907.03 PERMIT FEE; BOND.

   (a)    The fee charged the applicant for the issuance of any such permit, and the inspection of the work thereof, shall be five percent of the deposit, or bond, hereinafter required for the various streets. In any case, however, the minimum fee shall be not less than fifteen dollars ($15.00). In addition to the fee for such permit, the applicant shall deposit with the Service Director or his representative, in the name of the contractor, firm or corporation making the street opening, the sum of fifty dollars ($50.00) or a performance bond in the same amount for each cut into an unimproved street in the City where the cut is not more than half the width of the street, and the sum of five hundred dollars ($500.00) or a performance bond in the same amount for any cut made in any street in the City where the street has been improved with a concrete or blacktop surface, and the sum of one thousand dollars ($1,000) or a performance bond in the same amount for any cut on Broad Street, Main Street or Hamilton Road within the City.

(Ord. 59-73. Passed 7-3-73.)

   (b)    If a performance bond is given in lieu of cash deposit, the terms of such bond must be to the satisfaction of the Service Director and shall be conditioned upon the faithful performance of the applicant of all the requirements of this chapter and shall be for one year from the date the street cut is made. If a deposit in cash be made, the cash shall be delivered by the Service Director to the Treasurer of the City who shall maintain the same in a separate fund as a trust to guarantee the faithful performance by the applicant of all the requirements of this chapter. Should the applicant fail in any manner to faithfully carry out any of the provisions of this chapter, the City shall do such work as is necessary to see that such compliance has been made, and all such work shall be charged to the applicant. The City shall maintain such funds for a period of one year and at the end of such year shall deduct therefrom any expense to which the City has been subjected by the failure of such applicant to carry out the provisions, and at that time shall refund to the applicant any unused portion of such deposit.

   (c)    The Service Director shall have the right to refuse to issue a permit for a street opening if the contractor, firm or corporation designated to do the work has violated this chapter. At any time in the past, or if in the opinion of the inspector, the contractor will not be able to do the work according to this chapter.

(1964 Code §152.37)

   (d)    Public utility companies shall be exempt from the provisions of this section and will operate under specific regulations as established by the Director of Public Service. "Public utility companies" shall be those defined under Ohio R.C. 4905.02.

(Ord. 59-73. Passed 7-3-73.)