§ 25-73. Same—Surety bond.

(a)

Before a right-of-way work permit as required in this division is issued, the applicant shall deposit with the city a surety bond in the amount of one thousand dollars ($1,000.00) payable to the city. This bond provision shall not apply to contractors doing work on public projects or to public utilities. The required surety bond must be:

(1)

With good and sufficient sureties;

(2)

By a surety company authorized to transact business in the state;

(3)

Satisfactory to the city attorney in form and substance;

(4)

Conditioned upon the permittee's compliance with this division and to secure and hold the city and its officers harmless against any and all claims, judgments or other costs arising from the work covered by the permit or for which the city, the city council or any city officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee, either in not properly guarding the work or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition and to the satisfaction of the city all openings and excavations made in the right-of-way and to maintain any right-of-way where excavation is made in as good condition for the period of twelve (12) months after the work shall have been done, usual wear and tear excepted, as it was in before the work began. Any settlement of the surface within the one-year period shall be deemed conclusive evidence of defective backfilling by the permittee.

(b)

Nothing in this section shall be construed to require the permittee to maintain any repairs to pavement made by the city if such repairs should prove defective. Recovery on such bond for any injury or accident shall not exhaust the bond but it shall in its entirety cover any or all future accidents or injuries during the excavation work for which it is given. In the event of any suit or claim against the city because of the negligence or default of the permittee, upon the city's giving written notice to the permittee of such suit or claim, any final judgment against the city requiring it to pay for such damage shall be conclusive upon the permittee and his surety. An annual bond may be given under this section which shall remain in force for one (1) year, conditioned as above, in the amount specified in subsection (a) of this section and in other respects as specified in this section, but applicable as to all work in right-of-way by the principal in such bond during the term of one (1) year from such date. The bond may not be cancelled without written notice to the city at least thirty (30) days in advance of cancellation.

(Code 1966, § 21-44)