HomeMy WebLinkAbout20210531.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF PERMIT AUTHORIZING
ERECTION, CONSTRUCTION AND MAINTENANCE OF ELECTRIC TRANSMISSION
AND DISTRIBUTION LINE AND SYSTEM ALONG AND UPON COUNTY HIGHWAYS -
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION (PVREA)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated May 2, 1940, a copy of which is attached hereto and
incorporated herein by reference, the Board approved a Permit, which granted to Poudre Valley
Rural Electric Association (PVREA) permission to "erect, construct, maintain and operate electric
transmission and distribution lines, and system along and upon public highways and public
rights -of -ways within the County of Weld, State of Colorado," and
WHEREAS, the circumstances for when this permit was granted have changed significantly over
the years, and all companies should expect the same consistent process when obtaining
right-of-way permits, and
WHEREAS, PVREA has expressed their intent to ensure any work within the Weld County
right-of-way will comply with Chapter 8, Article XIII, of the Weld County Code, Right -of -Way Use
Permit Policy, and
WHEREAS, the Board deems it advisable to refer this matter back to staff, as PVREA
intends to utilize Weld County Right -of -Way in compliance with the Weld County Code,
Right -of -Way Use Permit Policy.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that consideration of revocation of the Permit approved May 2, 1940, be, and
hereby is, referred back to staff.
BE IT FURTHER RESOLVED by the Board that staff is directed to immediately notify
Poudre Valley Rural Electric Association (PVREA) of this Resolution.
CO: CAC(3C.7, PwCE.Ri3'rn)
2021-0531
EG0079
REFER REVOCATION OF PERMIT AUTHORIZING ERECTION, CONSTRUCTION AND
MAINTENANCE OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND SYSTEM
ALONG AND UPON COUNTY HIGHWAYS, BACK TO STAFF - POUDRE VALLEY RURAL
ELECTRIC ASSOCIATION (PVREA)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of February, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dititak) o;eA
Weld County Clerk to the Board
Date of signature: 0310 DI
Steve Moreno, Chair
James, Pro-Tem
°'
ike Freeman
2021-0531
EG0079
10/06/2009 10:03 FAX
-,. <
Z0002/0003
PERMIT AUTHOR: NO THE ERECTION, CCNSTRLC )N AND MAINTENANCE CF
ELECTRIC TRANSMISSION AND LISTRIF TION LINE AND OYFTLM
ALCNC AND UPON COUNTY HIGHWAYS
KNOW ALL MEN BY THESE PRESENTS, That whereas the Poudre Valley
Rural .Electric Association has this day duly filed with the Board of
County Commissioners of Weld County its application for permission to
erect, construct, maintain and operate electric transmission and dis-
tribution lines, and system along and upon public highways and public
rights -of -ways within the g. 1')f-_ Wi ld, State of Colorado, and it
appearing that said association is a duly and regularly incorporated
association, organized and existing under and by virtue of the laws of
the State of Colorado, relating to corporations, and that said corpor-
ation has complied with all of the laws of the State of Colorado, and is
now authorized to do business in that state, and that the purposes of
said corporation are to erect, maintain and operate electric transmission
and distribution lines and systems for the delivery of electric current
to persons residing in rural areas in the Counties of Weld, Larimer,
and Boulder, State of Colorado, and it further appearing that said cor-
poration desires to erect its poles, wires and transmission and dis-
tribution system along, upon and across public roads and highways in
Yield County, Colorado, and the Board of County Commissioners of the
Count; of Weld, State of Colorado, having fully considered the said ap-
plication, and all of the maps, plats and other data submitted to said
Board by said corporation or association, and beinc fully advised in the
premises, on motion duly made, seconded, and unanimously adopted at a
meeting of the Board of County Commissioners of Weld County, Calnrado,
on this 2nd day of May, A. D. 1940,
IT IS ORDERED, That permission and authority be and is hereby grant-
ed to said Poudre Valley Rural Electric Association to enter upon, and
use the Public roads and highways and public rights -of -way in Weld County,
Colorado, for the ereotion, maintenance and operation of electric trans-
mission and distribution lines, and systems upon, along, and across
public roads, highways and rights -of -way, in Weld County, Colorado, upon,
and along which the said corporation purposes to locate ita said lines
and system; that said lines and system shall be built, operated and
GDPy
CJ
10/06/2009 10:03 FAX
Q0003/0003
maintained in accordance with the eafety rules promulgated by the united
States Bureau of Standards governing the installation and maintenance
of electrical supplies and aommunication lines.
