1999-08-24 Regular Meeting of City Council

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e e Section 26(1) hereof, the City Council may, at any time during the tenn of this Franchise, to the extent lawful: A. Seek specific perfonnance which reasonably lends itself to such remedy, as an alternative to. damages; or B. Seek monetary damages from the Grantee as compensation for such material breach; or C. Assess liquidated damages of up to $100 per day for any violations which cause equitable damage to the City and for which no other remedy is provided herein; or D. In the event that the Grantee does not cure the breach of the Franchise, or the City Council does not elect to seek monetary damages from the Grantee or the Grantee does not agree to pay such damages, then, as an alternative to taking the action referred to above, the City Council may revoke the Franchise. Section 27. RATES AND OTHER CHARGES. 1. Authority Reserved. The City reserves the right to regulate rates and charges for Cable Services, including Basic Service, to the extent allowed by local, state and federal laws as they exist now or may hereafter be amended. It is expressly agreed by the parties that, for purposes of rate regulation, Servic~ Area shall mean the same as Franchise Area as that tenn is used in the Cable Act of 1992 in determining effective competition. 2. Rate Schedule. The rates and charges for an Cable Services, including installation fees and other one-time charges~ shaH be maintained on file with the City. The Grantee shan provide new rate schedules to the Director and to each Subscriber at least thirty (30) days prior to any change in any rate, tenn or condition of any Cable Service offered on the Cable System. 3. Equitable Discounts. If Grantee offers any non-promotional Cable Service 26