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 Winter Garden
 Code of Ordinances
 Chapter 71. CABLE COMMUNICATIONS
 Article II. FRANCHISE

  § 71-38. Bond.  

Latest version.

  • (a)

    A grantee shall exercise none of the rights granted by this chapter until evidence of compliance with the following bonding and preceding insurance requirements has been filed with the city. Should a grantee fail to comply with said requirements, its franchise shall be subject to revocation consistent with the procedures established in this chapter.

    (1)

    Bond. Every operator of a cable communication system shall be required to obtain a franchise performance bond to be in effect throughout the term of its franchise in the amount of $100,000.00, which amount shall increase by $25,000.00 on January 1, 2007, and by a like amount every five years thereafter. Such bond may be called on by the city in the event of a grantee's failure to pay to the city any money due under the requirements of its franchise. In addition, the city may require a bond in connection with an initial build, any substantial rebuild, upgrade or extension of its facility, or when construction plans show that there would be more than 1,000 feet of open trenching in the streets of the city at any given time. Such additional bond shall be in such amount as required by the city in light of the nature of the work to be performed and shall be consistent with that required of other cable franchisees performing similar work in the city not to exceed the greater of $500,000.00 or 125 percent of the estimated cost of restoration of any impacted rights-of-way and any improvements located therein; provided, however, that in the event that city has adopted an ordinance of general applicability to all users of city rights-of-way (other than those with respect to whom the city is preempted from regulating) which ordinance contains bonding requirements less than those contained herein, such other limits shall control so long as they remain in effect. All bonds shall be in form reasonably acceptable to the city attorney.

    (2)

    Notice. The performance bonds required pursuant to this section shall require 30 days notice prior written notice to the city and the grantee of an intention of non-renewal, alteration or cancellation. The grantee shall, in the event of any such intended cancellation notice, obtain, pay all premiums for, and file replacement bonds or policies within 30 days following receipt by the city or the grantee of any notice of intended cancellation.

(Ord. No. 02-03, Art. II(8), 2-28-02)