§ 12-14. Construction bond.

(A)

A franchise agreement may provide that, prior to any cable system construction, upgrade, rebuild or other significant work in the public rights-of-way, a franchisee shall establish in the County's favor a construction bond in an amount specified in the franchise agreement or other authorization as necessary to ensure the franchisee's faithful performance of construction of the cable system, upgrade, rebuild or other work in the public rights-of-way.

(B)

In the event a franchisee subject to such a construction bond fails to complete the cable system construction, upgrade, rebuild or other work in the public rights-of-way in a safe, timely and competent manner in accordance with the provisions of the franchise agreement, then there shall be recoverable from the principal or 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, 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 Section 12-13 where such amount exceeds that available under the security fund.

(C)

The franchise agreement may specify that sixty (60) days after completion of the cable system construction, upgrade, rebuild or other work in the public rights-of-way and payment of all construction obligations of the cable system, the County may eliminate the bond or reduce its amount. However, the County may subsequently require the reestablishment of or an increase in the bond amount for any subsequent construction, upgrade, rebuild or other work in the public rights-of-way.

(D)

The construction bond shall be subject to the approval of the County Purchasing Department and 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, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the County.

(Ord. No. 98-20, § 1, 9-15-98)