ORDINANCE NO. 02-10
AN ORDINANCE GRANTING (FRANCHISE) TO LICKING RURAL ELECTRIFICATION, INC. THE RIGHT TO MAINTAIN AND OPERATE IN THE PUBLIC GROUNDS WITHIN THE VILLAGE OF GRANVILLE, LINES FOR THE TRANSMISSION AND DISTRIBUTION OF AN ELECTRICAL LIGHTING AND POWER DISTRIBUTION SYSTEM IN THE VILLAGE OF GRANVILLE
WHEREAS, certain licenses to use the streets, avenues, alleys, thoroughfares, lanes, sidewalks, bridges and all other public grounds and places must be granted to Licking Rural Electrification, Inc. (“Grantee”), in order to provide a power distribution system and electricity for power and light purposes in certain portions of the Village as shown on the attached map; and
WHEREAS, among other things, the Village of Granville would like to protect any trees planted along its streets and public right of way for the betterment of the Village; and
WHEREAS, Licking Rural Electrification, Inc. already has underground electrical service for the areas it serves in the Village, namely the northern section of Glyn Tawel Drive, portions of Milner Road, and all of Merywen Circle.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO THAT:
SECTION 1. Licking Rural Electrification, Inc., an Ohio not for profit corporation, is hereby granted the franchise and authority to acquire, construct, maintain and operate in and under the streets, avenues, alleys, lanes, sidewalks, bridges, and all other public grounds and places of the Village of Granville. The Grantee is also granted the franchise and authority to install, maintain and use such poles, wires, cables, lines, lamps, transformers and other appliances, for the transmission and distribution of electric energy by means of underground conductors, with all the desirable appurtenances, including electric substations, to render public utility services as may be necessary for the transmission, transformation, utilization and sale of electrical energy, the operation and maintenance of electrical circuits and the furnishing of electric light, power and heat for the public and private use within the Village of Granville. The purpose of this section is to prohibit the installation of infrastructure or appurtenances as overhead facilities without the expressed authorization of the Village Council.
SECTION 2. Any such poles, appurtenances and appliances shall be constructed so as to interfere as little as possible with the proper use of the streets, thoroughfares, avenues, alleys, lanes, sidewalks, bridges and other public grounds, public places, and trees.
SECTION 3. This franchise shall be limited to the existing service area of Licking Rural Electrification, Inc. as shown on the attached map (Exhibit A) or as that service area may be amended by the Public Utilities Commission of Ohio.
SECTION 4. The Grantee shall hold the Village of Granville harmless against damage for any and all injuries arising from Licking Rural Electrification, Inc.’s negligence in constructing, operating or maintaining said electrical distribution system, provided that Licking Rural Electrification, Inc., its successors and assigns, shall forthwith, within twenty (20) days from the filing of any such claims, or institution of any action, be notified in writing by the Village of Granville, and Licking Rural Electrification, Inc. shall have the right and opportunity to conduct the defense or negotiation for settlement of any and all such claims, demands or actions.
Section 5. Wherever in this Ordinance reference is made to the Village of Granville, the Grantee or Licking Rural Electrification, Inc., it shall be deemed to include their respective successors and/or assigns; and all rights, privileges, franchises, obligations herein contained by or on behalf of the Village of Granville or by or on behalf of the Grantee shall be binding upon, and inure to the benefit of, the respective successors or assigns of the Village of Granville or of the Grantee, whether so expressed or not.
SECTION 6. The rights, privileges and authority granted by this Ordinance (franchise) shall continue for a period of twenty (20) years from the date of the passage of this Ordinance; and then it shall continue in full force and effect thereafter year-to-year unless expressly superseded by a validly enacted ordinance.
SECTION 7. This Ordinance shall be accepted by Licking Rural Electrification, Inc. within sixty (60) days from the date of passage of same.
SECTION 8. This Ordinance shall take effect upon the earliest date permitted by law.
Adopted the 3rd day of March, 2010.
ORDINANCE NO. 02-10