R-13-10-24-G2 - 10/24/2013RESOLUTION NO. R -13-10-24-G2
WHEREAS, the City of Round Rock ("City") generally prohibits the placement of furniture on
public sidewalks, and
WHEREAS, the City recognizes the need to allow business owners in the Downtown Master
Plan Area to place furniture on City -owned sidewalks outside their businesses to enhance the
pedestrian environment and enliven commercial areas, and
WHEREAS, the City desires to establish a Sidewalk Furniture License Program attached
hereto as Exhibit A whereby business owners may place furniture on City -owned sidewalks, and
WHEREAS, City staff has developed an Application for Sidewalk Furniture License
Agreement and a Sidewalk Furniture License Agreement to permit the placement of furniture on said
sidewalks, which the Council wishes to approve, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That there is hereby established a Sidewalk Furniture License Program as described in Exhibit
A, and
IT IS FURTHER RESOLVED
The Application for a Sidewalk Furniture License Agreement and form of the Sidewalk
Furniture License Agreement attached hereto as Exhibits 1 and 2 of the Sidewalk Furniture License
Program (Exhibit A) are hereby approved, and the Planning and Development Services Director is
hereby authorized to approve or deny Applications submitted for a Sidewalk Furniture License
Agreement and the City Manager is hereby authorized to execute on behalf of the City the approved
Licensee Agreement forms which meet the requirements of the said Program.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
0112.1304, 00284565
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of October, 2013.
ATTEST:
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SARA L. WHITE, City Clerk
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
2
EXHIBIT
„A„
CITY OF ROUND ROCK
SIDEWALK FURNITURE LICENSE PROGRAM
1. Program Established. The City Council of Round Rock hereby establishes a Sidewalk
Furniture License Program (the "Program") whereby businesses located within the Downtown
Master Plan Area which are zoned MU -1 or MU -2 may be permitted to place Sidewalk Furniture
within the City -owned right-of-way adjacent to said businesses.
2. Definitions. As used herein, certain terms shall be defined as follows:
a) Downtown Master Plan Area. The area bounded by Interstate 35 on the west, the
Union Pacific railway line on the south, and Brushy Creek on the north and east,
with a portion extending north of the creek along Mays Street to just north of
Palm Valley Boulevard (Highway 79). A description and map of the Area is
included in the City of Round Rock's Downtown Master Plan
b) Sidewalk Furniture. A collective term for objects that a business typically
places on the sidewalk or other City -owned land adjacent to the business such as
planters, tables, umbrellas, benches and chairs.
3. License. The City Manager is authorized to execute License Agreements with
owners of businesses located within the Downtown Master Plan Area zoned MU -1 or MU -2 for
placement of Sidewalk Furniture in accordance with the requirements of this Program. No person
shall be allowed to place Sidewalk Furniture on City -owned property unless they have submitted
an Application for License Agreement attached hereto as Exhibit 1 and received a License
Agreement executed by the City Manager. A copy of the approved form for the License
Agreement is attached hereto as Exhibit 2.
4. Requirements. The placement of the Sidewalk Furniture shall be subject to the following
requirements:
a) Sidewalk Furniture shall be allowed only in the public right-of-way adjacent to
properties in the Downtown Master Plan Area zoned MU -1 or MU -2.
b) Sidewalk Furniture shall be free-standing and shall not be permanently affixed,
anchored, or otherwise secured to the ground or to any pole, tree, tree grate, fire
hydrant, railing or other structure.
c) Sidewalk Furniture shall be placed so that it (a) does not interfere with
pedestrians, traffic, or building ingress or egress, (b) does not block wheelchair
ramps, (c) does not interfere with any ADA accessible routes; or (d) otherwise
cause a safety hazard.
d) Sidewalk Furniture shall not obstruct sight visibility triangles at the intersection of
two (2) public streets.
e) Sidewalk Furniture shall meet the standards for site furniture required in the MU -
1 and MU -2 districts.
f) Sidewalk Furniture which is not maintained in good condition may be
immediately removed at the sole discretion of the City.
g)
A Certificate of Appropriateness shall be required for all Sidewalk Furniture
associated with a business that has Historic (H) Overlay Zoning. A separate
application shall not be required for the Certificate of Appropriateness.
h) Each piece of Sidewalk Furniture shall have affixed to it a license sticker
provided by the City.
