CONTENTS OF ENCROACHMENT AGREEMENT.
Austin City Code § 14-11-53
in effect§ 14-11-53 - CONTENTS OF ENCROACHMENT AGREEMENT.
An encroachment agreement approved under this division must contain:
(1) a provision describing an insurance requirement;
(2) a provision stating that the right-of-way shall automatically revert to the City if the encroachment terminates or is abandoned;
(3) a provision establishing a lien on the adjacent property covered by the agreement if the City incurs costs of removal or modification on termination;
(4) a provision requiring payment of costs of repair or relocation of public infrastructure damaged or destroyed as a result of the encroachment;
(5) a provision requiring ongoing maintenance and repair of the encroachment as required to maintain the structural integrity of the encroachment and the right-of-way;
(6) a provision that the agreement runs as a covenant on the land adjoining the property on which the encroachment exists as long as the encroachment exists;
(7) a provision that the agreement may not be assigned or transferred without prior written consent of the director; and
(8) other provisions that the council or city manager determines are necessary.
Source: Ord. 20130808-021.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-11USRI-W_ART1DIPUEARI-W_DIV4PEENPURI-W_S14-11-53COENAGFetched: 10/27/2026