Right of Way ($10,000) Bond - City of Tarrant, AL in Alabama

Brief Summary

Tarrant will not issue a street or sidewalk cut permit until a $10,000 surety bond is on file with the city clerk. Once one bond is on file and kept in force, it covers your later permits too, so most contractors and utilities post it once and keep it renewed instead of buying a new bond for every job.

Under Section 16-18 of the Tarrant Code of Ordinances, anyone applying for a permit to open, cut or excavate a city street, alley, sidewalk, curb or gutter must deposit a $10,000 surety bond with the city clerk for cuts of 75 square feet or less. Larger cuts require a bond in an amount approved by the city designee. The bond must be written by a surety authorized to do business in Alabama.

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How to Apply for a Right of Way ($10,000) Bond:

• Measure the planned cut. At 75 square feet or less the bond is $10,000. Above that, get the required amount from the city designee first.
• Check whether you already have a valid Tarrant excavation bond on file with the city clerk. If you do, no new bond is needed.
• Apply for the bond and pay the premium.
• Deposit the executed bond with the Tarrant city clerk with your permit application.
• Pay the $100 permit fee and any excavation fee or new pavement charge that applies.
• Show proof that the contractor doing the work, including a licensed paving contractor for restoration, is licensed.

Detailed Information About the Alabama Right of Way ($10,000) Bond:

The amount depends on the size of the cut

The $10,000 figure applies to cuts of 75 square feet or less. If your cut is larger than 75 square feet, Section 16-18 leaves the bond amount to the city designee, which is the city engineer or another person the mayor appoints. Ask for that figure before you order the bond so the amount on the form matches what the city will accept.

Who posts it

Section 16-15 makes it unlawful for anyone other than the city's own staff to cut or excavate a city street, alley, sidewalk, other public way, curb or gutter without a permit. Section 16-19 says the permit rules apply to everyone alike, whether or not they hold a franchise or other legal authority to work in the streets. Utilities and franchise holders post the bond the same as private contractors. Even in an emergency break, the owner must get a permit by the next business day before making permanent repairs.

The article only covers streets and public ways under the city's control. Where Jefferson County controls a road inside city limits, the county's rules apply instead.

What the bond guarantees

The bond promises the city that you will follow city ordinances, do the work in a workmanlike manner, safeguard open excavations, and restore the pavement to Alabama Department of Transportation standards. It also protects the public. Anyone injured in person or property by your work, or by a breach of the bond's conditions, can bring a claim on it. The surety must give the city clerk 60 days written notice before cancelling.

When the bond is forfeited

Section 16-27 spells this out. If you fail to install or maintain a temporary repair right after the work, or fail to make the permanent repair within 14 days of finishing, the bond is forfeited and you will not get further excavation permits in Tarrant. You are also responsible for maintaining the permanent repair for one year.

Fees that come with the permit

The permit itself costs $100, or $200 if work started before the permit was issued. Cuts over 75 square feet carry an added excavation fee under Section 16-15. Cutting a street paved or repaved within the last five years adds a special charge on a sliding scale, from $1,000 in the first year down to $200 in the fifth. A licensed paving contractor must do all pavement restoration, and proof of licensure is required at application.

What it costs

The premium is a fraction of the $10,000 bond amount and is set by the surety after reviewing the applicant's credit and business history. You pay the premium, not the full bond amount.

Eligibility and Requirements for a Alabama Right of Way ($10,000) Bond:

• Surety company authorized to do business in Alabama.
• City of Tarrant as obligee, filed with the city clerk.
• Bond kept continuously in force while you hold permits.
• Surety cancellation only on 60 days written notice to the city clerk.
• Pavement restoration to ALDOT Utility Manual and Standard Specifications, MUTCD and OSHA excavation standards.

Alabama Right of Way ($10,000) Bond FAQs:

Official and Additional Resources for the Alabama Right of Way ($10,000) Bond: