§ 5-2-20. Grant of franchise.

(a)

Grant of franchise. The Town of Wellington hereby grants to the Association, for the period specified in and subject to the conditions, terms and provisions contained in this franchise, a nonexclusive right to furnish, sell and distribute electricity to the Town and to all residents of the Town. Subject to the conditions, terms and provisions contained in this franchise, the Town also hereby grants to the Association a nonexclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute electricity within and through the Town and a nonexclusive right to make reasonable use of the streets and other public places and public easements as may be necessary to carry out the terms of this franchise. These rights shall extend to all areas of the Town as it is now constituted and to additional areas as the Town may increase in size by annexation or otherwise.

(b)

Street lighting service. The rights granted in this franchise encompass the nonexclusive franchise to provide street lighting service to the Town and the provisions of this franchise apply with full and equal force to the street lighting service provided by the Association. Wherever reference is made to the sale of electricity or to the provision of electric service in this franchise, these references shall be deemed to include the provision of street lighting service. Wherever reference is made to Association facilities, equipment, system or plant in this franchise, this reference shall be deemed to include Association owned street lighting facilities, equipment, system and plant.

(c)

Term of franchise. This franchise agreement shall take effect thirty (30) days after its execution. The term of this franchise shall begin with said effective date of this franchise and expire on August 13, 2030.

The grant of this franchise shall have no effect on the Grantee's duty under prior Ordinances and franchise agreements, and all amendments thereto, or any ordinance in effect prior to the effective date of this franchise to indemnify or insure the Town against acts and omissions of the Association.

(Ord. No. 13-2009 , Art. 2, 12-8-09; Ord. No. 5-2010)