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2024_0123_PWETC_Packet
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2024_0123_PWETC_Packet
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1/25/2024 10:40:01 AM
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Commission/Committee
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Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
1/23/2024
Commission/Committee - Meeting Type
Regular
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with having to correct the defective work. <br />2. Permittee Restoration: If the permittee restores the right of way itself, it shall <br />at the time of application for an excavation permit, if the Director determines <br />additional security is necessary, post an additional performance and restoration <br />bond in an amount determined by the Director to be sufficient to cover the cost <br />of restoration. If, 36 months after completion of the restoration of the right of <br />way, the Director determines that the right of way has been properly restored, <br />the surety on the performance and restoration bond posted pursuant to this <br />subsection shall be released. <br />C. Standards: The permittee shall perform patching and restoration according to the <br />standards and with the materials specified by the Director. The Director shall <br />have the authority to prescribe the manner and extent of the restoration, and may <br />do so in written procedures of general application or on a case -by -case basis. <br />The Director in exercising this authority shall be guided by the following <br />considerations: <br />1. The number, size, depth and duration of the excavations, disruptions or <br />damage to the right of way; <br />2. The traffic volume carried by the right of way; the character of the <br />neighborhood surrounding the right of way; <br />3. The pre -excavation condition of the right of way; the remaining life <br />expectancy of the right of way affected by the excavation; <br />4. Whether the relative cost of the method of restoration to the permittee is in <br />reasonable balance with the prevention of an accelerated depreciation of the <br />right of way that would otherwise result from the excavation, disturbance or <br />damage to the right of way; and <br />5. The likelihood that the particular method of restoration would be effective in <br />slowing the depreciation of the right of way that would otherwise take place. <br />D. Guarantees: By choosing to restore the right of way itself, the permittee <br />guarantees its work and shall maintain it for 36 months following its completion. <br />During this 36 month period it shall, upon notification from the Director, correct <br />all restoration work to the extent necessary, using the method required by the <br />Director. Said work shall be completed within five calendar days of the receipt <br />of the notice from the Director, not including days during which work cannot be <br />done because of circumstances constituting force majeure or days when work is <br />prohibited as unseasonal or unreasonable under Section 707.15 of this Chapter. <br />E. Failure to Restore: If the permittee fails to restore the right of way in the manner <br />and to the condition required by the Director, or fails to satisfactorily and timely <br />complete all restoration required by the Director, the Director at its option may <br />do such work. In that event the permittee shall pay to the City, within 30 days of <br />billing, the cost of restoring the right of way. If permittee fails to pay as <br />required, the City may exercise its rights under the restoration bond. <br />F. Degradation Fee hi Lieu of Restoration: In lieu of right-of-way restoration, a <br />right-of-way user may elect to pay a degradation fee. However, the right-of-way <br />user shall remain responsible for patching, and the degradation fee shall not <br />include the cost to accomplish these responsibilities. (Ord. 1209, 8-24-1998) <br />707.13: JOINT APPLICATIONS: <br />A. Joint Application: Registrants may jointly apply for permits to excavate or <br />obstruct the right of way at the same place and time. <br />Page 32 of 82 <br />
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