[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:
OTHER PUBLIC PLACE
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.
PUBLIC WAY
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.