927.06 OBTAINING PERMIT AND POSTING SECURITY WHEN SURFACE OF RIGHT OF WAY IS OPENED.
         (a)    Any person or legal entity requesting or causing the surface of any public right of way in the City to be opened or excavated for the purpose of installing, repairing or connecting to a public utility line shall be required to obtain a permit and post a cashier’s check or a performance bond for the amount so determined by the City Engineer to assure that the public right of way will be restored per City Construction Standard 1167.16 as determined by the City Engineer. Restoration of the public right of way per the City Construction Standard shall be done at the expense of the person or legal entity applying for the permit. Such check or bond shall be held by the City for a period of up to one year and shall then be released should the Engineer find that the repair has been satisfactorily completed.
   (b)   In addition, any person or legal entity requesting or causing the surface of any public right of way in the City to be opened or excavated for the purpose of installing, repairing or connecting to a public utility line shall pay an inspection fee to the Finance Director, prior to the opening or excavation. The inspection fee will be established by the Board of Control. The person or legal entity shall hold the City harmless in matters related to the opening or excavation.
   (c)   If any person or legal entity needs to perform an emergency street opening to repair a public utility line, and there is not sufficient time to obtain a permit, the person or legal entity may perform the street opening then provide notice to the City Engineer before the close of the next business day. This does not relieve the person or legal entity from the other requirements of this section.
(Ord. 4292. Passed 4-28-09.)