§ 90-458. Liquidated damages—Amount.  


Latest version.
  • In its sole discretion, the board of directors of the cable television commission may assess a franchisee and the franchisee shall be liable for liquidated damages in the amount of $1,000.00 for each calendar day on which a franchisee is in breach and for each breach of any of the provisions of any of the following: sections 90-228 through 90-232, 90-235, 90-238 through 90-242, and 90-261 in subdivision II of division 4; time limitations prescribed pursuant to section 90-247 in subdivision II of division 4; or sections 90-308 and 90-309 in subdivision III of division 4 or such other provisions of this resolution as shall expressly refer to this provision. Said liquidated damage sum shall be separately applicable to each calendar day of delay in complying with the provisions of subparagraphs "a" through "d" of said section 90-231, and separately applicable for each calendar day of delay in complying with any of the provisions in the last paragraph of said section 90-231. Said liquidated damage amount shall be separately applicable to each instance for each calendar day of delay in extending lines pursuant to the provisions of sections 90-239 or 90-240; provided that if more than one dwelling unit is subject to a particular extension from the boundaries of a service area, the total liquidated damages shall not exceed $1,000.00 for each calendar day of delay. Said liquidated damage sum shall be separately applicable to each calendar day of delay in complying with each approval or the conditions thereof issued pursuant to the provisions of said section 90-251.

    In its sole discretion, the board of directors of the cable television commission may assess a franchisee and the franchisee shall be liable for liquidated damages in the amount of $500.00 for each calendar day in excess of five calendar days the franchisee is in breach of any of the provisions of any of the following: section 90-234 in subdivision II of division 4, or section 90-302 in subdivision III of division 4, or such other provisions of the resolution as shall expressly refer to this provision.

(Ord. No. 97-12, § 2(5.50.804), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)