Sec. 226.03. - Bond.
(a) As a condition to securing such permit, the person applying therefor shall execute and deliver to the city a surety company bond in the penal sum of five thousand dollars ($5,000.00), to be approved as to form by the city attorney, conditioned for the observance and faithful performance of all the terms and requirements of this chapter, and to protect and save harmless said city and all other persons by reason of the maintenance and operation of any such quarry and machinery. Such bond shall stand first for the protection and security of the city, second, after all claims of the city are satisfied, for the benefit of any and all persons damaged or injured by reason of the maintenance or operation of any such quarry or machinery, and any person so injured may maintain an action on such bond, but shall at the same time give notice to said city of the commencement of such action, and the nature and amount of his demand.
(b) If the person so owning or operating any such quarry shall, for the period of six (6) months after being notified by the director of the department of public works so to do, fail or neglect to properly fill all excavations as hereinbefore required, the city shall have the right to do so and to collect the cost and expense thereof from the principal and surety executing said bond.
(Code 1956, § 462.03)
