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19820720 1982-24 ORDINANCE NO. 1982-24 AN ORDINANCE GRANTING A FRANCHISE TO VEPCO , ITS SUCCESSORS AND ASSIGNS TO USE FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF THE CITY OF FAIRFAX, VIRGINIA FOR ITS POLES, TOWERS, WIRES, CABLES, CONDUITS, DUCTWAYS, MANHOLES, HANDHOLES AND APPLIANCES FOR THE DISTRIBUTION, TRANSMISSION AND SALE OF ELECTRIC CURRENT WITHIN THE CORPORATE LIMITS OF THE CITY OF FAI RFAX, VIRGINIA AS THE SAME NOW EXIST OR MAY HEREAFTER BE EXTENDED OR ALTERED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, VIRGINIA that the right is hereby granted unto VEPCO , hereinafter referred to as the "grantee", its successors and assigns, for the term and subject to the conditions and limitations hereinafter stated, to use the streets, al leys and public places of the City of Fairfax, hereinafter referred to as the "City", and to acquire, erect, install, maintain and use, and if now constructed to maintain and use, poles, towers, wires, cables, conduits, ductways, manholes, handholes and appliances, hereinafter referred to as "facilities", in, over, along, on and under the streets, alleys and public places of the City, for the purpose of distributing, transmitting and selling electric current for light, heat and power at any point within the corporate limits of the City as the same now exist or may hereafter be extended or altered. The franchise granted hereby shall be subject to the following terms and conditions: SECTION 1. Such right to sell electric current for light, heat and power shall extend only to such areas of the City as are now or may hereafter be allotted to the grantee for service by authority of a certificate of public convenience and necessity issued by the State Corporation Commission in accordance with law. SECTION 2. The facilities authorized by this Ordinance shall be located at reasonably suitable and convenient points. The grantee shall file with the Director of Public Works of the City plans showing the location of proposed additional facilities, and obtain any permit required therefor prior to 1982-24 their construction in, over, along, on and under the streets, alleys and public places of the City. Except where the approval of the State Corporation Commission is required by law, the location of the proposed facilities shall be subject to review by the City Manager or his designee with the right on the part of the grantee to appeal from his decision to the City Council. The decision of the City Council on said appeal shall be final and binding as to the location of such facilities. Whenever the City shall determine that it is necessary in connection with repair, relocation or improvement of streets, alleys or public places, the City may require by written notification that any facilities of grantee be relocated or removed. Within ninety (90) days after receipt of notification unless the City Manager for good cause extends such time, grantee shall use its best efforts to remove or relocate same, using like construction, to such place as shall be mutually agree able with the City and grantee. Grantee shall bear all costs of removal and relocation provided the City will issue, without charge to the grantee, whatever City permits are required for relocation of grantee's facilities. If grantee does not use its best efforts to commence and complete removal or relocation within ninety (90) days, then the City may, after giving at least fifteen (15) days' written notice to grantee, take such actions at grantee's expense as are necessary to effect such removal or relocation. SECTION 3. In the location, erection, operation and maintenance of facilities, as herein authorized, grantee shall avoid all unnecessary damage to the shade trees in and along the streets, alleys and public places of the City and shall not cut or otherwise injure said trees to any greater extent than is reasonably necessary. Tree trimming and pruning shall occur only after advance notification to the City. In addition, the type and extent of trimming and pruning shall be in accordance with the requirements of the State Corporation Commission and the National Electrical Safety Code and shal 1 be approved by the City Horticultural i st. 1982-24 -3 SECTION 4. In the event grantee shall at any time injure any pavement, sidewalk, or any other public property, it shall immediately notify the Director of Public Works of the City and promptly repair the same at its own cost and expense. SECTION 5. Grantee shall, when so requested by the City Council, permit its poles and other overhead structures to be used without compensation by the City for the purpose of placing thereon any traffic lighting, cables for traffic lighting and signs. Such use by the City shall not interfere with the proper use of said poles and other overhead structures by grantee. The location and character of the City's traffic lighting, cables for traffic lighting and signs shall be subject to the approval of grantee. The City shall indemnify and save harmless grantee from any and all loss, damage, cost or expense to or which may be incurred by the grantee, or to which it may be subjected by reason of, or as a result of, the use of said poles and other overhead structures by the City as provided herein. Grantee shall, provided that there is sufficient space upon its poles, permit its poles and other overhead structures to be used by the City's Cable Television Franchisee upon payment of appropriate compensation to grantee and receipt by Franchisee of all necessary governmental approvals for the purpose of placing thereon its wires and fixtures. Such use by the City's Cable Television Franchisee shall not interfere with the proper use of said poles and other overhead structures by grantee. The location and character of said wires and fixtures of the Franchisee shall be subject to the approval of grantee. Nothing contained herein shall be construed to require grantee to erect new poles or other overhead structures and/or maintain existing poles or other overhead structures solely for the use of the City's Cable Television Franchisee. The City's Cable Television Franchisee shall indemnify and save harmless grantee from any and all loss, damage, cost or expense to or which may be incurred by grantee, or to which it may be subjected by reason of, or as a result of, the use of said poles and other overhead structures by the Franchisee as provided herein. 