Surety Bond Encyclopedia

Right of Way Bond - City of Fort Wright, KY in Kentucky

Brief Summary

Fort Wright does not print a set bond amount for right of way work. The Building Inspector fixes the figure to cover the cost of restoring the opening you plan to make, and the City Treasurer approves the surety. A surety bond lets you meet that requirement without handing the city a cash deposit for the same amount, and the city releases the guaranty once it accepts your restoration work.

Anyone, including a utility company, who cuts, excavates or bores into a Fort Wright street, sidewalk or other city right of way needs a city permit first under Code section 91.45. Before the permit issues, section 91.48 requires either a cash deposit with the City Treasurer or a bond with a corporate surety in an amount fixed by the Building Inspector, covering the cost to backfill, reconstruct and restore the opening.

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How to Apply for a Right of Way Bond:

Contact the City of Fort Wright and get the bond amount the Building Inspector sets for your opening.
Decide between a cash deposit with the City Treasurer and a corporate surety bond.
Apply for the bond with the permit holder's legal name exactly as it will appear on the city permit.
Deliver the executed bond to the city for approval by the City Treasurer before the permit issues.
File proof of liability insurance under section 91.50, or the indemnity agreement allowed by section 91.51 if you qualify.
Complete permanent restoration and request final inspection so the guaranty can be released.

Detailed Information About the Kentucky Right of Way Bond:

The amount is set job by job

The most common mistake is expecting a standard figure. Section 91.48 of the Fort Wright Code of Ordinances says the bond is to be in an amount fixed by the Building Inspector to cover the cost of replacing, backfilling or reconstructing the openings made in streets, sidewalks, grassplots, alleys or other public ways. Get that number from the city before you order the bond.

Cash or bond

The default under section 91.48 is a cash deposit delivered to the City Treasurer. The applicant may instead deliver a bond with a corporate surety approved by the City Treasurer and filed with the City Council. Under the bond, the permit holder and the surety agree that after the Building Inspector is told the work is complete, they will pay the city on demand whatever the Building Inspector determines is needed to restore the public way to its former condition.

Who needs the permit

Section 91.45 applies to any person or utility company that wants to open or disrupt the surface of a public street, sidewalk or any area within right of way owned or maintained by the city. The permit holder is responsible for securing and marking the work area and for defending claims for injury or property damage. The Public Works Director inspects and approves all reconstruction and restoration.

Extra rules for utilities

Under section 91.46, a utility company or its contractor that cuts into a street or curb replaced or repaired under the Street Replacement and Repair Program within the prior 15 years must reconstruct the street segment, and the reconstruction must be completed within 365 days. Written waiver requests go through the city.

Restoration timing and release

Permanent restoration must be completed within 30 days of permit issuance or promptly when the work is done, whichever is later, during April 1 through November 30. If the city accepts the work after final inspection, the performance guaranty is promptly released and returned to the permit holder.

Insurance

Section 91.50 also requires a liability policy filed with the City Council. Section 91.51 lets a person doing their own excavation who owns Fort Wright property assessed above $100,000 sign an indemnity agreement in place of that insurance. That option replaces the insurance only, not the deposit or bond.

Eligibility and Requirements for a Kentucky Right of Way Bond:

Obligee: City of Fort Wright, Kentucky.
Bond amount fixed by the Building Inspector to cover the cost of restoring the opening.
Corporate surety approved by the City Treasurer and filed with the City Council.
Applies to any person or utility company cutting, excavating or boring in city right of way.
Restoration inspected and approved by the Public Works Director.

Kentucky Right of Way Bond FAQs:

How much is the Fort Wright right of way bond?

There is no single amount in the code. Section 91.48 has the Building Inspector fix the amount to cover the cost of replacing, backfilling or reconstructing the specific opening. Ask the city for the figure on your job before the bond is written.

Can I post cash instead of a bond?

Yes. Section 91.48 makes a cash deposit with the City Treasurer the starting point and lets the applicant deliver a corporate surety bond instead. The bond keeps your cash free for the job.

Do utility companies have to get the permit?

Yes. Section 91.45 names any person or utility company that opens or disrupts the surface of a city street, sidewalk or right of way. Utilities cutting into a street repaired under the Street Replacement and Repair Program within the prior 15 years also face the segment reconstruction rule in section 91.46.

When does the city release the bond?

After permanent restoration, the Public Works Director or a designee inspects the work. Under section 91.46, if the city accepts the restoration or reconstruction, the performance guaranty is promptly released and returned to the permit holder.

What does the bond actually promise the city?

That once the work is reported complete, the permit holder and the surety will pay the city on demand the amount the Building Inspector determines is needed to restore the street, sidewalk, grassplot or other public way to its former condition.