ADMINISTRATIVE ORDER N0.58-03-21-F <br />' ~ ~' of the <br />City Manager of the City of Eugene <br />AMENDMENT OF UTILITY RIGHT-OF-WAY USE PERMIT <br />FEE SCHEDULE; RATIFICATION OF UNAMENDED FEES; <br />AND REPEAL OF ADMINISTRATIVE ORDER N0.58-02-29- <br />F. <br />The City Manager of the City of Eugene finds as follows: <br />A. Section 2.020 of the Eugene, Code, 1971 authorizes the City Manager to determine <br />and set fees and charges to be imposed by the City for services, goods, use of municipal property, <br />and licenses and permits. In accordance with the procedures set forth therein, and the authority of <br />Section 7.300 of the Eugene Code, 1971, Administrative Order No. 58-.02-29-F was adopted on <br />February 18, 2003, establishing the major aerial installation permit fees and reformatting and <br />ratifying the unamended Utility Right-of--Way Permit Fee Schedule. <br />B. On November 19, 2003, I issued Administrative Order No. 58-03-21 and notified the <br />Mayor and City Council that I intended to amend the Annual "Blanket" Permit fees and Individual <br />Permit fees set forth in Sections I and II of the Utility Right-of--Way Use Permit Fee Schedule (which <br />were scheduled to sunset on December 31, 2003), as more particularly set forth in the Notice of <br />Intended Fees attached as Exhibit A thereto, effective January 1, 2004. <br />C. The Notice of Intended Fees was posted at two locations at City Hall and published <br />in the Register Guard, a newspaper of general circulation within the City, on November 25, 2003 and <br />was made available for inspection by interested persons at the office of Damon Joyner, Traffic <br />Technical Team Supervisor, 1820 Roosevelt Boulevard, Eugene, Oregon 97402, during normal <br />business hours (8:00 a.m. to 5:00 p.m. Monday through Friday, exclusive of holidays). The Notice <br />provided that written comments would be received thereon for a period of 30 days from the date of <br />posting and publication. No comments were received within the time and manner provided in the <br />Notice. However, during the comment period staff noted that in Section III (Major Arterial <br />Installation Permit Fee) of the Fee Schedule (for which no amendments were proposed), the second <br />sentence of Step Two states "This rate shall be applicable for the calendar year 2003." I did not <br />intend to amend or have the rate established under Step Two sunset. Staff recommended that, to <br />make Step Two consistent with my intent, this sentence should be deleted I concur with the <br />recommendation, and that correction is reflected in the attached Fee Schedule. <br />D. Based on the above fmdings, and the findings in Administrative Order No. 58-03-21, <br />I find that amendment of the permit fees as referenced in Finding B above is consistent with <br />applicable policies and directives of the City Council, comparable to the fees established in other <br />Administrative Order - 1 <br />C:\WINDOWS\Temporary Internet Fi]es\OLKB202\03UtilityROW2ao.wpd (00067550).WPD(12/26/03) <br />