Any person, firm or corporation making application therefor and affidavit to the city recorder that such person, firm or corporation has been damaged by failure of the principal in any bond as required by Section 15.20.050 to comply with the requirements of this chapter, or the provisions of the bond given, shall be by the city recorder furnished with a certified copy of the bond of the person, firm or corporation named in such affidavit, and shall have the right to bring action in the name of city, for his or their use and benefit against such principal and surety to recover for any labor or materials furnished the principal named in such bond and unpaid, and for his or their damages arising out of the failure of the principal named to comply with the requirements of this chapter, and to prosecute the same to final judgment and execution – provided, that the surety’s total liability on such bond shall not exceed the sum of one thousand dollars and the right to commence an action against such surety shall not exist for a longer period than ninety days from the completion of any contract. (Ord. 993 §5, 1953)