[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville
5-2-1977 by Ord. No. 88. Amendments noted where applicable.]
The Mayor and Council of the Town of Selbyville does hereby grant to
Delmarva Power and Light Company, a corporation of the State of Delaware,
a franchise for the purpose of transmitting and/or distributing electric current
for light, heat and power, and to construct, maintain and use and, if now
constructed, to maintain and use poles, towers, wires, cables, conduits, including
manholes and other equipment, appliances and property useful or necessary
for the transmission and/or distribution of electric energy in, over, along
and under any public way of the Mayor and Council of the Town of Selbyville,
and to supply and sell electric current for light, heat and power at any point
within the corporate limits of the Mayor and Council of the Town of Selbyville,
as the corporate limits now exist or may hereafter be extended or altered
pursuant to the Charter of the Mayor and Council of the Town of Selbyville
under the terms and conditions hereinafter set forth.
The rights and privileges herein set forth are granted and conferred
upon Delmarva Power and Light Company upon the express condition and understanding
on the part of Delmarva Power and Light Company that it will render to the
public in the Mayor and Council of the Town of Selbyville at all times during
the term of this ordinance an efficient electric light, heat and power service
at reasonable rates and that it will maintain its aforesaid properties, works
and systems in said the Mayor and Council of the Town of Selbyville in good
working condition and order throughout the term of this ordinance. Delmarva
Power and Light Company, by accepting the franchise granted by this ordinance,
expressly agrees that the Public Service Commission of the State of Delaware
shall have jurisdiction to a full extent in the manner now or hereafter granted
to it by legislation enacted by the General Assembly of the State of Delaware
during the term of this ordinance requiring Delmarva Power and Light Company
to render efficient electric service, as aforesaid, at reasonable rates, and
to maintain its aforesaid properties, works and systems in good order and
condition, and otherwise to enforce the provisions of this ordinance to the
full extent provided by law.
From and after the date on which this ordinance shall become effective,
the poles and other equipment, appliances and property of Delmarva Power and
Light Company over and/or under the public ways and in, over, along and under
the public ways of the Mayor and Council of the Town of Selbyville authorized
by this ordinance to be constructed or located or maintained or used shall
be located from time to time at such reasonable, suitable and convenient places
and in such manner as shall be determined by Delmarva Power and Light Company;
provided, however, that Delmarva Power and Light Company shall remove and
relocate any of its poles and/or any of its other equipment, appliances and
property under any of the following circumstances:
A.
Which shall, in the opinion of the Mayor and Council
of the Town of Selbyville, interfere with the location, operation, maintenance,
repair or replacement of any pipeline and/or main used for conveying sewage
and/or water or any other equipment, appliances or appurtenances thereto,
whether constructed, installed or emplaced heretofore or hereafter;
B.
Which shall, in the opinion of the Mayor and Council
of the Town of Selbyville, interfere with the safety or convenience of persons
traveling or using such public ways; or
C.
Which, in the opinion of the Mayor and Council of the
Town of Selbyville, interfere with the repair, maintenance, construction or
reconstruction of any public way, including sidewalks and curbs.
From and after the date on which this ordinance shall become effective,
the poles and other equipment, appliances and property of Delmarva Power and
Light Company located in, over, along and under any public place, other than
a public way, may be maintained, replaced or repaired; provided, however,
that before any additional equipment, appliances and property of Delmarva
Power and Light Company shall be placed in, over, along or under any other
public place, except for a public way, Delmarva Power and Light Company shall
receive the written concurrence of the Mayor of the Mayor and Council of the
Town of Selbyville. Failure to secure such concurrence may, in the discretion
of the Mayor and Council of the Town of Selbyville, result in termination
of this franchise; provided, however, that such poles and other equipment,
appliances and property of Delmarva Power and Light Company shall be removed
and relocated if such poles and/or any other equipment and appliances shall,
in the opinion of the Mayor and Council of the Town of Selbyville, interfere
with the exercise of any power, express or implied, granted to the Mayor and
Council of the Town of Selbyville by the General Assembly of the State of
Delaware.
If Delmarva Power and Light Company shall, in the construction, maintenance,
repair or replacement of any of its equipment, appliances and property, injure
any pavement, sidewalk, sewer pipeline, water pipeline, street paving, or
any other property belonging to the Mayor and Council of the Town of Selbyville,
Delmarva Power and Light Company, upon notice from the Mayor, shall promptly
repair the same at its own cost and expense and without any expense or liability
to the Mayor and Council of the Town of Selbyville.
Delmarva Power and Light Company shall, when requested by the Mayor
of the Mayor and Council of the Town of Selbyville, permit its poles or towers
to be used, without compensation, by the Mayor and Council of the Town of
Selbyville for the purpose of placing thereon any traffic lights,
fire or police alarms, signal lights, traffic signs or communication wires
which may be necessary for the exclusive use of the Police or Fire Departments
of the Mayor and Council of the Town of Selbyville; provided, however, that
such use by the Mayor and Council of the Town of Selbyville shall not result
in undue interference, as determined by Delmarva Power and Light Company,
with the proper use of said poles or towers by Delmarva Power and Light Company
or create an unsafe condition; and provided further, that the location and
character of such wires and fixtures of the Mayor and Council of the Town
of Selbyville shall be installed as mutually agreed upon between Delmarva
Power and Light Company and the Mayor and Council of the Town of Selbyville;
and provided further, that the Mayor and Council of the Town of Selbyville
shall indemnify and save Delmarva Power and Light Company harmless from any
and all loss, damage, cost or expense to or which may be incurred by Delmarva
Power and Light Company, or to which Delmarva Power and Light Company may
be subjected by reason of or as a result of the use of said poles or towers
by the Mayor and Council of the Town of Selbyville, as authorized and permitted
by this ordinance.
