(a) The grantor may, at its sole option, apply any of the following remedies in connection with the delay in system construction due to causes which are within grantee's reasonable control or which are reasonably foreseeable, and for which the grantee violates this chapter:
(1) A reduction in the duration of the franchise on a month-for-month basis for each month of delay exceeding three months;
(2) The forfeiture of faithful performance bonds for delays exceeding one year;
(3) The termination of the franchise for delays exceeding eighteen months;
(4) Up to one hundred dollars ($100.00) per day for the failure to submit plans indicating expected dates of installation of various parts of the system;
(5) Up to five hundred dollars ($500.00) per day for the failure to commence operations in accordance with this chapter;
(6) Up to five hundred dollars ($500.00) per day for the failure to complete construction and installation of the system within the proper time;
(7) Up to fifty dollars ($50.00) per day for the failure to supply data requested by the Village in connection with installation, construction, customers, finances or financial reports or rate review;
(8) Up to one hundred dollars ($100.00) per day, as the Village may determine, for the persistent failure to comply with reasonable recommendations of the Village relating to rates or services and/or interconnection and such other reasonable requests or recommendations as may be made pursuant to authority granted by this chapter; or
(9) Up to five thousand dollars ($5,000) for each day the grantee fails to initiate construction if, after six months of the effective date of the franchise agreement, the grantee has not commenced construction and the grantee does not commence construction within thirty days of written notice of such failure from the grantor, subject to the timetable provisions of Section 814.28.
(b) The grantee shall make a good faith and diligent effort to obtain all necessary permits and clearances. Within two months, four months and six months after the effective date of the franchise, the grantee shall report to the grantor its estimate of the initial construction date. The initial construction date estimated after six months may be used by the grantor as the presumptive construction starting date, with all construction requirements based on that date, provided, however, that the grantee may adjust its estimated initial construction date upon a showing of delays which are beyond its reasonable control or which are not reasonably foreseeable. For any schedule delay that may occur, the burden of proof shall be on the grantee to demonstrate that such delay was beyond its reasonable control or was not reasonably foreseeable. The imposition by the grantor of any remedy listed in subsection (a) hereof shall be in accordance with the procedures set forth in this chapter.
(Ord. 593. Passed 7-12-82.)