[HISTORY: Adopted by the Town Council of the Town of Hillsville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Franchises — See Ch. A180.
[Adopted 6-27-2016[1]]
All public service corporations possessing franchises from the
Town for the use of its streets and sidewalks may install such utility
poles in the streets as may be required for their purposes, subject
to the approval of the Town Manager or other authorized agent of the
Town.
All utility poles of any public service corporation possessing
a franchise from the Town for the use of its streets shall be located
or moved under the supervision and direction of the Town Manager or
other authorized agent of the Town.
All public service corporations using utility poles pursuant
to franchises granted by the Town shall be required, wherever possible,
to jointly use the same poles. Specific portions or parts of any such
utility pole to be jointly used shall be assigned for the use of each
such company involved by the Town Manager or other authorized agent
of the Town.
Any public service corporation possessing franchises from the
Town which owns utility poles within the Town and abandons any poles
must remove them at the discretion of the Town Manager or other authorized
agent of the Town. Poles are considered abandoned when the owner of
the pole is no longer providing permanent use for his or her utility
and may not be used solely for leasing to other utilities. Ownership
of the poles cannot be transferred nor leased without the consent
of the Town Manager or other authorized agent.
All pipes, lines, conduits and equipment of any public service
corporation operating under a franchise granted by the Town, including
all necessary parts of any gas system, natural or artificial, or mixed
gas equipment, laid or placed in the Town shall be located in the
streets, alleys, and other places in the Town so as not to obstruct
or interfere with any water pipes, sewer lines, installations, or
other structures already installed or hereafter to be installed. The
company shall, when practicable, avoid the use of any alley, street,
highway or public way, where the paving or surface of the street would
be disturbed, and all installations, repairs and relocation shall
be done in accordance with the ordinances of the Town pertaining to
the opening of streets, alleys or public ways.
No public service corporation operating under a franchise granted
by the Town shall sell, transfer any rights under its franchise without
the Town Council's approval. No such sale or transfer shall be
asked until the vendee, assignee or lessee has filed with the Town
Clerk an instrument duly executed reciting the fact of such sale,
assignment or lease, and acceptance of all the terms of the franchise
in force and agreeing to perform all the conditions thereof.
If any public service corporation, its vendee, lessee, assigns,
or successors, violate any of the provisions of this article, or any
other ordinance pertaining to its operation, or any rules or regulations
incorporated herein, or of other ordinances of the Town, or any material
parts thereof, or shall fail or refuse to promptly perform any of
the provisions hereof, such failure shall be sufficient cause for
the Town to revoke all the rights granted under their franchise after
written notice to the corporation of its failure to comply, and subsequent
continuation of the violation, failure or default.
