Loading...
HomeMy WebLinkAbout08571ORDINANCE NO. 8571 AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XII RELATING TO EXCAVATIONS AND BORING IN THE PUBLIC RIGHT-OF-WAY, APPLICATIONS, AND FEES AND CHARGES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection (a) of Section 1 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-6-1. Permit required; issuing authority; displaying. (a) Wherever in this Chapter the word person appears, it shall be understood to mean any person, firm, corporation, partnership, utility company, or the Colorado School District No. 60 or the Board of Water Works Department of Transportation unless specifically noted otherwise. SECTION 2. Subsection (2) of Section 3 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-6-3. Persons entitled to. The Director of Public Works shall, upon filing a sufficient application and payment of the appropriate pavement impact fee or excavation permit fee, grant permits to dig, open, excavate, bore or cause to be dug, opened, bored or excavated any street, alley, sidewalk or other public way or place in the City to the following: . . . the Colorado (2) The Board of Water Works, School District No. 60, Department of Transportation, utility companies and persons authorized by the City Council by ordinance, resolution or contract to perform work in or upon any street, alley, sidewalk or other public way or place in the City. SECTION 3. Subsection (f) of Section 4 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 12-6-4. Conditions. . . . [] fifty-dollar (f) Applicants shall pay a thirty-five-dollar permit fee to [ , or to excavate within the public right-of-way outside of paved street or alleys. ] bore under any street or alley. Entities exempt from paying the pavement [] fifty- impact fee pursuant to Section 12-6-4.1(f) shall pay the thirty-five-dollar [] dollar permit fee to excavate within or bore under any street, alley or public right-of-way. The fees provided for in this Subsection may be modified or amended by resolution of the City Council. SECTION 4. Subsection (f) of Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is amended to read as follows: Sec. 12-6-4.1 Pavement impact fee. . . . the Colorado Department of (f) The City, the Board of Water Works, Transportation and entities granted franchises pursuant to Article 16 of the Charter are exempt from paying a pavement impact fee, provided that this and bore permits exemption shall not apply to excavation permits issued to , the persons hired by or contracting with the City, the Board of Water Works Colorado Department of Transportation or utilities granted franchises pursuant to Article 16 of the Charter to perform construction work in any street, alley, sidewalk or other public way or place in the City. SECTION 5. Section 4.1 of Chapter 6, Title XII of the Pueblo Municipal Code is hereby amended by the addition of the following new subsections (h) and (i): Sec. 12-6-4.1 Pavement impact fee. . . . (h) Applicants shall pay a $100 permit fee to bore under any street or alley. Entities exempt from paying the pavement impact fee pursuant to Section 12-6-4.1(f) shall pay the $100 permit fee to bore under any street or alley. It shall be unlawful for any permittee to disturb the surface or sub- base when boring under streets or alleys. Applications for a bore permit shall include the dimensions and locations of boring and receiving pits and other ground disturbance. (i) Any person commencing excavation or boring work prior to obtaining the necessary permits, other than under the emergency conditions specified in Section 12-6-1(d), shall pay excavation and boring permit fees and pavement impact fees in an amount equal to twice the amount of fees assessed for applications submitted prior to the commencement of excavation or boring work. SECTION 6. This Ordinance shall become effective upon final passage. INTRODUCED: January 28, 2013 BY: Chris Kaufman PASSED AND APPROVED: February 11, 2013___ Background Paper for Proposed ORDINANCE DATE: JANUARY 28, 2013 AGENDA ITEM # R-3 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE AN ORDINANCE AMENDING CHAPTER 6 OF TITLE XII RELATING TO EXCAVATION AND BORING IN THE PUBLIC RIGHT-OF-WAY, APPLICATIONS, AND FEES AND CHARGES THEREFOR ISSUE Should the City Council amend Chapter 6 of Title XII relating to excavation and boring in the public right-of-way, applications, and fees and charges therefor? RECOMMENDATION Approval of this Ordinance. BACKGROUND Ordinance No. 6916 adopted on November 25, 2002 established pavement impact fees for the purpose of recovering costs incurred by the City due to pavement degradation caused by excavations. The fees and the Ordinance have not been adjusted or updated since that time. The proposed amendments would have the following adjustments 1. The excavation permit fee would increase from $35 to $50. 2. A new section for directional boring would be included in the list of construction activities requiring an excavation permit and an additional fee. Directional boring is a common technology for utility installations. Due to the complications that could arise (a steerable trenchless method that installs underground pipes, conduits and cables in a shallow arc along a prescribed bore path by using a surface launched drilling rig, with minimal impact on the surrounding area) the directional boring fee will be $100. 3. The Colorado Department of Transportation is an entity granted franchise within the City; therefore, it will be exempt from a pavement impact fee. This exemption, however, does not pertain to contractors hired by these entities. 4. In 2012, 122 excavations were found completed/in-process without a permit or notification of an emergency. A new section has been added which would double the fee for any person or entity that does any excavation work without a permit, other than emergency repairs or utility lines that endanger the property life, health, or safety of any individual. FINANCIAL IMPACT The proposed Ordinance will increase excavation fees and impose penalties for non- emergent excavating without a permit, which will fund estimated maintenance costs as well as anticipated capital improvements. The proposed rate increase is expected to generate additional revenue of approximately $50,000 per year.