§ 30-24. Liquidated damages.

(a)

Notwithstanding any other remedy provided for in this chapter, the franchise, or otherwise available under law, the city shall have the power to recover monetary amounts in the form of liquidated damages from a grantee under certain conditions, provided the city first complies with the notice requirements of this section.

(b)

Franchises shall include provisions for liquidated damages to be paid by a grantee, in amounts to be agreed upon by the grantee and grantor in the franchise.

(c)

Liquidated damages may be invoked thirty (30) days after a grantee receives written notice by registered or certified mail from the city manager to cure any problem under the franchise if, at the end of that thirty-day period, the city manager concludes:

(1)

That the problem complained of in his written notice is subject to the liquidated provisions of this chapter;

(2)

That the grantee has failed to cure the problem since issuance of the written notice;

(3)

That the written notice informed the grantee that the city manager would invoke liquidated damages pursuant to this chapter and/or the franchise if the problem was not corrected by the grantee within thirty (30) days of receipt of the city manager's written notice.

(d)

In the event that the three (3) criteria set forth in subsection (c) above are found to be true by the city manager, the city manager may issue to the grantee, by registered or certified mail, a notice of assessment of liquidated damages. The notice of assessment of liquidated damages shall set forth the basis and the amount of the assessment. At any time thereafter, the city may draw upon the letter of credit, or liquidated damages fund, required by this chapter to satisfy the amount stated in the notice of assessment of liquidated damages.

(e)

Unless the notice of assessment of liquidated damages indicates to the contrary, liquidated damages will continue to accrue each day until the violation ceases, as determined by the city manager in his sole discretion.

(f)

Each assessment of liquidated damages may be appealed. Each assessment of liquidated damages represents a separate and individual appeal. Sums collected by the city for liquidated damages may not be aggregated for purposes of determining the actual amount in controversy. Each appeal of the assessment may be contested in the Justice of the Peace Court, Precinct Six, Place Two of Dallas County, Texas. Costs of suit shall be borne by the party incurring the same. Recovery of attorney's fees shall not be allowed and each party to the litigation shall be responsible for the payment of its own attorney's fees.

(Ord. No. 5344, § 1, 11-15-94)