§ 54.02 APPLICATION FOR HIGHWAY AUTHORITY AGREEMENT.
   (A)   Requirements generally. Any owner/operator requesting that the City enter into a highway authority agreement shall submit to the Superintendent the following:
      (1)   A written application requesting the same (hereinafter the "application");
      (2)   A certified check or money order in the amount of $1,250 as an application fee, this fee is non-refundable;
      (3)   A certified check or money order in the sum of $1,500, to pay the minimum fee of the City to hire a consultant. The minimum fee to be charged by the City to the owner/operator for the costs of hiring a consultant to review the application for the highway authority agreement and the supplement agreement shall be $1500; and
      (4)   An executed preliminary agreement, hereinafter "preliminary agreement", on a form provided by the Superintendent. The preliminary agreement shall, at a minimum:
         (a)   Commit the city to make a good faith effort to evaluate whether entering into and implementing the agreement will pose any significant risk of harm to persons or the environment; and
         (b)   Commit the owner/operator to compensate the city up to a predetermined amount, above and beyond the minimum fee set forth for the costs of hiring a consultant to review the application in the manner set forth in § 54.03. The Mayor shall establish said pre-determined amount for each application, in consultation with the Superintendent, in order to reasonably anticipate the consultant costs that will be incurred for that application. The fee shall consider and include the cost to the city of entering into a supplemental agreement.
   (B)   Contents of application. The application shall include, at a minimum, the following:
      (1)   A legal description of and common street address for the property;
      (2)   A draft of a proposed highway authority agreement; and
      (3)   Any and all documents, including any reports and any drawings, pertaining to any testing performed on the property and in the immediate vicinity of the property, which disclosed the contamination that is the subject of the proposed highway authority agreement.
(Ord. 10-33, passed 10-11-10)