HomeMy WebLinkAbout033863 ORD - 02/17/2026Ordinance amending Section 49-15 of the Corpus Christi Code to authorize
easement encroachment licenses prior to an encroachment.
WHEREAS, an easement encroachment license provides a remedy for property
owners who accidentally encroach on City easements;
WHEREAS, this amendment will allow an applicant to request permission for
encroachment when there is a need to construct in a City easement; and
WHEREAS, an easement encroachment license that is terminable at any time by
the City does not constitute an alienation or lease of City property pursuant to Corpus
Christi City Charter Article IX.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 49-15 "Easement Encroachment License" of the Corpus Christi
Code is amended by adding the following language that is underlined (added) and
deleting the language that is stricken (cricked) as delineated below:
Sec. 49-15. — Easement Encroachment License.
(a) Any person that who proposes to erect or construct, or who has erected,
constructed or maintains an encroachment structure on or in a City easement
may obtain an easement encroachment license therefor. An easement
encroachment license may be obtained by filing a written application with the
department of development services. The application shall state the name
and address of the owner of the adjacent real property benefited by the
existing or proposed encroachment and shall be accompanied by a legal
description of the adjacent real property benefited by the encroachment, a
one -sheet plot plan illustrating the location and dimensions of the
encroaching structure and a written justification as to the need for the
encroachment.
(b) Each applicant for an encroachment license shall, at the time of filing the
application, pay a nonrefundable application fee as established in section 14-
1341.
(c) Easement encroachment license may be granted by the city manager or
designee where the following criteria apply:
(1) The encroachment will not be detrimental to the health, safety or
welfare of the community or the surrounding property;
(2) The encroachment will not interfere with access to any public place;
(3) The encroachment does not require the relocation of public or
franchise utilities and said utilities have no objections to the
encroachment;
(4) All crccted structures or improvements are in compliance with Unified
Development Code and building code standards; and
(5) The encroachment is less than one-third of the total width of the
easement.
SCANNED ,
u8 6 c6,tJ
(d) If the city manager or designee finds that the encroachment meets the criteria
in subsection (c), they shall approve the application. If the proposed
encroachment does not meet each of the criteria set out in subsection (c),
the city manager or designee shall deny the license, giving their reasons in
writing.
(e) Requests for an easement encroachment license that do not meet the criteria
of subsection (c) may be granted by city council.
(f) If at any time it is determined by the city manager or designee that the
encroachment structure has become detrimental to the health, safety or
welfare of the community or the surrounding property, interferes with access
to any public place, or if a public works project or development requires
removal of the encroachment, the encroachment license granted hereunder
shall be revoked by the city manager or designee upon providing the licensee
thirty (30) days' notice thereof.
(g)
Encroachment licenses shall run with the property and be recorded in the
real property records of Nueces County, Texas.
(h) No encroachment licensed under the ordinance codified in this section is
intended to grant any permanent right or title to all or any portion of an
easement, or other city property, and does not constitute alienation of the
city's property right.
(Ord. No. 032006, § 1, 1-28-2020; Ord. No. 032546, § 11, 9-7-2021)
SECTION 2. If for any reason any section, paragraph, subdivision, sentence,
clause, phrase, word, or provision of this Ordinance shall be held to be invalid or
unconstitutional by final judgment of a court of competent jurisdiction, such judgment
shall not affect any other section, paragraph, subdivision, sentence, clause, phrase,
word, or provision of this Ordinance, for it is the definite intent of this City Council
that every section, paragraph, subdivision, sentence, clause, phrase, word, or
provision of this Ordinance be given full force and effect for its purpose. The City
Council hereby declares that it would have passed this Ordinance, and each section,
paragraph, subdivision, sentence, clause, phrase, word, or provision thereof,
irrespective of the fact that any one or more sections, paragraphs, subdivisions,
sentences, clauses, phrases, words, or provisions be declared invalid or
unconstitutional.
SECTION 3. This ordinance is effective immediately upon final passage.
2
Introduced and voted on the 10* day of , 2026.
P : • and APPRO Don the 1711' day of , 2026.
ATT
vt
e
Paulette Guajardo, May
ccuerta, City Secretary
033863 -