§ 151.140 UTILITIES ENCROACHMENT PERMIT.
   (A)   Application process. Any person desiring an encroachment permit pursuant to this section shall file an application with the Engineering Division in the form prescribed by the city, together with that part of the non-refundable application processing fee established by Council resolution. The full fee shall be paid on demand from the city and shall be in an amount established by the City Manager as necessary to recover all reasonably related costs incurred by the city to review and process the application.
   (B)   Special terms and conditions for the encroachment permit described in this section. In addition to the general terms and conditions for all encroachment permits listed above, permits issued pursuant to this section shall also comply with the undergrounding of existing overhead and proposed utility lines per § 152.030 and § 155.057, respectively.
   (C)   Fees.
      (1)   Entities subject to this permit shall pay:
         (a)   The encroachment permit application processing fee which covers the cost of reviewing and processing the application provided, however, public utility corporations, counties, state agencies and adjacent cities, for conformity, will not be required to pay the permit application processing fee;
         (b)   The inspection fee which covers the cost of inspection of the construction, work, or installation to insure it meets all city requirements;
         (c)   A fee to recover all of the reasonable costs associated with construction, maintenance and operation of permittee’s facilities in the highway, including but not limited to all reasonable and supportable costs associated with the damage caused to the highway; and
         (d)   In addition to the permit fees, the permittee shall also pay such use fees as spelled out in their use agreement with the city.
      (2)   Each of these fees will be established by Council resolution provided however that application processing fee may be established based on cost as set forth hereinabove.
   (D)   Examples. Examples of utilities for which this permit would be applicable would be non-city owned or operated water, sewer, irrigation, effluent, electric, and gas lines.
(Prior Code, Art. 18-9) (Res. R22-09-20, passed 9-8-2022; Ord. O22-09-05, passed 9-8-2022)