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Lawrence County conditions Old Bell Road fiber permit on prior repairs and $80,000 bond
Summary
Commissioners approved a utility permit for a fiber-optic project on Old Bell Road only after requiring the contractor to finish prior site repairs to the county’s satisfaction and post a performance bond equal to 50% of the project or $80,000, whichever is less; the permit will be issued at the highway superintendent’s discretion.
Lawrence County commissioners on Tuesday agreed to approve a utility permit for a fiber-optic installation on Old Bell Road only after the contractor completes earlier work to the county’s satisfaction and posts a performance bond.
The permit approval was conditioned on the county highway superintendent confirming that all prior remedial work tied to earlier permits had been satisfactorily completed and on a performance bond set at 50% of the contractor’s estimated construction cost (capped at $80,000). The board unanimously carried the motion after several amendments and exchanges over bond amounts and enforcement language.
The issue grew out of repeated complaints from a county commissioner and private property owners about damage and incomplete restorations tied to prior work by the contractor identified in the meeting as performing Celerity-related fiber installations. Commissioners said earlier permits left trenches, damaged fences and surface grading that made some land “unusable” to property owners. The highway superintendent told the board the county ordinance allows withholding new permits until existing obligations are satisfied.
Board members debated how large a bond would be sufficient to ensure compliance. Commissioners discussed a $5,000 minimum bond in the county’s prior practice, a $30,000 figure proposed during amendment debate, and finally settled on a requirement of 50% of the project estimate or $80,000. The construction estimate discussed in the meeting for the Old Bell Road segment was about $160,000.
Under the motion, the highway superintendent would have discretion to issue the permit if he determines the prior work has been corrected; issuance would be conditioned on posting the required bond and any other conditions the superintendent deems necessary. The board also discussed adding a bond requirement to future permits in similar segments of right-of-way to elevate company attention to corrective work.
County staff referenced Ordinance 0701 during the discussion; that ordinance was cited as permitting the county to require prior work be completed before issuing additional permits and to require financial assurances for work in the right-of-way.
The board’s action applies only to the Old Bell Road permit before it; commissioners did not change or rescind existing active permits that were already under construction.
The county will monitor compliance and may use the bond to complete repairs if the contractor fails to do so, the highway superintendent said.
