§ 98.43. Openings in newly paved surfaces.

A.

Prior to the new paving or reconstruction or resurfacing of any street, the responsible division shall cause notices to be sent to all public utility corporations and City departments to install all necessary mains, conduits, service branches, and structures. Public utility corporations and City departments shall be allowed a reasonable time for completing the aforesaid installations before the new pavement or resurfacing is laid. The Director of Public Service may require that similar notices be sent to abutting owners, in the same manner.

B.

Thereafter, during the period of four years from the final completion and acceptance of the new pavement, no permit for making an opening in such pavement shall be issued to any person or department so notified if the need for making such opening could reasonably have been anticipated, except on payment of an additional charge in excess of the amount otherwise chargeable in the amount of two percent of the restoration cost for each month of the unelapsed part of the four-year period and in no event less than ten percent. Before a permit is issued for making an opening in such pavement, notice shall be given to the City Engineer and Ward Councilman for their review. Such additional charges shall be payable whether restoration work is to be done by the City or by the permittee. Such charges shall not be considered as penalties, but as compensation for loss of useful life caused by avoidable openings in new surfaces. The determination of the Highway Maintenance Division as to such charges shall be final.

(Ord. 861-1990; Ord. 505-1960)