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HomeMy WebLinkAboutItem VI(A) Resolution No 94-16, establishing right-of-way utilization permit fees AGENDA 9-20-94 • r Item VI A 4jf*of 0000`>�`�� JAMES W.SHIRR,P.E. CITY ENGINEER/LTTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322 MEMORANDUM DATE: August 8, 1994 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E. City Engineer/Utilities irector SUBJECT: Resolution No. 94-16 - Right-of-Way Utilization Fees _____ _ The attached resolution sets out fees for the installation, maintenance and repair of subsurface, surface and overhead utilities and other facilities within public rights-of-way in Ocoee. Ordinance No. 94-22 requires the payment of a permit fee for such work, with the fee being set by Resolution. I recommend that the City Commission adopt Resolution 94-16. THE PRIDE OF WEST ORANGE /Ot'�- RESOLUTION NO. 94- 16 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING RIGHT-OF-WAY UTILIZATION PERMIT FEES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City Commission of the City of Ocoee that whenever possible, the costs of permitting shall be incurred by the developer, and not by the taxpayers in general; and WHEREAS, the City Commission of the City of Ocoee believes the most practical method of defraying the costs of issuance of a permit and performance of the necessary inspections by the City is through a system of fees directly associated with actual and/or historical staff, legal and engineering expenses; and, WHEREAS, the right-of-way utilization permit fees as set forth below are an accurate method of assessing the costs of issuance of a right-of-way utilization permit and inspections related thereto to ensure payment thereof; and WHEREAS, Section 153-5 of Article I of Chapter 153 of the Ocoee Code of Ordinances requires the City Commission of the City of Ocoee to adopt by resolution a schedule of fees for the administration of Article I of Chapter 153. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 153-5 of Article I of Chapter 153 of the Ocoee Code of Ordinances, Article VTR of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Right-of-Way Utilization Permit. The City Commission of the City of Ocoee hereby adopts and approves the SCHEDULE OF RIGHT-OF-WAY UTILIZATION PERMIT FEES set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE CITY OF OCOEE COMNIISSION AT A MEETING HELD ON , 1994 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FO LEY & LARDNER By: City Attorney 2 EXHIBIT "A" TO RESOLUTION NO. 94- SCHEDULE OF RIGHT-OF-WAY UTILIZATION PERMIT FEES A. Inspection of utilization of right-of-way: 1. Longitudinal cuts: a. basic fee $100.00 plus $5.00 per 100 feet or fraction thereof 2. Transverse cuts: a. Open cut - paved areas (each cut): - cut greater than 50 square feet $300.00 - cut 50 square feet or less $100.00 b. Open cut - unpaved areas (each cut) $100.00 c. Bore and jack (each operation) $200.00 3. Overhead Utilities: a. Installation of poles (other than repair or maintenance) $75.00 plus $2.00 per pole B. Inspection of Curb Cuts (driveway): 1. Residential driveway $50.00 2. Commercial - first driveway (Fee is waived if site inspection fee is applicable. No fees for curb cut in State of Florida or Orange County right-of- way jurisdiction) $400.00 per driveway C. Construction of roads and other subdivision improvements on public rights-of-way dedicated to the public on recorded plats, the development of which is not governed by current subdivision regulations 2.00% of the total construction cost of ALL committed improvements for which no other permits apply D. Miscellaneous inspections for construction on public property 2.00% of the total construction cost for any other construction over, through or upon public property not covered by any other fees Minimum fee $110.00 E. Landscape Permit for residential street $10.00 per 100 feet F. Reinspections 1. Any reinspection on same item $150.00 Fees imposed in this Schedule are waived when then permit holder is required to relocate improvements within the right-of-way due to construction or reconstruction of any road by the City and such relocation takes place in conjunction with said construction. Similarly, fees will be waived whenever utilities are placed in the right-of-way during and in conjunction with the construction or reconstruction of any road by the City. All references herein to "right-of-way" refers to the streets, rights-of-way and easements for which a right-of-way utilization permit is required by Article I and Chapter 153 of the Ocoee City Code. C.\VP5l\DOCS\OCOEE\RESOLUTE.I0118/11/94 I8W015;DPB:dp 4