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Date
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May 5, 2008
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Agenda
Item No. 39 Roll Call No. 08-
Communication
No. 08-259 Submitted by: Larry Hulse, Community Development
Director; Jeb E. Brewer, P.E., City
Engineer |
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AGENDA
HEADING:
Amending Section
26-211(b)(1) thereof, relating to building code obstruction permits.
SYNOPSIS:
Recommend
amending Section 26-211(b)(1) thereof, relating to building code obstruction
permits.
Section 26-211 of the Municipal Code authorizes the issuance of an obstruction
permit when use of a portion of the City right-of-way is needed for private
construction purposes. These changes
will specifically set forth that the Surety Bond is to cover restoration of the
right-of-way and all public improvements caused by the contractor in conjunction
with the construction project.
FISCAL
IMPACT:
Amount: N/A
Funding Source: No changes
to the fee schedule or bond requirements are necessary. Section 26-211 contains existing permit fees
and surety bond requirements.
ADDITIONAL
INFORMATION:
The intent of section 26-211 is to allow a contractor to make limited use
of public right-of-way when necessary for construction purposes on private
property. Obstruction permits are
frequently used for building construction in the downtown area, where the
building is constructed out to the property line, with no setback to provide
space for construction activities.
Various sections of the City Code require restoration of the right-of-way
if it is damaged; however, none of these provisions were located directly
within the obstruction permit section. The
existing requirement for a surety bond is to ensure removal of the obstruction,
typically a fence. Recent projects have
demonstrated a need for greater leverage when damages occur within the
right-of-way as a result of the construction activity, and the owner or
contractor is unwilling to restore the site to a pre-construction
condition. These changes will specifically
set forth that the Surety Bond is to cover restoration of the right-of-way.
PREVIOUS COUNCIL ACTION(S): NONE
BOARD/COMMISSION
ACTION(S): NONE
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS:
Second and third readings of Ordinance
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,