110.01 Franchise Granted | 110.09 Indemnification |
110.02 Rights and Privileges | 110.10 Information |
110.03 Right to Excavate | 110.11 Applicable Regulations |
110.04 Construction and Maintenance | 110.12 Quality and Quantity |
110.05 Excavations | 110.13 Police Regulations |
110.06 Utility Easements | 110.14 Franchise Fee |
110.07 Relocation Not Required | 110.15 Management Fees |
110.08 Relocation Reimbursement | 110.16 Termination |
There is hereby granted to MidAmerican Energy Company, an Iowa corporation, (hereinafter called "Company,)" and to its successors and assigns the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Ely, Iowa, (hereinafter called the "City,)" a gas distribution system, to furnish natural gas along, under and upon the right-of-way, 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. For the term of this franchise, the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance. † 5
Notes
| 5 | †EDITOR’S NOTE: Ordinance No. 268, adopting a natural gas franchise for the City, was passed and adopted by the City Council on June 11, 2018. |
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 unreasonably interfere with any above or below-ground utility services or facilities which have been or may hereafter be located by or under authority of the City.
The Company shall, excluding facilities located in private easements (whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including 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 or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction reconstruction, maintenance or repair of the street or alley. Relocation expenses for other hard surfaces, including pedestrian and non-motorized vehicle pathways, will be paid by the City. If the City has a reasonable alternative route forthe street, alley or public improvements or an alternative construction method, which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way 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 and 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 the tree/vegetation removal does not coincide with the Company facilities relocation schedule and Company must remove trees/vegetation that are included in the City's portion of the project, the City shall either remove the material at its cost or reimburse the Company for the expenses incurred to remove said vegetation or trees. If project funds from a source other than the City are available to pay for the relocation of utility facilities, the City shall attempt to secure said funds and provide costs of relocation.
Loading...