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Notice
*******NOTICE******
As per your Franchise Agreement and the Right-of-Way ordinance with the City of Newberg, under Section 1.1 and 96.76 (see below) you are required to provide us with a Performance Bond in the amount of $125,000 to guarantee that the Franchisee shall observe, fulfill, and perform each term and condition of the Franchise. Please provide the City with a copy for our files. Any application to perform work in the rightofway that will be submitted after January 1, 2011 will be held until the time a Bond is on file.
For Cable TV with Comcast per Franchise:
PERFORMANCE BOND
Upon the effective date of the Franchise, the Franchisee shall furnish a Performance Bond in the amount of $125,000.00 guaranteeing that the Franchisee shall observe, fulfill, and perform each term and condition of the Franchise. The guarantee shall be conditioned that in the event the Franchisee fails to comply with any one or more of the provisions of this Franchise, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the Grantor as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property as prescribed; said condition to be a continuing obligation for the duration of the Franchise and thereafter until the Franchisee has liquidated all of its obligations with the Grantor that may have arisen from the acceptance of the Franchise by the Franchisee or from its exercise of any privilege herein granted. Upon completion of the Cable System upgrade as described in Section 10, the performance bond may be reduced by the Franchisee to thirty thousand dollars ($30,000). The Grantor agrees to sign the necessary documents to release the portion of the bond no longer required under the franchise. Neither the provisions of this Section nor any guarantee accepted by the Grantor pursuant thereto, nor any damages recovered by the Grantor thereunder shall be construed to excuse faithful performance by the Franchisee or to limit liability of the Franchisee under the Franchise or for damages, either to the full amount of the bond or otherwise, except as otherwise provided herein.
For all other forms (e.g. telephone, Internet, electric, natural gas) of Utilities per Right‐of‐Way Ordinance No. 2008‐2703:
§ 96.76. Construction and Restoration.
(A) Construction Codes. Utility facilities shall be constructed, installed, operated and maintained in accordance
with all applicable federal, state and local codes, rules and regulations, including the National Electrical Code
and the National Electrical Safety Code.
(B) Construction Permits.
(1) Except as set forth in § 96.76(B)(2)-(3), no person shall construct, install, or perform any work on utility facilities within the rights of way without first obtaining all required permits. The City shall not issue a permit for the construction, installation, maintenance or repair of utility facilities unless the utility operator of the facilities has applied for and received the license required by this Subchapter, or has a current franchise with the City, and all applicable fees have been paid.
(2) In the event of an emergency, a utility operator may undertake work in the right of way without first obtaining a permit, provided that the utility operator notify the City immediately or as soon as reasonably possible, and obtain any required permits as soon as reasonably possible after cessation of the emergency. For purposes of this Section, “emergency” means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore service or prevent imminent harm to persons or property.
(3) The City Manager or designee is authorized to adopt policies setting forth additional exceptions to the permit requirement set forth in § 96.76(B)(1), and to develop and revise right of way permits, standard permit conditions and construction standards necessary to insure that all work performed in the public right of way is conducted in a manner that minimizes disturbance to the public, controls quality of the repairs and otherwise protects the public interest.
(C) Unless otherwise provided in a franchise agreement or agreed to in writing by the City, a performance bond or other form of surety acceptable to the City equal to at least 100% of the estimated cost of the work within the rights of way of the City shall be provided before construction is commenced.
(1) The performance bond or other form of surety acceptable to the City shall remain in force until sixty (60) days after substantial completion of the work, as determined in writing by the City, including restoration of rights of way and other property affected by the construction.
(2) The performance bond or other form of surety acceptable to the City shall guarantee, to the
satisfaction of the City:
(a) Timely completion of the work;
(b) That the work is performed 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 rights of way and other property affected by the work; and
(e) Timely payment and satisfaction of all claims, demands or liens for labor, material, or services provided in connection with the work.
(D) A utility operator shall preserve and protect from injury other utility operators' facilities in the rights of way, the public using the rights of way and any adjoining property, and take other necessary measures to protect life and property, including but not limited to buildings, walls, fences, trees or utilities that may be subject to damage from the permitted work. A utility operator shall be responsible for all damage to public or private property resulting from its failure to comply with the requirements of the permit authorizing the work to be completed by the utility operator or with applicable laws, ordinances and regulations.
We appreciate your cooperation and if you have any questions, please do not hesitate to contact us. Thank you.
