HomeMy WebLinkAbout1992-09-01; Municipal Water District; 183; Establish Fees for Encroachment1 .
: - CARLSBAD F”-‘NICIPAL
ADOPT ORDINANCE & RESOLUTION TO
MTG. 9/l/92 ESTABLISH FEES FOR ENCROACHMENT/ WORK IN DISTRICT RIGHT-OF-WAY
’ RECOMMENDED ACTION:
Hold public hearing and adopt Ordinance No. 37 establishing a requirement for encroachment and right-of-way permits and Resolution No. Ro9 authorizing and approving establishing fees for those permits for encroachment/work in District right-of-way.
ITEM EXPLANATION:
Ordinance No. 3? sets the requirement for encroachment and right- of-way permits and authorizes fees for encroachment/work in the Carlsbad Municipal Water District right-of-way for the purpose of defraying the cost of processing an application, issuing the requested permit, inspection of works completed under the permit and other costs of administrating this ordinance.
The engineering staff has reviewed and determined the cost of processing of an encroachment application and issuance of an encroachment permit and recommends the Board of Directors approve and adopt the ordinance and the resolution establishing fees for encroachment/work in District right-of-way.
FISCAL IMPACT:
Staff recommends that the application fee to encroach in the right-of- way be set at $50.00 and the application fee for encroachment existing before application to encroach be set at $100.00. These amounts are consistent with the encroachment fees currently being charged by the City of Carlsbad and are adequate to cover the costs of processing and administrating the application and permit. It is estimated that the fees will generate annual revenues of approximately $1,000. Incremental costs incurred by the District in processing the permits are expected to be minimal as current staff will be utilized. These costs will be absorbed within the current budget.
EXHIBITS:
1. Ordinance No. 39 adopting the establishing of procedures for encroachment in the District right-of-way.
1. Resolution No. to establish fees for recovering services 809 provided by the District to the public for encroachment application and encroachment permit for work in District right- of-way.
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ORDINANCE NO. 3g
ORDINANCE OF THE CARLSBAD MUNICIPAL WATER DISTRICT ESTABLISHING PROCEDURES FOR WORK IN DISTRICT RIGHT-OF-WAY
WHEREAS, the Carlsbad Municipal Water District has determined the necessity for establishing procedures for encroachment in the District right-of-way; and
WHEREAS, it is considered critical for the well being of the public water system to establish rules and regulations which contain restrictions and priorities in the procedures for encroachment in the District right-of-way; and
WHEREAS, this action is the result of construction work within the District right-of-way which may involve clear and imminent danger demanding immediate action to mitigate damage to life, health and property from the 13~s of an essential public service - the delivery of public water supplies:
NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the Carlsbad Municipal Water District as follows:
WORK IN DISTRICT RIGHT OF WAY
sections: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10; 11. 12. 13. 14.
15. 16. 17. 18. 19.
Title. Definitions. District engineer~s authority and responsibilities. Permits--Required. Permits--Application. P8LYUitS--Requirements Of plans. Permits--Commencement and completion of work. Permits-Requirements for performance of work. Permits--Acceptance of work. Permits --Denial and revocation. Appeal procedure. Encroachment application and permit fees. Performance deposits. Placement of materials or obstruction of District facilities. Aboveground encroachments. Exceptions. Relocation of structures--Removal of encroachment. Holding District harmless--Insurance. Exemptions.
1. Title.
This ordinance may be cited as the "Right-of-Way Encroachment
Permit."
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1 2. Definitions.
2 The following words shall have the following meanings as set out in this chapter: 3 (1) "District Engineer I' means the District engineer of the Carlsbad Municipal Water District or his designated representative. 4 (2) "EncroachmentV* means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any 5 structure or object of any kind or character whether or not particularly mentioned in this subsection, which is placed in, 6 under or over any portion of a District facility.
(3) llFacilityVU means any District real property, easement or 7 other interest in real property.
(4) *lPlans@V means the document developed and approved by the 8 District engineer describing the nature and extent of works proposed to be constructed or carried out on a District facility.
9 (5) "SpecificationI means the Standard Specifications for Public Works Construction (current edition including supplements) 10 written and promulgated by Southern California Chapter American Public Works Association and Southern California District 11 Associated General Contractors or California Joint Cooperative Committee and published by Building News Incorporated, or such 12 other specifications noted on approved plans.
(6) "Standard Drawings" means the "standard drawings" of the 13 Carlsbad Municipal Water District, adopted and revised by the District engineer and the most recently adopted San Diego Regional 14 Standard Drawings.
15 3. District engineer's authority and responsibilities.
