§ 29-21. Compensation for costs associated with restoration, reconstruction and repair of damage to Tri-Party Downtown Transportation Improvements.

(a)

It shall be the responsibility of the persons and/or utility companies that damage or disturb public Tri-Party Downtown Transportation Improvements, which are generally indicated by location in Attachment I hereto, as may be amended to include further future and similar improvements, to compensate the City of San Antonio for actual costs of labor, equipment, materials and overhead associated with city public works department restoration, reconstruction and/or repair of said improvements in general accordance with Tri-Party Design Plans and Specifications.

(b)

Persons and/or utility companies causing construction, excavation or demolition to take place within or under, the public Tri-Party Downtown Transportation Improvements shall be responsible to construct bedding and initial backfill in the excavation up to an elevation to be determined in each instance by the city engineer, at which point Tri-Party specified backfill subgrade or base will be constructed by the city public works department. That initial construction of bedding and initial backfill by the person and/or utility company, shall be accomplished in accordance with prudent civil and utility engineering and construction standards. This city public works department construction is a means to assure that the Tri-Party Improvements restoration, reconstruction and/or repair may be successfully placed above such initial construction, excavation or demolition conducted by persons and/or utility companies.

(c)

Tri-Party Improvements pavement, including subgrade, base course(s), and surface course, will be replaced by city public works department forces to generally conform to design sections indicated on applicable construction documents for the Tri-Party Downtown Transportation Improvements Project. These construction documents shall include drawings and specifications as originally prepared by:

Package 1—Johnson, Johnson & Roy, Inc. and others;

Package 2—Ford, Powell & Carson and others;

Package 3-LAN/Saldana and Amphion Environmental;

and any and all changes or modifications to those documents made during the course of original construction as evidenced in the "as-built" record drawings.

Where, in the opinion of the director of public works, it is necessary for the city public works department to modify original construction methods, materials, or design to achieve the intent of the original Tri-Party Improvements design, those additional changes shall also be incorporated by the city in the Tri-Party Improvements restoration, reconstruction and/or repair, and paid for by the person and/or utility company.

(d)

Any person or utility company considering construction, excavation, or demolition activity within, or under the Tri-Party Improvements shall in advance of same, submit design plans to the city's building inspector for review and comment and shall secure proper permits and/or approvals and pay appropriate fees as otherwise required by the San Antonio City Code. Additionally, the person or private utility company that intends to disturb Tri-Party Improvements shall post a bond, make a cash deposit with the city, or provide other suitable forms of financial security as determined by the city's building inspector in an amount that approximates the projected costs of inspection/observation, labor, equipment, materials, and overhead associated with the city public works department restoration, reconstruction and/or repair activities as estimated in writing and in advance of construction by the city engineer. Upon completion of the work conducted by the public works department, the person or utility company shall be presented with a final invoice stating the actual costs incurred by the public works department listed by general accounting categories. Within thirty (30) days of city issuance of the final invoice to the person or utility company, reimbursement to the city shall occur. Upon satisfactory payment of the invoice, the city shall release any remaining forms of financial security posted by the person or private utility company.

(e)

Emergency conditions requiring immediate response by affected parties warrant the city's building inspector to exercise hereby authorized discretion to waive and/or modify normal standard procedures outlined herein and to promulgate special written conditions to expeditiously address the resolution of the emergency conditions.

(f)

To the maximum extent permitted by applicable law, this section shall apply to previously authorized franchise agreements and licenses or contracts allowing use of the city's public right-of- way.

(g)

Conviction for violation of this section shall be punishable by a fine in San Antonio Municipal Court not to exceed five hundred dollars ($500.00), and city council hereby directs that any said fines collected be deposited into Fund No. 29, Project 014000, Streets/Drainage Maintenance and Improvement Fund.

(Ord. No. 69219, §§ 1—7, 4-6-89)

Editor's note

Ord. No. 69219, §§ 1—7, adopted April 6, 1989, did not specifically amend the Code and at the discretion of the editor said provisions have been included herein as § 29-21. Attachment I referred to in § 29-21 has not been set out at length herein but is on file and available for inspection in the offices of the city.