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6.5.A. - Page 1 <br /> RE PO RT <br /> To the Honorable Mayor and City Council <br /> From the Cit Mana er <br /> January 28, 2013 <br /> SUBJECT <br /> An Ordinance Amending Municipal Code Chapter 29 Relating to Encroachment Permits <br /> and Use of the City's Right-of-Way <br /> RECOMMENDATION <br /> Waive Second Reading and Adopt an Ordinance Amending Municipal Code Chapter 29 <br /> relating to Encroachment Permits and Use of the City's Right-of-Way. <br /> BACKGROUND <br /> The City Council voted unanimously to waive the first reading and introduced the <br /> ordinance amending Chapter 29 at its meeting January 14, 2013. After the first reading, <br /> corrections to typographical errors were made, punctuation, and minor changes for <br /> language consistency. <br /> ANALYSIS <br /> Adoption of the recommended action enables the amended ordinance to become <br /> effective in 30 days and which provides a range of administrative improvements to the <br /> encroachment permit process that better protect the City's infrastructure investments. <br /> The key provisions of the proposed amended ordinance are as follows: <br /> • Re-organized for clarity; <br /> • Codifies engineering standards; <br /> • Requires an encroachment permit for all persons and companies working in the <br /> City's streets and right-of-way; <br /> • Prohibits cutting in new streets absent an exception such as an emergency and <br /> requires permittee to repair or pay a repair fee (delayed implementation to give <br /> utilities and other contractor's time to complete planned projects and develop their <br /> five year plans); <br /> • Requires fees to be established by resolution of City Council; <br /> • Enhanced penalty section. <br /> ALTERNATIVES <br /> Council could choose to not proceed with adoption of the amended ordinance. <br />