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Home My WebLink AboutAdmin Order 58-03-21-FADMINISTRATIVE ORDER NO. 58-03-21-F of the City Manager of the City of Eugene AMENDMENT OF UTILITY RIGHT -OF -WAY USE PERMIT FEE SCHEDULE; RATIFICATION OF UNAMENDED FEES; AND REPEAL OF ADMINISTRATIVE ORDER NO. 58-02-29- F. The City Manager of the City of Eugene finds as follows: A. Section 2.020 of the Eugene, Code, 1971 authorizes the City Manager to determine and set fees and charges to be imposed by the City for services, goods, use of municipal property, and licenses and permits. In accordance with the procedures set forth therein, and the authority of Section 7.300 of the Eugene Code, 1971, Administrative Order No. 58- 02 -29 -F was adopted on February 18, 2003, establishing the major aerial installation permit fees and reformatting and ratifying the unamended Utility Right -of -Way Permit Fee Schedule. B. On November 19, 2003, I issued Administrative Order No. 58-03-21 and notified the Mayor and City Council that I intended to amend the Annual "Blanket°' Permit fees and Individual Permit fees set forth in Sections I and II of the Utility Right -of WayUse Permit Fee Schedule (which were scheduled to sunset on December 31, 2003), as more particularly set forth in the Notice of Intended Fees attached as Exhibit A thereto, effective January 1, 2004, C. The Notice of Intended Fees was posted at two locations at City Hall and published in the Register Guard, a newspaper of general circulation within the City, on November 25, 2003 and was made available for inspection by interested persons at the office of Damon Joyner, Traffic Technical Team Supervisor, 1820 Roosevelt Boulevard, Eugene, Oregon 97402, during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday, exclusive'ofholidays). The Notice provided that written comments would be received thereon for a period of 30 days from the date of posting and publication. No comments were received within the time and manner provided in the Notice. However, during the comment period staff noted that in Section III (Major Arterial Installation Permit Fee) of the Fee Schedule (for which no amendments were proposed), the second sentence of Step Two states "This rate shall be applicable for the calendar year 2003." I did not intend to amend or have the rate established under Step Two sunset. Staff recommended that, to make Step Two consistent with my intent, this sentence should be deleted I concur with the recommendation, and that correction is reflected in the attached Fee Schedule. D. Based on the above findings, and the findings in Administrative Order No. 58- 03 -21, I find that amendment of the permit fees as referenced in Finding B above is consistent with applicable policies and directives of the City Council, comparable to the fees established in other Administrative Order - 1 CAWINDOWS1Ternporary Internet Files \OLKB202103UtilityROW2ao.wpd (00067550).WPD(12/26103) jurisdictions for providing such services, and is necessary to comply with the City Council's directive and the requirements of Section 7.300 of the Eugene Code, 1971, that all of the City's costs related to processing permit applications and inspecting permitted work during be fully recovered, and the Utility Right -of -Way Permit Fee Schedule should be amended as set forth in the attached Exhibit A. The unamended fees therein should be ratified and Administrative Order No. S 8-02 -29-F should be repealed as of midnight, December 31, 2003. On the basis of these findings, I order that: 1. Administrative Order No. 58-02-29 -F, and the fees established therein is repealed as of midnight, December 31, 2003. 2. The fees set forth in Exhibit A are hereby established and/or ratified as the fees to be charged for the services set forth therein, effective January 1, 2004. Dated thi day of December, 2003. ,�..�' PP r IKA Den is M. Taylor City Manager Administrative Order - 2 CAWINDOWSWemporary Internet Files l0LKB202103UtilityROW2ao.wpd (00067550),WPD(12/25/03) UTILITY RIGHT -OF -WAY USE PERMIT FEES (Effective January 1, 2004) I. Annual "Blanket" Permits (3) Application Activity $500.00 per permit $100.00 per each Provider activity II. Individual Permit Costs: III. Major Aerial Installation Permit Fee If the activity to be permitted on an individual permit involves a primarily aerial installation only , and °xceeds 26,400 feet (5.0 miles), the permit fee shall be computed in two steps, as follows: Step One. The initial 26,400 feet (5.0 miles) shall be permitted under the existing site specific permit fee contained in Section 11. Step Two. All additional footage over 26,400 feet (5.0 miles) shall be computed at the rate of $ 0.10 cents per foot. Primarily aerial installations only that are less than 26,400 feet and not specifically authorized under a blanket permit remain subject to the site specific permit fees of Section 11 of this schedule. For