IT IS FORMER PROVIDED, as a condition to this permit that the
erection, maintenance and operation of said transmission lines and system
shall be done in such a manner as not to cause undue inconvenience to
the public in the use of such roads and highways, and provided that the
poles erected shall be set back from the main traveled highway such a
distance as to conform with the usage and custom in said matter in
Weld County, Colorado,
Dated at Greeley, Colorado, this 2nd day of May, A.D. 1940.
THE ='OARD OF CO ITY COMMISSIONERS,
WELD COTWY, COLCRADO.
Chairman
Member
M$Mber
Attest:
.�,f (q o-?2l.Ls v7C .
County Cler 'an corder
�D
�
putt' County Clerk.
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 336-7235
FAX: (970) 352-0242
1150 `O' STREET
GREELEY, COLORADO 80632
February 10, 2021
Matt Organ
Engineering Department
Poudre Valley Rural Electric Association Inc.
7649 REA Parkway
Fort Collins, CO 80528
Re: PVREA Right -of -Way Use Permit
Dear Mr. Organ,
As you may know, the Weld County Board of County Commissioners granted a permit in 1940
authorizing the Poudre Valley Rural Electric Association Inc. (PVREA) to "erect, construct,
maintain and operate electric transmission and distribution lines, and a system along and upon
public highways and public rights -of -ways" within Weld County. See attached.
Any work within the Weld County right-of-way (ROW) is required to comply with Chapter 8,
Article 13 of the Weld County Code, Right -of -Way Use Permit Policy. PVREA has sometimes
relied on the 1940 permit to avoid complying with the current Weld County Code. Therefore, to
make clear that compliance with the current provisions of the Weld County Code is required for
all work within the Weld County ROW, staff is requesting the Board of County Commissioners to
revoke the 1940 permit.
The Board will consider revocation of PVREA's 1940 permit on February 24, 2021 at 9:00
a.m. in the Board's hearing room located at 1150 `O' Street, Greeley, Colorado 80631. The
purpose of this action is not to preclude PVREA from utilizing Weld County ROW, but rather to
require compliance with the Weld County Code, as all other utility providers currently do. You
will have an opportunity to address the Board at the hearing. Feel free to contact me with any
questions or comments you may have.
Respectfully,
Bob Choate
Assistant Weld County Attorney
behoate@weldpv.com
2021-0531
2/9/2021 Weld County, CO Charter and County Code
ARTICLE XIII - Right -of -Way Use Permit Policy
Sec. 8-13-10. - General.
The County strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances.
The Right -of -Way Use Permit is a tool to regulate and permit the use of Weld County's public right-of-way by private
companies, municipalities and/or special district constructing and burying lines either crossing or running parallel
within Weld County right-of-way. Crossings are allowed for all lines. Parallel installations are allowed for lines of
"public utilities" that are defined in C.R.S. § 40-1-103 and are "domestic or foreign electric light power, gas, or
pipeline companies" holding current Certificates of Public Convenience and Necessity issued by the Colorado Public
Utilities Commission; for water lines of municipalities, water districts, and water and sewer districts; for
transmission lines or pipelines used solely for agricultural purposes; for fresh water above -ground transfer
pipelines; and for lines in non -maintained right-of-way if approved by Weld County based upon locational factors,
such as, surrounding population density, topography, or if the right-of-way provides access to a recorded exemption
lot, and with Permittee's agreement to move the line at its sole expense if Weld County or an annexing municipality
intends to improve the right-of-way; or if authorized by the Board of County Commissioners in an appeal of the
denial of a Right -of -Way Permit application, pursuant to Section 8-13-110, below. Public right-of-way subject to
regulation by the Right -of -Way Use Permit includes Weld County's maintained and non -maintained right-of-way, and
all public drainage easements. A Right -of -Way Use Permit grants the Permittee and its Contractors permission to
occupy designated County right-of-way. The Permit authorizes excavation, surveying, and/or construction of
facilities within the County right-of-way and provides for their subsequent restoration upon completion of the
Project. This Policy shall apply within all unincorporated areas of the County.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-20. - Purpose.
This Article recognizes the importance of protecting the health, safety and welfare of the traveling public,
maintaining efficient traffic flow and preserving the integrity of Weld County's right-of-way.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-30. - Regulation of work in county right-of-way.
