R-2025-275 - 10/23/2025 RESOLUTION NO. R-2025-275
WHEREAS, the City of Round Rock ("City") generally prohibits the placement of furniture on
public sidewalks and rights-of-way, and
WHEREAS, the City recognizes the need to allow business owners of properties located
Downtown to place furniture on City-owned rights-of-way outside their businesses to enhance the
pedestrian environment and enliven commercial areas, and
WHEREAS, the City desires to revise the Downtown Sidewalk Furniture Program adopted on
October 24, 2013, and as amended, whereby business owners may place furniture on City-owned rights-
of-way, and
WHEREAS, an Application for a Downtown Sidewalk Furniture License Agreement and an
Application for an Annual Sidewalk Furniture Permit may be submitted to the City to permit the
placement of furniture on said rights-of-way Downtown, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That there is hereby established a Downtown Sidewalk Furniture Program as described in
Exhibit A, and
BE IT FURTHER RESOLVED
The Downtown Sidewalk Furniture Program is hereby approved, and the Planning and
Development Services Director is hereby authorized to approve or deny applications submitted for a
Downtown Sidewalk Furniture License Agreement and an Annual Sidewalk Furniture Permit and the
City Manager is hereby authorized to execute on behalf of the City the approved License 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 hereof were
0112.20252:4928-2352-4721
discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter
551, Texas Government Code, as amended.
RESOLVED this 23rd day of October, 2025.
if
CRAIG ORG , Mayor
City of and Rock, Texas
ATTEST:
J*Lie
FRANKLIN, City Clerk
2
EXHIBIT
"A"
CITY OF ROUND ROCK
DOWNTOWN SIDEWALK
FURNITURE PROGRAM
1. Program Established.The City Council of Round Rock hereby establishes a Downtown
Sidewalk Furniture Program(the "Program")whereby businesses located Downtown may be
permitted to place Sidewalk Furniture within the City-owned right-of-way adjacent to said
businesses.A property owner must obtain a Downtown Sidewalk Furniture License Agreement
(the"License Agreement").Additionally,a building occupant or a property owner must obtain
an Annual Sidewalk Furniture Permit.
2. Definitions. As used herein,certain terms shall be defined as follows:
a) downtown (DT). DT is defined geographically beginning with the eastern edge
of the northbound frontage road of Interstate Highway 35 where it crosses the
approximate centerline of Brushy Creek,then proceeding south along said edge
of the northbound frontage road to the approximate centerline of the northern
most track of the Union Pacific Railroad, then proceeding northeast along the
approximate centerline of the northern most track of the Union Pacific Railroad,
then proceeding north along the property line between 1099 East Main Street
and 1201 East Main Street, then proceeding east along East Main Street, then
proceeding north along the eastern property line of 1280 East Main Street,then
proceeding north along the western property line of 1116 East Austin Avenue to
the approximate centerline of Brushy Creek, then proceeding west along the
approximate centerline of Brushy Creek to the eastern edge of the northbound
frontage road of Interstate Highway 35,being the point of beginning. DT map
is shown in Exhibit 1.
b) Downtown Sidewalk Furniture. A collective term for commercial grade
moveable outdoor furniture and features that are manufactured for exterior uses
that a business places in public rights-of-way or open space adjacent to the
business such as planters,tables,umbrellas,benches,chairs,and sandwich board
signs.
c) Commercial Use. For purposes of this program, commercial use shall be any
property which is in DT except for residential districts as defined in the Code of
Ordinances,Article II,and MU-L zoned properties.
3. License Agreement Requirements, The City Manager is authorized to execute License
Agreements with owners of properties with a commercial use located in DT for placement of
Downtown Sidewalk Furniture in accordance with the requirements of this Program.No person
shall be allowed to place Downtown Sidewalk Furniture on City-owned property unless they
have submitted an application for a License Agreement and received a License Agreement
executed by the City Manager. A copy of the approved form for the License Agreement is
attached herein as Exhibit 2.When the City opts to place Downtown Sidewalk Furniture in front
of a business,the business may apply for a License Agreement only for items in compliance with
the Program and not provided by the City.
4. License Agreement Application. Prior to the issuance of a License Agreement, an
application shall be submitted to the Planning and Development Services Department.The first time
an application is submitted for a License Agreement, an application must be submitted for the
Annual Sidewalk Furniture Permit simultaneously. Staff shall generate an exhibit showing the
allowable area where the applicant is eligible to place Downtown Sidewalk Furniture and said
exhibit shall be attached to the License Agreement Application. A new License Agreement is
required when the site has a new property owner.
5. Annual Sidewalk Furniture Permit Requirements, The first time an application is
submitted for a License Agreement, an application must also be submitted for the Annual
Sidewalk Furniture Permit. After a License Agreement is approved for a site, renewal of an
Annual Sidewalk Furniture Permit is required for each subsequent calendar year beginning
January 1 or when the site has a new building occupant. The placement of the Downtown
Sidewalk Furniture shall be subject to the following requirements:
a) Downtown Sidewalk Furniture shall be allowed only in the public right-of-way
adjacent to commercial uses in DT.
b) Downtown 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) Downtown 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 the American with Disabilities
Act(ADA)accessible routes;or(d)otherwise cause a safety hazard.
d) Downtown Sidewalk Furniture shall not obstruct sight visibility triangles at the
intersection of two(2)public streets.
e) Downtown Sidewalk Furniture shall be required to be of a commercial grade
and manufactured for exterior use. No plastic sidewalk furniture shall be
permitted with the exception of sandwich board signs.
