20090911S K Slaughter Affidavit in Support.pdf

Scott D. Spears, ISB # 4180
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Office: [phone]
Fax: [phone]
sspears (g achd.ada.id. us
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
) CASE NO. IPC.3.08.22
)
) AFFIDAVIT OF
) SUSAN K. SLAUGHTER
) IN SUPPORT OF ADA
) COUNTY HIGHWAY
) DISTRICT'S BRIEF ON
) RECONSIDERATION
) AND CLARIFICATION
)
IN THE MATTER OF THE APPLICATION OF
IDAHO POWER COMPANY FOR AUTHORITY
TO MODIFY ITS RULE H LINE EXTENSION
TARIFF RELATED TO NEW SERVICE
ATTACHMENTS AND DISTRIBUTION LINE
INSTALLATIONS.
SUSAN K. SLAUGHTER, being first duly sworn on oath, deposes and says as follows:
1. I am presently the Executive Assistant to the Director, and Secretary/Clerk ofthe
Board of the Ada County Highway District ("ACHD"). I have been employed with ACHD since
1993.
2. I make this affdavit based on my direct personal knowledge of the matters set
forth below. I also make this affidavit based upon my capacity as the custodian of ACHD's
offcial and permanent records in accordance with Idaho Code 40-1336.
3. Attached hereto as Exhibit "A" is a true and correct copy of the Ada County
Highway District Resolution 330, which was adopted September 25, 1986. ACHD Resolution
AFIDAVIT OF SUSAN K. SLAUGHTER IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 1
ATTACHMENT 1
330 sets forth ACHD's current rules and standards for regulating the relocation of public utilties
within public rights-of-way under the jurisdiction of the Ada County Highway District.
. ,.DATED this ~ day of September, 2009.
~~J~\~fk-SUSAN K. SLAUGHER -
Ada County Highway District
SUBSCRffED and SWORN to before me this II ~ay of September, 2009.
~Noia;;r Idaha
Residing at: Btbe, .
My Commssion Expires: f' ,.ß
AFIDAVIT OF SUSAN K. SLAUGHTER IN SUPPORT OF ADA COUNTY HIGHWAY
DISTRICT'S BRIEF ON RECONSIDERATION AND CLARIFICATION - 2
RESOLUTION NO. 330
:~:'
BY THE ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS:
CHARLES L. WINDER, GLENN J. RHODES, KEITH A. LOVELESS
A RESOLUTION REPEALING RESOLUTION NO. 232 AND ESTABLISHING A REVISED
POLICY WITH RESPECT TO THE RELOCATION OF PUBLIC UTILITY AND SEWER
FACILITIES WITHIN THOSE PUBLIC RIGHTS-OF-WAY UNDER THE JURISDICTION
OF ADA COUNTY HIGHWAY DISTRICT.
WHEREAS, it is deemed to be in the best interests of Ada County
Highway District and the various public utility and sewer entities
who locate, relocate, install and/or reinstall facilities within
the public rights-of-way to establish a revised policy with respect
to the relocation of such facilities; and
WHEREAS, representatives of the District, Boise City Depart-
ment of Public Works and various utility organizations met on December
18, 1985 to establish the guidelines for utility and sewer relocations
within those public rights-af-way under the jurisdiction of Ada
County Highway District;
¡NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE ADA COUNTY
HIGHWAY DISTRICT BOARD OF COMMISSIONERS that the following policies
shall be applicable with respect to the relocation of public utility
and sewer facilities within the public rights-of-way under the juris-
diction of Ada County Highway District:
SECTION 1. UTILITY OR SEWER RELOCATIONS REQUIRED AS A RESULT
OF RIGHT-OF-WAY IMPROVEMENTS FUNDED BY ADA COUNTY HIGHWAY
DISTRICT.
This section is applicable to those instances where utility or
relocations are required because improvements sponsored or
funded by Ada County Highway District (District) are being
undertaken within the public rights-of-way.
A. Relocation Cost Responsibility - The responsibility
for costs associated with the relocation of utility
or sewer facilities shall be assigned as follows:
(1) Should the District require that any facility
of a utility or sewer company be relocated from
its existing location to a new location within
the public right-of-way, all relocation costs
shall be the responsibility of the utility or
sewer company.EXHIBIT A
Resolution No. 330
Page 2
(2) If a utility or sewer company has facilities 10-
cated on private property, with a right of occu-
pancy other than its right to locate in a public
right-of-way, and the District requires that any
facility so located be relocated, the actual costs
for such relocation shall be the responsibility
of the District. Such costs shall be exclusive
of profit allowances.
