5.20.290 Construction and availability of service.
   A.   Within ninety days after acceptance of this franchise, the grantee shall file all necessary applications to receive permits and authorizations which are required in the conduct of its business including, but not limited to, any utility joint-use attachment agreements, microwave carrier licenses, and any other permits, licenses, and authorizations to be granted by duly constituted regulatory agencies having jurisdiction over the operation of the cable television system, or associated microwave transmission facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal, state, or regulatory commission or agency having jurisdiction with respect to any matters affecting grantee's cable television and operations, shall also be submitted simultaneously to the city clerk.
   B.   Within ninety days after the release of at least ten percent of all poles within the franchise area by the jurisdictional utilities, grantee shall commence physical construction and installation of the cable television system.
   C.   Within two years after the commencement of construction pursuant to subsection B of this section, unless the city council in its discretion designates a shorter time in the franchise, grantee shall complete construction and installation of the entire cable television system and proceed to render service to all residents of the city who desire cable television service.
   D.   The grantor may in its sole discretion levy a penalty not to exceed two hundred and fifty dollars per day for each day the grantee exceeds the construction and installation time table pursuant to subsections B and C of this section; provided, however, that no such penalty shall be levied where such delays are a result of war, flood, fire, drought, labor strike, inability to obtain material or other cause not within grantee's reasonable control.
(Ord. 505 § 1(part), 1987).