1982-24 -4 SECTION 6. The grantee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons or property growing out of any act or omission by grantee during the term of this franchise. In the event that suit shall be brought against the City, either independently or jointly with grantee on account thereof, grantee, upon written notice to it by the City, will defend the City in any such suit at the cost of grantee. In the event of a final judgment being obtained against the City, either independently or jointly with grantee, the grantee will pay such judgment, with all costs, and hold the City harmless therefrom. Nothing herein contained shall be construed to render grantee liable for the negligence of the City, its agents or employees or of any other person or corporation. In furtherance whereof, grantee shall execute a bond in the amount of One Thousand Dollars ($1,000.00), with good and sufficient surety, in favor of the City of Fairfax, to secure the obligations imposed by this section, and to secure grantee's proper location, erection, operation and maintenance of its facilities, and further to secure grantee's compliance with the terms, provisions and conditions of this Ordinance in al 1 respects. SECTION 7. The grantee and its agents shal 1 take all prudent action to avoid damage or injury to pipes, cables, fixtures and instal lations of other utility services, particularly those instal lations whose disruption can cause hazards or danger to persons or property. In the event such damage or injury occurs, the grantee shall notify the City Manager or his designee and shall cooperate and contribute its capabilities to the extent necessary to remove any hazards and repair any damage. SECTION 8. The rights and privileges herein set forth are granted and conferred upon grantee upon the express condition that grantee will render at all times during the term of this franchise adequate electric service at reasonable rates, and that it will maintain its facilities located within the City in good 1982-24 -5 order throughout the term of this franchise. Grantee by accepting the franchise granted by this Ordinance expressly agrees that the State Corporation Commission shal 1 have jurisdiction, to the full extent and in the manner now or hereafter provided by law, to require grantee to render adequate electric service at reasonable rates, to maintain its facilities in good order throughout the term of this fr anch ise, and otherwise to enforce the provisions of this section to the full extent provided by law. SECTION 9. Any person who shall intentionally destroy or damage any of the facilities of grantee, constructed and maintained in accordance with provisions of this Ordinance within the corporate limits of the City, shall be diligently prosecuted pursuant to applicable law. Also, any person who shall tamper with any metering device incident to grantee's facilities or otherwise intentional ly prevent such metering device from properly registering, or otherwise illegally divert electric current so that it does not pass through the metering device shall be diligently prosecuted pursuant to applicable law. SECTION 10. All the rights and privileges hereby granted to the grantee may be exercised by any successor or successors, assignee or assignees of the grantee, but said successor or successors, assignee or assignees shall be subject to all the provisions, obligations, stipulations and penalties herein pre scribed. SECTION 11. The rights and privileges hereby granted shall continue for the period of thirty (30) years from and after the final passage of this Ordinance, unless the same be sooner voluntarily surrendered by grantee, with the consent of the City Council, or unless the same be sooner forfeited as provided by law. Upon the expiration of the term of this franchise or upon its earlier termination by surrender, forfeiture or otherwise, all facilities of grantee in the City shall remain the property of the grantee and may be removed from the streets, alleys and 1982-24 -6 public places of the City at the expense of the grantee within a reasonable time after expiration or termination. The grantee shall be liable for any damage to City property resulting from said removal. SECTION 12. This Ordinance and the rights and privileges hereby granted and conferred shall not become effective unless and until grantee shall file with the Clerk of the City its written acceptance hereof, and a bond in the amount of One Thousand Dollars ($1,000.00) in accordance with Section 6, in form satisfactory to the City, with surety satisfactory to the City. SECTION 13. The rights and privileges granted herein to use the public property are expressly subject to the conditions, limitations and provisions contained in the general ordinances of the City now in force, or that may be hereafter passed by the City, relative to the use of the streets, alleys and public places of City, so far as they may be applicable to the rights and privileges herein granted, provided such ordinances that may be passed will not place unreasonable or impractical burden upon the grantee. SECTION 14. The sections, paragraphs, sentences, clauses and phrases contained in this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or otherwise invalid by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. SECTION 15. This Ordinance shall be effective immediately upon its passage by a three-fourths affirmative vote by the members of City Council. (passed 5-0) INTRODUCED:_ July 13, 1982 ADOPTED: TESTE: -- I -! Clerk July 20, 1982