902.21 CONSTRUCTION AND REMOVAL BONDS.

   (a)   Construction Bond. Prior to the commencement of any Construction, a Construction Permittee, excluding the County or City shall deposit with the Director of Public Service, in a form acceptable to the Director of Law, an irrevocable, unconditional letter of credit and/or surety bond in an amount determined by the Director of Public Service to be appropriate, based upon fair and reasonable criteria. Unless a Construction default, problem, or deficiency involves an Emergency or endangers the safety of the general public, the Director of Public Service shall serve the Construction Permittee with notice detailing any Construction default, problem, or deficiency. If the Director of Public Service determines that correction or repair of the Construction default, problem or deficiency has not occurred or has not been substantially initiated within ten (10) calendar days after the date following service of notification and detailing the construction default, problem or deficiency, then the City may attach the letter of credit or surety bond. Upon attachment, written notice shall be served on the Construction Permittee by the Director of Public Service.

   (b)   Removal Bond. Upon issuance of a Certificate of Registration, and continuously thereafter until One Hundred Twenty (120) days after a Provider's Facilities have been removed from the Rights of Way, (unless the Director of Public Service notifies the Provider that a reasonably longer period shall apply), a Provider shall deposit with the Director of Public Service and maintain, in a form acceptable to the Director of Law, an irrevocable, unconditional letter of credit or a surety bond in an amount equal to or greater than Fifty Thousand Dollars (US $50,000). The Director of Public Service shall make all reasonable efforts to allow Provider a period of five (5) business days after serving notification to correct or repair any default, problem or deficiency prior to Director of Public Service's attachment of letter of credit or surety bond regarding the removal of Facilities. Upon attachment, written notice shall be provided to the Provider by the Director of Public Service.

   (c)   Blanket Bond. In lieu of the Construction Bond required by Section 902.21(a) and the Removal Bond required by Section 902.21(b), Provider may deposit with the Director of Public Service, in a form acceptable to the Director of Law, an irrevocable, unconditional letter of credit and/or surety bond in the amount of Five Million Dollars (US $5,000,000). Unless a Construction default, problem or deficiency involves an Emergency or endangers the safety of the general public, the Director of Public Service shall make all reasonable efforts to allow Permittee a period of five (5) business days after sending notification in writing to the last known business address to correct or repair any Construction default, problem or deficiency prior to Director of Public Service's attachment of letter of credit or surety bond. Upon attachment, written notice shall be provided to the Provider by the Director of Public Service.

   (d)   Self Bonding. In lieu of the Construction Bond required by Section 902.21(a), the Removal Bond required by Section 902.21(b) and the Blanket Bond required by Section 902.21(c), those Providers maintaining a book value in excess of twenty million dollars (US $20,000,000) may submit a statement to the Director of Public Service requesting to self-bond. If approval to self-bond is granted, a Provider shall assure the City that such self-bonding shall provide the City with no less protection and security than would have been afforded to the City by a third party surety providing Provider with the types and amounts bonds detailed in the above named Sections. This statement shall include:

      (1)   Audited financial statements for the previous year; and,

      (2)   A description of the Applicant's self-bonding program; and,

      (3)    Other applicable and pertinent information as reasonably requested by the Director of Public Service.

   (e)   Purposes. The bonds required by this Section, and any self bonding to the extent it has been permitted, shall serve as security for:

      (1)   The faithful performance by the Permittee or Provider of all terms, conditions and obligations of this Chapter;

      (2)   Any expenditure, damage, or loss incurred by the City occasioned by the Permittee or Provider's violation of this Chapter or its failure to comply with all rules, regulations, orders, Permits and other directives of the City issued pursuant to this Chapter;

      (3)   The payment of all compensation due to the City, including Permit Fees;

      (4)   The payment of premiums for the liability insurance required pursuant to this Chapter;

      (5)   The removal of Facilities from the Rights of Way pursuant to this Chapter;

      (6)   The payment to the City of any amounts for which the Permittee or Provider is liable that are not paid by insurance or other surety; and

      (7)   The payment of any other amounts, which become due to the City pursuant to this Chapter or other Law.

   (f)   Form. The bond documents required by this Section, and any replacement bond documents shall, contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled or not renewed by the surety nor the intention to cancel or not to renew be stated by the surety until ninety (90) days after completion of Construction of the Facilities or removal of the Facilities (or both, as the case may be) and, notwithstanding the foregoing, shall in no case be canceled or not renewed by the surety until at least ninety (90) days' written notice to City of surety's intention to cancel or not renew this bond."

(Ord. 39-01. Passed 9-18-01.)