(A) Each city utility shall state on its application for an encroachment permit whether the city utility will pay the street cut fee or requests a waiver thereof. A city utility that requests a waiver of the street cut fee shall also present evidence satisfactory to the engineer that the city utility has the capacity to perform the conditions of waiver set out in this section.
(B) If the engineer waives the street cut fee for a city utility, that utility shall, within 90 days of the issuance of the encroachment permit for which the street cut fee was waived, and every five years thereafter, inspect, as directed by the engineer, the pavement in the city's streets where the city utility has made an excavation or street cut at any time, until such portion of the street is completely resurfaced or reconstructed.
(C) As directed by the engineer, the city utility shall identify all defects in the pavement over and around such excavations and street cuts that arise from such excavations and street cuts and make repairs and perform maintenance in accordance with city specifications.
(D) The city utility shall inspect such repairs and maintenance and report thereon to the engineer. The inspections and reports may be made by the city utility, by other city staff or by an inspector approved by the engineer, as directed by the engineer. If the inspections and reports are made by an inspector approved by the engineer, the city utility shall pay such person for such work.
(E) The engineer may, from time to time, inspect such excavations and street cuts and notify the city utility of any defects in the pavement that arise from such excavations and street cuts, whereupon the city utility shall make repairs and perform maintenance as directed by the engineer.
(F) Before performing such inspection, repair or maintenance the utility may receive from the engineer the locations and names of streets that will be repaved within one year from the date such information is received. The city utility need not perform such inspection, repair and maintenance on such streets.
(G) If the city utility does not perform one or more of the city utility's duties set out in this section, the engineer shall notify the city utility thereof, specifying the failure. The city utility shall cure the failure within 20 calendar days of receiving the notice, or such additional time as the engineer may grant. The engineer may refuse to issue any additional encroachment permits to the city utility until the cure is completed or may issue any additional encroachment permits only on condition that the city utility pay the street cut fee.
(H) If, as part of or in the course of doing pavement work or inspecting pavement conditions in city streets, city employees or contractors not working for the city utility identify a defect in the pavement over or around an excavation or street cut that was previously made by the city utility and that arises from such excavation or street cut, such employees or contractors may repair such defect.
(I) If the city utility is required to pay the street cut fee, or if city employees or contractors not working for the city utility make inspections and reports or perform repairs necessitated by the city utility's excavations or street cuts, the city manager may determine a method for the city utility to reimburse the city program doing such work or paying such contractor.
(`64 Code, Sec. 26-19) (Ord. No. 2444)