114.01 Franchise Granted | 114.13 Administrative Fees |
114.02 Poles and Wires | 114.14 Annexation |
114.03 Excavations | 114.15 Company Not Liable |
114.04 Relocation | 114.16 Fee Remittance |
114.05 Grant of Easement | 114.17 Modifying Fees |
114.06 Trees | 114.18 Use of Fees |
114.07 Standard of Service | 114.19 Fee Refunds |
114.08 Nonexclusive Franchise | 114.20 Obligation to Collect Modified or Repealed |
114.09 Continuous Service | 114.21 Exemption from Other City Charges |
114.10 Franchise Fee | 114.22 Management Fees |
114.11 Application of Fee | 114.23 Franchise Term |
114.12 Collection of Fee | 114.24 Entire Agreement |
There is hereby granted to Linn County Rural Electric Cooperative Association, hereinafter referred to as the “Company”, its electrical energy suppliers as necessary to provide Company distribution at 25,000 Volts or less, its successors and assigns, the right and franchise to construct, reconstruct, repair, maintain and operate in the City of Ely, Linn County, Iowa, systems for the distribution of electric power, and the right to construct, reconstruct, repair, maintain and operate the necessary poles, lines, wires, conduits and other appurtenances for the distribution of electric power and energy along, under and upon the streets, avenues, alleys and public ways in the City of Ely, Linn County, Iowa; also the right to erect and maintain upon the streets, avenues, alleys and public ways, distribution lines through the said City of Ely, Linn County, Iowa to supply individuals, corporations, communities and municipalities both inside and outside of said City with electric light and power appurtenances for the period of twenty-five (25) years; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa.† 8
Notes
| 8 | †EDITOR’S NOTE: Ordinance No. 267, adopting an electric franchise for the City, was passed and adopted on June 11, 2018. |
The poles, lines, wires, circuits, and other appurtenances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys, and public places in said City nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the City, and the said Company, its successors and assigns shall hold the City free and harmless from all damages to the extent arising from the negligent acts or omissions of the Company in the erection or maintenance of said system.
In making any excavations in any street, alley, or public place, Company, its successors and assigns, shall protect the site while work is in progress by guards, barriers or signals, shall not unnecessarily obstruct the use of the streets, and shall back fill all openings in such manner as to prevent settling or depressions in surface, pavement or sidewalk of such excavations with same materials, restoring the condition as nearly as practical. The Company shall not be required to restore or modify public right of way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition.
The Company shall, at its cost, 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 at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley or any public improvement thereof, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement.
If the City orders or requests the Company to relocate its existing facilities or equipment for any reason other than as specified above, or as the result of the initial request of a commercial or private developer, the Company shall receive payment for the cost of such relocation as a precondition to relocating its existing facilities or equipment.
The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section. The City shall also provide a reasonable alternative location for the Company's facilities as part of its relocation request.
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