(b) The waiver request must set forth in detail the basis for the request, including but not limited to:
(1) the person's history of performance in completing its projects and complying with restoration obligations in the city's rights-of-way; and
(2) documentation, in a form acceptable to the city, demonstrating that the person has unencumbered assets or reserves sufficient to cover the amount of the performance bond, letter of credit, or cash deposit that would otherwise be required under Section 43-140.1.
(c) Within 30 calendar days after receiving a written request for a waiver, the director may, for good cause shown, grant a waiver from the requirement that the person provide a performance bond, letter of credit, or cash deposit pursuant to Section 43-140.1. In making this decision, the director shall consider all of the following:
(1) The person's record of performance in the city's rights-of-way.
(2) The person's record of compliance with this article.
(3) A showing of financial responsibility by the person sufficient to guarantee the full and faithful execution of the estimated work to be performed during the year in which the waiver is in effect.
(4) Any other factor relevant to a determination of the financial responsibility of the person and its ability to safely and fully perform permitted work.
(d) A waiver expires one year after being granted by the director, and the person must reapply for a waiver each year during which it will perform work in the city's rights-of-way.
(e) Upon determining that a person is in violation of this article, the director may deny any request for a waiver and may terminate any existing waiver that had been granted under this section. A person whose waiver is terminated may not reapply for another waiver until two years have elapsed since the date of termination.
(f) If a waiver is denied or terminated by the director, the person shall immediately take all necessary steps to temporarily restore the right-of-way and then cease all work in the right-of-way until the person has provided a bond, letter of credit, or cash deposit that has been approved by the director. (Ord. Nos. 25693; 26263; 29993)