744-00 Renew FSN Cable TV Franchise

Browse Search

5.4 Rights Reserved to the City: The City hereby expressly reserves the right to exercise its governmental powers, r now or hereafter, to the full extent that such powers may be vested in or granted to the City. 5.5 Time Essence of Agreement: Whenever this ordinance or the Franchise Agreement sets forth any time for any act to be performed by or on the behalf of the Grantee, such time shall be deemed of the essence and the Grantee's failure to perform within the time allotted shall, in all cases, be sufficient grounds for the City to invoke the remedies available under the terms and conditions of this ordinance and the Franchise Agreement. 5.6 Acceptance: This Ordinance and the Franchise Agreement and their terms and conditions shall be accepted by the Grantee by written instrument filed with the City within thirty(30) days after the granting of the Franchise, unless said period is extended by the City at its sole discretion. In its acceptance, the Grantee shall declare that it has carefully read the terms and condition of this Ordinance and the Franchise Agreement and accepts all of the terms and conditions imposed by this ordinance and the Franchise Agreement and agrees to abide by same. 5.7 Liquidated Damages: A. Notwithstanding any other remedies provided for in this ordinance, the Franchise Agreement, or otherwise available under law, the City shall have the power to impose the following monetary liquidated damages in the event the Grantee violates any provision of this ordinance, the Franchise Agreement, or any rule or regulation lawfully adopted thereunder and Grantee agrees to pay City monetary liquidated damages within ten (10) days from the date of written notification for payment thereof in accordance with the schedule set forth below. Any such liquidated damages shall be recoverable from the performance bond, letter of credit, or other financial document, previously - authorized by the City at the option of the City. i. For failure to commence or complete construction,and installation of System within proper time up to One Hundred Dollars ($100.00) perday. ii. For failure to supply data required under this ordinance in connection with installation, construction, customers, finances or financial reports, or rate review up to One Hundred Dollars ($100.00) per day as the City may determine. iii. For failure to respond to Subscriber complaints within the proper time, unless good cause is shown or a correlating specific dollar credit has been applied to the Subscriber's account for such failure up to One Hundred Dollars ($100.00) per day as the City may determine. iv. For failure to comply with any other material obligation contained in this ordinance or the Franchise Agreement up to One Hundred Dollars ($100.00)per day.