No permit for making a cut or opening in any street, avenue, alley or public place in Sioux City shall be issued before the applicant therefor has filed in the office of the city clerk a surety bond or a personal bond with not less than two acceptable sureties in the penal sum of five thousand dollars and conditioned as follows:

    The applicant, whether individuals, partnerships, and any other associations, will in all respects in doing such work comply strictly with the rules and regulations relative thereto now in force, or that may hereafter be adopted by the city council, or the city manager, and that the applicant will pay to said city any and all damages it may sustain by reason of any violation of such rules or regulations or of the provisions of this chapter, and will indemnify and hold harmless the city and the public, against any and all claims, damages, judgments, costs or expenses from or against the city by reason of any negligence or want of due care in performing or protecting said work.  The bond shall also contain a provision requiring the principal and sureties thereon to repay to the city all costs for repairing the streets, avenues or alleys or existing structure, and replacing pavement thereof, necessitated by such excavation.

    In case of backfill failures which are brought to the attention of the city, the permit holder upon notification by the city shall correct the same by refilling within forty-eight hours from the time of said notification, and upon failure to so correct the backfill deficiency within said forty-eight hour period, the city may make the needed repair and charge the cost back to the permittee.