Whenever such application is approved, the applicant shall be required to give a bond to the county, with surety to be approved by the County Highway Engineer, the Engineer’s assistant, or, in the absence of either, by the County Highway Superintendent, with the advice and consent of the Board of Commissioners, which bond shall guarantee that the place where the work is to be done shall be restored to a condition (including any drain tiles) and in the manner provided by the provisions of this subchapter. Such bond shall be in the sum of $5,000 for each separate cut, dig, trench, excavation, tunnel or bore, which crosses any road, street, alley, sidewalk, roadside ditch, right-of-way or other public place at a depth of no greater than six feet, an angle not less than 80 degrees nor more than 100 degrees, and the sum of $20,000 per mile or parts thereof, for each separate cut, dig, trench, excavation, tunnel or bore which parallels or crosses any road, street, alley, sidewalk, roadside ditch, right-of-way or other public place at a depth of greater than six feet, one inch, an angle less than 80 degrees or more than 100 degrees and the sum of $5,000 or $150 per foot or parts thereof, whichever is the greater amount, for attachment of any wire, pipe or conduit to, or removal from, any county bridge, overpass or underpass. Such bond shall provide for the surety to guarantee that the principal of the bond shall faithfully perform all the duties imposed upon said principal for each and every cut, dig, trench, excavate, grade, tunnel or bore, or for each attachment of wire, pipe or conduit to, or removal from, any county bridge, overpass or underpass, installed in any county right-of-way according to the requirements of this subchapter. Such bond shall remain in full force for a period of three years from the date of completion of the permittee’s work to assure that no hidden damage to drains or other county structures occur. No permit shall be issued until the bond has been filed with and approved by the County Highway Engineer, the Engineer’s assistant, or, in their absence, by the County Highway Superintendent, with the advice and consent of the Board of Commissioners. Anything contained herein to the contrary notwithstanding, however, a check payable to the county, in the same sum as designated herein for such bond, or a letter of credit issued by a financial institution approved by the County Board of Commissioners in the same sum as designated herein for such bond, may be filed with such application in lieu of such surety bond; provided further, however, that public utilities whose rates are regulated by the Indiana Utility Regulatory Commission, and municipal utilities may submit an indemnifying agreement acceptable to the County Board of Commissioners providing that the utility shall comply with all the terms and conditions of this subchapter, in lieu of such bond, check or letter of credit.
(Ord. 2021-02, passed 3-8-2021)