19841113 1984-14ORDINANCE NO. 1984-14
AN ORDINANCE
To provide for the grant by the City of Fairfax,
Virginia, to a person or persons, or to a Corporation,
its successors and assigns, hereafter to be ascertained
in the mode prescribed by law, of the right to use for
the term and upon the conditions herein stated, the
streets of the City of Fairfax for her, his, their or
its system of pipes, mains, valves, manholes,
connections, meters and other equipment and appliances
necessary or convenient for the transmission,
distribution and sale of gas within the corporate
limits of the city of Fairfax as the same now exist or
may hereafter be extended or altered.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRFAX:
Article I. That there shall be granted in the mode
by law for franchise grants and upon the conditions
hereinafter specified, the rights and privileges in, over, along,
on, and under the streets of the City of Fairfax embodied in the
following draft of an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO
, ITS SUCCESSORS AND ASSIGNS TO
USE FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED
THE STREETS OF THE CITY OF FAIRFAX, VIRGINIA FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION THEREIN OF A
SYSTEM OF PIPES, MAINS, VALVES, MANHOLES, CONNECTIONS,
METERS AND OTHER EQUIPMENT AND APPLIANCES NECESSARY OR
CONVENIENT FOR THE TRANSMISSION, DISTRIBUTION AND SALE
OF GAS WITHIN THE CORPORATE LIMITS OF THE CITY OF
FAIRFAX, VIRGINIA AS THE SAME NOW EXIST OR MAY
HEREAFTER BE EXTENDED OR ALTERED.
BE IT ORDAINED by the City Council with the City of Fairfax,
Virginia, that the right is hereby granted unto
, hereinafter referred to as the "grantee",
its successors and assigns, for the term and subject to the con-
ditions and limitations hereinafter stated, to use the streets of
the City of Fairfax, hereinafter referred to as the "City", and
to construct, operate, install, maintain and use, and if now
constructed to maintain and use, a system of pipes, mains,
valves, manholes, connections, meters, and other equipment and
appliances, hereinafter referred to as "facilities", in, over,
along, on and under the streets of the City, for the purpose of
distributing, transmitting and selling gas 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:
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SECTION 1. Such right to distribute and sell gas 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 certifi-
cate 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 facili-
ties, and obtain any permit required therefor prior to their
construction in, over, along, on and under the streets of the
City. Except where the approval of the State Corporation Commis-
sion 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, the City may require by written notification that any
facilities of grantee be relocated or removed. Within thirty
(30) 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 agreeable 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 Ctiy 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 thirty (30) 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
1984-14 -3-
streets 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 shall be approved by the City Horti-
culturalist.
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 provide the Director of Public
Works maps showing the location of all facilities within the
corporate limits of the City then existing every six (6) months
beginnning six (6) months after the effective date of this
Ordinance and continuing throughout the term thereof.
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 corpora-
tion. 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 all
respects.
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SECTION 7. The grantee and its agents shall take all pru-
Lent action to avoid damage or injury to pipes, cables, fixtures
and installations of other utility services, particularly those
installations 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 gas service at reasonable rates, and that it
will maintain its facilities located within the City in good
order throughout the term of this franchise. Grantee by accep-
ting the franchise granted by this Ordinance expressly agrees
that the State Corporation Commission shall have jurisdiction, to
the full extent and in the manner now or hereafter provided by
law, to require grantee to render adequate gas service at reason-
able rates, to maintain its facilities in good order throughout
the term of this franchise, 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 intentionally prevent such metering device from
properly registering, or otherwise illegally divert gas 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
prescribed.
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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 volun-
tarily surrendered by grantee, with the consent of the City Coun-
cil, 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
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 writ-
ten 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,, li-
mitations 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.
1984-14
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SECTION 15. This Ordinance shall be effective immediately
upon its passage by a three-fourths affirmative vote by the
members of City Council.
Article II. Upon the approval of this Ordinance by the
Council, the City Clerk shall cause to be advertised once a week
for four consecutive weeks, in a newspaper of general daily
circulation, a descriptive notice of the Ordinance proposing to
grant a franchise contained in the foregoing sections, and an
invitation for bids with said Ordinance as follows:
LEGAL NOTICE
CITY OF FAIRFAX, VIRGINIA
Notice is hereby given that pursuant to an ordinance adopted
by the Council of the City of Fairfax, Virginia, on ,
October , 1984, a franchise for the use of streets of the City
of Fairfax for the construction, maintenance and operation of a
system of pipes, mains, valves, manholes, connections, meters and
other equipment and appliances necessary or convenient for the
transmission, distribution and sale of gas within the corporate
limits of the City of Fairfax will be granted to the highest and
best bidder. The ordinance proposing the grant of the franchise
isets forth with specificity the terms and conditions governing
the grant of the franchise, which include, but are not limited
to, a stipulation that the right to sell and distribute gas
extends only to such areas of the City as may be allotted to the
grantee by authority of a certificate of public convenience and
necessity, issued by the State Corporation Commission, provisions
governing the location, relocation, repair or improvement of the
grantee's equipment, and requirements that the grantee indemnify
the City of Fairfax and execute a bond in its favor. The rights
and privileges proposed to be granted shall continue for a period
of thirty years unless surrendered or forfeited by the grantee
under the terms of the ordinance.
The Council of the City of Fairfax hereby invites the
submission of bids for the franchise privileges and rights
proposed to be granted by such ordinance. Verbatim copies of the
ordinance proposing the grant of the franchise may be obtained
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from the Office of the City Clerk, City Hall, 10455 Armstrong
Street, Fairfax, Virginia 22030. All bids must be in writing and
presented to the presiding officer of the Council of the City of
Fairfax at a regular meeting of the Council to be held on the
day of , 1984, at p.m. After the receipt and
opening of the bids, the Council will proceed with the consider-
ation of the granting of such franchise in the manner prescribed
by law.
All bids shall be accompanied by a certified check in the
full amount of the bid made payable to the City of Fairfax,
Virginia. The successful bidder shall pay all costs for adver-
tising the franchise in addition to the sum bid by it. The right
is hereby expressly reserved to reject any and all bids.
INTRODUCED: October 23, 1984
ADOPTED: November 13, 1984
ATTEST:
~y ~erk
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