903.02 DEPOSIT REQUIRED BEFORE OPENING.
No person, partnership or corporation, including any public utility or its agents, shall break into, open up or disturb the pavement of any paved street, avenue, alley or public way of the City, until the person, partnership or corporation has deposited with the Service-Safety Director of the City not less than five hundred dollars ($500.00) or the sum of thirty dollars ($30.00) per running foot for the total length of the opening or excavation, whichever is greater, to pay for replacing and repairing the pavement or surface by the Service-Safety Director.
No person shall open or disturb a greater area than that authorized by the permit for which the deposit has been made. Should the above required deposit exceed the actual cost of the supervision and expense of re-laying and repairing the street or public way, then the excess shall be refunded. Any public utility or its agents operating under a franchise with the City, or a contractor, may, with the consent of the Engineering Department and the Service-Safety Director, in lieu of the aforesaid deposit for each opening, make a single deposit at the beginning of each calendar year in the amount of five thousand dollars ($5,000) or an acceptable performance bond in the amount of five thousand dollars ($5,000), to be held by the City, and to be used on determination by the Engineering Department for the replacement of pavement or the repair of faulty pavement by the public utility with the remaining balance at the end of each calendar year being refunded to the public utility. This provision shall not be determined to excuse obtaining a permit as required in Section 903.01.
(1979 Code 93.11)