(A) (1) If all feasible routes to a requested terminal are found unsatisfactory by the city engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant.
(2) Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to it.
(B) When the work is to be done by the city, the applicant shall deposit with the city, the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as the case may be. When the work is done by the applicant, the applicant may file with the City Engineer, on a form satisfactory to the City Engineer, a statement detailing the actual costs of the retrofitting.
(C) If at any time within five years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which the retrofitting was accomplished, any applicant’s fee may include that applicant’s proportionate share of the retrofitting, as determined by the City Engineer, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this section. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the City Engineer required by division (B) above.
(`61 Code, § 13.69) (Ord. 749, passed 6-4-1985)