§ 38.5.23. Construction permits.

(a)

Permit Required. Each grantee is required to obtain construction permits for cable systems as required in Article II of this Chapter. However, nothing in this Article shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures establish substantially equivalent safeguards for responsible construction practices.

(b)

Permit Fee. Prior to issuance of a construction permit, the grantee shall pay a fee for review of construction plans and inspection of construction which is equal to the greater of two hundred fifty dollars ($250.00) or the sum of the following:

(A)

One percent of the first one hundred thousand dollars ($100,000.00) of estimated construction cost; and

(B)

One-half percent of the estimated construction cost in excess of one hundred thousand dollars ($100,000.00).

(c)

Construction and Completion Bond. Unless otherwise provided in a franchise agreement, a performance bond written by a corporate surety acceptable to the City, and equal to at least one hundred (100) percent of the estimated cost of constructing grantee's cable system within the public rights-of-way of the City, shall be deposited before construction is commenced.

(1)

The construction bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the City Engineer, including restoration of public rights-of-way and other property affected by the construction.

(2)

The construction bond shall guarantee, to the satisfaction of the City:

(A)

Timely completion of construction;

(B)

Construction in compliance with applicable plans, permits, technical codes and standards;

(C)

Proper location of the facilities as specified by the City;

(D)

Restoration of the public rights-of-way and other property affected by the construction;

(E)

The submittal of "as-built" drawings after completion of the work as required by this Chapter; and

(F)

Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.

(Ord. 6-2000 § 2 (part))