NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING

Pursuant to Section 15.1-431 of the Code of Virginia, 1950, as amended, notice is hereby given th^t the town council of Washington, Virginia, will hold a public hearing on August 3, 1983 at 7:30 p.m. at the Rappahannock County Court House, Washington, Virginia, on the following ordinance:

An Ordinance to grant to Potomac Edison Power Company, its successors or assigns, the right for the term and upon the contitions herein slated to occupy and use the streets avenues alleys, parks and other public places ot the Town ot Washington. Virginia and to acquire, erect! reconstruct, maintain and use, and it now constructed to reconstruct, maintain and use, poles! wires, CATV and telephone lines and appliances over and along and to acquire, construct maintain and use, and if now constructed to recontruct, maintain and use, conduits or subways! including necessary manholes and to run cables and wires in, under and along the streets, avenues, alleys, parks and other public places of the Town of Washington lor the purpose ot distributing and transmitting electric current for light, heat, and power, and to supply and sell electric current for light, neat and power to any point within the corporate limits of the Town ot Washington, as the same now exists or may hereafter be extended or altered

BE IT ORDAINED BY THE COUNCIL OF THE TOWN Of WASHINGTON

Section 1. That the right is hereby granted unto Potomac Edison Power Company, here inafter referred to as the "Grantee,: its successors and assigns, lor the term and subiect to the conditions and limitations hereinafter stated, to occupy and use the streets, avenues, alleys, parks, and other public places of the Town of Washington, and to acquire, erect, reconstruct, maintain and use, if now constructed to reconstruct, maintain and use poles, wires, CATV, and telephone lines and appliances over and along, to acquire, construct, maintain and use, and if now constructed to reconstruct, maintain and use, conduits or subways, including necessary manholes and to run cables and wires in and under and along the streets, avenues, alleys, parks and other public places of the Town of Washington, for the purpose of distributing and transmitting electric current for light, heat and power and to supply and sell electric current for light, heat and power at any point within the corporate limits of the Town ot Washington, as the same now exists or may hereafter be extended or altered Such poles, wires, CATV and telephone lines and appliances described herein shall be limited to providing power and other services for distribution within the immediate service area

Section 2. From and after the date on which this ordinance shall become effective, the poles and other structures in, under and along the streets, avenues, alleys, parks and other public places of the Town of Washington authorized by this ordinance to be located and constructed, shall be located at reasonably suitable and convenient points, and permits for the location of said poles and other structures may from time to time, on application ol the grantee, be issued by the Mayor or other proper administrative officer ol the Town Wfien plans showing the location of such poles or structures as aforesaid, shall have been presented to the Town and permits issued for the same, said plans shall be effective and binding to the same extent as if they were set out fully and at length in this ordinance However, the Town of Washington is bound by this ordinance to give the grantee a permit for some reasonable and practical loca-. tion for each pole and other structure that is required in order that the grantee may meet and discharge its duties as a public service corporation

Section 3. In the location and erection of the poles, conduits and other structures and fix tures and in stringing the wires as herein authorized the said grantee shall upon the granting of permission therefor by the Mayor of the Town ofrWashington, which permission shall not be unreasonably withheld, nave the right to trim, cut ano'keep clear ol its wires and fixtures the trees in and along the streets, avenues, alleys, parks and other public places of the Town of Washington, but shall not cut or otherwise injure said trees to any greater extent than is reasonably necessary in the construction, reconstruction, maintenance and operation of the said poles, wires, fixtures and other structures of the said grantee as herein authorized and provided

Section 4. Overhead wires are to be used for transmitting electric current. CATV and telephone communcations under this franchise, but the grantee shall have the right to install under ground conduits in the streets, avenues, alleys, parks and other public places of the Town of Washington for the purpose of distributing and transmitting electric current lor light, heat and power, or for transmitting CATV and telephone communications arid It) supply and sell electric current for light, heat and power at any point within the corporate limits ol the Town of Washing ton

Section 5. In the event that grantee shall, in the construction or repair of its works, in|ure any sewer, water or other pipe or works belonging to the Town or other utility, it shall, upon notice thereof from the mayor or other designated official, promptly repair the same at its own cost and expense. Any conduits, ducts, mains and pipes which shall be laid by the said grantee, under this ordinance, shall be so laid as not to unnecessarily obstruct or interfere witn public travel or do damage to public or private property

