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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. 61•E;k•LqEel eA;14oI WO) 1 ! !1• 11UI\•rILA VA+L"JIliJ40r111fRtIIL� • + c WPMI Ell l - • • 1 IIVLyl4llIM11l��.���a�1s� 1 11"1 •� ! • • 1 • . 1 1 rorTurs 1 ! 1 • i ! ! !T UT r FIN In [4,13111R!111� • 1 • 1 ! • 111 11WI INtaill tyll 101! ! 1 ! • e l c ! ! 1 • 11 1 ! 1 11 !1 • I W WIA+ a 1 V Kill R 1 R 01H 171 !1 1 ! • •!KIMMI its =111• 1• e 1 1 1. II 1 (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 oaj.�-IM41- Mayor .5—/ / ate eitFClerk Votes Councilmember DeMarco Aye Councilman Greenfield Aye Councilmember Miller Absent Councilmember Passey Aye Councilmember Schmidt Aye Councilmember Stehle Aye