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SUBJECT: ENCROACHMENTS / CONSENT AGREEMENTS FOR USE OF
PUBLIC RIGHT OF WAY.
In 1999, the City Council requested the City Manager to change the related codes and ordinance for
granting encroachment into the City's right-of-way. This request was predicated on an interest of
approving projects that improved the Downtown area and preserved the public right of way for safety
reasons. On July 1, 2001 (M&C G-13262) the Building Code was amended requiring City Council
approval of all encroachments / consent agreements to use public right of way for private benefit through
built improvements throughout the City rather than just in the Downtown District.
On December 11, 2001 (Ordinance 14894), the Council approved the Downtown Design Guidelines and
established the Downtown Design Review Board (appointed by the Council). With the review and
approval of all improvements in the Downtown District for building facade, landscaping, walks and
signage, the approval of encroachments by Council has become routine and adds little value to the
encroachment process. The Downtown Design Review Board has covered the original Council concerns of
improvements to the district.
,�n FY2005, twenty-four encroachment agreements were presented on the City Council consent agenda and
'none were denied. Of these, 15 would have been exempt from City Council review under the prior policy.
The net effect of sending all applications to Council has been to increase the average processing time from
approximately 30 calendar days to approximately 45 calendar days. Consent (or Encroachment)
agreements are required in order to issue building permits.' Therefore, until the agreement is approved, the
permit is not issued.
Staff is prepared to draft the necessary Building Code amendment to allow limited administrative
w,nsideretion as outline above. Unless Council has a concern with the proposal, staff will move forward
with the drafting of the ordinance and an M&C will be presented to the Council for consideration in May.
Charles R. Boswell
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
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