111.01 Purpose | 111.12 Information |
111.02 Franchise Granted | 111.13 Applicable Regulations |
111.03 Rights and Privileges | 111.14 Franchise Fee |
111.04 Poles and Wires | 111.15 Management Fees |
111.05 Location and Relocation | 111.16 Home Rule |
111.06 Excavations | 111.17 Insurance |
111.07 Utility Easement | 111.18 Binding Agreement |
111.08 Relocation Not Required | 111.19 Termination |
111.09 Relocation Reimbursement | 111.20 Severability |
111.10 Indemnification | 111.21 Litigation |
111.11 Trees | 111.22 Effective |
Ordinance No. 9506 (City Code Sections 111.01 through 111.07 both inclusive) and all amendments and supplements thereto shall upon the effective date of this Ordinance be repealed and replaced by this Ordinance. Upon the effective date of this Ordinance, all prior electric franchises granted to MidAmerican Energy Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed.
There is hereby granted to MidAmerican Energy Company, an Iowa corporation (hereinafter called the “Company”), and to its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain, and operate in the City of Carroll, Iowa (hereinafter called the “City”), a system for the transmission and distribution of electric energy and communications signals along, under, over, and upon the public streets, avenues, rights-of–way, and alleys of the City (collectively “public street” or “public streets”) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants. The Company is granted the right to exercise of powers of eminent domain, subject to City Council approval by resolution. The term “communications signals” refers to Company owned equipment that is used solely to monitor and communicate the status of the electric energy system to the Company’s control center. The City Council reserves to itself the right to extend this franchise to other public places or public grounds at the request of the Company. This franchise shall be effective for a twenty (20) year period from and after the effective date of this ordinance;
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provided, however, that either the City or the Company may, during the first ninety (90) days following the fifth, tenth, or fifteenth anniversaries of the effective date of the franchise, provide written notice to the other party of its desire to amend the franchise. The parties may negotiate for a period of up to ninety (90) days following receipt of notice. If, at the conclusion of the negotiation period, the City determines in good faith that the franchise, if continued without amendment, will have a material or significant adverse impact on the City or the Company’s electric customers located within the corporate limits of the City, the City may terminate the franchise. Failure to amend the franchise at the first or second date option does not render invalid the City’s second option or third option to amend or terminate. If neither party requests such negotiations at year five, year ten, or year fifteen, the franchise will continue through the conclusion of twenty years from its initial approval date.
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