16 This ordinance shall be administered by the District engineer who shall have the responsibility and authority to: 17 (1) Establish the form and procedures for application for encroachment permits required pursuant to this chapter including 18 the certification of completed applications, the approval of plans, the establishment of files, collection of fees and security 19 deposits;
(2) Interpret the provisions of this chapter and advise the 20 public regarding requirements for plans, specifications, and special provisions for facilities or encroachments subject to the 21 provisions of this chapter; (3) Establish format and content of plans and standards 22 governing work on facilities or encroachments pursuant to the provisions of this chapter: 23 (4) Issue permits upon such conditions as determined are reasonable and necessary to protect the public health, safety and 24 welfare: (5) Amend any permit issued when determined that such 25 amendment is necessary to provide for the safe and efficient movement of traffic or to protect District facilities, persons or 26 Property.
27 Section 4. II Permits-Required.
28 No person shall do any of the following acts without first
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obtaining a valid .encroachment and right-of-permit permit: (1) Make or cause to be made excavation or opening, fill or obstruction in, over, along, on, across or through any District facility for any purpose whatsoever; (2) Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub or flower growing within any District facility excepting necessary pruning or trimming to protect persons or property:
(3) Construct or modify or cause to be constructed of modified, any storm drain or conveyor of drainage waters and appurtenant items within a District facility: (4) Modify, alter or deface any block wall on or adjacent to District facilities;
(5) Enter onto or exit from any District Facility at any location not approved and constructed as a driveway;
Section 5. Permits --Application.
(a) Any person proposing to do any of the acts described in Section 4 of this ordinance shall make an application for a right- of-way permit to the District Engineer.
(b) The following information shall be included on the application: (1) The location, nature and extent of work to be performed: (2) The proposed date when such work shall be commenced: (3) The proposed date when work shall be completed: (4) Such other information as may be required by the District engineer. (c) Upon permit issuance the application shall become part of the permit.
Section 6. Permits--Requirements of plans.
If, in the opinion of the District engineer the work proposed to be done requires the making of plans or the setting of stakes, or both, the District engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the State Department of Consumer Affairs.
Section 7. Permits--Commencement and completion of work.
Every permittee shall commence work as stipulated in the permit application and diligently pursue the work to completion without interruption within the time period required by the permit. Permits issued under this ordinance shall be valid for the period of time specified in the permits, unless the District engineer grants a time extension.
Section 8. Permits--Requir&monts for performance of work.
(a) The permittee shall perform the work in a timely manner,
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in accordance with applicable plans, specifications and District standards; and to satisfaction of the District engineer. (b) No person shall cause any improvement or appurtenant work to be performed upon any District facility within the District by any person other than a licensed contractor or a public utility. (c) All work shall be inspected by the District engineer as follows: (1) No person shall prevent or obstruct the District engineer in making any inspection authorized by this ordinance or in taking any sample or in making any test; (2) Twenty-four-notice to the District engineer is required on all inspections: (3) All work not in conformance with approved plans and specifications is subject to rejection by the District engineer. (4) Request for final inspection shall be made in writing.
Section 9. Permits--Acceptance of work.
If the District engineer, by survey or by inspection or by both, determines that the work has been completed according to the requirements of this ordinance and the permit, he shall issue a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.
Section 10. Permits--Denial and revocation.
(a) The District may deny the issuance of a permit to any person who refuses or fails to comply with the provision of this ordinance, who is indebted to the District for past permit violations or who in the judgment of the District engineer has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety.
(b) Any permittee found in violation of the conditions of permit or the provisions of this ordinance shall be given a written notice to comply, stipulating the violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within the period appropriate measures have not been
implemented, the District may revoke the permit and take any measures required to secure the work site or return the work site to its original condition. The cost of such work may be collected for the permittee.
(cl A revoked permit may be reinstated if the permittee demonstrates to the satisfaction of the District engineerthatwork will be continued in conformance with the permit and the provisions of this ordinance.
(d) The District engineer shall require as a condition of permit reinstatement payment of all charges incurred by the District as a result of permit revocation including a five hundred dollar penalty for violation of the provisions of this ordinance.
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1 Section 11. Appeal procedure.
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(a) Any person aggrieved by any decision of the District engineer with respect to the issuance, revocation or refusal to issue a permit may appeal to the Board of Directors by filing a notice of appeal with the secretary of the Board within ten calendar days after the date of the decision of the District engineer.
(b) The secretary shall thereupon fix a time and place for hearing such appeal. The secretary shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address.
(cl The Board of Directors shall have the authority to determine all questions raised on such appeal.
Section 12. Encroachment and Right-of-Way applicant and permit fees.
