(A) No one may use public rights-of-way or other property in which the city has an interest, whether in fee or easement, in a way governed by this chapter without acquiring rights under the relevant section. Nothing in this chapter requires a permit, license, or other document for utilities to place their facilities in public rights-of-way as otherwise permitted by law.
(B) An instrument granting rights or permission under this chapter, or a recordable memorandum regarding such instrument, shall be recorded in the official public records of real property of the county in which the land is situated unless it is a protected document not subject to public disclosure under federal, state, or local laws. Petitioner must pay the recording cost. A petition may be in letter form and must state the location of the affected city property and the purpose and scope of the proposed use or disposition of the property. The petition must further include such attachments and additional detail as the director may require.
(C) An instrument may not be granted for uses or activities that would substitute for compliance with another chapter of the city code. No right granted under this chapter substitutes for compliance with the requirements of another chapter of the city code. No grant of general right under this chapter substitutes for acquiring a more specific applicable right provided for under this chapter.
(D) Except as expressly stated, this chapter delegates no authority to approve, without City Council action, leases and license agreements, including renewals or continuations of rights previously granted, but nothing in this chapter impairs a delegation of authority outside this chapter.
(E) Any city official to whom authority is delegated under this chapter may further delegate that authority to subordinates. Authority to bind the city to a contract may not be delegated below the level of director, unless the delegation is made personally by the City Manager or a deputy or assistant City Manager. All delegations must be in writing.
(F) Neither permits or licenses under this chapter create property rights, and no permittee or licensee is entitled to compensation if the city revokes a permit or license.
(G) All construction, excavation, and placement of utilities or other facilities in public rights-of-way are subject to regulation.
(H) When fair market value must be determined under this chapter, the following procedures apply:
(1) A director may require that an independent professional appraisal be obtained. The city selects the appraiser and petitioner pays for the appraisal. Except as otherwise stated in a particular section, independent professional appraisals are of the fee simple interest in the affected land, according to its highest and best use.
(2) Alternatively, in cases where the property is not developable, a director may rely on an average of the per-square-foot Atascosa Appraisal District-assessed land values in the vicinity.
(3) In choosing between requiring a formal appraisal or relying on Atascosa Appraisal assessed values, a director should balance whether the probable cost of a formal appraisal is disproportionate to the probable value of the affected property. Streets and alleys must be appraised not as rights-of-way but as if marketable fee simple title to the affected property were in private hands and the city were condemning it for public-street right-of-way. Appraisals of other strips or oddly configured parcels must not be discounted because of the parcels' configuration.
(4) Independent appraisals should conform to the state licensing and certification board appraisal standards as well as the Uniform Standards of Professional Appraisal Practice.
(I) Those receiving rights under this chapter must maintain in good repair and condition any structure, covering, or appurtenances and the accompanying structural members extending over, under, or on public rights-of-way, drainage, or utility easement, or other city property. No such encroachment may be a nuisance or safety hazard. All such encroachments, when built or renovated, must conform to the latest edition of the International Building Code and other applicable building discipline codes, and installation must be consistent with any city right-of-way ordinance.
(J) Grants of rights under this chapter do not relieve petitioners of any other approvals, permits, or licenses that may otherwise be required. No permit or license should be granted under this chapter if the proposed use would impair the primary public purpose of the affected public right-of-way or other city property.
(K) Driveways, bridges, and other ingress and egress-related encroachments over drainage easements need not be licensed or permitted under this chapter but all such matters are subject to review and approval by the floodplain administrator.
(L) Before granting or recommending granting rights under this chapter, the director may canvass some or all interested city departments, utility agencies, and registered neighborhood associations in the vicinity. Based on comments received, the director may impose or recommend imposing special terms as a condition of approval.
(M) Nothing in this chapter governs use in the ordinary course of business of park and recreation facilities, city cemeteries, airport facilities, community centers, libraries, convention facilities, or leases or other uses of city-owned or operated office or retail space, parking lots, and garages.
(N) Responsibilities allocated to a city department in this chapter automatically succeed to any other department into which the designated department or the relevant function of that department is reorganized.
(O) Nothing in this chapter impairs an otherwise applicable requirement to seek planning commission approval of a proposed transaction.
(P) Except as may be specifically provided as to a particular fee, all processing and other fees and charges provided for in this chapter are non-refundable.
(Q) Nothing in this chapter repeals by implication or otherwise impairs the effect of any part of the city code.
(R) The city has a lien against property of non-governmental persons granted rights governed by this chapter until the sums owing under this chapter are paid.
(1) The city may assert the lien by recording a lien claim in the real property records of the county in which the property subject to the lien is located.
(2) The property subject to the lien is all property of the person making use of city property any portion of which is within 100 yards of the unpaid-for use of city property. The lien extends to property beyond the 100-yard limit, but only if it adjoins property within the 100-yard limit.
(3) Lien claims may be signed and acknowledged by the City Manager or his or her designee without council action.
(4) The lien may be enforced judicially in any court of competent jurisdiction.
(5) The lien applies only to sums owing for periods after April 1, 2023.
(6) This section does not imply that fees the city otherwise requires to be paid up front may be paid other than up front.
(S) No petitioner seeking rights under this chapter may acquire such rights before paying in full for all previously obtained rights of any type governed by this chapter.
(T) Applicants seeking rights under this chapter are responsible for providing any surveys required in an application prior to the application being scheduled for City Council review. Applicants must pay for all costs associated with such surveys.
(U) Upon receipt of a complete application or petition and associated fees, the director shall process an application under this chapter. Applications are valid for one year from the date of acceptance by the director.
(V) The director may file a notice of expiration or non-compliance in the official records of the county where property is located if a license, permit or other instrument granting approval under this chapter expires or is terminated and the licensee does not remove any improvements from the licensed area or renew authority for such improvements to remain. Failure to file the notice does not waive any rights to which the city may be entitled.
(W) Any provision of this chapter authorizing an expenditure of funds must be supported and accompanied by (1) a prior appropriation approved by City Council and (2) an unencumbered appropriated balance equal to or exceeding the expenditure.
(Ord. 23-1314, passed 5-11-2023)