Title 10 Regulation of Activities
Chapter 10.27A Cable Communications Code
Article III. Franchise Conditions
Section 10.27A.340 Liquidated
Dam ages
Because a franchisee’s failure to comply with the provisions of this chapter and its franchise will result in dam age to the City and because it will be impractical to determine the actual amount of such dam ages, the City and any franchisee shall agree upon and specify in a franchise certain amounts which represent both parties’ best estimate of the dam ages.
The City shall calculate the amount of any dam ages as specified in a franchise.
The liquidated dam ages provided in a franchise shall be the exclusive monetary remedy for the named breaches. Neither the right to liquidated dam ages nor the payment of liquidated dam ages shall bar or otherwise limit the right of the City in a proper case to:
obtain judicial enforcement of a franchisee’s obligations by means of specific performance, injunctive relief, mandam us or other remedies at law or in equity;
consider any substantial violation or breach as grounds for forfeiture and termination of a franchise pursuant to this chapter; and
consider any violation or breach as grounds for nonrenewal or nonextension of a franchise or issuance of a new franchise.
Date Passed: Monday, June 4, 2007
Effective Date: Wednesday, July 11, 2007
ORD C34041 Section 1 (Recodification)