Section 6. The said grantee shall, when so requested by the Council of the Town ol Washington, permit its poles and other permitted structures to be used without compensation by said Town of Washington for the purpose of placing thereon any fire or police alarm, telegraph or telephone wires which may be necessary for the exclusive use of the police or fire department of the Town of Washington, provided that such use by the Town of Washington shall not inter fere with the proper use of said poles, structures and fixtures by the said grantee, and that the location and character of said wires and fixtures of the Town ol Washington shall be subject to the approval of the grantee herein, and provided further that the said Town ol Washington shall, and it hereby agrees to, indemnify and save harmless the said grantee from any arid all loss, damage, cost or expense to, or which may be incurred by said grantee or lo which it may be subjected by reason of or as a result of the use of said poles and structures by the Town ot Washington as in this section provided

Section 7 The said grantee agrees and binds itself by the acceptance of this ordinance, to idemnify, keep and hold the Town of Washington free and harmless from liability on account of injury or damage to person or property growing out of the construction reconstruction, improvement, maintenance, repair and operation of its lines or works, but nothing herein con tamed shall be construed to render said grantee liable tor the negligence of the Town of Washington, its agents or employees, or any other person or corporation

Section 8 The rights and privileges herein set forth are granted and conferred upon the said grantee, upon the express condition and understanding on the part ol the said grantee, that it will render to the public in the Town of Washington within the territory served by the said grantee, at all times during the term of this ordinance, an efficient light arid power service at reasonable rates, and that it will maintain its properties, works and structures located within the Town of Washington in good order throughout the term of this grant and the said grantee by accepting this ordinance expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the manner now or hereafter during the life of this ordinance provided by law, to require the said grantee to render an efficient service at reasona ble rates, and to maintain its property in gooa order throughout the term of this grant, and to otherwise enforce the provisions of this section to the full extent provided by law

Section 9. Any person who shall maliciously or wrongfully tamper or interfere with, cut, injure or destroy any of the poles, wires, fixtures or any property ot said grantee constructed and maintained in accordance with the provisions of this ordinance within the corporate limits of the Town of Washington shall, on conviction thereof, be fined not less than ten dollars nor more than one hundred dollars

Section 10 All of the rights and privileges hereby granted to said grantee, may be exercised by any successor or successors, assignee or assignees of the said grantee, but said sue cessor or successors, assignee or assignees shall be subject to all the provisions, obligations, stipulations and penalties herein prescribed

Section 11 The right of the Town to impose any lawful franchise, license property or any other tax upon the property and franchise granted shall not be deemed to be m any manner waived or abridged

Section 12 The rights and privileges hereby granted shall continue for a period of twenty five (25) years beginning upon adoption of this ordinance, unless the same be sooner voluntarily surrendered by the said grantee, with the consent of the Town Council of the Town of Washington, or unless the same be sooner forfeited as provided by law

Section 13 The Town of Washington shall have the right to forfeit the grant of the privileges, rights and franchises herein granted in the event the grantee shall fail to maintain its property in good order and condition throughout the term of this grant and secure to the public efficient service at rates deemed reasonable by the State Corporation Commission or the body of the Commonwealth of Virginia having the legal right to fix such rates

Section 14 This ordinance and the rights and privileges herein granted and conferred shall not become effective unless and until the grantee shall file with the Clerk of the Town Council of the Town of Washington, Virginia, and shall have entered into a bond, in the sum of $100, with security satisfactory to the Town Council of the Town of Washington Virginia, or $100 cash in lieu of bond conditioned to the effect that the grantee will construct and maintain or if constructed, maintain the property provided tor and reasonably necessary for the exercise of the rights and privileges granted in and by this ordinance, and will maintain the same in good order throughout the term of this grant, and will comply in all respects with the terms, conditions and provisions of this ordinance

Section 15. That upon the approval of this ordinance by the Mayor of the Town of Washington it shall be the duty of the Town Clerk to cause to be advertised once a week, for four successive weeks, in the newspapers published in Rappahannock County. Virginia and having general circulation in the Town of Washington. Virginia, the draft of the ordinance contained in the foregoing sections, and in addition he shall, by such advertisement invite bids for the privileges and rights proposed to be granted by the said ordinance which bids shall be in writing and shall be delivered to the presiding officer of the Town Council of the Town of Washington in open session at the day and hour of the next regular meeting of the said body to be held next after such advertisement is completed, which bids shall then be presented to the Town Council by the said presiding officer to be dealt with and acted upon in the mariner prescribed by law for franchise grants

Any citizen or resident of the town desiring to be heard should be present at this meeting. Copies of this ad are availabte at the Clerk's Office in Washington. Virginia

This notice is being run once a week for two (2) consecutive weeks as required by law, in the Rappahannock News, a newspaper published in and having general circulation in the County of Rappahannock, Virginia.