HomeMy WebLinkAboutReso 33-08 Public Utilities Code
RESOLUTION NO. 33-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING A SCHEDULE OF PENALTIES FOR THE MATERIAL BREACH BY
THE HOLDER OF A STATE FRANCHISE OF SERVICE STANDARDS AND
OTHER STANDARDS SPECIFIED IN PUBLIC UTILITIES CODE SECTION 5900
WHEREAS, a recently enacted state law, the Digital Infrastructure and Video Competition Act of
2006 (Public Utilities Code sections 5800 through 5970) ("DIVCA"), now authorizes new providers of
video programming services (and incumbent cable companies under certain circumstances) to obtain state
franchises that authorize them to provide such services using City rights of way in the unincorporated
areas of the City, rather than obtaining a cable franchise from the City; and
WHEREAS, DIVCA requires the City to adopt a schedule of penalties for any material breach by
a holder of a state franchise of service standards and other standards established by subdivision (a) of
Public Utilities Code section 5900, and section 42.074 of the Dublin Municipal Code indicates that the
Board of Supervisors may adopt such a schedule of penalties from time to time by resolution; and
WHEREAS, the City initially intends to satisfy this state law requirement by adopting a schedule
of penalties that sets the amount of the penalty for all "material breaches" at the maximum amount
authorized by DIVCA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
1. Unless the context requires otherwise, all words and phrases used herein shall have the same meanings
as ascribed to those words and phrases in Chapter 3.22 of the Dublin Municipal Code.
2. The penalty for any material breach, as that term is defined in section 3.22.040 of the Dublin
Municipal Code, by the holder of a state franchise shall be as follows:
a. Five hundred dollars ($500.00) for each day of each material breach, not to exceed one thousand
five hundred dollars ($1,500.00) for an occurrence of a material breach.
b. In the event that a material breach has occurred, the City has provided notice to the holder and
assessed a penalty arising from such material breach, and a subsequent material breach of the same
nature occurs within 12 months ofthe initial occurrence, the penalty shall be as follows:
1. One thousand dollars ($1,000.00) for each day of each material breach, not to exceed three
thousand dollars ($3,000.00) for the first such occurrence of a material breach.
11. Two thousand five hundred dollars ($2,500.00) for each day of each material breach, not to
exceed seven thousand five hundred dollars ($7,500.00) for the second and further such
occurrence of a material breach.
Reso No. 33-08, Adopted 3/04/08, Item 4.10
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PASSED, APPROVED AND ADOPTED this 4th day of March, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST~t / W
Deputy City Clerk
Reso No. 33-08, Adopted 3/04/08, Item 4.10
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