§ 46-112. Restoring opening.

(a)

The following three sentences do not apply to telecommunications providers. If the director of public works and/or his/her designee finds that the pavement surfaces and adjacent surfaces to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, the director of public works and/or his/her designee may require a negotiated contribution from the permittee for the resurfacing in place of patching such street. The total area for the proposed patch or probably damaged area must exceed 25 percent of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Such negotiations shall be carried on and contributions agreed upon prior to issuance of a permit.

(b)

As to telecommunications providers, if the director of public works and/or his/her designee finds that the pavement surfaces and adjacent surfaces to the street opening may be damaged where trenches are made parallel to the street, or where a number of cross trenches are laid in close proximity to one another, or where the equipment used may cause such damage, the director of public works and/or his/her designee may require the telecommunications provider to resurface (not patch) the "probably damaged area" which must exceed 25 percent of the total pavement surfacing between curb faces or between concrete gutter edges in any block. Upon request by a telecommunications provider, the director of public works may determine a negotiated contribution from the city or third parties to be paid the telecommunications provider for the resurfacing. Such contribution shall be determined and agreed to by the director of public works and the telecommunications provider prior to the issuance of a permit.

(c)

Any operation in the right-of-way not covered by the above specifications, submitted with this permit, shall be done in accordance with instruction of the director of public works and/or his designee.

(d)

In granting any permit, the director of public works and/or his/her designee may attach such other lawful conditions thereto (which as to telecommunications providers shall not violate the Metro Act or the Telecommunications Ordinance) as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:

(1)

Limitations on the period of one year in which the work may be performed;

(2)

Restrictions as to the size and type of equipment commensurate with the work to be done;

(3)

Designation of routes upon which materials may be transported;

(4)

The place and manner of disposal of excavated materials;

(5)

Requirements as to the laying of dust, the cleaning of streets, the prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; and

(6)

Regulations as to the use of streets in the course of the work.

(e)

The permittee shall notify the department of public works and/or his/her designee in writing upon completion of all work accomplished under the provisions of the permit. The director of public works shall issue a certificate of final inspection and/or his/her designee to each permittee three years after the permanent restoration of the excavation has been made, provided that the work authorized by the permit has been performed according to the city specifications. Prior to the issuance of a certificate, the director of public works and/or his/her designee shall make a full inspection of the restoration to determine whether the city specifications have been adhered to. If any settlement in a restored area occurs within two years from the date of completion of the permanent restoration, any expense incurred by the city to correct such settlement shall be paid by the permittee or recovered from the posted bond, unless the permittee submits proof satisfactory to the director of public works and /or his/her designee that the settlement was not due to defective backfilling.

(f)

In no case shall any opening made by a permittee be considered in the charge or care of the city, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of police power, when it is necessary to protect life and property.

(Ord. No. 17-2003, § 13, 10-27-2003)