Sec. 8A.210. Liquidated damages.

(a) In addition to all other rights and powers pertaining to the city by virtue of this chapter, the city reserves the right to impose liquidated damages as set forth below in the event that any grantee fails, refuses or neglects to comply with or otherwise violates any material requirement or limitation contained in this chapter, a franchise or franchise renewal granted pursuant to it, or any material rule or regulation of the city or city manager validly adopted pursuant to this chapter where such violation, failure, refusal or neglect relates to or arises out of any of the following:
(1) Failure to complete system improvements in accordance with any agreement or ordinance of the city unless the council specifically approved the delay by motion or resolution, due to the occurrence of conditions beyond grantee's control;
(2) Failure to test, analyze and report on the performance of the system in a timely manner following a written request pursuant to this chapter;
(3) Failure to provide the aggregate number of services proposed in the franchise or franchise renewal agreement, unless the council specifically approves a delay or change;
(4) Failure by grantee to comply with operational, maintenance or technical standards as required by this chapter; or
(5) Failure to resolve a subscriber complaint when the cause for the complaint is within the control of grantee.
(b) In the event that any cause for liquidated damages occurs as specified in subsection (a) above, the following procedures shall apply:
(1) The city manager shall make written demand that grantee correct or comply with any such requirement, limitation, term, condition, rule or regulation that is a part of the cause for such damages within thirty days.
(2) In the event grantee does not comply with such requirement, limitation, term, condition, rule or regulation within thirty days, the city manager may place a request for liquidated damages upon the next available regular council meeting agenda. The city manager shall cause to be served upon such grantee, at least thirty days prior to the date of such council meeting, a written notice of the intent to request such liquidated damages, and the time and place of the meeting.
(3) After providing grantee with notice and an opportunity to be heard and in the event that the council determines that grantee, by its acts or omissions, has given the city cause for liquidated damages, the council may:
(i) Instruct the city manager to make written demand upon grantee for full compliance.
(ii) If the violation, breach, failure, refusal or neglect is not or cannot be remedied to the satisfaction of the council within thirty days following such demand, take either of the following actions:
(A) Direct grantee to comply within such additional time, in such manner and upon such terms and conditions as the council may direct; or
(B) Impose, after hearing and due process and commencing with the date of imposition, liquidated damages as follows:
(1) For failure to complete system improvements in accordance with any agreement or ordinance of the city unless the council specifically approved the delay by motion or resolution, due to the occurrence of conditions beyond grantee's control, grantee shall pay five hundred dollars per day for each day or part thereof that the noncompliance continues;
(2) For failure to test, analyze and report on the performance of the system in a timely manner following a written request pursuant to this chapter, grantee shall pay fifty dollars per day for each day or part thereof that the noncompliance continues;
(3) For failure to provide the aggregate number of services proposed in the franchise or franchise renewal agreement, unless the council specifically approves a delay or change, grantee shall pay two hundred dollars per day for each day or part thereof that the noncompliance continues;
(4) For failure by grantee to comply with operational, maintenance or technical standards as required by this chapter, grantee shall pay fifty dollars per day for each day or part thereof that the noncompliance continues; or
(5) For failure to resolve a subscriber complaint when the cause for the complaint is within the control of grantee, grantee shall pay twenty dollars per day for each day or part thereof that the cause of the complaint continues.
(C) In no event shall total liquidated damages exceed ten thousand dollars per month.
(D) Liquidated damages levied by grantor pursuant to this section shall not be general revenue to grantor and shall be used by grantor only for purposes related to the operation, maintenance and programming of the cable television system. (Ord. No. 1097, § 1 (part).)