HomeMy WebLinkAboutOrdinance 013 - Work in Public Right of WayDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 26, 2013
Please see directions for completing this document on the next page.
DATE: June 19.2013
FROM: George KoIb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of First and Second Reading by Title Only and Signature of Ordinance No. 2013-013
Amending Deschutes County Code 12.08.010 to Change Permit Form for Working in a Public Right
of-Way, Declaring an Emergency and Prescribing an Effective Date of July 25, 2013.
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
Title 12 Road, Sidewalks and Public Places, deals with construction that occurs within the public
right-of-way throughout Deschutes County. This Title was last updated per Ordinance 2011-026. The
Road Department is now in the process of updating all of its permits and it was discovered that the
Permit to Work in the Public Right-of-Way is available in the County Code in Chapter 12.08 form;
Utility Permit(to perform work in a public right-of-way). An issue has come up in that if the Road
Department wants to make any changes to this permit, for example formatting changes, they have to do
the changes through an Ordinance that is presented to the Board of County Commissioners (BOCC).
What is proposed in Ordinance 2013-013 is to revise the wording in Title 12.08.010, Permit
Application Required and removing the actual permit form from the Code and make it available
through the Road Department's website. By doing this, any minor changes can be done to the permit
without having to present an Ordinance to the BOCC for signature
FISCAL IMPLICATIONS:
None -The changes are concerned with clarification in the Code and will not require any expenditure of
County funds.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: First and Second Reading by title only of Ordinance 2013-013.
Motion 2: Adoption.
ATTENDANCE: George Kolb, County Engineer
nISTRIBUTION OF DOCUMENTS:
Copy to Sheila OdIe (ext. 7148) at the Road Department
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
12.08.0 I 0 to Change Permit Form for Working in a * ORDINANCE NO. 2013-013
Public Right-of-Way, Declaring an Emergency and *
Prescribing an Effective Date of July 25, 2013. *
WHEREAS, Deschutes County Code ("DCC") 12.08.010 specifies the name and form for a permit to
authorize work in a public right-of-way; and
WHEREAS, in order to provide timely and efficient service to the Deschutes County Road
Department's customers and to allow for flexibility to change the form in response to any change in regulations
without having to amend the DCC each time, the above DCC provision should be changed to a general
description of the permit form; and
WHEREAS, the Board of County Commissioners ("Board") find it in the public interest to allow such
flexibility; and
WHEREAS, Board desires to have a general effective date for Deschutes County ordinances similar to
the 30-day effective date provided for city ordinances; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
AMENDMENT. DCC 12.08.010 is amended to read as described in Exhibit "A:' attached
hereto and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 2. REPEALED. DCC 12.08.080 and 12.08.090 are hereby repealed in their entirety.
1//
PAGE 1 OF 2 -ORDINANCE NO. 2013-013
Section 3. EFFECTIVE DATE. This Ordinance takes effect on July 25, 2013.
Dated this of , 20_ BOARD OF COUNTY COMMISSIONERS --------...
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTEST:
TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEBONE, Commissioner
Date of 1st Reading: ~~day _____,20.
Date of 2nd Reading: ~~day of _____, 20 .
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: ~~day _____,20.
ATTEST
Recording Secretary
PAGE 2 OF 2 ~ ORDINANCE NO. 2013~013
12.08.010. Permit-Application Required.
Application for a pennit under Dee 12 shall be made to the Road Department, using the P-pennit ffif
¥/orkillg in a Public Right of \Va} fonn set forth ill DeC 12.08.090approved by the Administrator. One
copy of the fonn shall be submitted and the Administrator may require additional infonnation when the
Administrator deems it necessary or convenient to a decision upon the pennit.
(Ord. 2013-013§ 1,2013; Ord. 2011-026 §2, 2011; Ord. 95-035 § 1, 1995; Ord. 203-7 §5.51 0, 1976)
Page 1 of 1 -EXHIBIT A to ORDINANCE 2013-013