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A. The fee for each permit shall be set forth in a fee schedule to be adopted by the city council. Fees and charges adopted pursuant to this section may be increased or decreased by the council on the director’s recommendation in accordance with changes in the costs incurred by the city. The city council shall, upon recommendation of the director, establish the amount, rates and formulas for the following fees and charges:

B. Fees and Charges.

1. Application Fee. A nonrefundable application fee shall be charged for each right‑of‑way use permit application that is accepted for processing. This fee covers the costs of initial processing, counter service and record keeping. The application fee shall be the same for all types of right‑of‑way use permits.

2. Processing of Application Fee. A fee for the processing of applications shall be charged. The amount of the fee shall be determined based upon the time and cost required to review, inspect, research and coordinate the applicants’ data for each permit application.

3. Surface Cut Fee. A base fee will be charged for all permits that authorize surface cuts to any improved right-of-way. The base fee shall be charged for surface cuts less than 100 square feet or less than 100 feet in length. An additional fee shall be charged for surface cuts of more than 100 square feet or more than 100 feet in length based upon the relative size of the cut. An additional fee shall be charged for each additional square foot in 100-square-foot increments. All fees will be doubled for cutting into improved rights-of-way less than five years old.

4. Multiple Use Fees. The fees for this special type C permit will depend upon the number of uses, size of each use, reporting requirements, coordination and purposes of use. One application is required and one permit will be issued for an estimated number of uses. Upon application, the fee charged will be the same as for a Type C permit. Upon expiration of the permit, the total amount due the city shall be computed based on the actual number of uses of the permit, and the balance due shall be paid by the permittee.

5. Excess Inspection Costs. The city may incur extra costs of inspection for certain permits that require more than the usual number of inspections. These costs may be incurred because of situations related to observed quality of work, traffic problems, schedule problems and cooperation of the permittee. Excess inspection fees will be charged based on the hourly rate of actual costs incurred by the city to make the excess inspections.

6. House Move Charges. When a house move permit is issued the city shall impose a charge based on the actual cost to compensate for its time and expense. These costs may include street crews, signal crews and police, if required to assist in the move. A minimum fee will be charged at the time of permit issuance based on four hours of city crew time. A refundable deposit will also be required, which will be equivalent to the amount of the minimum fee. Costs for damage to city property occurring as a result of the move, or assistance in the house move by city crews in excess of four hours, shall either be deducted from the deposit or billed to the house mover and permittee directly.

7. Repair and Replacement Charges. If the city should incur any costs in repairing or replacing any property as the result of the permittee’s actions, the costs of repair and replacement will be charged to the permittee. These charges will be for the actual costs to the city.

7.1. City Cost Reimbursement. When the city performs work in the right-of-way and finds it necessary to maintain, support, or move a telecommunications provider’s or franchisee’s equipment and/or facilities in order to protect such equipment or facilities or for any other reason, the city’s costs associated therewith will be billed to that telecommunications provider or franchisee and must be paid within 30 days from the date of billing.

7.2. Each telecommunications provider and franchisee shall be responsible for the cost of repairing any equipment or facilities in the right-of-way which such telecommunications provider or franchisee may damage. Each telecommunications provider and franchisee shall be responsible for the cost of repairing any damage to the equipment of another telecommunications provider or franchisee caused during the city’s response to an emergency occasioned by that telecommunications provider or franchisee’s actions.

8. Waiver of Fees. Franchised utilities which must apply for permits because of city-initiated construction projects may be granted a waiver by the director of normal permit fees. This provision only applies to work that would not otherwise have been done by the utility.

C. Review and Adjustment of Fees and Charges.

1. The director will initiate, as needed, a review of right‑of‑way use permit fees and charges to determine their continuing capacity to offset costs incurred by the city in providing services related to the administration of right‑of‑way use permits.

2. The director may recommend to the city council increases or decreases in the amounts, rates, and formulas of the subject fees and charges to reflect changes in the city’s costs in providing the related services. Factors to be considered by the director include the costs of labor, materials, supplies, vehicles and equipment, taxes and changes in operating procedures.

3. The city council will review and approve all changes to fees and charges. (Ord. 5009 § 6, 1997; Ord. 3533 § 1, 1985.)