Except in cases where such excavation or opening is intended as part of the work under a franchise granted by Council, such application shall be accompanied with a fee of five dollars ($5.00) with such further sum or bond as Council may specify as necessary to defray the cost and expense of investigation and inspection of the work by Council or its designated representative and to restore the surface of the street to its former condition if the person making the opening fails to do so. Applications shall also be accompanied by a policy of insurance issued by an insurance company licensed to do business in the State of West Virginia insuring the City in no event of less than twenty-five thousand dollars ($25,000), per person and fifty thousand dollars ($50,000) per accident for personal injury liability and ten thousand dollars ($10,000) property damage liability to indemnify, defend and save harmless the City from any debt, claim, suit, action or demand by any person caused by or arising out of the work or excavation for which such permission is being
applied for; provided that if the excavation or opening is such that in the opinion of Council there
is no danger for the public, Council may waive the requirements for liability insurance in connection with the application.
(1960 Code 6-103.)