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<br /> <br />Item #;. 6.13. <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />Mayor and City co~ <br />Michele McPherson, Director of Planning <br /> <br />DATE: <br /> <br />March 21, 2005 <br /> <br />SUBJECT: <br /> <br />Case No. OA 05-06 <br />Amendment to the Right of way Ordinance Relating to Fees _ <br />Public Hearing <br /> <br />Attachments <br /> <br />Ordinance No. 05-_ <br /> <br />Background <br /> <br />In 2000, the City adopted a Right of way Ordinance regulating underground work within the <br />City's rights of way. Underground work typically includes the installation of underground <br />cables and/or pipes. The purpose of this ordinance was to ensure that the City was aware of <br />who was working within the right of way and to hold those accountable for proper <br />restoration of the boulevard and the City streets. <br /> <br />From time to time, companies working in the right of way will disrupt underground utilities <br />such as gas, phones or electrical lines. If this occurs, the Fire Department is typically called <br />to respond to this mishap. The cost for the Fire Department's response is typically billed <br />back to the contractor. While the language in the ordinance does allow for this charge back, <br />staff feels it is appropriate to clarify the ordinance so that there is no misinformation or <br />misinterpretation of the ordinance language. Attached is the ordinance adding the following <br />language to Section 66-59 relating to fees: <br /> <br />(3) Emergency response costs. Persons working in the right of way with or without <br />permits shall reimburse the city for actual costs incurred while responding to an <br />emergency relating to damage to a utility located within the right of way. <br /> <br />Planning Department Mission: the orderly development of a livable and sustainable Elk River community. <br />