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180 <br /> <br /> Section 33-59.1. Establishment of <br /> <br />No person shall excavate in the <br />requirements of this Code, having first ity CITh~?g~nount <br />of this Trench Cut Fee shall be set from the City Council by resolution, and shall not <br />exceed the reasonable cost necessary to mitigate the degradation to the public streets <br />caused by such excavation. <br /> <br />Section 33-59.2. Variance From Payment Of Trench Cut Fee. <br /> <br /> Any person subject to the Trench Cut Fee may request that the Director waive the <br />requirement of payment of the Trench Cut Fee due to individual circumstances that <br />demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related <br />to the projected impact of the proposed excavation. <br /> <br />Section 33-59.3. Exceptions. <br /> <br /> (a) Excavations in streets scheduled for pavement structural improvements in the <br />City's capital improvement construction schedule within one (1) year of the date of <br />excavation shall be exempt from the Trench Cut Fee. The Public Works Agency shall <br />endeavor to notify public utilities of streets so scheduled. <br /> <br /> (b) No Trench Cut Fee shall be charged for underground utility district projects, <br />utility line relocations necessitated by city street work projects or by street vacations or <br />abandonments. <br /> <br /> (c) No Trench Cut Fee shall be charged with respect to excavation in a sidewalk <br />or a concrete street. <br /> <br />Section 33-59.4. Utility Master Plans. <br /> <br /> Any utility owning, operating or installing in City streets, alleys, sidewalks, or any <br />other public places facilities providing water, sewer, gas, electric, communication, video <br />or other utility services, shall prepare and submit to the Director a utility master plan, in a <br />format specified by the Director, that shows the location of the utility's existing facilities <br />in City streets, alleys, sidewalks, and other public places, and shows all of the utility's <br />planned major utility work in City streets, alleys, sidewalks and other public places for <br />the next five years. Utilities shall submit an initial utility master plan no later than one <br />hundred eighty (180) days after the effective date of the ordinance adopting this section. <br />Thereafter, each utility shall submit annually, on the first regular business day of July, a <br />revised and updated utility master plan. As used in this subsection, the term "planned <br />major utility works" refers to any and all future excavations planned by the utility when <br /> <br /> <br />