B . Operational Procedure:
(l) Preliminary Notification: The District will
provide written notification of potential util-
ity or sewer relocation requirements at the con-
ceptual stage of project development. Any plans
provided at this stage shall be noted as prelimi-
nary. Where practical, the District shall provide
such notification one year in advance of the com-
mencement of right-of-way improvement work. The
notification specified herein shall be delivered
to affected utility and/or sewer companies with a
copy to the the Utility Coordinating Council
(u. C. C. ) . The District shall provide the U. C. C.
with a tentative schedule of its work for the en-
suing fiscal year at the time of budget approval
by the District' s Board of Commissioners.
( 2 ) Preliminary Review: As soon as reasonably
possible and no later than forty-five calendar
days after receipt of the notification indicating
the need for utility or sewer relocations, the
affected utility and/or sewer companies shall
provide the District with a preliminary engineer-
ing plan. That plan shall include the time frame
requirements for material acquisition and reloca-
tion work and speGial construction considerations
that may affect scheduling.
Resolution No. 330
Page 3
(3) Revisions: If revisions are made in the Dis-
trict' s preliminary plan which alter the initial
utility or sewer relocation requirements, the
District will provide the affected utility and/or
sewer companies with revised plans. The affected
companies shall, as soon as reasonably possible
and no later than thirty calendar days after the
delivery of the revised plans, provide to the
District any revisions in the company 's prelimi-
nary engineering plan or schedule.
(4) Final Notification: The District will provide
the Utility Coordinating Council with final
notification of its intent to proceed with right-
of-way improvements and include the anticipated
date work will commence thereon. This notifica-
tion shall indicate that the work to be performed
will either be accomplished pursuant to the
preliminary plan or will be accomplished pursuant
to a revised plan.
(5) Relocation Activity: Unless otherwise agreed
upon, all utility or sewer relocations shall be
completed prior to the anticipated date of com-
mencement of work on the right-of-way improve-
ments by the District.
A project construction control line will be
established in the field by the District. The
location of this control line will be established
after review with the utility and/or sewer com-
panies involved.
(6) Roadway Restoration: Whenever possible, District,
utility and/or sewer company construction personnel
shall coordinate. their activities in an attempt to
eliminate duplication of roadway restoration work.
Resolution No. 330
Page 4
SECTION 2. UTILITY OR SEWER RELOCATIONS REQUIRED AS A RESULT OF
RIGHT-OF-WAY IMPROVEMENTS PARTIALLY FUNDED BY ADA COUNTY HIGHWAY
DISTRICT
This section is applicable to those instances where utility or
sewer relocations are required because of improvements being
undertaken within the public rights-of-way which are partially
funded by the District and partially funded by another indi-
vidual, firm or entity.
A. Relocation Cost Responsibility: The responsibility
for costs associated with the relocation of utility
or sewer facilities shall be assigned as follows:
(1) Where the District requires that any facility
of a utility and/or sewer company be relocated
from its existing location to a new location with-
in the public right-of-way, the utility and/or
sewer company shall be responsible for that por-
tion of the relocation costs that equals the per-
centage of the District' s participation in the
right-of-way improvement Costs . The remaining
utility and/or sewer relocation costs shall be
the responsibility of the individual, firm or
enti ty that provides funds for the balance of the
right-of-way improvement costs.
(2) If a utility or sewer company has facilities 10-
cated on private property, with a right-of-way
occupancy other than its right to locate in a pub-
lic right-of -way, and the Districe requires any
facili ty so located to be relocated, the actual
costs for such relocation shall be the responsi-
bility of the District and the individual, firm or
entity providing funds to accomplish the improve-
ments wi thin the public right-of -way. Such costs
shall be exclusive of profit allowances.
Resolution No. 330
Page 5
B. Operational Procedure:
(1) Plan Review: The District will schedule a plan
review conference to which representatives of all
funding participants and affected utility and/or
sewer companies will be asked to attend. Within
thirty calendar days after the date of the plan
review conference, the utility and/or sewer com-
pany shall provide the District with a project
review statement outlining the utility or sewer
relocation work required, the estimated cost
thereof and the time required therefor. This
statement should include the date on which field
relocation work could commence and any other
special construction considerations that may
affect scheduling.
(2) Revisions: If revisions are made in the prelimi-
nary plans which alter the initial utility or
sewer relocation requirements, the District will
provide the affected companies with revised plans.
The affected companies shall, as soon as reason-
ably possible and no later than thirty calendar
days after delivery of the revised plans by the
District, provide the District with any revisions
to the initial project review statement.
(3) Final Notification: The District will provide
the Utility Coordinating Council with final noti-
fication of its intent to proceed with right-of-
way improvements and include the anticipated date
that work will commence thereon. This notifica-
tion shall indicate that the work to be performed
will either be accomplished pursuant to the pre-
liminary plan or will be accomplished pursuant to
a revised plan.
(4 ) Relocation Acti vi ty: Unless otherwise agreed
upon, all utility or sewer relocations shall be
completed prior to the anticipated date of com-
mencement of work on the right-of-way improvements.
