(A) Section exclusions. Any small system (as defined by the FCC), operating within the county, shall be excluded from the following provisions:
(1) § 111.023 EQUAL OPPORTUNITY.
Affirmative action plan.
(2) § 111.066 CONSTRUCTION TECHNICAL STANDARDS.
(B) State of the art.
(3) § 111.107 PUBLIC NOTICE; CAPTIONS; FRANCHISE APPLICATIONS.
(C) Contractor records.
(B) Section substitutions. Any small system (as defined by the FCC), operating within the county, shall have the following sections replace the so numbered section herein:
§ 111.039 SCHEDULE OF LIQUIDATED DAMAGES.
(A) Willful violation. For the willful violation of any of the following provisions of this chapter, the county shall notify the grantee in writing of the violation and the grantee shall be allowed 30 days, or such greater amount of time as the county may specify, to correct such violation.
(B) Chargeable to bond. Such undisputed liquidated damages shall be chargeable, to the extent available, to the security fund and performance bond if not tendered by the grantee within the aforesaid period of time.
(C) Hearing. The grantee may request a hearing before the Council in writing within seven business days of receiving notice of violation from the county. The time frame specified in the notice for correction of the violation shall be tolled from the date of receipt of a request from the grantee for a hearing until the day after the hearing.
(D) Damages penalties.
(1) These liquidated damages shall be in addition to and not a limitation upon the other penal provisions of this chapter, including penalties or revocation, or other statutorily or judicially imposed penalties.
(2) No decision by the county to invoke any remedy under this chapter, the franchise agreement, or any statute, law or ordinance, shall preclude the availability of any other such remedy.
Issue
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Liquidated Damages
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Failure to render payment of the reimbursement of the county’s expenses reasonable to the negotiation of the franchise, or franchise fee, or penalty payments | $200 per day from time due until paid |
Failure to file reports | $50 per day from time due until report(s) are filed |
Failure to complete system construction | $400 per day from time due until construction is complete |
Failure to comply with material provisions of this chapter or the franchise agreement pertaining to the construction and operation of the system and the provision of services | $100 per day until the grantee is in compliance with the provision(s) |
Failure to provide access funds, equipment, facilities or services | $200 per day from time due until paid or provided |
(E) County rights. The county retains the right at its sole option, to reduce or waive any of the above-listed penalties where extenuating circumstances or conditions beyond the control of the grantee are deemed to exist. The county manager or his or her designee shall determine the county's willingness to reduce or waive any of the above-listed penalties.