(a) Any public service corporation as defined in A.R.S. Title 40, and any holder of a Telecommunications license or franchise from the city shall be permitted to pay the city on a monthly basis the amount billed for city inspection, review and plan review services provided to public service corporations and telecommunications licensees due to construction activities in the public right-of-way during the prior month. The amount shall be due within thirty days of the date of the billing and if unpaid shall accrue interest from the due date at the rate of 1½ percent per month, not to exceed eighteen percent per annum. A public service corporation or telecommunications licensee shall have the right during regular business hours upon reasonable notice to examine and make copies of the city's records pertaining to costs for inspection, review and plan review services.
(b) The city finds and determines that pavement cuts cause early deterioration of streets and imposes the following surcharge fees to cover damages and early deterioration. These surcharge fees are assessed in addition to the regular permit fees and are over and above any special backfill, compaction and pavement replacement stipulations that may be imposed as a condition of permitting. All surcharge fees shall be deposited in the city's street fund.
(1) Cuts in new paving less than 12 months old. Openings less than 9 square feet or 9 linear feet of trench - $1,000.00 surcharge. Trenches over 9 feet long - $2,500.00 surcharge for every 50 feet or fraction thereof.
(2) For pavement 12 to 24 months old, Openings less than 9 square feet or 9 linear feet of trench - $750.00 surcharge. Trenches over 9 feet long - $1,875.00 for every 50 feet or fraction thereof.
(3) For pavement 24 to 36 months old, Openings less than 9 square feet or 9 linear feet of trench - $375.00 surcharge. Trenches over 9 feet long - $935.00 for every 50 feet or fraction thereof.
(c) The pavement cut surcharge fee may be waived by the City Manager or his designee upon a finding by a preponderance of the evidence that all of the following conditions have been met:
(1) The pavement cut is not the result of improper planning or a lack of diligence on the part of the applicant.
(2) The pavement cut could not have been made prior to the installation of new paving.
(3) The cut can not be avoided by routing the line in a different manner or taking any other action.
(d) For those streets that have been subject to pavement maintenance within the last three years, the applicant shall provide the same type of maintenance on the half street where the cut is made for a distance of 50 feet from each end of the pavement cut.
(e) For all other streets, the applicant shall provide the same type of maintenance on the half street where the cut is made for a distance of 50 feet from each end of the pavement cut.
(Ord. No. 97-38, 7/15/97, repealed and renumbered to Sec. 23-72; Ord. No. 97-38, 7/15/97, enacted)