad crossing where the railroad existed before the public right-of-way was established.
(2) Fee for encroachment of historically significant structures into public right-of-way: $1,000.
(3) Fee for placement and maintenance of facilities of a utility operated by a governmental entity on public right-of-way pursuant to a contract with the city providing for mutual grant of rights-of-way: None.
(4) Fee for a sidewalk cafe: $200.
(b) The annual fee for a license to use a public right-of-way for uses other than those listed in Subsection (a) is $1,000 or is calculated in accordance with one of the following formulas, whichever is greater:
(1) Fee for use of public right-of-way: area X market value X 85% X 12%.
(2) Fee for subsurface use only: area X market value X 30% X 12%.
(3) Fee for air rights use only (including awnings and canopies with a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code): area X market value X 85% X 85% X 12%.
(4) Fee for commercial parking operation use: 50% of gross receipts (which include receipts for all parking and tips less sales and use taxes, if applicable).
(c) Except for a sidewalk cafe license, the application fee required by Section 43-112 will be applied to the first year's fee if a license is granted.
(d) Whether or not stated in the ordinance granting the license, the city council retains the right to increase or decrease the annual fee.
(e) The market value of the area licensed is based on the per square foot appraised value, as determined by the Dallas County Central Appraisal District, of a fee simple interest in a useable tract of abutting property.
(f) The director shall annually review the market values of licensed areas for which fees are based on market value. If it is determined that the market value of a licensed area has decreased, the director shall notify the licensee in writing that the annual fee has been decreased. If it is determined that the market value of a licensed area has increased, the director shall notify the licensee in writing that the annual fee has been increased. If a licensee is unwilling to accept the increased fee, the licensee may terminate the license. (Ord. Nos. 18119; 18962; 22216; 24051; 25539; 26809; 27775; 29906)
(a) Instead of the annual fee charged under Section 43-115 of this division, the following one-time fees will be charged for a license to use a public right-of-way for the following uses:
(1) Fee for landscaping and appurtenant irrigation systems: $100.
(2) Fee for awnings and canopies without a premise sign as defined in Section 51A-7.102(28) of the Dallas City Code: $100 per awning or canopy.
(3) Fee for subdivision and monument signs: $100 per sign.
(4) Fee for other streetscape elements, including planters, crosswalk texturing and coloring, artwork, lighting, benches, flag poles, bollards, and trash receptacles: $100.
Loading...