- Chapter 111 -
111.01 Franchise Granted
111.02 Regulatory Power of City
111.03 Placement of Poles
111.04 Relocation of Equipment
111.07 Construction and Operation Standards
111.08 Use of Company’s Distribution Poles
111.09 Quality of Service
111.01 FRANCHISE GRANTED. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the “Company,” and its successors and assigns, the right, franchise and privilege to acquire, construct, erect, maintain and operate in the City of Granger, Iowa, hereinafter called the “City,” a system for the transmission and distribution of electric energy along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell electric energy to the City and its inhabitants. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of the ordinance codified in this chapter, provided, however, that there may be a re-evaluation prior to the end of the fifteenth (15th) year, with the opportunity for both parties to request amendments. If neither party requests such re-evaluation by means of a written notice given to the other party at least 60 days prior to the end of year 15, then this franchise shall continue without change for the remaining 10 years.
111.02 REGULATORY POWER OF THE CITY. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa, 1999, or as subsequently amended or changed. This franchise shall not be exclusive. The Company agrees for and on behalf of itself, its lessees, successors and assigns that it shall at all times be subject to all rights, power and authority now or hereafter possessed by the City to regulate the manner in which the Company shall use the streets, alleys, avenues and public places of Granger, when not inconsistent with the authority and rights granted Company in this chapter and the rules and regulations of the Iowa Utilities Board.
111.03 PLACEMENT OF POLES. The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as excavate and bury conductors for the distribution of electric energy in and through the City, but all said conduits and poles shall be placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City. The Company is authorized and empowered to cut and trim at its expense, any trees extending into any street, alley, or public ground so as to prevent limbs or branches from interfering with the wires and facilities of the Company.
111.04 RELOCATION OF EQUIPMENT. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any public street or alley in the City in such manner as the City may at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley or any public improvement of, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement. If the City has a reasonable alternative route for the street, alley or public improvements which alternative route would not cause the relocation of the Company installations, the City shall give consideration to selecting such alternative route. If relocation of the Company facilities could be avoided by relocating other franchisee’s or facility user’s equipment and facilities, and said other franchisee’s or user’s cost of relocation is less than the Company’s, the City shall give consideration to selecting such alternative route.
111.05 EXCAVATIONS. In making excavations in any streets, avenues, alleys and public places for the excavation of conduits or the erection of poles and wires or other appliances, the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface, restoring the original condition as nearly as practicable, or as may be required by City ordinance.
111.06 INDEMNIFICATION. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned in whole or in part, by the Company’s negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this chapter; provided, however, the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or agents.
111.07 CONSTRUCTION AND OPERATION STANDARDS. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors.
111.08 USE OF COMPANY’S DISTRIBUTION POLES. The Company shall not permit any other utility, entity or person to construct or install any communications or telecommunications equipment or devices (not including wires, lines, cables and the equipment associated therewith) on the Company’s distribution poles, without that entity’s receiving prior approval of the City Council.
111.09 QUALITY OF SERVICE. During the term of the franchise, the Company shall furnish electric energy in the quantity and quality consistent with applicable Iowa laws and regulations. (Ord. 146 – Jul-00 Supp.)
Note: Ordinance No. 146 adopting an electric franchise for the City was passed and adopted on September 8, 1999.