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2002_Ordinances
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2002_Ordinances
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consult with any state or federal standards for rights-of-way restoration and shall be <br />• further guided by the following considerations: <br />(a) the number, size, depth and duration of the excavations, disruptions or damage to <br />the Public Rights -of -Way; <br />(b) the traffic volume carried by the Public Rights -of -Way; the character of the <br />neighborhood surrounding the right-of-way; <br />(c) the pre -excavation condition of the Public Rights -of -Way and its remaining life <br />expectancy; <br />(d) the relative cost of the method of restoration to the Company balanced against the <br />prevention of an accelerated deterioration of the right-of-way resulting from the <br />excavation, disturbance or damage to the Public Rights -of -Way; and <br />(e) the likelihood that the particular method of restoration would be effective in <br />slowing the depreciation of the Public Rights -of -Way that would otherwise take <br />place. <br />502.2 TEMPORARY SURFACING: The Company shall perform temporary surfacing patching and <br />restoration including, backfill, compaction, and landscaping according to standards <br />determined by, and with the materials determined by, the Director. <br />• 502.3 TIMING: After any excavation by the Company pursuant to this Ordinance, the patching <br />and restoration of the Public Rights -of -Way must be completed promptly and in a manner <br />determined by the Director. <br />C <br />502.4 GUARANTEES: The Company guarantees its restoration work and shall maintain it for <br />twenty-four (24) months following its completion. The previous statement <br />notwithstanding, the Company will guarantee and maintain plantings and turf for twelve <br />(12) months. During these maintenance periods, the Company shall, upon notification by <br />the City, correct all restoration work to the extent necessary, using the method determined <br />by the Director. Such work shall be completed after receipt of notice from the Director, <br />within a reasonably prompt period, with consideration given for days during which work <br />cannot be done because of circumstances constituting force majeure. Notwithstanding the <br />foregoing, the Company's guarantees set forth hereunder concerning restoration and <br />maintenance, shall not apply to the extent another company, franchisee, licensee, <br />permittee, other entity or person, or the City disturbs or damages the same area, or a <br />portion thereof, of the Public Rights -of -Way. <br />502.5 DUTY TO CORRECT DEFECTS: The Company shall correct defects in patching, or <br />restoration performed by it or its agents. Upon notification from the City, the Company <br />shall correct all restoration work to the extent necessary, using the method determined by <br />the Director. Such work shall be completed after receipt of the notice from the Director <br />Page 7 <br />
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