(A) Each license granted by the town shall state that a licensee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this chapter and the license will result in damage to the town, and that it is and will be impracticable to determine the actual amount of such damage caused by delay or nonperformance; the license shall include provisions for liquidated damages to be paid by the licensee, in amounts to be negotiated and set forth in the license and chargeable to the letter of credit for the following defaults:
(1) Failure to complete system construction or reconstruction in accordance with the schedule in the license unless the Council specifically approves the delay by motion or resolution;
(2) Failure to provide a cable connection within the time(s) set forth in § 114.27 Line Extension;
(3) Failure to properly restore the public right-of-way or to correct related violations of specifications, code, or standards after having been notified by the town to correct such defects;
(4) Failure to test, analyze and report on the performance of the cable system following a written request pursuant to § 114.29 Construction and Technical Standards, division (A)(2);
(5) Failure to provide in a continuing manner the type of services proposed in the accepted application for license or in the final license unless the Council specifically approves modification of a licensee's obligation;
(6) Failure to cure any violation of § 114.40 Subscriber Service Standards, following notice and an opportunity to cure pursuant to the provisions of that section; and
(7) Any other action or non-action by the licensee, as agreed upon between the town and licensee, and set forth in the license.
(B) If the manager concludes that a licensee is in fact liable for liquidated damages pursuant to the license, he shall issue to licensee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the nature of the violation and the amount of the proposed assessment or the licensee shall, within 30 days of receipt of such notice:
(1) Respond to the town in writing, contesting the town's assertion of violation and providing such information or documentation as may be necessary to support licensee's position; or
(2) Cure any such violation (and provide written evidence of the same), or, if, in the town's sole discretion, such violation cannot be cured within such 30-day period, take reasonable steps to cure said violation as soon as practicable and diligently continue such efforts until said violation is cured. Licensee shall report to the town, in writing, at 30-day intervals as to licensee's efforts, indicating the steps taken by licensee to cure said violation and reporting licensee's progress until such violation is cured.
(C) If licensee contests the town's assertion of violation or fails to respond to the town's notice of intent to assess liquidated damages, within 15 days the town shall schedule a hearing in accordance with the procedures set forth in § 114.52 Administrative Hearing.
(Ord. 16-825, passed 9-13-2016)