11 Encroachment applications and permit fees shall be charged by the District for the processing of an encroachment application and 12 the issuance of an encroachment permit. The fee shall be established by resolution of the Board of Directors of the District 13 and is for the purpose of defraying the cost of processing an application, issuing the requested permit, inspection of works 14 completed under the permit and other costs of administrating this ordinance. 15 Section 13. Performance deposits. 16 (a) As a condition of issuance of an encroachment and right- 17 of-way permit, the District engineer may require posting of a cash deposit or an equivalent security in a form acceptable to the 18 General Counsel. The District engineer may require that up to one hundred percent of any deposit be submitted in the form of a cash 19 deposit. The cash deposit may be used at the discretion of the District engineer to provide for restoration of public facilities 20 or removal from the right-of-way of work, materials or equipment when permittee or the permittee's agent fails to act in a timely 21 manner to provide for the public health, safety or welfare. The deposit shall otherwise be for the purpose of guaranteeing 22 performance of work contemplated under the permit.
(b) The amount of the deposit shall be established by the 23 District engineer. (c) Upon completion and acceptance of work under permit, any 24 funds unused shall be refunded to the permittee and any other bonds or security instruments shall be released. 25 (d) If, in the opinion of the District engineer, any deposit or security is not sufficient for the protection of the public 26 interest in the public places, the District engineer may require an additional deposit, or an increase in the security in such amount 27 as he determines necessary. The permittee shall, upon demand, deposit the additional cash or security. 28
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Upon failure or refusal to pay, the District engineer may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee.
Section 14. Placement of material or obstruction of District facilities.
(a) No person shall place or maintain any material or any obstruction or impediment to travel in or upon any District facilities without a permit to do so.
(b) Persons violating provisions of this section shall be issued a notice of removal and given a specified time to remove such material, obstruction or impediment. Any failure to comply with the notice is unlawful and a public nuisance endangering the health, safety, and general welfare of the public. In addition to any other remedy provided by law for the abatement of such public nuisance, the District engineer may, after giving notice, cause the work necessary to accomplish the removal. The costs thereof may be assessed against the owner or owners of the project creating the obstruction. (c) Notice of removal shall be in writing and mailed to all persons whose names appear on the last egualized assessment roll as owners of real property creating the obstruction at the address shown of the assessment roll. Notice shall also be sent to any person known to the District engineer to be responsible for any nuisance. The District engineer shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or mail or correctly address any notice. The notic shall particularly specify the work required to be done and shall state that if the work is not commenced within twenty-four hours after receipt of such notice and diligently prosecuted (without interruption) to completion, the District shall cause such work to be done. In which case, the cost and expense of such work, including incidental expenses incurred by the District, will be assessed against the property or against each separate lot and become a lien upon such property.
(d) If upon the expiration of the twenty-four hour period provided for in subsection (c) of this section, the work has not been done, or having commenced, is not being performed with diligence, the District shall proceed to do such work or cause such work to be done. Upon completion of such work, the District shall file a written report with the Board of Directors setting forth the fact that the work has been completed and the cost thereof, together with a legal description of the property against which cost is to be assessed. The Board of Directors fix a time and place for hearing protest against the assessment of the cost of such work. The District or the secretary, if so directed by the board, shall thereafter give notice in writing to the owners of the project in the manner provided in subsection (c) of the hour and place that the Board of Directors will pass upon the District engineer's report and will hear protest against the assessments. Such notice shall also set forth the amount of the proposed
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assessment. (e) Upon the date and hour set for the hearing of protests, the Board of Directors shall hear and consider the District engineer's report and all protests, if there are any, and then proceed to confirm, modify or reject the assessments. (f) A list of assessments as finally confirmed by the Board of Directors shall be sent to the City of Carlsbad Finance Department for collection. If any assessment is not paid within ten days after its confirmation by the Board of Directors, the secretary shall cause to be filed in the office of the county recorder a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District Ordinance No.
I the Carlsbad Municipal Water District did on the day of 19-t cause maintenance and repair work to be done in the DistLict facility right-of-way for the purpose of abating a public nuisance caused by activities related to construction at the property described below. The Board of Directors of Carlsbad Municipal Water District did on the day of I 19-t by its Resolution No. assess the cost or portion of the cost thereof upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the Carlsbad Municipal Water District does hereby claim a lien upon said property until the same sum with interest thereon at the maximum rate allowed by law from the date of the recordation of this instrument has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is hereby claimed is that certain parcel of land in the City of Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of property)
Dated this day of I 19-*
Secretary, Board of Directors
(h) From and after the date of recordation of such notice of lien, the amount of unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall continue until the amount of the assessment and all interest thereon has been paid. The lien shall be subordinate to tax liens and all fixed special assessment items previously imposed upon the same property, but shall have priority over all contractual liens and all fixed special assessment liens which may thereafter be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the contents thereof.
section l5. Aboveground encroachments.
