Commission adopts amended right‑of‑way regulations and fee schedule after PUB requested edits

2896320 · March 4, 2025

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Summary

The City Commission approved second/final reading of an ordinance amending Chapter 86 (streets, sidewalks and public places) to establish right‑of‑way management rules, closure/encroachment provisions and set fees for private use of the ROW and special events, after Brownsville Public Utilities Board counsels worked with city attorneys on edits.

The City Commission on March 4 approved the second and final reading of Ordinance 2024‑223d to amend Chapter 86 of the city code and adopt updated right‑of‑way management regulations and a revised master fee schedule for private use and encroachment of the public right of way.

Staff said the item was pulled from the consent agenda earlier in the meeting to allow last‑minute edits proposed by the Brownsville Public Utilities Board (BPUB). City staff and representatives for BPUB reviewed and negotiated language changes during the meeting; Juan Pecanillo identified himself as local counsel for BPUB and told the commission that BPUB supported the edited language.

The amendments clarify that the new article applies to private use of the right of way and that separate sections already cover city and BPUB activities. The ordinance includes provisions enabling closure of streets for special events, encroachment permits for outdoor dining and other private uses, and fees for a private‑use encroachment license and special event ROW use.

Commissioners moved and seconded a motion to approve the ordinance as amended; the motion carried by voice vote. Staff said the ordinance reflects requested adjustments to preserve PUB's operational authority while creating a separate, enforceable article for private uses and fees.

Why it matters: The ordinance sets a citywide framework for permitting and charging for private uses of public rights of way, including sidewalks and streets, and clarifies how the city and BPUB will be treated under the code.

Speakers on record included Juan Pecanillo (local counsel for the Brownsville Public Utilities Board) and city staff.