The deposit of money made shall constitute a guarantee and may be employed by the city for the replacement of such public place in as good condition as it was immediately before such excavation or diggings and upon default of such person so making such deposit in restoring immediately such public place to as good condition as it was immediately before such excavation or digging was done by him or her, the Street Commissioner may employ the whole or any part of such deposit of money necessary for such restoration, upon the restoration of such public place to such condition as it was immediately before such digging or excavation the City Treasurer shall, upon the certificate of the Street Commissioner or Mayor, restore to the person so making such deposit such sum of money so deposited, or in case any part thereof is employed by the city for such restoration of such public place, upon such certificate the City Treasurer shall refund such part of such sum of money so remaining, any controversy between the one making such deposit and the City Treasurer or the Street Commissioner, or the Mayor, respecting any of the duties to be performed by any of them, may be submitted to the Common Council by any of the parties, and when so submitted the action of the Council thereon shall be binding on all the parties.
(Prior Code, § 25-33)