SEC. 19-221. STREET CUT FEE; WAIVER.

   (A)   An applicant for an encroachment permit to excavate shall pay a street cut fee unless otherwise provided for herein.

   (B)   If an applicant intends to excavate in a right-of-way scheduled in the city's capital improvement program for complete rehabilitation within one year of the date the encroachment permit is issued, the applicant is not required to pay the street cut fee.

   (C)   As provided in section 19-222, those public utilities granted franchises by State statute or by a franchise agreement with the city, obligating the franchisee to make all repairs to city streets necessitated by the operations of the franchisee, are not required to pay the street cut fee.

   (D)   As provided in section 19-223, the engineer may waive the street cut fee for those city utilities that request such waiver and that present evidence satisfactory to the engineer of the capacity to perform the conditions of waiver set out in section 19-223.

   (E)   The street cut fee shall be established by resolution of the city council.

   (F)   If the engineer determines that permitted work is voluntarily undertaken, rather than required by law, regulation or a condition of land use approval, and the work will be paid for by the permittee, and benefits the city, the engineer may waive the fees imposed by this section.

(`64 Code, Sec. 26-17) (Ord. No. 2444)