CHAPTER 111

ELECTRIC FRANCHISE

111.01  Franchise Granted

111.08  Relocating Company Facilities/Reimbursement

111.02  State Code Restrictions

111.09  City Held Harmless

111.03  Utility Pole Usage

111.10  Sharing Information

111.04  Tree Trimming

111.11  Iowa Utilities Board Governance

111.05  Relocation of Services

111.12  Quality and Quantity of Electricity

111.06  Care of Public Property

111.13  Law Enforcement Regulations

111.07  Vacating or Selling Land

 


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 and franchise to acquire, construct, erect, maintain and operate in the City of Princeton, Iowa, hereinafter called the “City,” a system for the transmission and distribution of electric energy and communications signals 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. For the term of this franchise, the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of the ordinance codified by this chapter.

111.02    STATE CODE RESTRICTIONS.  The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa, 2009, or as subsequently amended or changed.

111.03    UTILITY POLE USAGE.  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 and communications signals in and through the City, but all said conduits and poles shall be placed as not to unreasonably 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. 

111.04    TREE TRIMMING.  The Company is authorized and empowered to prune or remove at Company expense any tree extending into any street, alley or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning and removal of trees shall be done in accordance with current nationally accepted safety and utility industry standards and Federal and State law, rules and regulations.

111.05    RELOCATION OF SERVICES.  The Company shall, excluding facilities located in private easements (whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including Company's tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended (“Tariff”), at its cost and expense, locate and relocate its existing facilities or equipment in, on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley.  If the City has a reasonable alternative route for the street, alley or public improvements or an alternative construction method, which would not cause the relocation of the Company installations, the City shall select said alternative route or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals. If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City's portion of the project, the City shall either timely remove the trees at its cost or reimburse the Company for its expenses for such removals.  If project funds from a source other than the City are available to pay in whole or in part for the relocation of utility facilities, the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation.

111.06    CARE OF PUBLIC PROPERTY.  In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of conductor, 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 condition as existed immediately prior to the Company excavation.  The Company shall not be required to restore or modify public right-of-way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition or to a condition exceeding its previously existing condition to the extent any alterations are required for the City to comply with City, State or Federal rules, regulations or law.

111.07    VACATING OR SELLING LAND.  The vacation or sale by the City of a street, avenue, alley, public ground, public place, or public right-of-way shall not deprive the Company of its right to operate and maintain, renew, replace and reconstruct its utility facilities located on, below, across, above, or beneath the vacated property. Prior to abandoning or vacating any street, avenue, alley, public ground, public place or public right-of-way where the Company has electric facilities, the City shall grant the Company an easement for said facilities and their continued location, operation, maintenance, renewal, replacement and reconstruction. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain equivalent easements for existing Company facilities and reimburse Company for any relocation necessitated thereby.

111.08    RELOCATING COMPANY FACILITIES/REIMBURSEMENT.  The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right-of-way that have been relocated at Company expense at the direction of the City at any time during the previous 10 years.  Pursuant to relocation of Company facilities as may be required by this chapter, if the City orders or requests the Company to relocate its existing facilities or equipment in order to directly or indirectly facilitate the project of a commercial or private developer or other non-public entity, the City shall reimburse or the City shall require the developer or non-public entity to reimburse the Company for the cost of such relocation as a precondition to relocation.  The Company shall not be required to relocate in order to facilitate such private project at its expense.

111.09    CITY HELD HARMLESS.  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, to the extent caused or occasioned by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents.

111.10    SHARING INFORMATION.  Upon reasonable request, the Company shall provide the City, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right-of-way, of all equipment which it owns or over which it has control that is located in City right-of-way, including documents, maps and other information in paper or electronic or other forms (“information”).  The Company and City recognize the information may in whole or part be considered a confidential record under State or Federal law or both.  Therefore, the City shall not release any information without prior consent of the Company and shall return the information to Company upon request.  City recognizes that Company claims the information may constitute a trade secret or is otherwise protected from public disclosure by State or Federal law on other grounds and agrees to retain the information in its non-public files.  Furthermore, the City agrees that no documents, maps or information provided to the City by the Company shall be made available to the public or other entities if such documents or information are exempt from disclosure under the provisions of the Freedom of Information Act, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, and Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time.

111.11    IOWA UTILITIES BOARD GOVERNANCE.  The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law.

111.12    QUALITY AND QUANTITY OF ELECTRICITY.  During the term of this franchise, the Company shall furnish electricity consistent and in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law.

111.13    LAW ENFORCEMENT REGULATIONS.  All reasonable and proper police regulations shall be adopted and enforced by the City for the protection of the facilities of the Company.


EDITOR’S NOTE:  Ordinance No. 111, adopting an electric franchise for the City, was passed and adopted on December 9, 2010.