A. Issuance of Right -of -Way Use Permit. A Right -of -Way Use Permit shall be issued only in compliance with
the rules and regulations set forth in this Article. In no event shall construction within the County right-of-
way be allowed or permitted if it is detrimental to the public health, welfare and safety.
B. Right -of -Way Use Permit Necessary. A Right -of -Way Use Permit is required for occupying, constructing or
excavating facilities within, and for encroaching upon, any County right-of-way.
C. No Work Without Right -of -Way Use Permit. No person or entity may occupy, construct or excavate within
any County right-of-way or easement, or encroach upon any County rights -of -way or easement, without
first having obtained a Right -of -Way Use Permit from the Department of Public Works. In addition, no
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person or entity may excavate, construct or occupy the County right-of-way beyond the date or dates
specified in the permit unless: (1) the person or entity requests a written extension before the expiration
of the initial permit, and (2) a new permit or extension is granted.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-40. - Definitions.
For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings
given herein:
Contractor means any party performing the installation and construction for a Permittee who obtains a permit
pursuant to this Article. A Contractor may be a Permittee under this definition.
Lines means all underground and overhead cable, telephone, electric power, wire, gas and irrigation lines,
appurtenances, structures or pipelines.
Permittee means the owner, operator, person and/or entity constructing, excavating or occupying the County
right-of-way who has obtained a permit pursuant to this Article.
Right -of -Way means a portion of land that is dedicated or granted to and accepted by Weld County for
transportation purposes, such as a roadway or highway whether maintained or not -maintained by Weld County. The
term is used as both singular and plural.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-50. - Right-of-way use permit application.
Complete Application Required. Applicants shall file a complete application for a Right -of -Way Use Permit. Based
upon the information provided in the application, additional submittals may be required by the Department of
Public Works if sufficient information was not provided for review of the application. An application shall be
considered complete if it is submitted in the required form, includes all mandatory information, including all
supporting materials specified by application, and is accompanied by the applicable fee. If an application is
determined to be incomplete, the Department of Public Works shall provide notice to the applicant, along with an
explanation of the application's deficiencies. No further processing of the application shall occur until the
deficiencies are corrected in a future resubmittal. An application which is determined to be incomplete may or may
not retain its same processing cycle. The Right -of -Way Use Permit and Application are found in Appendix 88=P, the
terms and conditions of which are incorporated into this Article.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-60. - Application review, right-of-way use permit issuance, permit expiration and permit extension.
A. Review Process. The application and other data filed by an applicant for a Right -of -Way Use Permit shall
be reviewed by the Department of Public Works. The application may also be reviewed by other
departments or agencies to verify compliance with any applicable laws. If the Department of Public Works
finds that the work described in an application for a Right -of -Way Use Permit conforms to the
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requirements and regulations set forth in this Article, meets the requirements defined in the Department
of Public Works Design Standards and Criteria or other pertinent laws regulations or ordinances, and that
all required fees have been paid, a Right -of -Way Use Permit shall be issued to the applicant. Criteria upon
which the Right -of -Way Use Permit shall be considered include, but are not limited to, the following:
1. Safety: Occupation within the County right-of-way must not create a safety hazard to the travelling
public.
2. Constructability: All construction or excavation within the County right-of-way must be able to be
performed according to general construction practices.
B. Changes in Approved Permit. An approved Right -of -Way Use Permit shall not be changed, modified or
altered without written authorization from the Department of Public Works. All work shall be done in
conformance with the approved Permit.
C. Permit Limitations. An approved Right -of -Way Use Permit requires the Permittee to meet certain permit
specifications and general engineering standards when working within the Weld County right-of-way. The
Department of Public Works shall be responsible for ensuring compliance with such specifications and
standards. Reasonable care should be used to avoid damaging the existing roadway. The issuing and
granting of the Right -of -Way Use Permit shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this Article or of any regulations of the County.
D. Indemnification. The Permittee, its agents, employees, subcontractors, Contractors and assigns, hereby
agrees to hold Weld County, Colorado, the agencies thereof and their officers and employees harmless
from any and all loss and damage or any claims which may arise out of, or be connected with, the
construction, installation, maintenance, alteration, removal or presence of the lines installed and/or
constructed herein referred to or any work or facility connected therewith, within the area covered by this
permit; excluding any such loss and damage or any claims (including consequential damages) which may
be caused solely by the negligence of the County, the agencies thereof or its officers and employees. The
Permittee fully understands that all line installation, construction and relocation will be performed at no
expense whatsoever to the County.
