A. Permit Required: It shall be unlawful for any person to tunnel under or to make any excavation in any street, alley or other public place in the City without having obtained a permit therefor as is herein required or without complying with the provisions of this Chapter or in violation of or variance from the terms of any such permits.
B. Application for Permit; Issuance:
1. Applications for such permits shall be made to the City Council and shall describe the location of the intended excavation or tunnel, the size thereof, the purpose therefor, the person doing the actual excavating work and the name of the person for whom or which the work is being done and shall contain an agreement that the applicant will comply with all ordinances relating to the work to be done.
2. No such permit shall be issued except on order of the City Council.
C. Fees: The fees for such permits shall be such as may be prescribed from time to time by the City Council.
D. Deposit:
1. No such permit, except as provided herein, shall be issued unless and until the applicant therefor has deposited with the Clerk a cash deposit in the sum of two hundred dollars ($200.00) if no pavement is involved, and five hundred dollars ($500.00) if the excavation is in a paved area, to insure the proper restoration of the ground and laying of the pavement, if any. From this deposit shall be deducted the expense to the City of relaying the surface of the ground or pavement and of making the refill if this is done by the City or at its expense, and the balance shall be returned to the applicant without interest after the tunnel or excavation is completely refilled and the surface or pavement is restored.
2. The contractor shall pay any additional cost if the deposit is not sufficient to cover the actual cost of refill and restoration.
3. Companies acting as the City's agent and public utilities franchised by the City shall not be required to make the cash deposits called for herein. (1993 Code)