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(A) By acceptance of a franchise, a grantee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this chapter and the franchise agreement will result in damage to the city, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance. The chapter shall include provisions for liquidated damages to be paid by the grantee to the city government, chargeable to the grantee's performance/corporate surety bond, in the amounts set forth as follows:
(1) Failure to complete system construction or reconstruction in accordance with § 118.077 unless the Council specifically approves the delay by motion or resolution, due to the occurrence of conditions beyond the grantee's control, a grantee shall pay $500 per day for each day, or part thereof, the deficiency continues.
(2) Failure to provide upon written request, data, documents, reports, information pursuant to § 118.155 or to cooperate with the city government, a grantee shall pay $50 per day, or part thereof, each violation occurs or continues.
(3) For failure to provide in a continuing manner the types of services proposed in the accepted application or specified in a franchise agreement, unless the Common Council specifically approves the grantee a delay or change, a grantee shall pay $500 per day for each day, or part thereof, that each noncompliance continues.
(4) Nothing in this section shall preclude further liquidated damages as agreed upon by parties in the franchise agreement.
(5) If the city government concludes that a grantee is liable for liquidated damages pursuant to this section it shall issue to the grantee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the basis for the assessment, and shall inform the grantee that liquidated damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the Common Council and the Common Council rules that the violation has been corrected, or that an extension of time or other relief should be granted.
(B) A grantee desiring a hearing before the Common Council shall send a written notice of appeal by certified mail to the City Clerk within 10 days of the date on which the city government sent the notice of intention to assess liquidated damages. The hearing on the grantee's appeal shall be within 30 days of the date on which the city government sent the notice of intention to assess liquidated damages. Unless the Common Council indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the city sent the notice of the intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the Common Council.
(1980 Code, § 118.159) (Ord. 1996-4, passed 4-9-1996)