E. Permit Expiration. Every approved Right -of -Way Use Permit shall expire if the work authorized by the
permit is not substantially begun within three (3) months from the date of the permit issuance or if the
construction of work authorized by the permit is suspended or abandoned for a period of one (1) year at
any time after the work has begun. Before work can begin or be resumed, the permit must be reissued by
the Weld County Department of Public Works.
F. Permit Extension. Any Permittee with an unexpired Right -of -Way Use Permit may apply, in writing, for an
extension of the time within which work may begin under that permit if the Permittee is unable to begin
work within the time required for good cause, and that the cause is acceptable to the Weld County
Department of Public Works. There shall be an extension fee assessed to cover administrative costs.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-70. - County authority.
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A Right -of -Way Use Permit is considered to be a license for use of the County right-of-way. The Department of
Public Works shall have the authority to suspend work, wholly or in part, because of the failure of the Permittee to
properly execute the work in accordance with this Article. Weld County, notwithstanding the issuance of any permit
or construction in Weld County right-of-way, reserves the right to make any changes, additions, repairs or required
relocation of any facilities within the dedicated right-of-way at any time including, but not limited to, in connection
with the relocation, reconstruction, widening and maintaining roads or right-of-way, without compensating the
owner.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-80. - Permittee's general responsibilities.
The Permittee is responsible to comply with all of the terms and conditions set forth in the Right -of -Way Use
Permit found in Appendix 88=P.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-90. - Inspections.
A. Inspection of work performed within Weld County right-of-way, pursuant to an approved Right -of -Way
Use Permit, is required. Inspections during the construction period will be made by the Weld County
Department of Public Works to ensure that work is progressing in compliance with the Permit. It shall be
the responsibility of the Permittee to provide safe access to the work site for the Department and to all
others, as authorized by law, for inspection at all reasonable times during the execution and upon
completion of the work. At the time of inspection, the Department may order the immediate termination
of any work which poses a serious threat to the life, health, safety or well-being of the public.
B. It shall be the responsibility of the Permittee to notify the Department of Public Works when work is
ready for inspection. The Department requires that every request for inspection be received at least
forty-eight (48) hours before such inspection. Such requests may be made by telephoning, emailing or
faxing the Department. The presence of Department employees on -site shall not guarantee or qualify the
Permittee's performance. The approved permit must be available on -site for review by Department staff.
Failure to comply will result in suspension of the Permit.
C. The Department of Public Works may make or require other inspections or testing of any work as
deemed necessary to ascertain compliance with the provisions of this Article. Any work performed
without the required inspections shall be subject to removal and replacement at the Permittee's expense,
regardless of the quality of the work. Any inspection hours required outside of the normal working hours
will be paid by the Permittee. Certain types of work may have continuous inspection and when large-scale
projects exceed the ability of the Department to provide inspection, the Permittee will incur the cost of a
private inspection firm. This third -party inspector will be appointed by the Department prior to issuance
of the Permit.
(Weld County Code Ordinance 2018-10)
Sec. 8-13-100. - Administrative fee.
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All required fees shall be paid in full at the time of the permit application. The fee schedule for Right -of -Way Use
Permits shall be as determined by resolution of the Board of County Commissioners and shall be shown on the
permit. If the applicant objects to the denial of a permit application by the Weld County Department of Public
Works, or objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant has
the right to appeal the decision to the Board of County Commissioners, in accordance with the procedures detailed
in Section 12-4-110, below.
(Weld County Code Ordinance 2018-10)
Sec. 8-13-110. - Appeal of denial of right-of-way use permit.
If an application for an Right -of -Way Use Permit is denied by the Weld County Department of Public Works, or if
the applicant objects to any of the terms or conditions of a permit thereby placed by the Department, the applicant
has the right to appeal the decision to the Board of County Commissioners, in writing, utilizing the appeal
procedures set forth in Section 2-4-10 of this Code.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-120. - Failure to comply.
A. The issuance of the Right -of -Way Use Permit based on plans, specifications or other data shall not
prevent the Weld County Department of Public Works from requiring the correction of errors in the plans,
specifications and other data or from stopping excavation or construction operations being conducted in
violation of this Article or any other regulations of the County. Failure of the applicant to comply with any
of the terms and conditions of the Permit shall be sufficient cause for cancellation of the permit.
