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Except as otherwise provided by law, notwithstanding any other payment required by this chapter or the license agreement, when necessary to aid in the analysis of matters relating to the system, including but not limited to, rate investigations and regulation, technical standards, construction supervision or market surveys in the city, the city shall be entitled to employ the services of a consultant to assist and advise the city manager and the mayor and council. All reasonable fees of the consultant incurred by the city in this regard shall be shared equally by the licensee and the city, regardless of the nature or outcome of any specific matter under consideration. The terms of this section shall not apply to any research cost incurred by the city in connection with the right of the city to purchase the system.
(Ord. No. 8937, § 2, 9-2-97)
It shall be unlawful for any person, without the express consent of the licensee, to make any connection or attachment, extension or division, whether physically, acoustically, inductively, electronically or otherwise with or to any segment of the system for the purpose of receiving or redistributing service where the person has not paid for it. Nothing in this section shall be read to prohibit a subscriber to cable service to utilize lawful subscriber-owned equipment in the enjoyment of such service.
(Ord. No. 8937, § 2, 9-2-97)
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)
(1) Where this chapter provides alternative penalties or remedies, they shall be cumulative; and the imposition of one penalty or remedy shall not prevent the imposition of any other penalty or remedy provided for.
(2) Any person convicted of violating any provision of this chapter or any rule or regulation promulgated hereunder shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) and costs for each offense or may be imprisoned for not more than six (6) months, or both. Each day of a continuing violation shall constitute a separate and distinct offense.
(Ord. No. 8937, § 2, 9-2-97)
If any provision, section, paragraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this chapter. It is the intent of the city in adopting this chapter that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any other portion or provision, and to this end all provisions of this chapter are declared to be severable.
(Ord. No. 8937, § 2, 9-2-97)