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238 the right of way; 239 240 2. The traffic volume carried by the right of way; the character of the neighborhood 241 surrounding the right of way; 242 243 3.The pre-excavation condition of the right of way; the remaining life expectancy of 244 the right of way affected by the excavation; 245 246 4. Whether the relative cost of the method of restoration to the permittee is in 247 reasonable balance with the prevention of an accelerated depreciation of the right 248 of way that would otherwise result from the excavation, disturbance, or damage to 249 the right of way; and 250 251 5. The likelihood that the particular method of restoration would be effective in 252 slowing the depreciation of the right of way that would otherwise take place. 253 254 D. Guarantees: By choosing to restore the right of way itself If the city requires the permittee 255 to restore the right of way, the permittee guarantees its work and shall maintain it for 36 256 months following its completion. During this 36 month 36-month period it shall, upon 257 notification from the Public WorksDirector, correct all restoration work to the extent 258 necessary, using the method required by the Public Works Director. Said correction work 259 shall be completed within five calendar days of the receipt of the notice from the Public 260 Works Director, not including days during which work cannot be done because of 261 circumstances constituting force majeure or days when work is prohibited as unseasonal or 262 unreasonable under Section 707.15 of this Chapter. 263 264 E.Failure to Restore: If the permittee fails to restore the right of way in the manner and to the 265 condition required by the Public Works Director or fails to satisfactorily and timely 266 complete all restoration required by the Public Works Director, the Public Works Director 267 at its option may do such work. In that event the permittee shall pay to the City, within 30 268 days of billing, the cost of restoring the right of way. If permittee fails to pay as required, 269 the City may exercise its rights under the restoration bond. 270 271 F. Degradation Fee In Lieu of Restoration: In lieu of right-of-way restoration, a right-of-way 272 user may elect to pay a degradation fee. However, the right-of-way user shall remain 273 responsible for patching, and the degradation fee shall not include the cost to accomplish 274 these responsibilities. (Ord. 1209, 8-24-1998 275 276 SECTION 4: Effective date. This ordinance shall take effect upon its passage and 277 publication. 278 279 Passed by the City Council of the City of Roseville this ___ day of ______ 2024. 7 RS160\\1\\928687.v2 Qbhf!61!pg!335