Fillable ENCROACHMENT APPLICATION (City of Galveston)

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ENCROACHMENT APPLICATION (City of Galveston)

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  • 5 check-boxes
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S:\Planning\Planning Division\Planning Div Forms\Applications\Encroachment Application.doc 8/28/2019
CITY OF GALVESTON PO Box 779, Galveston, Texas 77553
DEVELOPMENT SERVICES DEPARTMENT Phone: 409/797-3660
ENCROACHMENT APPLICATION
Case No.: _______________
Please Print or Type
I. APPLICANT INFORMATION
( )
Applicant Name Telephone
Mailing Address E-Mail
( )
Property Owner Name Telephone
Mailing Address E-Mail
II. PROPERTY INFORMATION
Street Address of Property
Legal Description of the Property
III. ENCROACHMENT OF STRUCTURE
Width Length
How long has the portion of the structure been located in the alley or street right-of-way?
IV. ACKNOWLEDGEMENTS – please initial the following:
_______ I certify that I am the legal owner or record or I have secured the property owner’s permission and have full
authority to make this application.
_______ I certify that I have reviewed and understand the applicable regulations relating to encroachments per Ordinance #
13-060.
Printed Name and Signature of Applicant Date Printed Name and Signature of Property Owner Date
V. APPLICANT CHECKLIST
[ ] Written narrative of the request [ ] Tax Receipts (one current and one from 50 years ago)
[ ] Survey of the property indicating the encroachment [ ] Application fee of $25.00
[ ] Written approval from the following utilities: CenterPoint, AT & T, Comcast, Texas Gas Service
DEPARTMENTAL USE ONLY
APPLICATION ACCEPTED BY: ___________________________________ DATE:
AMOUNT: ____________________________ REMARKS:
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ORDINANCE
NO.
1.
3 -
060
AN
ORDINANCE
OF
THE
CITY
OF
GALVESTON,
AMENDING
ORDINANCE
NUMBER
10 -
041;
PERMITTING
RIGHT
OF
WAY
ENCROACHMENT
OF
BUILDINGS
IN
EXISTENCE
FOR
AT
LEAST
FIFTY
YEARS
INTO
THE
CITY'
S
ALLEY
RIGHTS
OF
WAY;
BY
AMENDING
THE "
DE
MINIMUS"
DISTANCE
TO
BE
LESS
THAN
12
INCHES
AND
ADDING
STRUCTURES
ADJACENT
TO
A
STREET
RIGHTS
OF
WAY;
PROVIDING
FOR
FINDINGS
OF
FACT
AND
PROVIDING
FOR
AN
EFFECTIVE
DATE.
WHEREAS,
on
May
13,
2010,
the
City
Council
adopted
Ordinance
10 -
041
allowing
for
permitting
of
right
of
way
encroachment
of
buildings
in
existence
of
at
least
fifty
years
into
the
city'
s
alley
rights
of
way;
and,
WHEREAS,
Staff,
recommends
amending
the
de
minimus
distance
of
less
than
6
inches
to
less
than
12
inches.
Staff
also
recommends
adding
those
structures
that
are
adjacent
to
street
right
of
ways;
and,
WHEREAS,
many
older
buildings
encroach
minimally
onto
the
City'
s
alley
rights
of
way
as
well
as
adjacent
to
city
street
rights
of
way,
and
have
done
so
for
over
fifty
years;
and,
WHEREAS,
there
have
been
improvements
in
surveying
over
the
course
of
time,
so
that
de
minimus
encroachments
continue
to
crop
up
within
the
City'
s
alley
rights
of
way
and
adjacent
to
city
street
rights
of
way;
and,
WHEREAS,
available
alternatives
to
permitting
these
long
term
encroachments,
such
as
licenses
to
use,
are
expensive,
and
abandonments
that
permanently
change
the
layout
of
the
City'
s
right
of
way,
are
undesirable
for
such
long
term
de
minimus
situations;
WHEREAS,
the
City
Council
of
the
City
of
Galveston,
Texas,
deems
it
in
the
public
interest
to
amend
the
de
