A. Filing Charges: Filing charges to offset the cost of processing shall be as established by resolution of the city council and shall be paid at the time of filing an application for a terminal facility and/or terminal facility access route.
B. Checking Charges:
1. The applicant shall pay a charge to pay costs incurred by the city to review an application and accompanying plans for a terminal facility access route within the city based upon the number of decision points located along said access route, as designated by the director. The amount of said checking charge shall be as established by resolution of the city council.
2. No adjustment in, or refund of such charges shall be made once checking charges have been paid to the city by the applicant, except when an application is withdrawn, the unexpended portion of the required fee may be refunded upon written request made by the applicant to the director.
C. Charges Required, Installation Of Signs:
1. The applicant shall pay a charge to recover costs incurred by the city to purchase and place terminal facility and terminal facility access route signs in accordance with section 7-8-10 of this chapter. Such charges shall be based upon the number of proposed terminal facilities and the number of decision points located along a terminal facility access route as designated by the director. The amount of said charges shall be as established by resolution of the city council.
2. No adjustment in, or refund of such charges shall be made once sign charges have been paid to the city by the applicant, except when an application is withdrawn, the unexpended portion of the required charge may be refunded upon written request made by the applicant to the director.
3. Charges, as established by resolution of the city council shall also be paid by the person who has been issued a permit for a terminal facility and/or terminal facility access route(s) to recover costs incurred by the city necessary to replace and/or repair signs as required by provisions of section 7-8-10 of this chapter.
D. Inspection Charges:
1. The applicant shall pay a charge to recover costs incurred by the city for inspecting all proposed on and off site improvements required by the director. Such charge shall be as established by resolution of the city council.
2. No adjustment in, or refund of such charges shall be made once inspection charges have been paid to the city by the applicant, except when an application is withdrawn and improvements have not commenced, the required charge may be refunded upon written request made by the applicant to the director.
3. Charges, as established by resolution of the city council shall also be paid by the person who has been issued a permit for a terminal facility and/or terminal facility access route(s) to recover costs incurred by the city to inspect repair of damaged public and/or private property.
E. Security Required; Off Site Street Improvements: Before a permit shall be issued for any terminal facility, the applicant shall provide a bond to guarantee performance of required street improvements, said bond to be approved by the director and the city attorney and to include:
1. Improvement security in the amount of one hundred percent (100%) of the total estimated cost of all required off site street improvements as required by the director and as indicated in the application and accompanying plans, for the purpose of securing the performance of said work.
2. Improvement security in the amount of fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements.
3. In the event improvements are not completed within a reasonable period of time as established by the director, the city shall be authorized to take all necessary actions, including the use of security, to cause the completion of all required improvements. In the event the security is insufficient to pay the full cost of the improvement, the principal shall be liable for any balance.
4. As a part of the obligation guaranteed by the security and in addition to the face amount of security, there shall be included costs and reasonable expenses and charges, including reasonable attorney fees, incurred by the city in successfully enforcing the obligation secured.
5. Monies deposited with the city or in escrow may be partially released to the depositor by the director during the progress of the improvement so long as the same ratio of security is maintained on deposit to secure all uncompleted work.
6. It shall be the duty of the director to inspect, or cause to be inspected, all improvements installed to ensure conformance with this chapter and city standards. No security given for faithful performance of such work shall be exonerated until and unless the director certifies compliance thereto.
F. Form of Security: Whenever this chapter authorizes or requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following, at the option of and subject to the approval of the director and the city attorney:
1. Bond(s) by one or more duly authorized corporate sureties.
2. A deposit, either with the city or a reasonable escrow agent or trust company, at the option of the director, of money or negotiable bonds of the kind approved for securing deposits executed by a security company authorized to transact business in the state.
3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment for carrying out said act or agreement.
G. Security Release:
1. Security given for faithful performance of street improvements for the designation of a terminal facility or terminal facility access route(s), shall be released upon the final completion of such street improvements.
2. Such release shall not apply to costs and reasonable expenses and charges, including reasonable attorney fees. (Ord. 681, 2-19-1985)