HomeMy WebLinkAboutITEM II-C
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Right-of-Way Use Permit #09-19 June 12, 2009
Department:Attachments:Budget Impact:
Public WorksPermit Conditions and Map$ 0
Administrative Recommendation:
Public Works Committee Approve Right-of-Way Use Permit #09-19 Buena Vista SDA School
Background Summary:
Buena Vista SDA School has applied for renewal of a Right-of-Way Use permit for a term of 5 years. This
permit is for an existing underground electrical conduit crossing Academy Drive SE. Please see the
attached map.
The applicant will not be installing any additional electrical conduit in the right-of-way. This permit is for
an existing underground conduit already in the right-of-way that was installed under a previous permit that
has expired and needs to be renewed.
W0706-4
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Wagner Dowdy
Meeting Date:Item Number:
July 6, 2009
Right-of-Way Use Permit Special Conditions
for ROW #09-19
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall maintain current insurance throughout the life of the
permit and provide the City with proof that they are insured.
3. Applicant shall provide a signed and notarized Hold Harmless
agreement.
4. Any future maintenance performed on the underground electrical
conduit which could impact the road structure or traffic flow/safety
would need to be approved by the City through a Construction Permit.
5. Applicant shall be financially responsible for the repair, maintenance
and relocation of the underground electrical conduit and/or any other
costs associated with the resolution of any arising conflict.
6. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
W0706-4A