(A) Surety bonds. Every cable communications company shall, within 30 days of the grant of a franchise to it pursuant to this chapter, file with the Williamstown Township Clerk and, at all times thereafter, maintain in full force and effect for the term of the franchise, at its expense, a corporate surety bond, or such other surety arrangement as the Board may approve, in the amount of $25,000, conditioned upon the faithful performance by the cable communications company of its obligations under its franchise as herein set forth, and upon the further condition that if such cable communications company shall fail to comply with any one or more provisions of this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the township as a result thereof, including the full amount of any compensation, indemnification or cost of removal of any property of the cable communications company as provided in this chapter plus attorney's fees and costs, up to the full amount of the bond, the condition to be a continuing obligation for the duration of any franchise granted under this chapter and any renewal thereof and thereafter until the cable communications company has liquidated all of its obligations with the Township of Williamstown which may have arisen under the franchise or from the exercise of any privilege or right granted thereby. Any bond provided under this section shall provide that, at least 30 days prior notice of any intention not to renew, to cancel or to make a material change therein, shall be filed with the Williamstown Township Clerk. Nothing herein shall be construed to excuse faithful performance by any cable communications company or, in any way, to limit its liability for damages or otherwise. The bond required hereunder may be reduced in face amount to $10,000 at such time as franchisee is actively providing cable communications service to 300 or more subscribers within the Township of Williamstown. The reduction shall be deemed a "material change" in the bond.
(B) Indemnity agreement; insurance. Any cable communications company within 30 days of the grant of franchise pursuant to this chapter shall file with the Williamstown Township Clerk, in addition to the bond as hereinbefore set forth:
(1) An indemnity agreement to indemnify, defend and save the township harmless from and against any or all claims, suits, actions or liability for damage which may arise in any way from the grant of a franchise to the cable communications company, or its operations thereunder in the Township of Williamstown, including all expenses incurred by Township of Williamstown in defending itself against any claim, action or suit;
(2) Proof of a general comprehensive liability insurance policy and an automobile liability insurance policy issued by companies licensed to do business in Michigan, protecting the township, its officers, boards, commissions, agents and employees against liability for loss or damage for personal injury, death and property damage, occasioned by the installation, construction, maintenance or operation of a cable communications system in the Township of Williamstown with minimum liability limits of $500,000 for personal injury or death of any one person and $1,000,000 for personal injury or death of two or more persons in any one occurrence, and $500,000 for damages to property resulting from any one occurrence and the policy shall contain a provision that a written notice of cancellation, or material change or reduction in coverage, shall be given the Williamstown Township Clerk at least 30 days in advance of the effective date thereof; and
(3) Proof of adequate insurance as required by the Michigan Workers' Compensation Law applicable to it.
(C) Taking-effect of franchise. No franchise hereunder shall be effective until the provisions of divisions (A) and (B) above have been fully complied with and failure to file with the Williamstown Township Clerk, within 30 days after grant of a franchise, the bond, indemnity agreement, proof of general comprehensive liability insurance policy, proof of automobile liability insurance policy and proof of adequate workers' compensation insurance, or any of them as required by divisions (A) and (B) above shall render the franchise null and void without notice or further proceedings.
(Ord. 23, eff. 3-20-1981; Ord. passed 2-7-1984; Ord. rev. 9- -1993)
