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(A) Application for permit. Any person desiring to lay, lower, change, repair or remove any pipes, or to make connections therewith, or to make any change, improvement, fill, excavation or alterations within or upon any street, sidewalk, public square or alley, shall apply to the City Engineer for a permit to do so. The applicant shall describe the portion of the street, sidewalk, public square or alley where such work is to be done, and the nature and character of the work to be done.
(B) Bond. The applicant shall also give bond, conditioned that the applicant will suitably guard and protect any excavation or obstruction, and defend, save, keep harmless and indemnify the city of and from all actions, suits, costs, damages and expenses including attorneys’ fees which shall or may come to it for or on account of any injuries or damages received or sustained by any person by or from acts or omissions of the applicant or his or her employees in doing such work; and that the applicant will restore such street, sidewalk, public square or alley to its former condition, and complete such work as speedily as possible, and when completed, notify the City Engineer of such fact so that the an inspection can be made to assure that the same has been promptly and properly restored to its former condition; and guaranteeing that such reconstruction, refilling and restoration is done in a good and workmanlike manner, and with good and proper material, and that the same shall not deteriorate, cave in, or require repair or reconstruction for a period of at least two years from the time of such work; and further, to reimburse to the city any and all costs and expenses to which the city may have been put, paid, or become liable for in refilling, repairing, and replacing the work in the surface or pavement of such street, sidewalk, public square or alley, if the work shall be done by the city, or it becomes necessary for the city to do so, the cost in all the cases to be certified by the City Engineer. Such bond, with sureties, shall be approved by the City Council.
(C) Fitness of applicant. No permit shall be granted to any person who is in any respect delinquent in the payment of the moneys herein provided for, or who, in the judgment of the City Council, is unfit or unqualified to engage in the class of work herein provided for.
(D) Issuance of permit. Upon application being made and the filing of such bond, the City Engineer, after having been directed by the City Council to do so, shall issue a permit to the applicant, stating therein all the privileges thereby granted.
(E) Bond for restoration of road surface. Every applicant, including public utility companies, may be required by the City Engineer of the city to post a bond in the sum determined by the City Engineer, wherein the applicant shall be liable unto the city for the payment of such sum the condition of the bond being that if the applicant repairs and restores the surface of the public street to the same condition as it was prior to the time the excavation, tunnel or ditch was made, then the bond shall be void, otherwise to remain in full force and effect. The City Engineer shall determine whether or not such bond is required from the several applicants, based upon division (C) above.
(1999 Code, § 98.26)