(A) Each application shall be accompanied with payment of a street opening permit application fee of $15. Utility companies shall have the option to pay fees on a semi-annual basis by separate invoice from the city. The fee shall be doubled ($30) for any applicant who commences with the opening of any street without first having obtained the required permit. In addition, each application shall require the submission of a performance guaranty, in the form of cash, certified check, performance bond, irrevocable letter of credit or similar instrument, which shall serve as a guarantee that all restoration work will be completed by the permit holder in accordance with the terms and provisions of this subchapter. (The performance guarantee requirement shall not apply to permits encompassing sod-only cuts and other activity in unimproved areas of the public right-of-way). The amount of the performance guaranty shall be based upon the size/area of the street opening permit in accordance with the following table:
Size of permit area | Amount of performance guaranty |
50 square feet or less | $ 12.00 per square foot |
Greater than 50 square feet | $ 10.00 per square foot |
(B) Single performance guarantee. As an option to individual performance guarantees identified above and submitted with each permit, utility companies may submit a single guarantee, in the amount of $5,000, to cover all permit activity during the course of any calendar year.
(C) If the exact amount of disturbed area is not available or unknown upon submission of the street opening permit, the applicant may estimate the approximate size or area of the permit and submit a corresponding performance guaranty. Utility companies, contractors and other persons who make multiple openings within the public right-of-way area during the course of a year may post a single performance guaranty with the Director of General Services at the beginning of each year, based upon the prior year's activity or estimate for the upcoming year.
(D) Upon the completion of permanent restoration of a street opening, the Director of General Services, or his or her designee, shall inspect all finished work to ensure conformance with applicable city specifications. If restoration work is accepted by the city, the performance guaranty shall be promptly released and returned to the permit holder. If the restoration work is determined to be noncompliant with city specifications, the Director of General Services, or his or her designee, shall notify the permit holder, in writing, of the specific deficiency in restoration work. A second inspection shall be performed in 30 days by a city representative to determine if the reported deficiency has been corrected. If a deficiency still exists, the Director of General Services, or his or her designee, shall issue a final written notice to the permit holder advising that if restoration work compliance is not completed within ten days the city shall order the work completed at the cost of the permit holder through application of the performance guaranty and the permit holder shall forfeit any and all rights to the performance guaranty, or portion of said performance instrument if an annual guaranty has been posted. Any dispute or disagreement regarding compliance with the terms and provisions of this subchapter may be submitted to the City Administrative Officer, in writing, for review and consideration.
(Ord. O-4-04, passed 3-1-04)