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COUNCIL PROPOSAL
Date:312/04 File Number: Subject: Waiver of Encroachment/Consent Agreement Application Fee for Carlson Engineering,Inc.at
239 505 N.E.37th Street
Proposed By:Chuck Silcox City Manager's Review: Page:
City Attorney's Review: aL4i� PAGE 10F 2
PROPOSAL:
It is proposed that the City Council waive the encroachment/consent agreement application fee and associated
filing costs for an encroachment at 505 N.E.37'h Street.
DISCUSSION:
On May 25, 1970(M&C G-1573)the City Council adopted a policy regarding encroachments in public rights-of-
ways and fees for such encroachments. The policy required agreements between the property owner and the City
where private improvements were constructed in the public rights-of-ways. Items that are commonly required to
have an encroachment/consent agreement include signs,marquees,grates,awnings,door swings and other
permanent fixtures projecting into the public right of way. The approved policy allowed existing encroachments,
including nonconforming encroachments,a period of six months beginning from May 25, 1970 to execute consent
agreements and to furnish public liability insurance coverage as required. It is staffs belief that the six-month
period to document existing encroachments included a fee waiver.
John Carlson,President of Carlson Engineering has recently purchased and renovated an old meat processing
plant into a manufacturinE facility at 505 N.E.37`h Street. The existing building is on the northeast corner of
Grove Street and N.E.37 Street just to the east of Main Street and Meacham Airport. Through Carlson
Engineering's renovations it was discovered that an existing encroachment was present on the south side of the
building along N.E. 37`h Street. The encroachments includes an elevated concrete stairway,door swing and porch
cover over the stairway. Building plans dated in 1973 indacate the encroachment was in place at that time,but
City records do not indicate an encroachment/consent agreement was issued for these permanent fixtures.
To assist in the revitalization effort of Carlson Engineering,a request to waive the encroachment/consent
agreement application fee and associated filing costs has been made to a Councilmember. The cost of the
application fee and filing costs is a total of$485. Should Council grant the waiver, Carlson Engineering will still
be required to provide the necessary documentation for an application and receive Council approval for the
encroachment/consent agreement.
The property is located in City Council District 2.
LEGALITY:
In order to approve a fee waiver,the Council must make a finding that the fee waiver serves a public purpose and
that sufficient controls are in place to ensure the public purpose is carried out.
3 LEGALITY
❑ FISCAL NOTE
O CITY MANAGER'S COMMENTS
❑ CITY POLICIES MANUAL
CIT FO WO , TEXAS
0 DA
COUNCIL PROPOSAL
Date:312104 File Number: Subject: Waiver of Encroachment/Consent Agreement Application Fee for Carlson Engineering,Inc.at
505 N.E.371^Street
239 .4
Proposed By:Chuck Silcox City Manager's Review: Page:
City Attorney's Review: PAGE 2 OF 2
FISCAL NOTE:
The Finance Director certifies that the approval will not require the appropriation of additional funds at this time.
CITY MANAGER'S COMMENT:
The project in question falls outside the scope of the six(6)month period contemplated for fee waiver by M&C
G-1573,and the Development Department finds no precedent for waiving such fee for the encroachment.
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Councilmember Sponsor Councilmember Sponsor
LEGALITY
❑ FISCAL NOTE
❑ CITY MANAGER'S COMMENTS
❑ CITY POLICIES MANUAL