Before an excavation permit, as herein provided, is issued, the applicant shall deposit with the City Clerk a cash deposit or surety bond in the amount of twenty thousand dollars ($20,000.00), payable to the City. The required surety bond must be:
(A) With a good and sufficient surety.
(B) By a surety company authorized to transact business in the State.
(C) Satisfactory to the City Attorney in form and substance.
(D) The cash deposit or surety bond shall be upon the condition that the permittee shall comply with this Chapter and shall repair any underground apparatus, including but not limited to cables, wires and pipes and fill up, restore and place in good and safe condition as nearly as may be to its original condition, and to the satisfaction of the City Engineer, all openings and excavations made in streets, and to maintain any street where excavation is made in a good condition for the period of twenty four (24) months after said work shall have been done, usual wear and tear excepted, as it was in before said work shall have been done. Any settlement of the surface within said two (2) year period shall be deemed conclusive evidence of defective backfilling by the permittee. Nothing herein contained shall be construed to require the permittee to maintain any repairs to pavement made by the City if such repairs should prove defective. Recovery on such bond for any injury or accident shall not excuse the bond but it shall cover in its entirety any or all future accidents or injuries during the excavation work for which it is given. In the event any suit or claim against the City is filed, by reason of the negligence or default of the permittee, upon the City's giving written notice to the permittee of such suit or claim, any final judgment against the City requiring it to pay for such damages shall be conclusive upon the permittee and his surety.
(E) An annual bond may be given under this provision which shall remain in force for one year conditioned as above, in the amount specified above and in other respects as specified above but applicable as to all excavation work in streets by the principal in such bond during the term of one year from said date.
(F) Any permit issued pursuant to this chapter carries with it an obligation to respect orderly management and maintenance of public rights-of-way by the applicant. An applicant authorized hereby to use public rights-of-way shall employ sound construction practices to maintain the integrity of public improvements and preexisting rights-of-way conditions and shall be responsible for repair or replacement of any improvements or maintenance or restoration of any conditions disrupted by construction activities. The applicant shall cause any such repair or replacement to be made promptly and in a manner that complies with adopted standards or as is otherwise appropriate to restore the rights-of way to conditions existing before installation. All work shall be expeditiously performed and completed as soon as reasonably possible. (Ord. 903, 11-15-1976; amd. Ord. 1365, 9-3-2019)