A. 
A cable system operator shall not discriminate among persons or the city or take any retaliatory action against a person or the city because of that entity's exercise of any right it may have under federal, state, or local law, nor may the operator require a person or the city to waive such rights as a condition of taking service.
B. 
A cable system operator shall not refuse to employ, discharge from employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, age, disability, religion, ethnic background, or marital status. A cable system operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended.
(Ord. 1402 § 1(11.04.11), 2001)
A. 
Liquidated Damages. Because a cable franchisee's failure to comply with the provisions of this title concerning cable service will result in injury to the city, and because it may be difficult to estimate the extent of each such injury, each cable franchise shall contain provisions for liquidated damages for the following violations, which provisions represent the best estimate of the damages resulting from injuries of specific types. The amounts of the liquidated damages set forth in this title are in 2000 dollars and shall be increased each year by the increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Pacific Cities and U.S. City Average, Seattle, Urban Wage Earners and Clerical Workers Second Half Yearly Report. Unless a franchise provides otherwise, the amount of liquidated damages shall be:
1. 
For failure to substantially complete construction in accordance with the franchise: $1.00 per day for each affected subscriber for each day the violation continues;
2. 
For transferring the franchise without approval: $500.00 per day for each violation for each day the violation continues;
3. 
For failure to comply with requirements for public, educational and governmental use of the system: $500.00 per day for each violation for each day the violation continues;
4. 
For violation of customer service standards: $500.00 per violation; except that, for violations of applicable customer service standards for which the operator's compliance is not measured in terms of its response to individual customers: $1,250 per month for any period during which it fails to meet applicable performance standards; and
5. 
For all other material violations of the franchise agreement for which actual damages may not be ascertainable: $500.00 per day for each violation for each day the violation continues.
B. 
Procedures Applicable to Liquidated Damages. Before it imposes liquidated damages:
1. 
The city shall provide the franchisee 30 days' written notice and opportunity to fully cure the defect in performance, challenge the existence of the defect, or show that the defect in performance should be excused either temporarily or permanently; and
2. 
The city shall (at any time after the close of the 30-day period) hold a hearing at which the franchisee shall be provided an opportunity to be heard by the city council.
Provided, that the franchisee may waive the public hearing requirement, and if so, the city may impose liquidated damages without holding that hearing. The conclusion of the process provided for in subsections (B)(1) and (2) of this section satisfies the city's obligation to provide notice before drawing upon the security fund. Written notice shall be provided by certified mail.
(Ord. 1402 § 1(11.04.12.1, 11.04.12.2), 2001)
A. 
In addition to all other rights of the city under a cable franchise, the city shall have the right to revoke the franchise: for the reasons specified in this title; for defrauding or attempting to defraud the city or subscribers, if the franchisee abandons the cable system, or willfully refuses to provide service to the city or any part of the city in accordance with its franchise; and as otherwise provided herein.
B. 
Failure to complete any system upgrade required by its franchise by the prescribed date so that at least 75 percent of all plant miles are rebuilt and are serving subscribers from the upgraded system will result in the automatic forfeiture of the franchise if (1) the city has provided the franchisee with notice that the upgrade must be completed, and (2) the upgrade is not completed within 90 days after the date on which the city provides notice so that at least 75 percent of all plant miles are rebuilt and are serving subscribers.
(Ord. 1402 § 1(11.04.12.3), 2001)
All remedies under this title and franchises granted hereunder are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve the franchisee of its obligations to comply with its franchise. Remedies may be used singly or in combination; in addition, the city may exercise any rights it has at law or equity; except that, the city is not entitled to recover damages for the same injury under two separate sections where doing so would result in a double recovery.
(Ord. 1402 § 1(11.04.12.4), 2001)
Recovery by the city of any amounts under insurance, the construction/performance bond, the letter of credit, or otherwise does not limit the franchisee's duty to indemnify the city in any way, nor shall such recovery relieve the franchisee of its obligations under the franchise, limit the amounts owed to the city, or in any respect prevent the city from exercising any other right or remedy it may have.
(Ord. 1402 § 1(11.04.12.5), 2001)