(A) (1) The grantee acknowledges that non-compliance with the provisions of the franchise agreement and this chapter will harm subscribers and the city and the amounts of actual damages will be difficult or impossible to ascertain.
(2) The city may therefore assess the following liquidated damages against the grantee for unexcused non-compliance with the requirements of the franchise agreement and this chapter.
(3) The grantee acknowledges that the liquidated damages set forth below are a reasonable approximation of actual damages and that this provision is intended to provide compensation and is not a penalty.
(4) All damages provided shall be cumulative, unless expressly stated.
(a) For failure to materially complete construction or extend service in accordance with the chapter and the franchise agreement: $250 per calendar day for each day the violation continues;
(b) For failure to materially comply with requirements for public access channels: $250 per calendar day for each day the violation continues;
(c) For failure to comply with the material requirements of the I-Net provisions of the chapter/franchise agreement: $250 per calendar day for each day the violation continues;
(d) For repeated, willful or continuing failure to submit reports, maintain records, provide documents or information: $250 per calendar day for each day the violation continues;
(e) For failure to comply with the material requirements of the customer service standards: $250 per calendar day for each day the violation continues;
(f) For failure to comply with the transfer provisions: $250 per calendar day for each day the violation continues;
(g) For violation of other material provisions of the chapter and the franchise agreement: up to $250 per calendar day for each day the violation continues.
(B) (1) Any person operating without a franchise shall be subject to a fine of $500 per day.
(2) The payment of the fine notwithstanding, all violators shall be subject to all other applicable provisions of this chapter, including but not limited to the payment of a franchise fee.
(Ord. passed 8-27-02)