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There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called “Company,” and to its successors and assigns the right and franchise to acquire, construct, erect, maintain and operate in 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 the franchise the Company is granted the right of eminent domain, the exercise of which is subject to Council approval upon application by the Company. The franchise shall be effective for a 20-year period beginning on the effective date of the ordinance codified in this chapter
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(which shall be the date upon which the franchise ordinance is accepted by the Company); provided however, there may be a reevaluation prior to the end of year 10, with the opportunity for either party to request amendments in writing. If neither party requests such reevaluation by means of a written notice to the other party during the last 120 days of year 10, the franchise will continue as approved for the remaining 10 years. If a request to amend the franchise is submitted and the parties are unable to agree to amend the franchise, then the franchise may be terminated at the end of year 10 by either the City or the Company.
Notes
| 6 | † EDITOR’S NOTE: Ordinance No. 1509, adopting a natural gas franchise for the City, was passed and adopted on May 16, 2005. |
The Company shall furnish reasonable, adequate and efficient electric service to the residents of the City and shall maintain its systems in reasonable repair and working order and provide adequate facilities for such maintenance. The Company’s plant and equipment, including all transmission lines and other distribution facilities, shall be installed in accordance with good engineering practices and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with the rules of the Iowa Utilities Board or its successor, and the National Electrical Safety Code so as not to endanger or interfere with the lives of persons, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic to public ways, places and structures. The erection, installation, construction, replacement, removal, repair, maintenance, and operation of the electric system shall be in accordance with all applicable laws, regulations and codes of the State and all applicable ordinances, regulations and codes of the City.
All transmission and distribution structures, lines and equipment erected by the Company within the City shall be located as to cause minimum interference with the properties of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as to 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 so 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 prune or remove at Company expense any trees extending into any street, alley, or public ground 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 of trees shall be done to current nationally accepted safety and utility industry standards.
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