§ 15-50. Liquidated damages.

(a)

Notwithstanding any other remedy otherwise available, the county shall have the power to recover liquidated damages from a grantee under the conditions of this subsection.

(b)

By accepting a franchise, a grantee agrees that if it fails to comply with any time and performance requirements as stipulated in this article or the franchise, the county will suffer damage, and that it is and will be impracticable to determine the actual amount of such damage in such event. As a result, the grantee agrees that the county may assess liquidated damages against the grantee for the following:

(1)

Failure to complete system construction or reconstruction within six months of the scheduled completion date, unless the board specifically approves the delay by resolution;

(2)

Failure to provide, upon written request, data, documents, reports or information as required by sections 15-51, 15-52, 15-53, 15-66 and 15-67;

(3)

Failure to provide in a continuing manner the types of services proposed in an accepted application or renewal proposal, unless the board specifically approves, by resolution, a delay or change, or unless the grantee has obtained modification of its obligation, all changes in programming excluded;

(4)

Failure of grantee to comply with operational, maintenance or technical standards as required by sections 15-62, 15-63, 15-64 and 15-69; and

(5)

For breach of any service standards as required by section 15-65.

(c)

The grantee shall pay $200.00 for each day or part of a day that one or more of the delinquencies set forth in subsection (b) continues. Any amount owed shall be chargeable to the letter of credit required under section 15-49.

(d)

The county shall provide the grantee written notice of any problem that might result in liquidated damages. If the county administrator concludes that a grantee has not corrected the problem or has failed to diligently commence and pursue corrective action within 45 days after the written notice, he shall send to the grantee by registered or certified mail a notice of intention to assess liquidated damages. The notice of intention to assess shall set forth the basis of the assessment and shall inform the grantee that liquidated damages will be assessed beginning five business days after the date of that notice unless the grantee appeals to the board or corrects the problem. A notice of appeal must be in writing and sent by registered or certified mail to the county administrator within five business days of the date of the notice of intention to assess liquidated damages. The grantee's appeal shall be heard within 30 days of the date of the notice of intention to assess liquidated damages. Unless the board indicates to the contrary, the liquidated damages shall be assessed beginning on the date of the notice of intention to assess and continue thereafter until the county administrator determines that grantee has corrected the problem.

(Code 1978, § 7-10)

(Code 1978, § 7-10)