2018-04ORDINANCE NO.2018-04
AN ORDINANCE AMENDING PORTIONS OF THE PUBLIC RIGHTS -OF -WAY
FRANCHISE GRANTED TO VIRGINIA ELECTRIC AND POWER COMPANY
D/B/A DOMINION ENERGY VIRGINIA ON MAY 14, 2013, TO ADDRESS THE
OBLIGATIONS OF THE CITY AND FRANCHISEE WITH RESPECT TO
UNDERGROUNDING OF ELECTRIC FACILITIES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,
VIRGINIA (hereinafter referred to as "CITY") that Section 12 of the existing Franchise
Agreement, dated May 14, 2013, by and between the CITY and Virginia Electric and Power
Company d/b'a Dominion Energy Virginia, be and hereby is amended to read in its entirety as
follows:
12. Undergrounding.
(a) If the City requests that Grantee's Facilities be placed underground and at the City's
expense constructs and installs to Grantee's specifications the conduits, ductways,
manholes, handholes, and appliances and devices (including but not limited to
switches, taps, transformers, and the like) necessary to facilitate the undergrounding
of the Grantee's existing or proposed overhead Facilities, the Grantee shall, at its
sole expense, design, remove, and relocate such portions of its existing or proposed
overhead Facilities underground. The City will obtain or cause to be obtained,
without charge to the Grantee, suitable public or private easements as may be
required by Grantee for such underground Facilities. The extent of undergrounding
that shall be required of the Grantee pursuant to this Section 12(a) annually shall not
exceed two hundred (200) circuit feet, and six hundred (600) circuit feet shall be the
maximum extent of undergrounding that may be aggregated pursuant to this Section
12(a) by the City and required to be installed by the Grantee in any one year;
provided, that the City shall have given advance written notice to the Grantee, which
the Grantee shall have received no later than June 30 of the previous calendar year,
of the extent and general location of the undergrounding that the City desires to
undertake in any calendar year, and the Grantee's annual obligations under this
Section 12(a) shall be contingent on such notice. The extent of undergrounding that
shall be required of the Grantee pursuant to this Section 12(a) during the twenty (20)
year term of this Ordinance shall in all events not exceed three thousand (3,000)
circuit feet.
(b) The Grantee shall not be responsible for any costs required for relocation of any
Facilities that have been placed underground pursuant to Section 12(a) i4
during the term of this Ordinance.
(c)
i Any undergrounding of the Grantee's Facilities requested by the City that is in
excess of that required by Section 12(a) will be at the City's expense. In such
event, Grantee will openly and fully disclose the cost of such work to the City
within sixty (60) days of the City's request.
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(d) In the event that the Grantee undertakes any undergrounding of its Facilities, without
regard to whether the undergrounding will occur pursuant to Section 12(a), Section
12(b), or Section 12(c), the Grantee shall cooperate with the City and other utilities
whose facilities are collocated on existing poles or other structures to ensure that
those facilities are properly removed and relocated."
This ordinance shall become effective as provided by law.
INTRODUCED: April 24, 2018
PUBLIC HEARING: May 8, 2018
ENACTED: May 8, 2018
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Mayor
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ate
eitFClerk
Votes
Councilmember DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Miller
Absent
Councilmember Passey
Aye
Councilmember Schmidt
Aye
Councilmember Stehle
Aye