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Reso 2013-150
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Reso 2013-150
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1/13/2014 11:58:22 AM
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12/13/2013 2:28:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/2/2013
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PERM
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8B Consent 2013 1202
(Reference)
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 1202
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SAN LEANDRO ADMINISTRATIVE CODE TITLE 2 CITY MANAGER <br /> pattern of behavior by the Company in derogation of the referenced requirement. For each <br /> such violation, the Council may impose a monetary sanction: <br /> (1) In an amount not to exceed One Hundred Dollars ($100) for each such subscriber <br /> and Five Thousand Dollars ($5,000) in accumulation of the violations as to all such <br /> subscribers resulting from any substantially continuous behavior, act or omission; <br /> and <br /> (2) In an additional like sum for each month or portion thereof during which the Com- <br /> pany shall fail, neglect or refuse to rectify said violation beginning thirty (30) days <br /> after written notice thereof from the Council to the Company. <br /> (d) Inadvertent Company Violation. An Inadvertent Company Violation is any failure, ne- <br /> glect or refusal of the Company to materially comply with the requirements of an Order is- <br /> sued under these Regulations with respect to the Company in relation to the Council. For <br /> each such violation, the Council may impose a monetary sanction in an amount not to ex- <br /> ceed Five Thousand Dollars ($5,000) and in an additional like sum for each month or por- <br /> tion thereof during which the Company shall fail, neglect or refuse to rectify said violation <br /> beginning thirty (30) days after written notice thereof from the Council to the Company. <br /> (e) Alternative Remedies. Neither monetary sanctions imposed hereunder nor any order issued <br /> by the Council related hereto shall be deemed to bar or otherwise limit the right of the <br /> Council to obtain judicial enforcement of the Company's obligations by means of specific <br /> performance, injunctive relief, mandate or other remedies at law or in equity, other than <br /> monetary damages. <br /> (f) Temporary Stay of Remedies. Application of the remedies provided herein shall be stayed <br /> for the period of time during which any order of the Council pursuant to these regulations is <br /> under appeal by the Company to the FCC, pursuant to 47 CFR §76.944. <br /> Editor's Note: <br /> Former Title 31, Chapter I. Cable Television: Basic Cable Television Sen-ice Tier—Rate Regulations,was editorially <br /> renumbered to be Title 2, Chapter 3, City Manager:Basic Cable Television Sen-ice Tier—Rate Regulations,during the <br /> 2005-06 republication. Legislative histon- for Title 31, Chapter 1: Resolution No. 94-165, 08/15/1994 [§§31.1.100- <br /> 31.1.130] <br /> Legislative History: <br /> Resolution No. 2006-123, 11/20/2006 [§§2.3.100-2.3.130] <br /> Department Responsible for Revision: City Manager Chapter 2.3 <br /> 11/20/2006 Page 6 <br />
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