5. Application. Prior to the issuance of a License Agreement, an Application therefor shall
be submitted to the Planning and Development Services Department. The following information
shall be included with the completed application:
a) Photos showing color, style, and materials of Sidewalk Furniture if a Certificate
of Appropriateness review is necessary.
b) A dimensioned plan or sketch showing the placement of all Sidewalk Furniture
elements, its proposed location on the public sidewalk and sidewalk clearance.
c) A description of the Sidewalk Furniture and the number of pieces of Sidewalk
Furniture to be placed within the public right-of-way.
6. License Fee. The license fee shall be $25 for the first piece of Sidewalk Furniture and $5
for each additional piece of Sidewalk Furniture, not to exceed $200 per license. The City will
issue a sticker for each piece of Sidewalk Furniture,
7. Existing Sidewalk Furniture. Within thirty (30) days of the adoption of this Program, the
owners of any existing Sidewalk Furniture must submit an application for such Sidewalk
Furniture. The Application Fee will be waived. In the event that an Application is not submitted
and approved, the City may remove any and all Sidewalk Furniture which does not have an
approved sticker.
8. Approval or Denial of Application. It is the discretion of the City staff to approve or
deny an Application for a License Agreement. The Application may be denied based upon the
condition of the adjacent public right-of-way, construction plans, or any other factors deemed
relevant to the decision. The health, safety, and welfare of pedestrians is of paramount
importance.
ATTACHMENTS:
Exhibit 1: Application for License Agreement — Downtown Sidewalk Furniture Program
Exhibit 2: License Agreement — Downtown Sidewalk Furniture Program
Application for License Agreement
Sidewalk Furniture Program
Applicant Information:
SELECT ONE:
❑ Corporation
❑ Partnership/ Joint Venture
❑ Individual
O Limited Liability Company
❑ Limited Partnership
Note: A document must be attached authorizing the Applicant's signature on behalf of an entity selected
above.
Contact Name:
Organization Name:
Address:
City: State: Zip:
Contact's Phone: Fax:
Land Owner's Information: (If different from Applicant)
SELECT ONE:
❑ Corporation
❑ Partnership/ Joint Venture
❑ Individual
❑ Limited Liability Company
O Limited Partnership
Note: A document must be attached authorizing the Applicant's signature on behalf of an entity selected
above.
Contact Name:
Organization Name:
Address:
City: State: Zip:
Contact's Phone: Fax:
Property information:
Address: (If different from above):
Proposed Sidewalk Furniture:
Have any Sidewalk Furniture pieces been placed in an adjacent public right-of-way prior to this
application? ❑ Yes ❑ No
If yes:
Total number of Sidewalk Furniture pieces the Applicant currently has placed in an adjacent
public right-of-way without an affixed license sticker:
1
Total number of Sidewalk Furniture pieces placed in an adjacent public right-of-way with an
affixed license sticker:
Total number of new Sidewalk Furniture pieces the Applicant is requesting be approved for
placement in an adjacent public right-of-way:
If no:
Number of Sidewalk furniture pieces the Applicant is requesting be approved for placement in an
adjacent public right-of-way:
Is the property address a historic landmark or in a historic district? ❑ Yes ❑ No
If no:
The Applicant must attach a dimensional sketch plan or sketch showing the placement of all
Sidewalk Furniture, existing and new, and its proposed location within the public right-of-way and
sidewalk clearance.
If yes:
The Applicant will also require a Certificate of Appropriateness from the Historic Preservation
Commission, and in addition to attaching the above dimensional sketch plan, the Applicant must
also attach additional documents showing color, style and materials of the Sidewalk Furniture.
1, the undersigned, declare the information provided in this Application to be valid and correct. I
understand that a non-refundable fee of $25.00 for the first piece of sidewalk furniture and $5.00
for each additional piece, not to exceed $200.00 per Application is required to process the
Application.
Signed by:
Applicant
Printed name:
Title:
CASE NO. DATE:
2
SIDEWALK FURNITURE
LICENSE AGREEMENT
This Sidewalk Furniture License Agreement ("License") is made this day of
, 20, by and between the CITY OF ROUND ROCK, (hereinafter
a Texas home rule municipality, and
(hereinafter, "Licensee",).
