The Company recognizes the importance of community input when siting new projects to serve the community and electricity distribution as well as the authority of the City to permit and otherwise regulate siting activity. The Company will work jointly with the City to plan each new route involving the exercise of the rights granted in Section 118.01. Each party shall work together in planning and approving such routes to balance the City’s interests in promoting orderly growth and economic development with the Company’s interests in provide electric power and energy safely and efficiently to the community. Notwithstanding any other provision herein, no new project shall be sited, and none of the powers described in Section 1 of this Agreement shall attain to the Company with respect to any new project without prior written approval from the City. The Company will not pursue any route that the City denies approval. However, such route approvals will not be unreasonably withheld. At the request of the City, mapping information will be reviewed with the City staff. All such reviews will be in compliance with the Federal Energy Regulatory Commission regulations or the regulations of other agencies with authority over the review and dissemination of critical infrastructure information, and infrastructure security and subject to all protective provisions for critical infrastructure under the Open Records Act, Iowa Code §21.1, et seq., as amended. Prior to any excavating in the rights-of-way, both parties shall follow the procedures set forth in Iowa Code Chapter 480 or an entity with a similar function utilized by both the City and the Company, currently the Iowa One Call System.
The Company will apply to the City for a permit for work performed in City rights-ofway in accordance with City regulations and provide project-specific mapping, which shall be deemed protected under the Open Records Act, Iowa Code §21.1, et seq., as amended, to wit, §50, et al., to be used solely and exclusively by the City in administering the use and occupancy of the public right-of-way and not otherwise to be relied upon for any other purpose.
For emergencies, the Company may proceed with the work without first applying for a permit, provided, however, that the Company shall apply for and obtain a permit as soon as commercially practicable after commencing such work.