License for Private Use of Public Property.

Austin City Code tit. 14, ch. 14-11, art. 1, div. 3

in effect

Austin City Code § 14-11-41 APPLICATION APPROVAL.

§ 14-11-41 - APPLICATION APPROVAL. (A) The city manager may approve an application for a license for the private use of public property unless the city manager determines that the proposed license interferes with the public use of the property. (B) The city manager may forward a license application to the council for consideration if the city manager determines that the application proposes an activity or encroachment that is unusual or of significant public interest. Source: 1992 Code Section 15-12-41; Ord. 031204-12; Ord. 031211-11; Ord. 20060504-039.

Austin City Code § 14-11-42 APPRAISAL OF PROPERTY.

§ 14-11-42 - APPRAISAL OF PROPERTY. After the approval of an application for a license for private use of public property, the city manager shall establish the appraised value for the affected property. Source: 1992 Code Section 15-12-42; Ord. 031204-12; Ord. 031211-11; Ord. 20060504-039.

Austin City Code § 14-11-43 ANNUAL FEE.

§ 14-11-43 - ANNUAL FEE. (A) Except as provided in Subsections (C), (E), (F), (G), and Section 14-11-46 (Waiver for Subterranean Tunnel), the holder of an approved license agreement shall pay the City an annual license fee. (B) Except as provided in this subsection, the fee for a license agreement is the fee established by separate ordinance. (1) The annual fee for use of the surface of public property is 10 percent of the appraised value of the property. (2) The annual fee for use of the area underneath public property is five percent of the appraised value of the property. (3) The annual fee for use of the area above public property is 7.5 percent of the appraised value of the property. (C) An annual fee shall not be assessed if the license agreement is for property dedicated to the City without charge if the dedicator continues to possess the adjacent property or an underlying interest in the adjacent property that will benefit from the license. (D) The annual fee may be amended every two years after the date that the license agreement is executed. (E) The city manager may waive an annual license fee if the city manager determines that the license agreement benefits the licensed property. (F) The city manager shall waive an annual license fee if the city manager determines that: (1) the license agreement authorizes landscaping, overhead pedestrian cover, or a roof drain on adjacent public property; and (2) the overhead cover, if any, is provided by a projection from a building, including a balcony or awning, or an arcade that is open to the street. (G) If the holder of an approved license agreement for a drop-off zone also provides on-street valet parking under City Code Chapter 13-5 (Valet Parking Services), the annual fee for the drop-off zone is reduced by the amount of the fee due under Section 13-5-22(A)(3) (Application for a Valet Operating License). Source: 1992 Code Section 15-12-43; Ord. 031204-12; Ord. 031211-11; Ord. 031211-16; Ord. 20060504-039; Ord. 20060831-068; Ord. 20130627-083; Ord. No. 20260423-031, Pt. 3, 5-4-26.

Austin City Code § 14-11-44 CONTENTS OF LICENSE AGREEMENT.

§ 14-11-44 - CONTENTS OF LICENSE AGREEMENT. Except as provided in Section 14-11-46 (Waiver for Subterranean Tunnel), a license agreement approved under this division must contain: (1) a provision allowing the council to terminate the license without cost to the City not earlier than the 91st day after issuing a written notice of the termination to the licensee and to the affected adjoining landowners; (2) a provision describing an insurance requirement; (3) a provision establishing a lien on the applicant's property adjacent to the property covered by the license agreement; and (4) other provisions that the city manager determines are necessary. Source: 1992 Code Section 15-12-44; Ord. 031204-12; Ord. 031211-11; Ord. 031211-16; Ord. 20060504-039.

Austin City Code § 14-11-45 EXECUTION OF LICENSE AGREEMENT.

§ 14-11-45 - EXECUTION OF LICENSE AGREEMENT. Unless a fee is not required under Section 14-11-43 (Annual Fee), the city manager may not execute a license agreement until the licensee has paid the fees required under this division. Source: 1992 Code Section 15-12-45; Ord. 031204-12; Ord. 031211-11; Ord. 20060504-039.

Austin City Code § 14-11-46 WAIVER FOR SUBTERRANEAN TUNNEL.

§ 14-11-46 - WAIVER FOR SUBTERRANEAN TUNNEL. (A) In this section, "subterranean tunnel" means a conveyance facility for water, wastewater, or storm water that is 30-inches or larger in diameter installed by a horizontal excavation technique at a depth of 20 feet or more below the surface. (B) The city manager may waive the fee requirement established in Section 14-11-43 (Annual Fee) and the insurance and termination provisions established in Section 14-11-44 (Contents of License Agreement) for a subterranean tunnel. Source: Ord. 031211-16; Ord. 20060504-039; Ord. 200080228-029.

Austin City Code § 14-11-47 ADDITIONAL APPEAL REQUIREMENTS.

§ 14-11-47 - ADDITIONAL APPEAL REQUIREMENTS. (A) After receiving an appeal filed under Section 14-11-3 (Appeal), the city manager shall establish the appraised value of the property that is the subject of the application. (B) A person who appeals the decision of the city manager must submit an appeal fee in an amount equal to the first annual fee under the proposed license agreement. Source: 1992 Code Section 15-12-46; Ord. 031204-12; Ord. 031211-11; Ord. 20060504-039.

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_DIV3LIPRUSPUPRFetched: 10/27/2026