Loading...
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.
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.
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.
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.
In consideration of the right and franchise granted to MidAmerican Energy Company (the “Company”) in Section 9-1-1 of this chapter, a franchise fee equal to five percent of the gross receipts minus uncollectable amounts derived by the Company in the City for delivery and sale of natural gas, shall be imposed from and after January 1, 2011 until December 1, 2032.
1. The amount of franchise fee shall be shown separately on the utility bill to each customer. The Company shall remit collected franchise fees to the City on a quarterly basis, within 30 days after the last day of the last revenue month of each quarter of the calendar year (i.e., remitted by April 30, July 31, October 31, and January 31). The City shall not modify the level of the franchise fee more frequently than once in any 12-month period.
2. The City shall be solely responsible for the proper use of any amounts collected as franchise fees, and shall only use such franchise fees for purposes as allowed by State law and as set forth in the Revenue Purpose Statement adopted by the City.
3. The franchise fee shall be applied to all customers’ bills in accordance with Chapters 364.2(f) and 423B.5 of the Code of Iowa, except for the City’s bills which shall be exempt from the franchise fee.
4. Upon receipt of a final and unappealable order or approval authorizing annexation or changes in the corporate boundaries of the City, the Clerk shall provide written notification to the Company of such annexation or change in the corporate boundaries of the City, and the Company shall apply the franchise fee to its customers who are affected by the annexation or change in the corporate boundaries of the City, commencing no more than 90 days after receipt of the written notice and City’s verification of the area added to the City.
5. To fulfill the purpose and intent of this section, the City and the Company may enter into an agreement addressing the implementation of the collection of the franchise fee, which agreement shall be approved by resolution by the City.