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ADMINISTRATIVE ORDER N0.58-02-29-F <br />of the <br />City Manager pro tem of the City of Eugene <br />AMENDIVIENT OF UTILITY RIGHT-OF-WAY USE PERMITS FEE. <br />SCHEDULE BY ADDING A PROVISION FOR MAJOR AERIAL <br />INSTALLATION PERMIT FEES, AND REPEAL OF ADMINISTRATIVE <br />ORDER N0.58-01-18-F: <br />The City Manager pro tem 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 further <br />authority of Section 7.300 of the Eugene Code,1971,right-of--.way use permit fees have previously <br />been established, the most recent being adopted by Administrative Order No. 5 8-01-18-F on January <br />30, 2002. . <br />B. On October 9, 2002, I issued Administrative Order No. 58-02-29 and notified the <br />Mayor and City Council that I intended to amend the current Utility Right-of--Way Use Permit Fee <br />Schedule to add a section establishing apex-foot fee for the portion exceeding 26,400 feet (5.0 miles) <br />of specific large projects involving the installation of or replacement of primarily aerial facilities <br />only, with prof ects involving primarily aerial facilities only that are less than 26,400 feet remaining <br />subject to the existing fee schedule, all as more particularly set forth in the Notice of Intended Fees <br />attached as Exhibit A thereto. <br />C. The Notice was also posted at two locations at City Hall and published in the <br />Register-Guard, a newspaper of general circulation within the City, on October 18, 2002; made <br />available for inspection by interested persons at the offices of Damon Joyner, Utility Permit and <br />Inspections Supervisor, 1820 Roosevelt Blvd., Eugene, Oregon, 97402, during normal business <br />hours (8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays). The Notice provided <br />that written comments would be received for a period of 30 days from the date of publication and <br />posting. <br />D. The only written comments received were from Duane Bosworth, attorney for AT&T <br />Broadband (Broadband), to which I make the following specific findings: <br />Comment 1: Broadband notes that the published legal notice states "current fee - <br />none; proposed fee - see below." Since Broadband has been paying fees for their <br />installations in the right-of--way, it asserts that it is incorrect to say there is no current fee. <br />Finding: This comment relates only to the caption on the notice of the proposed <br />t Administrative Order - 1 <br />r:\adminord\fees\02utilityrow2a0.wpd(02/06/03) <br />