"Licensor"),
Whereas, Licensor is the owner or tenant of the real property (hereinafter, "Property") in
the Downtown Master Plan area MU -1 or MU -2 district, located at (address)
; and
Whereas, Licensee desires to place Sidewalk Furniture in the public right-of-way; and
Whereas, Licensor desires to grant Licensee the right to place Sidewalk Furniture within
the public right-of-way
NOW, THEREFORE, it is agreed as follows:
License
1. Licensee shall have the right to place Sidewalk Furniture in the public right-of-way
described herein.
This License creates a license only and Licensee does not have any interest of any kind in
the public rights-of-way by virtue of this license.
This License only applies to Sidewalk Furniture listed in the Licensee's Application
attached as Exhibit A and affixed by Sticker Number(s)
issued by the City.
Licensee must comply with all other requirements of the Code of Ordinances of the City
of Round Rock, Texas.
Consideration
2. In consideration for grant of this License, Licensee shall pay Licensor a non-
refundable fee of $25 for the first piece of sidewalk furniture and $5 for each additional piece of
Sidewalk Furniture, not to exceed $200, for a total of $
1.
Nonassignability
3. This License is personal to Licensee and is not assignable.
Terminable at Will
4. This Agreement is terminable by either party at will by the giving of actual notice to
the other party.
Indemnity
5. Licensee shall comply with the requirements of all applicable laws, rules and
regulations, and shall indemnify and hold harmless Licensor, its officers, agents and employees
from and against any and all claims, losses, damages, causes of action, expenses of litigation,
court costs, and attorney's fees, for injury to or death of any person, or for damage to any
property, arising out of or in connection with Licensee's exercise of this License.
Release
6. Licensee assumes full responsibility for its exercise of the License, and hereby
releases, relinquishes and discharges Licensor, its officers, agents and employees, from all
claims, demands, and causes of action of every kind and character, including the cost of defense
thereof, for any injury to, including death, of person (whether they be third persons, contractor,
or employees of either of the parties hereto) and any loss of or damage to property (whether the
same be that either of the parties hereto or of third parties) caused by or alleged to be caused,
arising out of, or in connection with Licensee's exercise of the License whether or not said
claims, demands and causes of action in whole or in part are covered by insurance.
Venue
7. This License shall be construed under the laws of the State of Texas, and all
obligations of the parties created hereunder are performable in Williamson County, Texas.
Notice
8. Notice shall be mailed to the addresses designated herein or as may be designated in
writing by the parties from time to time and shall be deemed received when sent postage prepaid
U.S. mail to the following addresses:
CITY: City of Round Rock
ATTN: Steve Norwood, City Manager
221 East Main Street
Round Rock, Texas 78664
2.
LICENSEE:
IN WITNESS WHEREOF, this AGREEMENT is executed on this day of
, 20
3.
CITY OF ROUND ROCK
By:
STEVE NORWOOD, City Manager
BY:
ITS:
EXHIBIT A
APPLICATION FOR
SIDEWALK FURNITURE LICENSE
4.
'1,./7ir—IND ROM TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number: G.2
Title: Consider a resolution establishing a Sidewalk Furniture License Program,
License Application, and License Agreement.
Type: Resolution
Governing Body: City Council
Agenda Date: 10/24/2013
Dept Director: Brad Wiseman, Planning and Development Services Director
Cost: $0.00
Indexes:
Attachments: Resolution, Exhibit A
Text of Legislative File 13-811
Currently, the placement of items, or installation of improvements, in the City right-of-way
requires a license agreement executed by the City Manager. This license agreement
process requires an application fee of $250 and review by staff and the City Attorney. This
process is necessary for larger projects such as subdivision signs and landscape
improvements, but can be onerous for the placement of furniture in the downtown area.
This program has been created to streamline the process and reduce costs incurred by
business owners for the placement of sidewalk furniture (tables, benches, chairs, planters,
etc.) in the City right-of-way for properties zoned MU -1 (Mixed Use Historic Commercial
Core) or MU -2 (Mixed -Use Downtown Medium Density). The new program provides specific
requirements for the placement of items in order to expedite the review process and a
reduced fee. The proposed license fee for this program is $25 for first piece of furniture and
$5 for each additional piece, not to exceed $200 per license. A standardized license form
has also been created that will not require additional legal review during the process.
The existing fee for a license agreement, outside of this program, will remain at $250.
Staff recommends approval.
City of Round Rock Page 1 Printed on 10/18/2013