(A) When any person, firm, company or corporation shall apply for a permit or license from the Council or from any officer of the city, authorizing the obstruction, for any purpose, of any street, alley or sidewalk, or for the purpose of digging or cutting into, or making any excavation in any street, alley or sidewalk, that person, firm, company or corporation shall, before any permit is issued, file with the Clerk-Treasurer a surety company bond, except as in other ordinances of the city containing special provisions for bonds in those cases.
(B) The bond shall be payable to the city and shall be conditioned that the person or company receiving the permit will use all reasonable care, caution and diligence in the execution of the work or obstruction proposed to prevent injury to person or property by reason of or resulting from the work or obstruction, that they will protect any work or obstruction during the continuance thereof with proper guards and signal lights, that the person or company so receiving any permit will defend at his or her own expense any suit that may be brought against the city, or to which the city may be a party, to recover any damages to person or property alleged to have resulted from the proposed obstruction, work, cut or excavation, and pay all damages, or any and costs therefor and will save the city harmless on account of any damages or judgment thereof. The bond shall be executed by some surety company authorized to do business in the state, shall be subject to the approval of the Clerk-Treasurer and shall inure to the benefit of any person that may sustain injury to person or property resulting from any proposed obstruction, work, cut or excavation. The amount of the bond shall be fixed by the Common Council's Committee on streets and sewers as they may from time to time determine and its order or orders made in pursuance thereof shall be considered part of this section as though originally written herein.
(C) It is declared unlawful for any officer of the city to issue any permit or license as in divisions (A) and (B) above designated until the bond therein provided for shall have been filed; and it is also declared unlawful for any person, firm, company or corporation to place any obstruction in any street, alley or sidewalk or to make any cut or excavation in any street, alley or sidewalk for any purpose until the bond shall have been filed with and approved by the Clerk-Treasurer.
(1982 Code, § 95.41) (Ord. 30-1931, passed 9-22-1931) Penalty, see § 153.99