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HomeMy WebLinkAbout2001-05Ordinance 2001-OS An Ordinance Granting to Appalachian Power Company, a Franchise For An Electric Light, Heat and Power Transmission and Distribution System in the Town of Pulaski, Virginia • ADOPTED: April 3, 2001 EFFECTIVE: Apri13, 2001 • • ORDINANCE 2001-OS AN ORDINANCE GRANTING TO APPALACHIAN POWER COMPANY A FRANCHISE FOR AN ELECTRIC LIGHT, HEAT AND POWER TRANSMISSION AND DISTRIBUTION SYSTEM IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, by an ordinance adopted by the Council of the Town of Pulaski, Virginia, on the 3rd day of A p r i 1 , 2 0 O 1 ,and approved by the Mayor of said Town on the 3 r c1i` day of ~~ the franchise for an electric light, heat and power transmission and distri ution system in the Town of Pulaski, Virginia, was thereby proposed to be sold and bids invited therefor, and the said ordinance having been advertised once a week for four consecutive weeks in the Southwest Times, a local newspaper of general circulation in said Town; and WHEREAS, the Appalachian Power Company has bid the sum of 0 n e thousand ($10 0 0 ) for such franchise and the Mayor having read said bid aloud to the members and inquired if any other bids were offered and whether any other persons were present desiring to bid upon said franchise, and it appearing that no other bids have been received and no other persons were present desiring to bid upon said franchise and the 3`~ day of April, 2001 at ~a p.m. was set as the date and time Council would receive bids. NOW, THEREFORE, Be it Ordained by the Council of the Town of Pulaski, Virginia, meeting in regular session on this 3rd day of April, 2001, that: SECTION I: Appalachian Power Company, its successors and assigns, (hereinafter called "Grantee"), is hereby granted the right, privilege, franchise and authority to acquire, construct, maintain and operate in, above, under, across and along the streets, thoroughfares, alleys, bridges and public places, (as the same now exist or may hereafter be laid out), of the Town of Pulaski, Virginia, lines for the distribution of electric energy either by means of overhead or underground conductors, with all necessary or desirable appurtenances for the purpose of supplying electric energy to said Town and the inhabitants thereof and persons or corporations beyond the limits thereof, for light, heat, and power or any other purpose or purposes for which electric energy is now or may hereafter be used, and for the transmission of the same through or across said Town. SECTION II: Said lines and appurtenances shall be constructed, maintained and used so as to interfere as little as possible with the traveling public in its use of the streets, thoroughfares, alleys, bridges and public places. The location of all poles and conduits shall be made under the supervision of the Town Manager or his authorized representative, or such other official as may be designated by the Council of said Town. SECTION III: The rights, privileges and franchise hereby granted shall be in force and effect for a period of thirty (3 0) years from the date of the adoption of this ordinance. The rights, privileges and franchise hereby granted shall not be construed to be exclusive and the • Council of said Town hereby reserves the right to grant similar rights, privileges and franchises to (~ ~ • any other person or persons, firm or firms, corporation or corporations. SECTION IV: The granting of this franchise is made upon the express condition that the exercise of the same shall be subject to such regulations as maybe adopted by the State Corporation Commission of Virginia or such other body upon which said State may hereafter confer regulatory power over like corporations for the purpose of securing efficiency of public service at reasonable rates from said Grantee, its successors and assigns, in said Town of Pulaski, and the maintenance of the property and works of said Grantee in good order throughout the term of this franchise. It shall further be an express condition of the granting of this franchise that the franchise shall be subject to the passing by the legislature of legislation deregulating the Electric Utility Industry and that this franchise maybe modified in accordance with the adoption and passage of said deregulation legislation. SECTION V: Said Grantee shall save the Town harmless from any and all liability arising in any way from negligence in the erection, maintenance or operation of said lines for the distribution of electric energy. SECTION VI: Whenever said Grantee shall begin the erection of any lines or equipment or the repair or maintenance thereof, it shall promptly and diligently prosecute the work to completion, and in compliance with the ordinances of said Town allowing opening and other work upon its streets, alleys or public ways, and shall leave the streets, thoroughfares, alleys, bridges and public places where such work is done in as good condition of repair as before such work was commenced. All such work, upon completion, may in the discretion of the Town be subject to inspection and approval of the Town Manager of the Town or his authorized representative or such other official as may be designated by Town Council. SECTION VII: Whenever, in this ordinance, either the Town or the Grantee is referred to, it shall be deemed to include the respective successors or assigns of either; and all rights, privileges and obligations herein contained by or on behalf of the said Town or by or on behalf of said Grantee, shall bind and inure to the benefit of the respective successors or assigns of said Town or of said Grantee, whether so expressed or not. SECTION VIII: In consideration of the benefits which in the judgement of said Town will accrue to it by reason of the construction and operation of said electric light, heat and power system and as an inducement to said Grantee proposing to construct, maintain and operate said system, the said Town of Pulaski hereby agrees with the said Grantee that no specific pole or wire tax shall be imposed or charged against said Grantee, its successors or assigns by said Town during the life of this franchise, but said Town of Pulaski hereby expressly reserves the right of assessing or charging any other valid tax or any other nature whether ad valorum or otherwise which is now authorized or which may be hereafter authorized by the general laws of the State of Virginia. SECTION IX: This franchise shall be accepted by the Grantee within sixty (60) days from the date of the passage of the same. Such franchise shall be subject to the express condition that . upon termination, the plant as well as the property, if any, of the Grantee in the streets, avenues and other public places, shall therefore, without compensation to the Grantee become the ~) • property of the Town and that the Grantee shall be entitled to no payment by reason of the value of the franchise. The property shall be maintained by Grantee in good order throughout the term of the franchise. The cost of the advertisement for bids required by statute shall be reimbursed to the Town by the Grantee. This ordinance is effective upon adoption and is adopted by recorded vote of the Town Council of the Town of Pulaski, Virginia on this 3rd day of April, 2001 as follows: Jeffrey S. Worrell -~.b-s-t a i n Bettye H. Steger ~~ Pauline G. Mitchell ATP James M. Neblett ~~ Daniel Talbert, Jr. Aye Kenneth M. Fleenor A v e E. G. Black, Jr. Aye Lane R. Penn A y e THE TOWN OF PULASKI, VIRGINIA B Y: ~ a~~ ~2~c-~/~ Charles W. Stewart, Jr., Mayor ATTEST: Patricia Pendergrast, CIe of Council ~~ • • I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2001-05, granting to Appalachian Power company a franchise for an electric light, heat and power transmission and distribution system in the Town of Pulaski, Virginia, is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on April 3, 2001. ~ ~ Patricia Cruise, Clerk of Council tp/c/ordinance/2001-OS C7