Before the City Engineer issues a permit under this subchapter to open or excavate in any street, sidewalk, grassplot, or other public way of the city, the applicant shall agree, in writing with the city, that he will replace, backfill, or reconstruct such opening so made and shall pay the entire expense thereof, the amount to be determined by the City Engineer and shown on the permit, and that the city shall have the right to determine and specify the kind of material to be used and the kind of work to be done for the purpose of replacing, backfilling, or reconstructing such opening or excavation. The city may, at its option, elect to replace, backfill, or reconstruct all or any part of such opening so made, in which event the replacing, backfilling, or reconstruction work shall be done entirely at the expense of the person securing the permit for the opening or excavation.
('74 Code, § 26-43)