Chapter XVI

UTILITIES AND FRANCHISES

• 16-3.1 Definitions.

• 16-3.2 Franchise Granted.

• 16.3.3 Term of Franchise.

• 16-3.4 Authority.

• 16-3.5 Responsibilities of Grantee.

• 16-3.6 Payment to Town.

• 16-4.1 Purpose.

• 16-4.2 Establishment of Solar Utility.

The franchise to construct, install, maintain and use in the streets of Town all poles, wires, conduit and appurtenances necessary or proper for transmitting and distributing electricity to the public for any and all purposes is hereby granted to Grantee.

(Ord. 08-01, § 2)

The franchise shall be for twenty-five (25) years. The franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission, be voluntarily surrendered or abandoned by Grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used or useful in the exercise of said franchise and situated in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by Grantee.

(Ord. 08-01, § 2)

The franchise is granted under the Franchise Act of 1937.

(Ord. 08-01, § 2)

a. Grantee shall relocate, without expense to Town, any poles, wires, conduit and appurtenances installed, maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by Town, including the construction of any subway or viaduct.

b. Grantee shall indemnify and hold harmless Town and its officers from all liability for damages proximately resulting from any operations under the franchise.

c. Grantee shall obtain encroachment permits for all excavations in the streets of Town and restore streets disturbed or altered as a result of Grantee's actions to the applicable and lawful Town ordinances, regulations and standards.

(Ord. 08-01, § 2)

a. Grantee shall during the term of said franchise pay to Town two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of Grantee derived from the sale of electricity within the limits of Town.

b. Grantee shall file with the City Clerk within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross of receipts of Grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within Town. Grantee shall pay to Town

within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by Grantee to file such verified statement, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of Grantee hereunder.

(Ord. 08-01, § 2)