Agenda - Council - 09/27/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I Memorandum ,.qer)terrber la, 1983 Pa~e Ten Memorandtrn of A~reement, Paragraph 15. "In the event Group W fails to eanply with the revised construction schedule and initial ser- vice area require'rents of Paragraph 13 A., 8., and C. above, as of 5:00 o'clock I~.m., Septent)er 12, 1983, the Cam~ission shall proceed to collect fran Group W One Hundred Eight-Six Thousand and No/100 (.tl~lR,~100.00) Dollars retroactive to June 11, 1983. Further, until the C~mission determines that eequirenents of Paragraph 13 A., B., and C. above have been complied with by Group W, said company will he fined, beginnin~ Septerrber 13, 1983, and every day thereafter said violation continues Two Thousand and No/100 ($2,000.00) Dollars {uer day. It is recannended that as a result of the failure to complete construction in C:ha~lin, Ramse¥ and Andover, that the C~,l,,ission not utili~.e the fining authority pursuant to the Franchise, but move directly to the {V~randurn of Agreement. It is not reean- mended that the One Hundred Eight-Six Thousand and No/100 ($186,000.00) {3ollars be waived o._.~r assessed, at this ti~ne, since the institutional network is not c'crnpleted. This should be held in ,ntil sixty (60) davs lrran September 12, 1983 with t~inal deter- mination regarding the eanpletion of the institutional network. However, it is clear that Group W has not con, lied with the requirenents of Paragraph 13 A., B., and C., as it relates to Andover, r3harrolin and Ran~ey. q'here~ore, by agreenent with Group W the.v have consented to be fined Two Thousand and No/100 ($~,000.00) {')ollars I~er da.v beginnir,~. ~qe{~te'nber 13, 1983. It is strongly reccmrended that this fine be assessed beginning Septe-nber 13, 1983, until such tine as the city of Andover, ('Jharrplin and Rsrnsey are carol eted.