CC WORKSESSION PACKET 03042019 - Laserfiche WebLink

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Right-of-Way Management 15 to recover management costs. (D) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of all fees required prior to the issuance of the permit unless the applicant shall agree (in manner, amount, and substance acceptable to the city) to pay the fees within 30 days of billing therefor. All permit fees shall be doubled during a probationary period. Permit fees that were paid for a permit which was revoked for a breach are not refundable. Any refunded permit fees shall be less all city cost up to and including the date of refund. (E) Use of permit fees. All obstruction and excavation permit fees shall be used solely for city management, construction, maintenance, and restoration costs of the right-of-way. (F) Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. (1993 Code, § 1165.12) § 96.15 RIGHT-OF-WAY RESTORATION. (A) Timing. The work to be done under the excavation permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder or when work was prohibited as unseasonable or unreasonable under § 96.18. In addition to repairing its own work, the permit holder must restore the general work area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of work and use reasonable care to maintain the same condition for 36 months thereafter. (B) Repair and restoration. The permit holder shall repair its own work. In addition, in its application for an excavation permit, the permit holder may choose either to have the city restore the right-of-way or to restore the right-of-way itself. (1) City restoration. If the permit holder chooses to have the city restore the right-of-way, the permit holder shall pay the costs thereof within 30 days of billing. If, during the 36 months following the restoration, the pavement settles due to the permit holder’s improper backfilling, the permit holder shall pay to the city, within 30 days of billing, the cost for the resultant degradation as well as for any and all additional city costs associated therewith. (2) Permit holder restoration. If the permit holder chooses at the time of application for an excavation permit to restore the right-of-way itself, the permit holder shall post an additional performance and restoration bond in an amount determined by the city to be sufficient to cover the cost of restoring the right-of-way to its pre-excavation condition. If, 36 months after completion of the restoration of the right-of-way, the city determines that the right-of-way has been properly restored, the surety on the performance and restoration bond posted pursuant to this division (B)(2) shall be released. (C) Standards. The permit holder shall perform the work according to the standards and with the materials specified by the city. The city shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The city, in exercising this authority, shall be guided but not limited by the following standards and considerations: