TITLE 9 - FRANCHISES AND OTHER SERVICES

CHAPTER 1
NATURAL GAS FRANCHISE

 

9-1-1 Franchise Granted	9-1-5 Indemnification
9-1-2 Location of Company Facilities	9-1-6 Standards for Operation and Maintenance
9-1-3 Relocation of Company Facilities	9-1-7 Standards for Quality and Quantity of Service
9-1-4 Street Obstruction; Company’s Duty to Repair Surface	9-1-8 Protection of Facilities
	9-1-9 Franchise Fee

 

9-1-1 FRANCHISE GRANTED.

   There is hereby granted to MidAmerican Energy Company, a State corporation, hereinafter called “Company,” and to its successors and assigns, the right and franchise to acquire, construct, erect, maintain, and operate in the City of Clive, Iowa, hereinafter called the “City,” a gas distribution system, to furnish natural gas along, under, and upon the streets, avenues, alleys, and public places to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants. This franchise shall be effective for a 25-year period from and after the effective date hereof; provided, however, that there may be a reevaluation prior to the end of the 15th year of this franchise, with the opportunity for both parties to request amendments to this franchise. If neither party requests such reevaluation by means of a written notice to the other party at least 90 days prior to the expiration of the 15th year of this franchise, this franchise will continue without change for the remaining 10 years. If such a request to reevaluate or amend the terms of the franchise is made and the parties are unable to agree to amend the terms of this franchise within 90 days or by a mutually agreed upon date, then either party may terminate this franchise at the end of the 15th year. For the term of this franchise, the Company agrees not to exercise its right of eminent domain without the prior approval of the Council, which approval shall be evidenced by a resolution of the Council. The Company shall not, without consent of the City, sell, assign, or convey its franchise rights granted pursuant to the franchise except that the Company may, without the City’s consent, sell, assign, or convey such franchise rights to its affiliated companies or subsidiaries. † 11  

 

Notes

11

† EDITOR’S NOTE: Ordinance No. 294 adopting a natural gas franchise for the City, was passed and adopted on October 7, 1982. Voters approved the franchise at an election held on November 23, 1982. On December 6, 2007, Ordinance No. 874 was approved by the Council, and they voted to waive the election provision.

9-1-2 LOCATION OF COMPANY FACILITIES.

   Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing, or extending gas pipes, mains, conduits, and other facilities, provided that the same shall be so placed as not to interfere with any of the City’s utilities lines, including, but not limited to, water mains, sanitary sewer lines, storm sewer lines and City owned fiber optic cable lines, which have been or may hereafter be located by authority of the City, and to cause minimal interference with the rights or reasonable convenience of property owners who adjoin any of the said streets or other public ways and places.

9-1-3 RELOCATION OF COMPANY FACILITIES.

   The Company shall, at its cost and expense, 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, modification, or repair of the street or alley or any public utility or improvement of, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement. The Company will notify the City if project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall make a good faith effort to attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation.

9-1-4 STREET OBSTRUCTION; COMPANY’S DUTY TO REPAIR SURFACE.

   In making excavations in any streets, avenues, alleys, sidewalks, and public places for the installation or repair of gas pipes, conduits, or apparatus, Company shall not unreasonably obstruct the use of the streets. Prior to Company making any excavations or causing any street obstructions, Company shall obtain the approval of the City’s Public Works Department, which shall not unreasonably deny approval and whose decision may be appealed to the Council. Any excavation or obstruction in the streets or other public ways made by Company shall be guarded and protected at all times by the placement of adequate barriers, fences, or boarding, the boundaries of which shall be clearly designated by warning lights during periods of dusk and darkness. In the case of any disturbance of pavement, sidewalk, driveway, or other surfacing, Company shall, at its own cost and expense and in a manner approved by the City Engineer, replace the surface disturbed, restoring the original pavement, sidewalk, driveway, or other surfacing as nearly as practicable to the condition existing before said work was commenced. All trenches and filled excavations must be tamped and compacted to a 95 percent standard proctor density.

9-1-5 INDEMNIFICATION.

   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, or allegedly caused or occasioned, in whole or in part, by Company’s construction, reconstruction, excavation, operation, or maintenance of the gas utilities 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 arising from the negligence of the City, its officers, employees, or agents.

9-1-6 STANDARDS FOR OPERATION AND MAINTENANCE.

   The Company shall extend its mains and pipes and operate and maintain the system in accordance with the applicable laws of the State, regulations of the Iowa Utilities Board or its successors, and applicable ordinances, regulations, and codes of the City.

9-1-7 STANDARDS FOR QUALITY AND QUANTITY OF SERVICE.

   During the term of this franchise, the Company shall furnish natural gas in the quantity and quality consistent with applicable State laws and regulations.