180-183 ELECTRIC
COMPANY FRANCHISE
(Adopted (Potomac Edison) 5-2-86 by Ord.
No. 3-86; Renewed (Allegheny) 1-2-09 by Ord. No. 1-09)
An
Ordinance to grant to The Potomac Edison Company, d/b/a Allegheny
Power, and
its successors or assignees, the right for the term and upon the
conditions
herein stated, to occupy and use the streets, avenues, alleys, parks
and other
public places of the Town of Front Royal, Virginia and to acquire,
erect,
construct, reconstruct, maintain and use, and if now constructed to
reconstruct, maintain and use, poles, towers, attachments, wires, fiber
optic
cable, CATV and telephone lines and appliances over and along, and to
acquire,
construct, reconstruct, maintain and use, and if now constructed to
reconstruct, maintain and use, conduits or subways, including necessary
manholes and to run cables and wires in, under and along the streets,
avenues,
alleys, parks and other public places of the Town of Front Royal,
Virginia for
the purposes of transmitting and distributing electric current for
light, heat
and power, and for transmitting and distributing video or data for its
own use,
and to supply and sell electric current for light, heat and power to
any point
within or outside the corporate limits of the Town of Front Royal
Virginia, as
the same now exist, or may hereafter be extended or altered.
BE IT
ORDAINED BY THE
COUNCIL
OF THE
TOWN
OF FRONT ROYAL, VIRGINIA
Section
1.
That
the right is hereby granted
unto The Potomac Edison Company, d/b/a Allegheny Power, hereinafter
referred to
as the "grantee," its successors and assignees, for the term and
subject to the conditions and limitations hereinafter stated, to occupy
and use
the streets, avenues, alleys, parks and other public places of the Town
of
Front Royal and to acquire, erect, construct, reconstruct, maintain and
use,
and if now constructed, to reconstruct, maintain and use, poles,
towers,
attachments, wires, fiber optic cable, CATV and telephone lines and
appliances
over and along, and to acquire, construct, reconstruct, maintain and
use, and
if now constructed to reconstruct, maintain and use, conduits or
subways,
including necessary manholes, and to run cables and wires in and under
and
along the streets, avenues, alleys, parks and other public places of
the Town
of Front Royal, for the purposes of transmitting and distributing
electric
current for light, heat and power, and transmitting and distributing
video or
data for grantee’s own use, and to supply and sell electric current for
light,
heat and power to any point within or outside the corporate limits of
the Town
of Front Royal as the same now exists or may hereafter be extended or
altered.
Section
2.
From
and after the date on which
this ordinance shall become effective, the poles, towers, attachments,
wires,
cable, conduits and other structures in, under and along the streets,
avenues,
alleys, parks and other public places of the Town of Front Royal
authorized by
this ordinance to be located and constructed, shall be located at
reasonably
suitable and convenient points, and a permit for the location of said
poles,
towers, attachments, wires, cable, conduits and other structures as
shall from
time to time, on application of the grantee, be issued by the Mayor or
other
proper administrative officer of the Town of Front Royal. When
plans
showing the location of such poles, towers, attachments, wires, cable,
conduits
or structures as aforesaid shall have been presented to the Town of
Front Royal
and permits issued for the same, said plans shall be effective and
binding to
the same extent as if they were set out fully and at length in this
ordinance.
However, the Town of Front Royal will not unreasonably refuse to
give the
grantee a permit for some reasonable and practical location for each
pole,
tower, attachment, wire, cable, conduit and other structure that is
required in
order that the grantee may meet and discharge its duties to the public
as a
public service corporation.
Section
3.
In
the location and erection of the
poles, towers, attachments, wires, cable, conduits and other structures
and
fixtures and in stringing the wires as herein authorized grantee shall
have the
right to trim, cut and keep clear of its wires and fixtures the trees
in and
along the streets, avenues, alleys, parks and other public places of
the Town
of Front Royal, but shall not cut or otherwise injure the trees to any
greater
extent than is reasonably necessary in the construction,
reconstruction,
maintenance and operation of the poles, towers, attachments, wires,
cable,
conduits, fixtures and other structures of the grantee as herein
authorized and
provided.
Section
4.
Wires
and cables are to be used for
transmitting, distributing and selling electric current and CATV, and
video,
data and telephone communications for grantee’s own use under this
franchise.
Section
5.
In
the event that grantee shall, in
the construction or repair of its works under this franchise, injure
any sewer,
water or other pipe or works belonging to the town or other utility, it
shall,
upon notice thereof from the Mayor or other designated official,
promptly
repair the same at its own cost and expense. Any conduits, ducts,
mains
and pipes which shall be laid by the grantee, under this ordinance,
shall be so
laid as not to unnecessarily obstruct or interfere with public travel
or do
damage to public or private property.
Section
6.
