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A. The county may impose liquidated damages as set forth in this section and the license agreement.
B. All license agreements executed subsequent to the adoption of this Ordinance shall contain a provision for liquidated damages, in amounts as mutually agreed upon between the county and the licensee, for the licensee's failure to comply with various requirements of this chapter and the license agreement in amounts not to exceed those specified below:
1. For failure to substantially complete system construction or line extensions as required, unless the county specifically approves a delay caused by the occurrence of conditions beyond the licensee's control, the licensee shall pay five hundred dollars ($500) per day for each day, or part thereof, the deficiency continues.
2. For material failure to provide data, documents, reports and information in a timely manner as required, the licensee shall pay one hundred dollars ($100) per day, or part thereof, that each violation occurs or continues.
3. For substantial failure to remedy any other violation of this ordinance or the license agreement within fifteen days of receipt of notice of each violation, the licensee shall pay three hundred dollars ($300) per day for each day, or part thereof, that the violation continues.
4. For failure to substantially comply with reasonable orders of the county, the licensee shall pay fifty dollars ($50) per day for each day, or part thereof, that noncompliance continues.
C. Liquidated damages will not be imposed if the county finds that the failure of the licensee resulted from conditions beyond the licensee's control. Liquidated damages may be reduced or eliminated by the county if it finds that the failure of the licensee resulted from excusable neglect. The licensee shall bear the burden of proof in establishing the existence of such conditions.
D. Prior to assessing any of the liquidated damages set forth in this section, the county shall give licensee thirty days written notice of its intention to assess such damages. In said notice(s), the county shall set forth, at a minimum, the following:
1. The amount to be assessed;
2. The factual basis for such assessment; and
3. The specific provision of this chapter or the license alleged to have been violated.
Following receipt of the notice set forth in this section, licensee shall have a thirty-day period during which time licensee and the county shall make reasonable efforts to resolve the dispute in question.
E. The imposition and collection of liquidated damages shall not prevent the county from pursuing other remedies for violations of this ordinance or the license agreement.
(Ord. 1997-17 § 3, 1997)
It is the intent of this chapter that all licenses in force at the time of enactment of the ordinance codified in this chapter shall remain valid for the full term thereof, subject to the following conditions:
A. Each licensee holding such a license shall, within a period of one hundred eighty (180) days following the enactment of the ordinance codified in this chapter, execute a license agreement binding the licensee to conform to all provisions, requirements, and obligations of this chapter.
B. The license shall become valid immediately upon execution of the license agreement.
(Ord 1997-17 § 3, 1997; Prior code § 19.12.040)
EXHIBIT A Legal Description of License Areas
Note that the descriptions begin at the northwest corner of the license area and proceed in a clockwise direction. All incorporated jurisdictions within the areas as described below are also excluded from the license area.
License area "A" encompasses all of the unincorporated lands lying within the area bordered to the north by the Maricopa County line; to the east by the Tohono O'Odham Indian Reservation; to the south by the Organ Pipe Cactus National Monument; and to the west by the United States Air Force Bombing Range.
License area "B" encompasses all of the unincorporated lands lying within the area bordered to the north by the Pinal County line; to the east by the Coronado National Forest, the Saguaro National Park, and the Cochise County line; to the south by the Santa Cruz County line, the Coronado National Forest, the Santa Rita Experimental Range and the Mexican Border; and to the west by the Tohono O'Odham Indian Reservation.
License area "C" encompasses all of the unincorporated lands lying within the area of the Coronado National Forest known as Summerhaven.
License area "D" encompasses all of the unincorporated lands lying within the area bordered to the north by the Pinal County line; to the east by the Graham County line and the Cochise County line; and to the south and west by the Coronado National Forest.