Resolution 2002-47 REQUEST FOR COUNCIL ACTION

RESOLUTION: 2002-47

SUBJECT: Establish fees for processing License Agreements, Easements and other uses of City-owned property.

ADDRESS: City wide.

RECOMMENDATION: Adopt the Resolution

FUNDING SOURCE: New fees to offset processing costs

SUMMARY AND BACKGROUND OF SUBJECT MATTER: On July 8, 2002, City Council adopted Ordinance O-2002-20 to create a new section of the Municipal Code which will allow for the new fees to be charged for processing License Agreements, Easements and other uses of City-owned property. The ordinance requires the new fees to be established by resolution.

The amount charged is based upon the time required to process a typical application including personnel, overhead and review by the City Attorney. If a request will use a standard form document from the City, the fee will be $250.00. Any easement request that requires a form required by another entity, such as Denver Water, will require a $500.00 fee due to the additional staff and attorney time required to review, modify and approve the document.

Three exemptions have been included where these fees would not be charged:

1. Easements required to serve a City project because the fees would most likely be rolled back to the City by the utility, adding to project costs.
2. Requests for easements or license agreements to use City property, which are not a result of any action or request made by the applicant. This is in response to concerns that the fee must be related to a request or action made by an outside party. For example, a current property owner discovers that improvements constructed by a previous owner encroach into public right-of-way and the improvements do not present a problem or concern for the City.
3. Requests for use of City-owned property or right-of-way for any event or program sponsored by the City. This would be a contribution in-kind by the City as a sponsor.

RESOLUTION ADOPTION DATE: July 22, 2002

ORIGINATED BY: Property Management

STAFF PERSON RESPONSIBLE: Mike Connor, Property Manager, 303-987-7659

DOCUMENTS ATTACHED: Resolution 2002-47

SUBMITTED BY:
Jacque Wedding-Scott, Director of Finance
Mike Connor, Property Manager

REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager