§ 71.44 RETROFITTING.
   (A)   If all feasible routes to a requested terminal are found unsatisfactory by the Director, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retro-fitting 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 esti-mated 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 Director, on a form satisfactory to the Director, 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 such retrofitting was accomplished, any such applicant's fee may include that applicant's proportionate share of the retrofitting as determined by the Director, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any applicant who con-tributed to the cost of retrofitting under this division. Nothing herein shall require the payment of propor-tionate fee if the applicant doing the work failed to file the report with the Director required by division (B) of this section.
('64 Code, § 14A-5) (Ord. 669, passed 6-27-85)