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irrespective of the number of customers affected. No monetary penalties shall be assessed for a material breach if it is out of the reasonable control of the state franchise holder. (e) The City shall submit one half of any penalty amounts it receives to the Digital Divide Account established by California Public Utilities Code section 280.5. (f) No monetary penalties shall be assessed for a material breach if it is out of the reasonable control of the state franchise holder. (g) The penalty amounts set out in subsection (b) of this section are based on the maximums allowed under subsection (d) of California Public Utilities Code section 5900, and the City desires to set the penalty amounts at the highest amount authorized by law. Accordingly, the penalty amounts set out in subsection (b) of this section shall be automatically increased to reflect any increases the amounts allowed under subsection (d) of California Public Utilities Code section 5900. 5.7.125 Authority to Examine and Audit Business Records. The City shall ensure that it receives all franchise fee revenue to which it is entitled to at the times and in the amounts specified by Public Utilities Code section 5860, and, to that end, the City Manager is hereby authorized, either with or without the assistance of a duly authorized representative, to examine the business records of the holder of the state franchise in accordance with subdivision (i) of Public Utilities Code section 5860. Section 2. Effective Date and Publication. This ordinance shall take effect thirty (30) days after adoption. The title thereof shall be published once prior to adoption and a complete copy of the ordinance shall be posted on the City Council Chamber bulletin board for five (5) days prior to adoption. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable.