A
property owner or a tenant, with the written consent of abutting
property owner(s), may apply to the city for a revocable or private
license to use the whole or part of the abutting public right-of-way.
Fees will be charged for the use of public right-of -way in accordance
with the Dallas City Code.
Your Request Must Include:
- a
letter to the Sustainable Development and Construction Department, Real
Estate Division from the owner(s) and/or tenant(s) requesting the
license and stating the following: details of proposed use; whether
property is vacant or improved, if improved, what type of building;
number of jobs, if any, to be created by project; project start and end
date; pending actions with other city departments such as zoning,
subdivision, economic development and public works & transportation;
- a non-refundable $750 application fee
and a $75 recording fee payable to the City of Dallas. The application
fee will be credited to the first year's license fee;
- written concurrence of all abutting owners, if more than one, for the area proposed to be licensed;
- copies
of recorded deeds showing current ownership of all property abutting
the area proposed to be licensed and, if a tenant, a copy of the lease;
- a plat showing the proposed license area and in some cases, detailed drawings; and
- metes
and bounds description and survey plat of "license area" prepared by a
registered public surveyor according to City of Dallas "Survey
Guidelines". All metes and bounds descriptions submitted must be
accompanied by an executed City of Dallas "Surveyor's Certificate".
Upon
receipt of the request for a license, a real estate specialist will be
assigned to the project. Any questions concerning the project should be
directed to the assigned specialist. Please direct all inquiries to the
Sustainable Development and Construction Department, Real Estate
Division at 320 East Jefferson Boulevard, Suite 203, Dallas, Texas 75203
(214-948-4100).
Typical Steps Required to Process a License Request (if complete)
- Applicant's
request is reviewed, file established, and response forms sent to City
departments, public utility companies and telecommunication franchisees
affected by the proposed request. (2 days)
- All
response forms sent to City departments, public utility companies and
telecommunication franchisees are received by the Sustainable
Development and Construction Department, Real Estate Division. (15 days)
- Summary memo of responses prepared by
Specialist (2 days). A temporary license for telecommunication and
landscaping uses may be issued administratively in hardship situations
after completion of Summary Memo.
- Metes and bounds description is approved by the City Surveyor. (15 days)
- The
license fee is determined based upon the intended use and the tax
assessed value of the land abutting the public right-of-way, as required
by the City Code. License fees are paid annually and, if calculated
pursuant to the formulas below, reviewed annually to determine whether
fees will increase or decrease based upon the tax assessed land value.
Licenses for telecommunication uses are tied to the CPI-W after the
first year. (1day)
Fees are calculated as follows:
Fee for surface use = area X assessed value X 85% X 12%,
Fee for air rights = area X assessed value X 85% X 85% X 12%,
Fee for subsurface use = area X assessed value X 30% X 12%,
Fee for commercial parking = 50% of gross receipts
EXCEPTIONS: Fees for the following uses are as follows pursuant to Ordinance No. 27775 adopted December 9, 2009:
Landscaping and appurtenant uses: $1,000 (one-time fee)
Awnings and canopies, without a premise sign as defined in Section 51A-7.102(28) of the
Dallas City Code: $1,000 per awning or canopy (one-time fee)
Subdivision signs: $1,000 per sign* (one-time fee)
Streetscape improvement projects, including but not limited to, landscaping as part of a
streetscape improvement project, planters, crosswalk texturing and coloring, artwork, lighting,
benches, and trash receptacles: $5,400 (one-time fee)
All fees will be the greater of the calculated fee or the minimum annual fee of $1,000 plus a $20 ordinance publication fee.
- Draft ordinance is prepared by the
Sustainable Development and Construction Department, Real Estate
Division and sent to City Attorney's office. (10 days)
- Ordinance reviewed and approved by City Attorney's Office. (10 days)
- Proposed
ordinance, "No Conflict of Interest" Statement and acceptance letter
are sent to applicant for review and approval of terms. Applicant must
return signed acceptance letter, "No Conflict of Interest Statement" and
the required insurance certificate prior to scheduling for Council
action. (1-3 weeks)
- Proposed ordinance
delivered to agenda coordinator for Council action (Cutoff for an agenda
is 23 days prior to next available agenda date).
ALL
TAXES OWED and ALL OUTSTANDING CODE VIOLATIONS must be paid or resolved
by Applicant prior to scheduling an item for Council action.
This
procedural outline details only the steps required for the completion
of a routine request. At each step problems can be encountered that
delay or terminate the process.
For additional information, please contact: 214-948-4100; Fax (214) 948-4083 or (214) 948-4118.