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194 195 SECTION 3: Title 7, Section 707.12 of the Roseville City Code is amended to 196 read as follows: 197 707.12: RIGHT-OF-WAY REPAIR AND RESTORATION: 198 A. Timing: The work to be done under the excavation permit, and the patching and/or 199 restoration of the right of way as required herein, must be completed within the dates 200 specified in the permit. The time may be extended by the Public Works Director who may 201 increase such time increased by as many days as work could not be done because of 202 extraordinary circumstances beyond the control of the permittee, as determined by the 203 Director, or by as many days that whenwork was prohibited as unseasonal or unreasonable 204 under Section 707.15(B) of this Chapter. 205 206 B. Patch and Restoration: Permittee shall patch its own work. The City has the right to may 207 choose either to restore the right of way or to require have the permittee restore the right 208 of way or to restore the right of way itself. Regardless of which party restores the right of 209 way, the permittee is responsible to provide sufficient backfill in the excavated area to 210 support the restoration. 211 212 1. City Restoration: If the City restores the right-of-way, permittee shall pay the costs 213 thereof within 30 days of billing of such restoration together withpermit fee. 214 Restoration fees are established annually in the fee schedule. If, during the 36 215 months following such restoration, the pavement settles due to permittee's improper 216 backfilling, the permittee shall pay to the City, within 30 days of billing, all costs 217 associated with having to correct the defective work. Upon any failure to pay, the 218 City shall refund its cost through the restoration bond. 219 220 2. Permittee Restoration: If the permittee restores the right of way itself, it shall at the 221 time of application for an excavation permit, if the Director determines additional 222 security is necessary, post an additional performance and restoration bond in an 223 amount determined by the Director to be sufficient to cover the cost of restoration. 224 If, and 36 months after completion of the restoration of the right of way, the Public 225 Works Director determines that the right of way has been properly restored, the 226 surety on the performance and restoration bond posted pursuant to this subsection 227 shall be released. If, during the 36 months following such restoration, all costs 228 associated with having to correct the defective work shall be fundedcost through 229 the restoration bond. 230 231 C. Standards: The permittee shall perform patching and restoration according to the standards 232 and with the materials specified by the Public Works Director. The Public Works Director 233 shall have the authority to prescribe the manner and extent of the restoration and may do 234 so in written procedures of general application or on a case-by-case basis. The Public 235 Works Director in exercising this authority shall be guided by the following considerations: 236 237 1. The number, size, depth and duration of the excavations, disruptions, or damage to 6 RS160\\1\\928687.v2 Qbhf!5:!pg!335