Each campaign contract shall provide for liquidated damages payable to the City and
to other candidates for the same office who sign a campaign contract, in substantially
the following form:
"The actual damages that may be sustained by the City and by another candidate by
reason of a candidate's breach of a campaign contract are uncertain and would be difficult
to determine. The parties stipulate that a reasonable and just compensation to each
damaged party, including the City and another candidate, for a candidate's breach
of the contribution or expenditure limits in a campaign contract would be three times
the amount or value of the excessive expenditure made or contribution accepted. In
addition, the City may recover as damages from a candidate who breaches a campaign
contract of the amount paid to that candidate from the Austin Fair Campaign Finance
Fund.
"A candidate who signs a campaign contract shall promise to pay, and the City and
each other candidate for the same office who signs a campaign contract shall agree
to accept, in lieu of other damages, the amounts set out in this section as liquidated
damages, and not as a penalty, in the event of a breach of the campaign contract.
The City and each candidate with standing to enforce the campaign contract shall recover
reasonable attorney's fees from the breaching party in connection with a lawsuit for
liquidated damages."
Source: Ord. 20080925-079.
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