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125 ORDINANCE NO. 125 (W AN ORDINANCE OF THE CITY OF GRAND TERRACE AMENDING TITLE 12 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING CHAPTER 12.08, SECTION 12.08.080 AND SECTION 12.08.360 AND ADDING A NEW SECTION 12.08.080 ENTITLED CASH DEPOSITS AND SECTION 12.08.360 ENTITLED PUBLIC SERVICE COMPANIES THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 12.08, Sections 12.08.080 and 12.08.360 of the Grand Terrace Municipal Code are hereby repealed and deleted and new Sections 12.08.080 and 12.08.360 are added to read as follows: Chapter 12.08 STREET EXCAVATIONS 4W Sections: 12.08.080 Cash Deposits 12.08.360 Public Service Companies 12.08.080 Cash Deposits: Before an excavation permit as provided in this chapter is issued, the applicant shall deposit with the city finance department a cash deposit in the amount to be determined by the city engineer to secure proper repairs of the street cut. A. Each permittee, prior to receiving a permit pursuant to this chapter, shall deposit a minimum of five hundred dollars with the city finance department. This amount is to secure emergency street repairs required as a result of the permittee's street cuts. This amount shall be placed by the finance director into a special account. The deposit shall be utilized by the city to make any emergency street repairs required, which repairs cannot be done by the permittee. The amount of the deposit above the five-hundred dollar minimum shall be computed in accordance with the fees schedule set by resolution. Such deposit shall be refunded to the permittee upon request twenty-four months after completion and acceptance of the project. 4 ORDINANCE NO. 125 PAGE 2 B. Return of the deposit shall be conditioned upon the permittee's compliance with this chapter, and further conditioned that the permittee must fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the city engineer, all openings and excavations made in streets, and must maintain any street where excavation is made in as good condition for the period of twenty- four months after the work has been done. Any settlement of the surface within that two- year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing contained in this subsection shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Any owner or real estate repairing or engaging another to repair his own sidewalk shall not be required to give such deposit. An acceptable bond or letter of credit may be given under this provision, which shall remain in force for two years, conditioned as above in the amount specified, and in other respects as specified but applicable as to all excavation work in streets by the principal making such deposit during the term of two years from such date. C. An application for an excavation permit to perform excavation work under this chapter shall be accompanied by a cash deposit, payable to the city, in accordance with a schedule of fees set by resolution. No deposit shall be less than five- hundred dollars. Any person intending to make openings, cuts or excavations in streets or 4W public places may make and maintain with the city finance director a general annual deposit in the sum of not less than five-hundred dollars, and the person so depositing shall not be required to make the special deposits provided in this section, but shall, however, be required to comply with all other applicable provisions of this chapter. Any special general deposit made under this section shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the excavation work under the excavation permit. Such cash deposit, except in the case of an annual deposit, shall be refunded by the city to the permittee upon the expiration of such twenty-four month period and upon request of the permittee; provided, that the city may use any or all of any such deposit to pay the cost of any work the city performs to restore or maintain the street or public place as provided in this chapter in the event the permittee fails to per form such work, in which event the amount refunded to the permittee shall be reduced by the amount thus expended by the city. The decisions of the city engineer as to the cost of the work done or repairs made by him under the provisions of this chapter shall be final and conclusive as to cost. 12.080.360 Public Service Companies. All persons operating public utilities in the city either under regulations of the State Public Utilities Commission or authorized by the state to operate the public utility, and having the right, either by general or special 4 ORDINANCE NO. 125 4W PAGE 3 permission to enter upon the streets and open and excavate pavements, sidewalks or disturb the surface thereon by excavation or other work, shall be required to apply for a permit for a permit and pay all applicable fees and deposits for all work in the public right-of-way. A blanket permit for excavation may be issued for periods up to one year, but excavations in excess of116wfeet by four feet shall not be made without prior approval of plans by the city engineer. Section 2. This Ordinance shall become effective thirty (30) days from the date of adoption. First read at a regular meeting of the City Council of said City on the 9th day of August, 1990 and finally adopted and ordered posted at a regular meeting of said City Council on the 23rd day of August, 1990. MAY ffR of the Cily of Grand Te ee an of the City Council thereof. A T.• ' TCLERK a I, JUANITA J. BROWN, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of August, 1990, by the following vote: AYES: Counci lmembers Pfenni ghausen, Si ngl ey, Carl strom; Mayor Pro Tem Grant; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None All I CLERK Ap rov d as t fo '_�M 4W CITY ATTORNE