No person shall remove, displace or injure any pavement, curbing,
sidewalks or crosswalks on any street in the city for the purpose
of making a connection with or repairing any gas pipe, water pipe
or sewer or for any other purpose without a permit issued by the City
Engineer.
An applicant for the permit required by this article shall,
if request is made during the year for several permits in various
locations throughout the city, file with the City Clerk before application
is made for a permit and at all times thereafter maintain in full
force and effect for the period in which permits will be requested,
at its expense, a corporate surety bond, in a company approved by
and in a form satisfactory to the City Attorney, in the amount of
$10,000 renewable annually, and conditioned upon the faithful performance
of the applicant. In the event the applicant shall fail to comply
with any one or more of the provisions of the permit or this article,
then there shall be recoverable jointly and severally from the principal
and surety of such bond any damages or loss suffered by the city as
a result thereof, including the full amount of any compensation, indemnification
or cost of renewal or abandonment of property as prescribed herein
which may be in default and costs up to the full amount of the bond;
said condition to be a continuing obligation for the duration of the
permit and thereafter until the applicant has liquidated all of its
obligations with the city that may have arisen from the acceptance
of the permit by the applicant or from its exercise of any privilege
herein granted. The bond shall provide that 30 days' prior written
notice of intention not to renew, cancellation or material change
be given to the City Clerk.
Neither the provisions of this article, any bond accepted by
the city pursuant hereto, nor any damages recovered by the City hereunder
shall be construed to excuse faithful performance by a permit applicant
or limit the liability of the applicant under the permit or for damages
either to the full amount of the bond or otherwise.
Any violation of any of the provisions of this article or of
the rules and regulations contained in any permit granted in accordance
with the terms thereof shall be a misdemeanor.