purposes of this section, "primarily aerial installation" is the installation of wire or cable type facilities on existing poles or approved above - ground structures. The installation or replacement of pole anchors may be approved as part of an aerial installation permit as long as the installation is completed within a radius of 10 feet from the existing pole or structure. Other ancillary equipment and underground facilities shall not be considered aerial components under this Schedule and as such shall require a separate site specific permit under Section 11 of this Schedule. In addition to these requirements, all aerial activities shall comply with the standards contained within the Utility and Right-of-Way Permits Construction Within and Use of the Public Way Policies and Procedures Manual, and other applicable documents. IV. Additional Fees • Failure to maintain "approved plans" on work site at all times: $100 per occurrence. • Deviation from "approved plans" without prior authorization of the Utility Inspector: $500 per Exhibit A - I J:%e main\00090%001a%00068448.WFD(12 /26/03) 1 Facili Joint 2 Facilities Trench (2 4 Facilities 3 Facilities Street Type (4 )(5) Local Arterial Local Arterial Local Arterial Local Arterial Projects 0 to 99 ft. $350 $410 $230 $275 $205 $240 $200 $235 Projects from 100 to 499 ft. $435 $460 $285 $345 $250 $305 $235 $290 Projects from 500 to 999 ft. $555 $670 $365 $425 $310 $385 $300 $350 Projects 1000 to 2000 ft.(l) $715 $890 $470 $580 $405 $495 $370 $460 III. Major Aerial Installation Permit Fee If the activity to be permitted on an individual permit involves a primarily aerial installation only , and °xceeds 26,400 feet (5.0 miles), the permit fee shall be computed in two steps, as follows: Step One. The initial 26,400 feet (5.0 miles) shall be permitted under the existing site specific permit fee contained in Section 11. Step Two. All additional footage over 26,400 feet (5.0 miles) shall be computed at the rate of $ 0.10 cents per foot. Primarily aerial installations only that are less than 26,400 feet and not specifically authorized under a blanket permit remain subject to the site specific permit fees of Section 11 of this schedule. For purposes of this section, "primarily aerial installation" is the installation of wire or cable type facilities on existing poles or approved above - ground structures. The installation or replacement of pole anchors may be approved as part of an aerial installation permit as long as the installation is completed within a radius of 10 feet from the existing pole or structure. Other ancillary equipment and underground facilities shall not be considered aerial components under this Schedule and as such shall require a separate site specific permit under Section 11 of this Schedule. In addition to these requirements, all aerial activities shall comply with the standards contained within the Utility and Right-of-Way Permits Construction Within and Use of the Public Way Policies and Procedures Manual, and other applicable documents. IV. Additional Fees • Failure to maintain "approved plans" on work site at all times: $100 per occurrence. • Deviation from "approved plans" without prior authorization of the Utility Inspector: $500 per Exhibit A - I J:%e main\00090%001a%00068448.WFD(12 /26/03) occurrence. Failure to obtain a Utility Right -of -Way Use Permit prior to commencing a work activity requiring the said permit will result in a fee assessment equal to twice the original permit fee without the benefit of any joint trench fee reduction. V. Notes 1. Projects greater than 2000 ft. in length will be charged the appropriate permit multiples equal to the length of activity. 2. Costs designated are for each facility within the joint trench. 3. The option of applying for an annual blanket permit is only available to providers franchised or licensed by the City. Those providers have the option of obtaining individual right-of-way cut permits for each excavation activity performed within the right-of-way or obtaining an annual blanket permit which covers many activities associated with maintenance and minor installations within the right-of-way, The regulations pertaining to the annual blanket permit program are contained within Section 2 -B of the Utility and Right -of -Way Permits Construction Within and Use of the Public Way Manual adopted by Administrative Rule R- 7.302 -A. 4. Individual Permit Costs for collector streets and alleys are charged the same as local streets. S. Individual Permit Costs for Public Utility Easements (PUE) abutting street right -of -way shall be charged at the same rate as if the 'placement had been in that right-of-way. PUEs not abutting street right -of -way shall be charged at the rate for local streets. VI. Other Exception permit for cutting street less than five years old. $1,000. Exhibit A - 2 J:1e_main\000401001 a100068448. W PD(12/26/03)