City Council Study Session Agenda and Packet 2004 10 12

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DPS \56925 \478939.02 DRAFT CITY OF LOUISVILLE ORDINANCE through the City all Facilities reasonably necessary to furnish, sell, transmit, transport and distribute gas and electricity within and through the City. The rights granted in this franchise encompass the right to provide street lighting service to the City, which the Company agrees to provide in accordance with its PUC tariff. These rights shall extend to all areas of the City as it is now constituted and to additional areas as the City may increase in size by annexation or otherwise. If the boundaries of the City are expanded during the term of this franchise, the Company shall extend service to Residents in the expanded area at the earliest practicable time and in accordance with the Company's extension policy. Service to the expanded area shall be in accordance with requirements of the PUC and the terms of this franchise, including payment of franchise fees. The rights granted by this franchise are not, and shall not be deemed to be, granted exclusively to the Company, and the City reserves the right to make or grant a similar franchise to any other person, firm, or corporation. Except as otherwise specifically provided herein, the City retains the right through the exercise of its police power to use, control, and regulate the use of the Streets, and the space above and beneath said Streets. The City retains the right to impose such other regulations as may be determined by the City to be necessary in the reasonable exercise of its police power to protect the health, safety, and welfare of the public. §2.2 Term of Franchise. This franchise shall take effect upon its adoption and shall supersede any prior franchise grants to the Company by the City. The term of this franchise shall be twenty 20) years_ ARTICLE 3 FRANCHISE FEE §3.1 Franchise Fee. As consideration for the franchise rights granted herein, and in recognition of the fact that the grant to the Company of the right to use the Streets is a -3- Deleted: and obligation Deleted: pursuant to the requirements set forth herein for all other provision of utility services and Deleted: The Company shall exercise the franchise herein granted in accordance with the terms and conditions hereof and in compliance with any City enactment undertaken pursuant to such retained power. { Deleted: fifteen Deleted: 15