Delmarva Power and Light Company, by the acceptance of the terms of
this franchise, shall indemnify, keep and hold the Mayor and Council of the
Town of Selbyville free and harmless from liability on account of any injury
or damage to persons or property growing out of the construction, improvement,
repair and operation of its equipment, appliances, properties or works. Delmarva
Power and Light Company, as a condition of this franchise, shall defend the
Mayor and Council of the Town of Selbyville in the event that suit shall be
brought against the Mayor and Council of the Town of Selbyville, either independently
or jointly with Delmarva Power and Light Company. Delmarva Power and Light
Company shall, if final judgment is obtained against the Mayor and Council
of the Town of Selbyville or Delmarva Power and Light Company, either jointly
or severally, shall pay said judgment, together with all costs and attorney's
fees, and shall hold the said Mayor and Council of the Town of Selbyville
harmless therefrom; provided, however, that nothing contained herein shall
be construed to render Delmarva Power and Light Company liable for the negligence
of the Mayor and Council of the Town of Selbyville, its agents, servants or
employees or of any other person, firm or corporation.
Delmarva Power and Light Company shall avoid all unnecessary damage
to the trees in and along the streets, alleys and public places of the Mayor
and Council of the Town of Selbyville in the location and erection of the
poles, equipment, appliances or property, and in the location of distribution
and/or transmission lines as authorized herein, and shall not cut, nor otherwise
injure said trees to any greater extent than is reasonably necessary in the
performance of its obligations under the terms of the franchise granted by
this ordinance.
The terms of this franchise, and the rights and privileges hereby granted
to Delmarva Power and Light Company, shall be for a period of 25 years, commencing
on the second day of May, A.D. 1977, and terminating on the first day of May,
A.D. 2002; provided, however, that the term of this franchise shall be automatically
extended for successive additional five-year periods under the same terms
and conditions as set forth herein unless the Mayor and Council of the Town
of Selbyville gives written notice by certified or registered mail with return
receipt requested, directed to Delmarva Power and Light Company, on or before
the first day of December, A.D. 2001, or a similar date if this franchise
is extended for the additional five-year periods, said notice to be effective
to be received by Delmarva Power and Light Company on or before the first
day of December, A.D. 2001, or similar date if this franchise is so extended;
provided, however, that Delmarva Power and Light Company may, with the consent
of the Town Council voluntarily surrender the franchise granted by this ordinance.
For the purpose of carrying into effect the rights and privileges granted
by this ordinance, Delmarva Power and Light Company is authorized to make
the necessary excavation of the public ways of the Mayor and Council of the
Town of Selbyville, but such excavations shall be done with reasonable dispatch
and with the least practicable interference with or inconvenience to, the
rights of the public.
Delmarva Power and Light Company is hereby authorized to transfer the
franchise granted by this ordinance to any successor or successors, assignee
or assignees of Delmarva Power and Light Company, such assignment without
the written consent of the Town Council, but such transfer without the written
consent of the Town Council shall not relieve Delmarva Power and Light Company
from the provisions, obligations and stipulations herein granted; provided,
however, that upon written concurrence by the Mayor and Council of the Town
of Selbyville of such assignment or transfer, Delmarva Power and Light Company
shall be relieved from any further obligation prescribed to be performed by
it under the terms of this ordinance.
Delmarva Power and Light Company is hereby granted the right, insofar as the Mayor and Council of the Town of Selbyville may lawfully grant such right, to operate the existing poles, towers, wires, appurtenances, equipment, appliances and properties located within the corporate limits of the Mayor and Council of the Town of Selbyville on the date this franchise becomes effective and heretofore operated as electric light, heat and power transmission and/or distribution system within the Mayor and Council of the Town of Selbyville as a part of the transmission and/or distribution system of Delmarva Power and Light Company under the terms and conditions set forth in § A204-3 hereof.
For the purposes of this ordinance, the following definitions shall
apply, unless the context clearly indicates to the contrary:
Shall mean and include any property owned or vested in the Mayor
and Council of the Town of Selbyville other than a public way, including but
not limited to parks and other property owned or under the control of the
Mayor and Council of the Town of Selbyville located within the corporate limits
of the Mayor and Council of the Town of Selbyville.
Shall mean any street, avenue, boulevard, thoroughfare, lane or alley
located within the corporate limits of the Mayor and Council of the Town of
Selbyville.
Insofar as the terms hereof may be inconsistent with the laws of the
State of Delaware, the laws of the State of Delaware will determine the rights
and responsibilities of the parties.
