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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: 1984-14 -2- 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. 1984-14 -4- 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. 1984-14 -5- 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 --6-- 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 1984-14 -7- 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 C4