(A) Notwithstanding any payments made by a customer or developer to Avilla, covering the cost of a line extension or other form of system modification, addition or upgrade partially or fully funded by customer or developer, the title to such facilities and equipment shall be and remain the property and responsibility of Avilla. No use, however extended, of Avilla’s electrical system, or payment of any costs, fees or charges required hereunder shall create or vest in customer or developer any claim of right, possession, title, interest or ownership in such facilities. Likewise, customer or developer shall not be entitled to interest on any amount advanced to assist in financing such extensions or installations.
(B) Nothing in this Rates, Rules & Regulations shall be construed to compel Avilla to construct, reconstruct, retain, extend, repair, place, replace or maintain any facility which, in Avilla’s sole discretion, is not needed for its own purposes. Avilla and its successors and assigns shall have the right to operate, relocate and maintain its facilities in such a manner as will best enable it, in its sole discretion, to fulfill its service requirements.
(C) No radio, wireless telegraph, wireless telephone or any other equipment may be connected to Avilla’s lines, poles, cross arms or structures, except in accordance with the requirements of Avilla and upon written permission obtained from Avilla for each installation.
(D) Avilla will own, install and maintain the necessary distribution transformers unless otherwise expressly provided for.
(Ord. 1406-6-02, passed 6-18-2002)