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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