By execution of the license agreement, the licensee agrees that failure to comply with the provisions of this chapter and the license agreement will result in damage to the city, and that it will be impracticable to determine the actual amount of such damage; and that, in addition to any other damages suffered by the city or remedies available to it, the licensee will pay to the city the following amounts as adjusted for inflation chargeable by the city to the security fund established in section 7A-33 ("Security Fund") of this chapter; provided that nothing herein prevents the city from establishing different liquidated damage amounts in a license, based on the damage likely to be caused by the particular licensee, and to the extent different damages are specified in a license agreement for the same violation, the damages in the license agreement will control. Procedures, if any, for notice and opportunity to cure, may be provided for in a license agreement.
(1) For failure to timely file required plans, data or reports pursuant to this chapter and the license agreement--Fifty dollars ($50.00) per day.
(2) For failure to timely comply with lawful orders of the city--Fifty dollars ($50.00) per day.
(3) For failure to complete construction or commence operations of the portion of the system that is primarily intended to serve residential subscribers pursuant to this chapter and the license agreement--Seven hundred dollars ($700.00) per day, or where identifiable, one dollar ($1.00) per day for each affected subscriber.
(4) For failure to provide the services proposed by the licensee pursuant to the provisions of this chapter and incorporated into the license agreement, including but not limited to PEG channel activation, equipment and personnel--One thousand dollars ($1,000.00) per day.
(5) For failure to timely pay the license fee or other moneys due the city pursuant to this chapter and the license agreement--Two hundred fifty dollars ($250.00) per day.
(Ord. No. 8937, § 2, 9-2-97)