Grantee, for any construction requiring pavement cuts, shall pay to city an amount to reimburse city for the pavement degradation and shortened pavement life that results from such cuts. Such fees shall be set by resolution of the City council and shall be based upon the linear feet of the pavement cut, the age of the pavement when cut and whether the excavation is transverse or longitudinal. This section shall not apply to a Telecommunication Utility if such fee is determined by a court of competent jurisdiction to fall within the restrictions of ORS 221.515(3). If such determination is made, then the fee shall apply only to cuts made after the determination. (Ord. 2850 § 11, amended, 10/19/1999)