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section 15. Aboveground encroachments.
Upon application thereof, and when it is determined that it will not be detrimental to the interests of the District, the Board of Directors may grant conditional permission to builders to install and maintain encroachments above ground level in public rights-of-way within the District.
Section 16. Exceptions.
The District engineer may grant conditional permission for the encroachment of curb and gutter and fences. All such installation shall be conformance with the requirements and regulation of the ~ Uniform Building Code, latest edition.
Section 17. Relocation of structures --Removal of encroachment.
The District engineer may require any.person who, pursuant to a duly issued permit under this ordinance, has performed construction work or placed and maintained any encroachment, to move the same at his own cost and expense to such different location as is specified in a written demand of the District engineer, whenever such move is necessary to ensure the safety and convenience of the District, may require the application to contain a signed real property lien agreement by the applicant to this effect. The District engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion.
Section 18. Holding District harmless--Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement that he agrees to indemnify and hold harmless the District and each officer and employee thereof, from any liability or responsibility for death or injury to persons and loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any permit granted pursuant to the application. The applicant may be required to provide proof of liability insurance in the amount of at least one million dollars and may be requested to name the District as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the District. Any deductible or self-insured retention under the insurance policy shall be in an amount acceptable to the District.
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1 Section 19. Exemptions.
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The District and its employees, acting in their official capacity, are exempt from the requirements set forth in this ordinance. Introduced and first read at a meeting of the Board of Directors on the 4th day of AUGUST , 1992, and thereafter
PASSED AND ADOPTED at a public hearing before the Board of Directors on the 1st day of SEPTEMBER , 1992,
7 By the following vote to wit:
a AYES: Board Members Lewis, Larson, Stanton, Nypard
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12 II ATTEST: 13
14 ALETBA L. RAUTENKRANZ, Secret&y
15 (SEAL)
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RESOLUTION NO. 809
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, ESTABLISHING THE FEES FOR SERVICE TO PROCESS AN APPLICATION AND ISSUE A PERMIT FOR ENCROACHMENT/WORE IN THE DISTRICT RIGHT-
WHEREAS, the Carlsbad Municipal Water District has the
authority to establish fees for service to process an application
and issue permits for encroachment/work in the District right-of
way; and
WHEREAS, from time to time said fees are reviewed and
evaluated to maintain an adequate fee structure recovering costs
for services, and adoption of Ordinance No. 39 , Section 12
states the fees shall be established by resolution of the Board of
Directors of the Carlsbad Municipal Water District for the purpose
of defraying the cost of processing an application, issuing the
requested permit, inspection of works completed under the permit
and other costs of administrating the ordinance; and
WHEREAS, the Board of Directors has determined the cost of
providing services for processing and administration of an
application and issuing a permit for encroachment/work in the
District right-of-way: and
WHEREAS, the Board of Directors, has determined that the
application fee of $50.00 to encroach/work in the District right-
of-way be established and the application fee of $100.00 for
encroachment existing before application to encroach/work in the
District right-of-way be established to cover costs of processing
and administration: and
WHEREAS, the Board of Directors has held the necessary public
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1 hearing and allowed for public comment on the establishment of
2 procedures for encroachment/work in the District right-of-way;
3 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal
4 Water District of the City of Carlsbad, California, that the fees
5 described above and established by the Board of Directors are
6 hereby adopted and shall become the official fees for
7 encroachment/work in the District right-of-way in the Carlsbad
8 Municipal Water District. The Board of Directors shall
9 periodically review the fees charged for encroachment/work in the
10 District right-of-way applications and permits described above to
11 insure that the fixed fees do not exceed the estimated costs of
12 providing the services and are fair and appropriate. Adjustments
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to the fixed fees may be made at any time by resolution. All fees
shall become effective on the effective date of Ordinance No.