The
grantee shall, when so requested
by the Council of the Town of Front Royal, permit its poles, towers,
conduits
and other structures to be used without compensation (except for any
applicable
make-ready charges as determined by grantee) by Town of Front Royal,
provided
that such use by the Town of Front Royal shall not interfere with the
proper
use of the grantee’s poles, towers, conduits, structures and fixtures
by the
grantee, and that the location and character of the wires and fixtures
of the
Town of Front Royal shall be subject to the approval of the grantee,
and
provided further that the Town of Front Royal shall, and it hereby
agrees to,
indemnify and save harmless the grantee from any and all loss, damage,
cost or
expense to, or which may be incurred by grantee, to which it may be
subjected
by reason of or as a result of the use of the grantee’s poles, towers,
conduits, structures and fixtures by the Town of Front Royal pursuant
to this
section.
Section
7.
The
grantee agrees and binds itself
by the acceptance of this ordinance, to indemnify, keep and hold the
Town of
Front Royal free and harmless from liability on account of injury or
damage to
persons or property growing out of the construction, reconstruction,
improvement, maintenance, repair and operation of its lines or works;
but
nothing herein contained shall be construed to render grantee liable
for the
negligence of the Town of Front Royal, its agents or employees, or of
any other
person or corporation.
Section
8.
The
rights and privileges herein set
forth are granted and conferred upon the grantee, upon the express
condition
and understanding on the part of the grantee, that it will render to
the public
in the Town of Front Royal within the territory served by the grantee,
at all
times during the term of this ordinance, an efficient light and power
service
at reasonable rates, and that it will maintain its properties, works
and
structures located within the Town of Front Royal in good order
throughout the
term of this grant, and the grantee by accepting this ordinance
expressly
agrees that the Virginia State Corporation Commission shall have
jurisdiction,
to the full extent and in the manner now or hereafter during the life
of this
ordinance provided by law, to require the grantee to render efficient
service
at reasonable rates, and to maintain its property in good order
throughout the
term of this grant, and to otherwise enforce the provisions of this
section to
the full extent provided by law.
Section
9.
Any
person who maliciously or
wrongfully tampers or interferes with, cuts, injures or destroys any of
the
poles, towers, wires, fixtures, or any property of the grantee,
constructed and
maintained in accordance with the provisions of this ordinance, within
the
corporate limits of the Town of Front Royal shall, upon conviction, be
punished
and fined in full accordance with law.
Section
10.
All
the rights and privileges
granted herein to grantee may be exercised by any successor or
successors,
assignee or assignees of the grantee, but the successor or successors,
assignee
or assignees shall be subject to all the provisions, obligations,
stipulations
and penalties as prescribed herein.
Section
11.
The
right of the Town of Front Royal
to impose any lawful franchise, license, property or any other tax upon
the
property and franchise granted shall not be deemed to be in any manner
waived
or abridged.
Section
12.
The
rights and privileges granted
herein shall continue for four (4) consecutive periods of five (5)
years each.
All the terms and conditions granted herein shall renew
automatically
upon the conclusion of each term, unless either party provides notice
in
writing one year prior to the expiration of the current term of the
party’s
intent in good faith to conclude its obligations under this Agreement
or its
desire in good faith to re-negotiate the rights and privileges granted
herein.
Section
13.
In
exchange for the rights granted
herein, the grantee agrees to transfer the customers of Allegheny Power
located
on Kendrick Lane, Town of Front Royal, and the service facilities
exclusively
used to serve those customers. The grantee also agrees to provide
space,
where available, on its poles for the Town of Front Royal to construct
the
necessary primary facilities to serve those customers. The
grantee and
the Town of Front Royal agree to petition jointly for the State
Corporation
Commission’s approval of the transfer of these customers and
facilities, as
required by law. The grantee will bear the costs of the
application for
approval. Upon receipt of the Commission’s approval, the grantee
shall
transfer the customers and the assets to the Town of Front Royal at
such time
that the Town of Front Royal is prepared to provide service to those
customers.
Section
14.
Upon
the expiration of the term of
this grant and upon the termination of the rights hereby granted, by
surrender,
forfeiture or otherwise, all of the facilities of the grantee in the
streets,
alleys or public places of the Town of Front Royal shall remain the
property of
the grantee and may be removed from the streets, alleys and public
places of
Town at the expense of the grantee within a reasonable time after the
expiration or termination of the rights and privileges.
Section
15.
This
ordinance and the rights and
privileges herein granted and conferred shall not become effective
unless and
until the grantee shall file with the Clerk of the Council of the Town
of Front
Royal its written acceptance thereof, in form satisfactory to the Town
of Front
Royal, and shall have entered into a bond, in the sum of $100, with
security
satisfactory to the Council of the Town of Front Royal,
conditioned to
the effect that the grantee will construct and maintain or if
constructed,
maintain the property provided for and reasonably necessary for the
exercise of
the rights and privileges granted in and by this ordinance, and will
maintain
the same in good order throughout the term of this grant, and will
comply in
all respects with the terms, conditions and provisions of this
ordinance.
Section
16. This ordinance shall be in force from its passage.