0 Downtown Sidewalk Furniture which is not maintained in good condition may
be immediately removed at the sole discretion of the City.
g) Sandwich board signs shall be subject to the standards in the Code of Ordinances
Sec. 8-79(a).
6. Annual Sidewalk Furniture Permit Application. Prior to the issuance of an Annual
Sidewalk Furniture Permit,an application shall be submitted to the Planning and Development
Services Department.The following information shall be included with the application:
a) A description of the Downtown Sidewalk Furniture;and
b) Photos showing color, style, and materials of Downtown Sidewalk Furniture.
7. Annual Sidewalk Furniture Permit Fee. A $50 fee shall be required for the Annual
Sidewalk Furniture Permit.
8. Existing Sidewalk Furniture.Within sixty(60)days of the adoption of this Program,the
property owners of DT sites with any existing Downtown Sidewalk Furniture must submit an
application for a License Agreement and the property owner or building occupant must submit
an Annual Sidewalk Furniture Permit Application. The annual application fee will be waived
if the application is received within sixty (60) days. In the event that an application is not
submitted and approved,the Downtown Sidewalk Furniture is subject to removal by the City.
9. Approval or Denial of Application. City staff may approve or deny an application for
an Annual Sidewalk Furniture Permit.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: DT Map
Exhibit 2: License Agreement Form
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Exhibit 2: License Agreement
DOWNTOWN SIDEWALK
FURNITURE LICENSE
AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This Downtown Sidewalk Furniture License Agreement(hereinafter"Agreement") is made
this day of , 202_, by and between the CITY OF ROUND ROCK,
TEXAS a Texas home rule municipality, whose address is 221 East Main Street, Round Rock,
Texas 78664 (hereinafter "Licensor"), and , whose
address is (hereinafter the "Licensee").
Whereas, Licensor is the owner of the real property (hereinafter, "Property") located
Downtown in the City of Round Rock, Williamson County, Texas, which is public right-of-way,
specifically located at ;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:
I. License
1.1 Licensee shall have the right to place Sidewalk Furniture in the public right-of-way
described herein.
1.2 It is understood that this Agreement creates a license only and that Licensee do not and
shall not claim at any time any interest or estate of any kind in the public right-of-way
located within the Property by virtue of this license.
1.3 This License only applies to Sidewalk Furniture placed in the allowed area shown in
the exhibit attached to the License Agreement Application. Licensee shall present a
detailed plan to the PDS Director for review and approval. Approval of any plan shall be
solely within the discretion of the PDS Director or his designee.
1.4 It is further understood that Licensee must comply with all other requirements of the Code
of Ordinances of the City of Round Rock, Texas.
II. Consideration
2.1 In consideration for grant of this License Agreement, Licensee is not required to
{
pay Licensor a fee; however, an Annual Sidewalk Furniture Permit fee of $50 is
required.
III. Nonassignability
3.1 The license granted in this Agreement is personal to Licensee. This Agreement is not
assignable.Any assignment in violation of this Agreement will automatically terminate the
license.Notwithstanding the foregoing,with the consent of the Licensor,Licensee shall be
permitted to assign Licensee's license under this Agreement to any entity acquiring all or a
portion of Licensee's property adjacent to the Property or a property owners association
created to maintain Licensee's improvements provided such assignee assumes Licensee's
obligations and rights granted under this Agreement, and Licensee shall be released from
any and all obligations hereunder accruing after such assignment.
IV. Terminable at Will
4.1 This Agreement is terminable by either party at will by the giving of actual notice to the
other party. Upon termination, any improvements to the Property, at Licensor's option
exercised in writing, will become the property of Licensor and it is agreed that Licensor
will not reimburse Licensee for any costs expended for said improvements.
V. Indemnity
5.1 LICENSEE SHALL COMPLY WITH THE REQUIREMENTS OF ALL
APPLICABLE LAWS, R(JLES 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 THE LICENSE UNDER THIS
AGREEMENT, EXCEPT FOR ACTS OF LICENSOR OR ITS OFFICERS,
AGENTS OR EMPLOYEES, THAT ARE NEGLIGENT OR OF WILLFUL
MISCONDUCT OR OF LICENSOR'S CONTRACTOR'S ACTS THAT ARE
NEGLIGENT OR OF WILLFUL MISCONDUCT.
VI. Release
6.1 Licensee assume 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 any 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 under this Agreement whether or not said claims, demands and causes of action in
whole or in part are covered by insurance.
VII. Venue
7.1 This Agreement shall be construed under and accord with the laws of the State of Texas,
and all obligations of the parties created hereunder are performable in Williamson County,
Texas. Venue for any dispute under this Agreement shall lie exclusively in the courts of
Williamson County,Texas.
VIII. Notice
8.1 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:
LICENSOR: City of Round Rock
ATTN: City Manager
221 East Main Street
Round Rock, Texas 78664
LICENSEE:
[Signature pages to follow.]
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this
day of ,202_.
LICENSEE:
By:
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this the day of the month
of , 202_, by (Name),
(Title)of ,on behalf of said entity,known by me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of and on behalf of said entity and in the capacity and for the purposes
and consideration therein expressed.
Signature
Printed Name
Notary Public, State of
After executing,please return to:
Planning and Development Services
301 West Bagdad Avenue, Suite 210
Round Rock,TX 78664
LICENSOR:
City of Round Rock,Texas
By:
Brooks Bennett, City Manager
Date:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
This instrument was acknowledged before me on this day of , 2025,
by Brooks Bennett, City Manager of the City of Round Rock, in the capacity and for the purposes
and consideration therein indicated.
Signature
Printed Name
Notary Public, State of Texas