An Ordinance to grant to-. its successors or assigns, the right for the term and upon the conditions herein

An Ordinance to grant to-. its successors or assigns, the right for the term and upon the conditions herein stated, to occupy and use the streets, avenues, alleys, parks and other public places of the Town of Washington Virginia and to acquire, erect, reconstruct, maintain and use, and if 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 reconstruct, 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 tor the purpose of distributing and transmitting electnc current tor light, heat, and power, and to supply and sell electric current for light, heat and power to any point within the corporate limits of the Town of 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-, hereinafter referred to as the grantee,' its successors and assigns, for the term and subject 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 jsower at any point within the corporate limits of the Town of 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 of the grantee, be issued by the Mayor or other proper administrative officer of the Town. When 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 location 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 fixtures and in stringing the wires as herein authorized the said grantee shall upon the granting of permission therefor by the Mayor ot the Town of Washington which permission shall not be unreasonably withheld, have the right to trim, cut and keep clear of 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 communications under this franchise, but the grantee shall have the right to install underground 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 for light, heat and power, or for transmitting CATV and telephone communications and to supply and sell electric current for light, heat and power at any point within the corporate limits of the Town of Washington.

Section 5. In the event that grantee shall, in the construction or repair of its works, injure 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 with public travel or do damaqe to public or private property.

Section 6. The said grantee shall, when so requested by the Council of the Town of 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 interfere 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 of Washington shall be subject to the approval of the grantee herein, and provided further that the said Town of Washington shall, and it hereby agrees to, indemnify and save harmless the said grantee from any and all loss, damage, cost or expense to, or which may be incurred by said grantee, or to which it may be subjected by reason of or as a result of the use of said poles and structures by the Town of 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 contained shall be construed to render said grantee liable for 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 of 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 and 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 reasonable rates, and to maintain its property in good 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 of 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 successor or successors, assignee or assignees shall be sublet 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 properly and franchise granted shall not be deemed to be in any manner waived or abridged

Section 12. The rights and privileges hereby granted shall continue for a period of 25 years beginning September 14,1983, and shall expire September 14, 2008, 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 its written acceptance thereof, in form satisfactory to 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 for 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 manner prescribed by law for franchise grants

Section 16. This ordinance shall be in force from its passage

Passed by the Town Council of the Town of Washington and approved by the Mayor on the 3 day of August 1983

J. Newbill Miller

Mayor of the Town of Washington, Virginia

I, Dorothy P. Clater, Clerk of the Council of the Town of Washington, Virginia, do certify that the foregoing ordinance was duly adopted by a unanimous vote of the members ot the Council of the Town of Washington, Virginia, on August 3. 1983, and that said ordinance has been approved by the Mayor ot the Town of Washington

Dorothy P. Clater

Clerk of the Council of the Town

of Washington, Virginia TO WHOM IT MAY CONCERN:

Bids are invited for the franchise, privileges, rights and constructions proposed to be granted in the foregoing ordinance, which bids are to be in writing and to be delivered to Newbill Miller, Mayor of the Town of Washington. Virginia, between 7:30 o'clock p.m. and Soclock p m. on the 14 day of September, 1983, in the meeting place of the Council in Washington, Virginia, which is the Courthouse, Washington, Virginia, at which time the Council of the Town of Washington will meet and consider said bids in accordance with law.