A. Bond Required; Amounts: All city officials required to give bond shall make, execute and deliver such bond before entering upon the discharge of official duty. Any person appointed to fill a vacancy, before entering upon the duties of the office, shall give bond corresponding in substance and form with the bond required of the officer originally elected or appointed.
B. Specific Bond Amounts: Except when otherwise provided by law or ordinance, the following officers of the city shall execute the following official bonds to the city: (Ord. 2.04)
City clerk-treasurer $10,000.00
Utility billing clerk 1,000.00
Chief of police 2,000.00
City judge 1,000.00
Reserve police officers 1,000.00
C. Approval And Filing Of Bond; Surety Restriction: Unless otherwise expressly provided by statute or ordinance, every official bond shall be approved by the council and filed with the city clerk-treasurer within the time prescribed for filing oath. The city clerk-treasurer shall record all bonds filed with him. No officer shall become a surety on the official bond of another officer. (Ord. 2.04; amd. 2006 Code)
D. Form; Signatures Required: Unless otherwise provided by statute or ordinance, all official bonds shall be in form joint and several and made payable to the state of Montana, city of Cut Bank in such penalty and with such conditions as required by law or ordinance. All official bonds shall be signed and executed by the principal and two (2) or more sufficient sureties or by the principal and one or more surety companies organized as such under the laws of this state or licenses to do business herein.
E. Scope Of Bond:
1. Every official bond executed by an officer pursuant to the provisions of this section is in force and obligatory on the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy or clerk.
2. Every bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of the officer by any law or ordinance enacted subsequent to the execution of such bond and such condition shall be expressed therein.
3. Every official bond executed by an officer pursuant to this section is in force and obligatory upon the principal and sureties therein to and for the state of Montana, city of Cut Bank and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond in his own name without an assignment thereof. No such bond is void on the first recovery of a judgment thereon, but suit may afterwards be brought from time to time and judgment recovered thereon by the city or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted.
4. The principal and sureties upon an official bond are also in all cases liable for the neglect, default or misconduct in office of any deputy, clerk or employee appointed or employed by such principal.
F. Conditions Of Bond: The condition of every official bond shall be that the principal shall well, truly and faithfully perform all official duties then required by him by law or ordinance, and also such additional duties as may be imposed on him by any law of the state subsequently enacted, and by any ordinance of the city subsequently enacted, and that he will account for and pay over and deliver to the person or officer entitled to receive the same all monies or other properties that may come into his hands as such officer.
G. Insufficient Sureties; Additional Bond:
1. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the city council, that the sureties on any bond given pursuant to the provisions of this section, or any of them, have, since the bond was approved, died or removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the council may issue a citation to the officer requiring him, on a day therein named, not less than five (5) days nor more than ten (10) days after date, to appear and show cause why such office should not be vacated, which citation shall be served and return thereof made before the time set to show cause. If the officer fails to appear or show good cause why such office should not be vacated on the day named, or fails to give ample additional security, the council shall make an order vacating the office, and the same shall be filled as provided by law. (Ord. 2.04)
2. The additional bond shall be in such penalty as directed by the council and in all other respects similar to the original bond. Every such additional bond so filed and approved is of like force and obligation upon the principal and sureties thereon from the time of its execution and subjects the officer and his sureties to the same liabilities, suits and actions as are prescribed respecting the original bonds of officers. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given. The officer and his sureties are liable to the city and to the party injured by a breach of any condition of an official bond, after the execution of the additional bond, upon either or both the bonds. (Ord. 2.04; amd. 2006 Code)
H. Failure To Provide Bond: If any person elected or appointed to office in the city required by this section to give bond shall fail or neglect to give the city an official bond in the sum and within the time as required by the provisions of this section, such office may thereupon by the city council by a vote of two-thirds (2/3) of all members elect, be declared vacant.
I. Reference To Provisions: All the provisions and conditions of this section shall form a part of all official bonds without being repeated therein, and a reference to this section by number or otherwise in an official bond shall be deemed and considered as adopting and incorporating all the provisions and conditions of this section into such bond as fully and completely to all intents and purposes as if the provisions and conditions of this section were fully and completely repeated and set forth therein. (Ord. 2.04)