Resolution No. 330
Page 6
(5) Roadway Restoration: Whenever possible, District,
utility and/or sewer company construction person-
nel shall coordinate their activities in an at-
tempt to eliminate duplication of roadway restor-
ation work.
SECTION 3. UTILITY OR SEWER RELOCATIONS REQUIRED AS A RESULT OF
RIGHT-OF-WAY IMPROVEMENTS NOT FUNDED BY ADA COUNTY HIGHWAY DISTRICT
This section is applicable to those instances where utility or sewer
relocations are required because of improvements being undertaken
within the public rights-of-way and do not involve participation
or funding by Ada County Highway District (District).
A. Relocation Cost Responsibility - The responsibility
for costs associated with the relocation of utility
facilities shall be assigned as follows:
(l) When utility or sewer relocations are required as
a result of improvements being made by a developer
within the public rights-of-way which were sched-
uled to have otherwise been made by the District
wi thin three years of the date said improvements
are actually commenced, then the responsibility
for the costs of utility relocations shall be in
conformance with Section 1 of this Resolution.
(2) When utility or sewer relocations are required as
a result of improvements being made by a developer
within the public rights-of-way which were not
scheduled to have otherwise been made by the Dis-
trict wi thin three years of the date said improve-
ments are actually commenced, then the responsi-
bility for the costs of utility or sewer reloca-
tions shall be that of the developer.
(3 ) Roadway Restoration: Whenever possible, District,
utility and/or sewer company construction person-
nel shall coordinate their acti vi ties in an at-
tempt to eliminate duplication of roadway restor-
ation work.
Resolution No. 330
Page 7
B. Operational Procedure:
(1) Plan Review: The developer shall provide the
District and all affected utility and/or sewer
companies with preliminary project plans and
schedule a plan review conference to be held at
the District offices. At the plan review con-
ference each company shall have the right to
appeal, adjust and/or negotiate with the District
and developer on its own behalf. The utility and/
or sewer companies may operate as a technical com-
mittee in comprehensive plan review with the Dis-
trict. Each utility and/or sewer company shall
provide the developer and the District with a
letter of review indicating the magnitude of and
time required for relocation of its faci li ties.
Said letter of review is to be provided wi thin
thirty calendar days after the date of the plan
review conference.
(2) Revisions: If revisions are made in the prelimi-
nary plans which modify the utility or sewer re-
location requirements, the companies shall be pro-
vided with such revised plans and have thirty
calendar days after receipt thereof to review and
comment thereon.
(3) Final Notification: The developer will provide
the District, utility and/or sewer companies with
final notification of its intent to proceed with
the right-of-way improvements and include the
anticipated date work will commence thereon. This
notification shall indicate that the work to be
performed will either be accomplished pursuant to
the .preliminary plan or will be accomplished pur-
suant to a revised plan.
~ 4 ) Relocation Acti vi ty: Unless otherwise agreed
upon, all utility or sewer relocations shall be
completed within the times established during the
plan review process.
Resolution No. 330
Page 8
C. Signalized Intersections - Should any utility or sewer
relocation acti vi ty be in close proximity of an inter-
section included in the District' s Traffic Planning
Policy for signalization or intersection turning move-
ments, the developer, the utility and/or sewer company
shall meet with the District to determine the respons-
ible cost allocation for signalization or turning move-
ment modif ica tions .
D. Trust Fund Deposits - In those cases where a developer
elects or is required to make a deposit to the Dis-
trict i S Road Trust Fund Account to provide for future
improvements within the public rights-of-way in lieu
of the immediate construction thereof, the developer
will be required to include in the deposit an amount
equal to LLO% of the utility and/or sewer company's
estimated cost to accomplish the required utility and/
or sewer relocation work.
Deposits, administration and disbursements of monies
for future utility or sewer improvements or relocations
within the public rights-of-way shall be governed by
the provisions of the District i s then current Resolu-
tion regarding the Public Rights-of-Way Trust Fund.
SECTION 4. UTILITY OR SEWER FACILITY UPGRADES WITHIN THE PUBLIC
RIGHTS-OF-WAY
When any utility or sewer company upgrades or modifies those
facilities located within the public rights-of-way for its own
purposes, all costs of the work associated therewith shall be the
sole responsibility of the utility company undertaking such
activity.
SECTION 5. REPEAL OF RESOLUTION NO. 232
Resolution No. 232, adopted by the Board of Commissioners of Ada
County Highway District on August l8, 1983, is hereby repealed.
Resolution No. 330
Page 9
ADOPTED this 25th day of September , 1986 by the
Board of Commissioners, Ada County Highway District.
~~-ars~. Winder, President
(SEAL)
ATTEST;
l WI t. MAt' 6'A ~
T m L. MacGregor, Director /1#1(3;;;&:;(£ith A. Lo eless, Secretary