Chapter 4.70 BROADBAND TELECOMMUNICATIONS NETWORKS
Section 4.70.540 Sanctions and liquidated damages.
1. Lesser Sanctions. Nothing shall prohibit the city in enforcing its
rules and regulations to impose lesser
sanctions or censures for violations of provisions of the chapter rather than revocation.
2. Liquidated Damages. By acceptance of the franchise, the franchisee
agrees that failure to comply with
the provisions therein and this chapter will result in damage to the city, and that it will be impracticable
to
determine the actual amount of such damage; and the franchisee therefore agrees that, in addition to
any
other damages suffered by the city, the franchisee will pay to the city the following liquidated damages:
a. For failure to timely file required plans or information,
fifty dollars per day;
b. For failure to comply with reasonable orders of the
city, fifty dollars per day;
c. For willful or negligent failure to complete construction
or commence operations in accordance with
the provisions of Section 4.70.280, fifty dollars per day;
d. For willful or negligent failure to provide service
in substantial compliance with the provisions of
this chapter, not to exceed five hundred dollars per day as determined by city manager;
e. In the event franchisee disagrees with the imposition
by the city manager of any of the liquidated
damages listed in this section, such damages will continue to accrue but will not be required to be
paid until
the franchisee has appealed to the city council and the city council has determined that payment of
such
damages is appropriate. (Ord. S-35454, 1978)