(A) Application for permit. Any person desiring to lay, lower, change, repair, 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 Superintendent of Streets for a permit to do so. 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. Applicant shall also give bond, conditioned that he or she 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 he or she 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 Clerk of such fact so that the Superintendent of Streets may see that the same has been promptly and properly restored to its former condition and guaranteeing that such work so reconstructed, refilling and restoration so made is made in a good and workmanlike manner, and of 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, the City Clerk, for use of 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 Superintendent of Streets. 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 monies 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 Superintendent of Streets, 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) Annual bond. Every applicant, including public utility companies, may be required, by the Superintendent of Public Works of the city to post a bond in the sum of $500, wherein the applicant shall be liable unto the city for the payment of $500, 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 of the excavation, tunnel or ditch was made, then the bond shall be void, otherwise to remain in full force and effect. The Superintendent of Public Works shall determine whether or not such bond is required from the several applicants, based upon division (C) above.
(1975 Code, § 33.19) Penalty, see § 96.99