B. The Permittee shall correct any unsatisfactory work including, but not limited to, defects in removal,
replacement or patching. If the Permittee fails to restore the Weld County right-of-way in the manner and
to the condition required by the Weld County Department of Public Works or fails to satisfactorily and
timely complete all restorations required by the Department, the County shall have the right to perform
the restorations at the expense of the Permittee.
C. Weld County reserves the right to require relocation of any facilities within the dedicated right-of-way at
any time without compensating the owner. If the Contractor or Permittee does not perform the required
relocation within four (4) months of notification from the Weld County Department of Public Works, no
new permits will be issued from the Department of Public Works for the contractor until the relocation
has been accomplished.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-130. - Permit suspension or revocation.
A. The Weld County Department of Public Works may deny, revoke or suspend any Right -of -Way Use Permit
to protect the public health, safety, welfare and safe function of Weld County roads. The grant of the
Right -of -Way Use Permit to the Permittee is a privilege, not a right. The County reserves its right to revoke
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any Right -of -Way Use Permit without a fee refund whenever the Permit is issued in error or on the basis
of incorrect information supplied by the Permittee, or whenever the Permit may have been issued in
violation of any provisions of this Article.
B. If the Weld County Department of Public Works determines that the Permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any term or
condition of the Permit, the Department shall notify the Permittee of its suspension by either a phone call
or a written demand, and the Permittee must then remedy the violation. The demand shall state that
continued violations may be cause for revocation of the permit. Further, a substantial breach shall allow
the Department to place additional or revised conditions on the Permit.
C. Within twenty-four (24) hours of receiving notification of the suspension, the Permittee shall contact the
Weld County Department of Public Works with a plan of correction which must be accepted by the
Department. The Permittee's failure to contact the Department, failure to submit an acceptable plan or
failure to reasonably implement the approved plan, shall be cause for immediate revocation of the
permit and termination of work. Upon revocation of the permit the Permittee will be required to re -apply
for a new permit and will be charged for any additional fees that may be applicable.
(Weld County Code Ordinance 2018-10 )
Sec. 8-13-140. - Enforcement.
A. Violations and Penalties. Weld County, through the Weld County Department of Public Works or other
departments so authorized, may enforce this Article through methods included in this Article or through
other methods adopted by the Board of County Commissioners.
B. Criminal Penalties.
1. It is unlawful to occupy, construct or excavate within any Weld County right-of-way or encroach upon
any County right-of-way, unless a Right -of -Way Use Permit is first issued. Any person, firm or
corporation violating any provision of this Article is guilty of a Class 2 petty offense, which, upon
conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) or by
imprisonment in the County jail for not more than ten (10) days, or by both such fine and
imprisonment, for each separate violation. Each day during which such violation continues shall be
deemed a separate offense.
2. Whenever the Weld County Department of Public Works, through one (1) of its employees, has
personal knowledge of any violation of this Article, it shall give written notice to the violator to correct
such violation within seven (7) days after the date of such notice. Should the violator fail to correct the
violation within such seven-day period, the department may request that the Sheriff's Office issue a
summons and complaint to the violator, stating the nature of the violation with sufficient particularity
to give notice of said charge to the violator. The summons and complaint shall require that the
violator appear in court at a definite time and place stated therein to answer and defend the charge.
One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs Office
in the manner provided by law for the service of a criminal summons. One (1) copy each shall be
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retained by the Sheriff's Office and the Department and one (1) copy shall be transmitted to the Clerk
of the Court. The County may remove any obstruction or work not conforming to this Article during
the pendency of the enforcement action.
3. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the
Board of County Commissioners deems it appropriate, the Board of County Commissioners may
appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney.
4. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in
Section 16-2-201, C.R.S., for any violation of this Article.
C. Equitable Relief in Civil Action. In the case of any violation of this Article, the County Attorney, in addition
to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus,
abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such violation.
D. Civil Penalties. In addition to any of the penalties set forth above, any person, firm or corporation
violating any such regulation, provision or amendment thereof or any provision of this Article, may be
subject to the imposition, by order of the County Court, of a civil penalty in an amount of not less than
two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00). It is within the
discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this
Article, the remedies set forth above, or both. Each day after the issuance of the order of the County
Court during which such unlawful activity continues shall be deemed a separate violation and shall, in
accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an
amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties, imposed
pursuant to this Subsection, constitute a lien against real property.
(Weld County Code Ordinance 2018-10 )
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