(A) The conditions of the bond required by § 90.047 of this chapter shall not be considered to have been complied with until the Engineer shall have accepted the street or highway as being in good condition.
(B) If the person making the opening shall fail to leave the highway in a good state of repair, satisfactory to the Engineer, then the Engineer shall call upon the bondsmen to pay for the cost of repairing the highway; provided, however, that, if it is a cash deposit instead of a bond the engineer may proceed to have the street or other highway put in good condition, paying for the work out of the deposit made with him or her; and, if there be any remainder of the deposit after paying for the work, the remainder shall be refunded to the person making the deposit.
(1998 Code, § 106-82)