, establishing procedures for work in District right-of-way. 39
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad Municipal Water District on the 1st day of SEPTEMBER
I 1992, by the following vote to wit:
AYES: Board Members Lewis, Larson, Stanton, Nygaap,j
NOES: None
ABSENT: Board Member Ku1
ATTEST:
&QakL 2. Qa ALETHA L. RAUTENKRANZ, Secre
(SEAL)
Carlsbad Journal
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Decreed A Legal Newspaper by the Superior Court of San Diego County
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Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of loca1 news and intelIigence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and whichnewspaper has been established, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
notice hereinafter referred to; and that the
- .-- NOTICEOF PUBLICHEARING ESTABLISHNRNT OF PRGCRDURES PPR PRRMFPB AND SRTIING FRES FGR ENCROACRMRNT IN DISTRICT RIGHT-OF-WAY
NfYl’lCE IS HEREBY GWRN tbaI the Board of Directors ol the Carl- stud Yuniclpd Water Dtrtrkt will hold I pubtic heorinS l l the CltY Council Clmmbon. 1SUO Cdsbd ~y8#.p.~t~48b~~ca~~;
81. ipw. to’ consider drlobliahlntt pnxodumforrequlrinccncrooch menl pmina)ts fotcOnrtruCtion Iwk intbeDistrhcl'srigl~l-o~r~. l ndto consider settia(( l ncroochntent SP plicotton and perrelt fees. If you have any questions rogord- ing lhis mettor. plea! call Rob C* stes. Distrtd Engineor. l t the Co+ &ad Yunicioel Water DIsWeL43E _---~~- t’s?. ext Iii II vou chellonae Ihe ostobllsb ~-_~- ~~~ - mentofthopreceduresforrequirc montorencmochewnt pormibeti or the l pplicotion l nd permit fees in Comt. you nay be Ilmited to roll- ing only those issues raised by you or someone else sl lhe publlc hem- ing de&x&al In this notice. or In written comspondcnce delivered tg tbo city of Cmisbd city Clerk-r Offkc ot or prior lo the public heirleg A~piiemd: Corlsbod Municipal Ws- loj-District CARLSBAD MUNICIPAL WATER DISTRICt- BOARD OF DIRRCTORS cJ3143zAu3Ik?lal.13@3
notice of which the annexed is a printed
copy, has been published in each regular
and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
August 20 19 g2
19-
19-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, Coun; eo~o~~ Diego, State of
California on _ K
day of
Clerk of the Printer
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NOTICE OF PUBLIC HEARING
ESTABLISHMENT OF PROCEDURES FOR PERMITS AND SETTING FEES FOR
ENCROACHMENT IN DISTRICT RIGHT-OF-WAY
NOTICE IS HEREBY GIVEN that the Board of Directors of the Carlsbad Municipal
Water District will hold a public hearing at the City Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, September
1, 1992, to consider establishing procedures for requiring encroachment permits
for construction work in the District's right-of-way, and to consider setting
encroachment application and permit fees.
If you have any questions regarding this matter, please call Bob Coates,.District Engineer, at the Carlsbad Municipal Water District, 438-3367, ext. 124.
If you challenge the establishment of the procedures for requirement of encroachment permits and/or the application and permit fees in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: Carlsbad Municipal Water District
PUBLISH: August 20, 1992 CARLSBAD MUNICIPAL WATER DISTRICT
BOARD OF DIRECTORS
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I CARLSBAD FNICIPAL WATER DISTRICT -1GENDA BILL 0 2
I
AB#)3 += INTRODUCE ORDINANCE TO ESTABLISH
MTG. 8-+= PROCEDURES AND SETTING FIXED FEES FOR
DEPT. ENG. ~&FOR ENCROACHMENT IN DISTRICT RIGHT-OF-WAY s
CITY MGR.N
RECOMMENDED ACTION:
Introduce Ordinance No. 37 establishing procedures for encroachment in the District right- -,-way , and set the matter for a public ‘tearing on September 1, 1992
ITEM EXPL~:'iNATIO~,:
The Staff has determined the necessity for establishing procedures for encroachment in the District right-of-way. It is considered critical for the well being of the public water system to establish rules and regulations which contain restrictions and priorities for encroachment in the District right-of-way. This action will control construction work within the District right-of-way to protect the public water supplies..
Staff is proposing adoption of procedures for encroachment in the District right-of-way. Section 1 through 19 of the ordinance, attached as Exhibit 1, will bring the District procedures for * encroachment into conformity with the City. The procedures contain specific guidelines to establish rules and regulations which contain restrictions and priorities in the procedures for encroachment.
FISCAL IMPACT:
Encroachment applications and permit fees shall be established as per Section 12 of the procedures for encroachment. Encroachment applications and permit fees shall be charged by the District for the processing of 'an encroachment application and the issuance of an encroachment permit. The-fee shall be established by resolution of the Board of Directors of the District and is for the purpose of defraying the aost of processing an application, issuing the requested permit, inspection of work completed under the permit and other costs of administrating the procedures for encroachment.
EXHIBITS:
1. Ordinance No. 39 adopting the
Encroachment/Work in District Right-of-Way,
Procedures for