HomeMy WebLinkAbout38-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
IN THE MATTER OF:
Amending Section 10-156(e) of )
the Danville Municipal Code Ex- ) ORDINANCE NO. 38-84
cluding Certain Actions From )
The Meaning of Willful Cessation )
of Service. )
)
The City Council of the City of Danville DOES ORDAIN
as follows:
Section 1. Section 10-156(e) of the Danville Municipal
Code is amended to read as follows:
(e) Willful Cessation of Service. If operator
fails to provide continuous service on all or part of
its system, and City establishes that the failure is
willful and without just cause, the City may, upon
service of notice to the operator, assum~ operational
control of the system. City may continue its control
until full service is restored under conditions accept-
able to the City or a permanent alternate is found to
operate the system. During the period of City control,
revenues from portions of the system under City control
become property of the City.
Willful cessation of service is a material breach
of the franchise and a ground for termination in accordance
with the procedures in section 10-153 (Termination). The
City may also impose monetary sanctions in accordance
with this chapter.
If there are two or more operators authorized to
serve or serving the same area and one operator withdraws
solely because of financial reasons arising out of an in-
ability to obtain or retain a sufficient share of the mar-
ket, this action alone is not a willfulcessatiOn of ser-
vice within the meaning of this section and does not sub-
ject the withdrawing operator to the franchise violation
remedies set forth in Section 10-175, including monetary
penalties. However, the operator remaining shall continue
to provide service as required by its award agreement and
may not charge a hook-up fee to a customer formerly served
by the withdrawing operator. This provision excusing cer-
tain acts from the definition of willful cessation of
service does not permit the withdrawal of the only opera-
tor then serving the area.
Section 2. Effective date.
This ordinance becomes effective 30 days after its
adoption.
Section 3. Publication and Posting.
The City Clerk shall either a) have this ordinance pub-
lished once within 15 days after adoption in a newspaper of
general circulation or b) have a summary of this ordinance
published twice in a newspaper of general circulation, once
five days before its adoption and again within 15 days after
adoption.
The foregoing ordinance was introduced at a meeting of
the City Council of the City of Danville held on August 2Q
1984, and was adopted and ordered published at a meeting of
the City Council held on Sept. 4 ,1984, by the-following
vote:
AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
MAYO /
ATTEST:
City Clerk ,~
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