City of Pflugerville - File #: ORD-0521

• File #: ORD-0521
• Version: 4
• Type: Ordinance
• Status: Approved
• File created: 6/9/2020
• In control: Engineering Dept
• On agenda: 7/14/2020
• Title: Approving an ordinance on second reading with the caption reading: An Ordinance repealing and replacing the Code of Ordinances of the City of Pflugerville, Texas, Chapter 96, “Streets and Sidewalks”, and renaming Chapter 96 to “Right-of-Way Management”, in order to administer and regulate the use of Public Rights-of-Way for the public interest, health, safety and welfare; providing for the issuance and regulation of permits; establishing fees; providing for a penalty in an amount in accordance with Code of Ordinances, Section 10.99 General Penalty, for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability.

Date	Ver.	Action By	Action	Result
7/14/2020	4	City Council	Approved on Second Reading	Pass
6/23/2020	3	City Council	Approved on First Reading	Pass
6/9/2020	1	City Council	Postponed	Pass

Title
Approving an ordinance on second reading with the caption reading: An Ordinance repealing and replacing the Code of Ordinances of the City of Pflugerville, Texas, Chapter 96, “Streets and Sidewalks”, and renaming Chapter 96 to “Right-of-Way Management”, in order to administer and regulate the use of Public Rights-of-Way for the public interest, health, safety and welfare; providing for the issuance and regulation of permits; establishing fees; providing for a penalty in an amount in accordance with Code of Ordinances, Section 10.99 General Penalty, for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability.

Summary
At the June 9th City Council meeting, Staff presented proposed changes to Chapter 96 of the Code of Ordinances and Council provided feedback including several questions and concerns that have been addressed relating to the current Chapter 96. As a result of that discussion, Sections 96.01, 96.08 and 96.09 have been reviewed and discussed with Legal Counsel and are now proposed separately as Ordinance updates to the applicable chapters. Chapter 96, Section 96.01 “Obstructing Streets & Sidewalks” and Section 96.08 “Repair of Defective Sidewalks” have both been removed from the current proposed Right-of-Way Management Ordinance and are proposed to be relocated within Title XIII General Offense, Chapter 130 “Offenses Against City Regulations” as New Section 130.2 and Section 130.3 respectively, as offenses applicable under Chapter 130. Chapter 96, Section 96.09 “Braking Devices Prohibited” has also been removed from the current proposed Right-of-Way Management Ordinance and will be relocated within Title VII Traffic Code, Chapter 70 “Traffic Rules” as a New Section 70.3.

Staff has coordinated with legal regarding the modification to the proposed Right-of-Way Management Ordinance to account for a need for a Demolition Bond per concerns of City Council a...