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12-14-2015 Council Packet
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12-14-2015 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/14/2015
Council Meeting Type
Regular
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9.2.3.2 For failure to provide data, documents, reports or information or to <br />cooperate with City or the Commission during an application process or <br />system review or as otherwise provided herein, the penalty shall be <br />$250.00 per day for each day, or part thereof, such failure occurs or <br />continues. <br />9.2.3.3 Fifteen (15) days following notice from the City or the Commission of a <br />failure of Grantee to comply with construction, operation or <br />maintenance standards, the penalty shall be $250.00 per day for each <br />day, or part thereof, such failure occurs or continues. <br />9.2.3.4 For failure to provide the services and the payments required by this <br />Franchise, including, but not limited to, the implementation and the <br />utilization of the PEG Access Channels, the penalty shall be $250.00 <br />per day for each day, or part thereof, such failure occurs or continues. <br />9.2.3.5 For Grantee's breach of any written contract or agreement with or to the <br />City or the Commission, the penalty shall be $250.00 per day for each <br />day, or part thereof, such breach occurs or continues. <br />9.2.3.6 For failure to comply with the reasonable build -out provisions and for <br />economic redlining in violation of Section 2.7 and 11.1 and 47 U.S.C. § <br />541(a)(3): Five Hundred dollars ($500) per day for each day or part <br />thereof that such violation continues. <br />9.2.3.7 For failure to comply with any of the provisions of this Franchise, or <br />other City ordinance or regulation for which a penalty is not otherwise <br />specifically provided pursuant to this subsection 9.2.3, the penalty shall <br />be $250.00 per day for each day, or part thereof, such failure occurs or <br />continues. <br />9.2.4 Each violation of any provision of this Franchise shall be considered a separate <br />violation for which a separate penalty can be imposed; provided, however, that <br />Grantee will not be charged under more than one penalty provision for each <br />separate violation. <br />9.2.5 Whenever the City or the Commission determines that the Grantee has violated <br />one or more terms, conditions or provisions of this Franchise, or for any other <br />violation contemplated in subsection 9.2.3 above, a written notice shall be given <br />to Grantee informing it of such violation. At any time after thirty (30) days (or <br />such longer reasonable time which, in the determination of the City or the <br />Commission, is necessary to cure the alleged violation) following local receipt of <br />notice, provided the City or its designee finds that the Grantee remains in <br />violation of one or more terms, conditions or provisions of this Franchise, in the <br />sole opinion of the City or the Commission, the City or the Commission may <br />38 <br />
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