§ 126-131. Receivers.

(a)

The Board may apply to the circuit court for the appointment of a receiver in the following situations:

(1)

Failure to comply with Franchise or Ordinance. If a Franchisee fails to comply with its Franchise or this article, the Board may apply to the circuit court for a receiver to administer, manage and operate the Utility;

(2)

Revocation of Franchise. If a Franchise is revoked, the Board shall apply to the circuit court for appointment of a receiver to administer, manage and operate the Utility until a new Franchise is granted by the Board or until the circuit court otherwise orders;

(3)

Abandonment of Utility. If the Franchisee abandons the Utility, the Board shall apply to the circuit court for appointment of a receiver to administer, manage and operate the Utility until a new Franchise is granted by the Board or until the circuit court otherwise orders. For purposes of this article, a Utility is considered abandoned when the Franchisee fails to administer, manage and operate the Utility, resulting in potential or actual harm to public health, safety and welfare.

(b)

The receiver will be responsible for collection of all Utility revenues and payment of all operating and maintenance expenditures and other necessary and prudent obligations.

(c)

If the Board is appointed receiver by the circuit court, all reasonable costs to operate, maintain and repair the Utility, in excess of Utility revenues, may be initially funded from the County Utility Franchise Administration Fee Fund.

(d)

During the period of the appointment of the receiver, Utility rates, fees and charges may be adjusted by the Board to ensure sufficient revenues to administer, manage and operate the Utility. Following the termination of the receivership, Utility rates, fees and charges shall be subject to review.

(e)

The Board or any other governmental agency may acquire the assets of the Utility held by any lawful means.

(Ord. No. 2016-041, § 2, 9-21-2016)