§ 26-19. Construction bond.

(a)

Prior to any construction, upgrade, rebuild, or other work in the public rights-of-way, the county may require a franchisee to establish in the county's favor a construction bond in an amount specified in the franchise agreement, permit, or other authorization as necessary to ensure the franchisee's faithful performance of restoration of the rights-of-way. The amount of the construction bond shall be based on the nature of the construction to be performed.

(b)

In the event a franchisee subject to such a construction bond fails to complete the construction in a safe, timely, and competent manner in accord with the provisions of the franchise agreement, permit, or other requirement of the county, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the county as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the franchisee, or the cost of completing or repairing the construction, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The county may also recover against the bond any amount recoverable against the security fund pursuant to this chapter where such amount exceeds that available under the security fund.

(c)

The franchise agreement, permit, or other authorization from the county may specify that upon completion of the system construction, upgrade, rebuild, or other work in the streets and payment of all construction obligations of the cable system to the satisfaction of the county, the county will eliminate the bond. In the absence of any provision in a franchise agreement, permit or other authorization, the franchisee shall maintain the construction bond until said construction work is completed and for a period of 12 months thereafter. The franchisee shall notify the county in writing when it believes the construction has been completed and the bond may be eliminated. However, the county may subsequently require an increase in the bond amount for any subsequent significant construction, upgrade, or other work.

(d)

The construction bond shall be issued by a surety having a minimum rating of A-1 in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the county attorney; and shall provide that:

"This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the county, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew."

(e)

The rights reserved by the county with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the county may have under this chapter, the franchise agreement, or at law or equity.

(Ord. No. 02-18, § 2, 7-30-02)