minimus
distances
and
add
structures
adjacent
to
street
rights
of
way
in
Ordinance
10 -
041,
all
other
provisions
of
Ordinance
10 -
041
shall
remain
in
effect.
NOW
THEREFORE,
BE
IT
ORDAINED
BY
THE
CITY
COUNCIL
OF
THE
CITY
OF
GALVESTON,
TEXAS:
SECTION
1.
That
the
findings
and
recitations
set
out
in
the
preamble
to
this
ordinance
are
found
to
be
true
and
correct,
and
they
are
hereby
adopted
by
the
City
Council
and
made
a
part
hereof
for
all
purposes.
SECTION
2.
That
Ordinance
10 -
041
is
amended
to
read
and
provide
as
follows:
a.
When
there
are
no
objections
by
appropriate
City
Departments
or
private
utilities,
b.
Structures
that
encroach
minimally
on
the
City'
s
alley
rights
of
way
or
are
adiacent;'
to
street
rights
of
way,
for
distances
of
less
than
6
12
inches,
which
do
not
intrude
over
utility,
water
or
sewer
lines,
and
do
not
interfere
with
private
utilities
or
otherwise
adversely
affect
the
health
safety
or
welfare
of
the
public,
c.
Shall
be
permitted
without
annual
charge
during
the
time
that
the
structure
continues
to
exist
in
its
current
state,
d.
However,
if
and
when
the
structure
is
moved,
at
least
50%
destroyed (
by
value)
or
demolished
for
any
reason,
any
new
structure
shall
be
constructed
within
the
property
boundaries
and
in
compliance
with
all
City
regulations,
e.
Ownership
of
the
alley
right
of
way
or
street;
rights
of
way
shall
at
all
times
remain
in
the
City
of
Galveston,
and
f.
The
applicant
for
such
right
of
encroachment
shall
agree
to
indemnify
the
City
for
any
claims
made
against
it
arising
out
of
the
encroachment.
g.
The
applicant
shall
pay
the
administrative
fee
provided
for "
encroachment
letters"
set
out
in
the
Zoning
Regulations.
SECTION
3.
It
is
hereby
declared
to
be
the
intention
of
the
City
Council
that
the
sections,
paragraphs,
sentences,
clauses
and
phrases
of
this
Ordinance
are
severable
and,
if
any
phrase,
clause,
sentence,
paragraph
or
section
of
this
Ordinance
should
be
declared
invalid
by
the
final
judgment
or
decree
of
any
court
of
competent
jurisdiction,
such
invalidity
shall
not
affect
any
of
the
remaining
phrases,
clauses,
sentences,
paragraphs
and
sections
of
this
Ordinance.
SECTION
4.
In
accordance
with
the
provisions
of
Sections
12
and
13
of
Article
II
of
the
City
Charter
this
Ordinance
has
been
publicly
available
in
the
office
of
the
City
Secretary
for
not
less
than
72
hours
prior
to
its
adoption;
that
this
Ordinance
may
be
read
and
published
by
descriptive
caption
only.
SECTION
5.
This
Ordinance
shall
be
and
become
effective
from
and
after
its
adoption
and
publication
in
accordance
with
the
provisions
of
the
Charter
of
the
City
of
Galveston.
APPROVED
AS
TO
FORM:
DONNA
M.
FAIRWEATHER
ASSISTANT
CITY
ATTORNEY
1,
Janelle
Williams,
Secretary
of
the
City
Council
of
the
City
of
Galveston,
do
hereby
certify
that
the
foregoing
is
a
true
and
correct
copy
of
an
Ordinance
adopted
by
the
City
Council
of
the
City
of
Galveston
at
its
regular
meeting
held
on
October
24, 2013
as
the
same
appears
in
records
of
this
office.
IN
TESTIMONY
WHEREOF,
I
subscribe
my
name
hereto
officially
under
the
corporate
seal
of
the
City
of
Galveston
this
day
of
ft ,
2013_.
o
GAt
1839'
tary
for
the
City
Council
f
t
City
of
Galveston
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ENCROACHMENT APPLICATION (City of Galveston)

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Completed 6 August 2021

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