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the right of way; <br /> 2. The traffic volume carried by the right of way; the character of the neighborhood <br /> surrounding the right of way; <br /> 3. The pre-excavation condition of the right of way; the remaining life expectancy of <br /> 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 right <br /> of way that would otherwise result from the excavation, disturbance, or damage to <br /> 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 If the city requires the permittee <br /> to restore the right of way, the permittee guarantees its work and shall maintain it for 36 <br /> months following its completion. During this 36 month 36-month period it shall, upon <br /> notification from the Public Works Director, correct all restoration work to the extent <br /> necessary, using the method required by the Public Works Director. Said correction work <br /> shall be completed within five calendar days of the receipt of the notice from the Public <br /> Works Director, not including days during which work cannot be done because of <br /> circumstances constituting force majeure or days when work is prohibited as unseasonal or <br /> 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 and to the <br /> condition required by the Public Works Director or fails to satisfactorily and timely <br /> complete all restoration required by the Public Works Director, the Public Works Director <br /> at its option may do such work. In that event the permittee shall pay to the City, within 30 <br /> days of billing, the cost of restoring the right of way. If permittee fails to pay as required, <br /> the City may exercise its rights under the restoration bond. <br /> E. Degradaon oti F I T fD t' T l'vu vi ht f. t' ht c <br /> b- .. f <br /> user may elect to pay a degradation fee. However, the right of way user shall remain <br /> responsible for natc.hing � a tl, ,1 ,1 t' f 1, 11 t ; 1 ,1 tl, t t l 1. <br /> these responsibilities. (Ord. 1209, 8 24 1998 <br /> SECTION 4: Effective date. This ordinance shall take effect upon its passage and <br /> publication. <br /> Passed by the City Council of the City of Roseville this 26th day of 2024. <br /> 7 <br /> RS 160\l\928687.v2 <br />