111.04 POLES AND WIRES.

The Company shall have the right to erect all necessary poles on public streets and to place thereon the necessary wires, fixtures, and accessories as well as to excavate and bury conduits or conductors in public streets for the distribution of electric energy and communications signals in and through the City, provided (i) the same shall be placed in accord with this franchise, ordinances, and policies of the City adopted by resolution or motion of the Council regarding the placement of equipment, structures, facilities, accessories, or other objects in public streets, including regulations that assign corridors or other placements to users of the public streets that may be adopted regarding separation of structures, facilities, accessories, or other objects; (ii) the same shall be so placed as not to interfere with any above- or below-ground utility services or future facilities that have been or known to be located by or under authority of the City; and (iii) the same shall be placed, when possible and in accordance with MidAmerican’s Tariff and Iowa Utilities Board rules, underground. The Company shall comply with all federal and state regulations regarding joint use of its poles and trenches for telecommunication carriers as defined in 47 C.F.R. § 1.1402.

111.05 LOCATION AND RELOCATION.

The Company shall, excluding facilities located in private easements (whether titled in the Company exclusively or in the Company and other entities), in accordance with Iowa law, including the 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 in the City in such a manner as the City may require for the purposes of facilitating the use, construction, reconstruction, maintenance, or repair of the public street or other public improvement. If the City has a reasonable alternative route for the public street or an alternative construction method that would not increase the City’s cost, would not cause the relocation of Company installations, or would minimize the cost or expense of relocation of Company installations, the City and the Company shall work together to consider said alternative route or construction method. The City shall, in the extension or modification of public streets, make provision for the placement of Company service lines and facilities in, on, over, or under those public streets without charge to the Company. In planning for the extension or modification of public streets, the City shall to the extent practicable consider design of such changes to limit the need for relocation of Company facilities. The City shall be responsible for surveying and staking the public streets 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 its relocation plan and profile and cross section drawings. If tree/vegetation removal 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 tree/vegetation removal does not coincide with the Company’s facilities relocation schedule and the Company must remove trees/vegetation that are included in the City’s portion of the project, the City shall either remove the trees/vegetation at its cost or reimburse the Company for the reasonable expenses incurred to remove said trees/vegetation. If project funds from a source other than the City are available to pay for the relocation of utility facilities and if the use of such funds for relocation of utility facilities does not impact the funds available for the project, 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 EXCAVATIONS.

All facilities and equipment comprising the Company’s electric distribution system located in the public streets shall be located so as to cause minimum interference with the proper use of the public streets and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin the public streets. In making excavations in any public streets for the installation, maintenance, or repair of conductors, conduits, or the erection of poles, wires, or other appliances, the Company shall not unreasonably obstruct the use of the public streets. The Company in making such excavations shall, if required by ordinance, obtain a City permit therefore and provide City representatives with twenty-four (24) hours advance notice prior to the actual commencement of the work. In emergencies that require immediate excavation, the Company may proceed with the work without first providing advance notice or applying for or obtaining the permit; provided that the Company shall apply for and obtain the permit as soon as possible after commencing such emergency work. The Company shall comply with all provisions and requirements of the City in its regulation of the use of public streets in performing all work. The Company shall also comply with all City regulations regarding paving cuts, placement of facilities, and restoration of pavement and other public infrastructure. In the event of an excavation, the Company shall replace the surface of the public street, restoring the public street to the condition as existed prior to the Company’s excavation. However, the Company shall not be required to improve or modify the public street, or other areas adjacent to the Company project, to a condition superior to its immediate previously existing condition, except that any replacement of any surface shall conform to current City regulations regarding its depth and composition and any sidewalk replacement shall conform to the requirements of the Americans with Disabilities Act. The Company shall complete all repairs in a timely manner. In the event that the Company does not timely comply with its obligations under this Section after receiving at least forty-eight (48) hours’ notice from the City, the City may perform the work and recover its cost from the Company upon notice to the Company.

111.07 UTILITY EASEMENT.

The City’s vacation of a public street shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any public street where the Company has facilities, the City shall grant the Company a utility easement for said facilities.   The City shall provide the Company with not less than thirty (30) days advance notice of the City’s proposed action and, upon request, retain a public easement covering existing and future facilities and activities. The City shall not be obligated to provide a utility easement if the Company is properly noticed and the Company does not make a timely request.

111.08 RELOCATION NOT REQUIRED.

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 in the previous five (5) years.

111.09 RELOCATION REIMBURSEMENT.

If the City orders or requests the Company to relocate its existing facilities or equipment in order to directly facilitate the private portion of a project of a commercial or private developer or other non-public entity, 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 its facilities or equipment in order to facilitate such a private project at its expense.