117.01 Grant of Franchise | 117.14 Future Agreements |
117.02 Indemnification | 117.15 Street Lights |
117.03 Meters and Service Lines | 117.16 Franchise Fee |
117.04 Right to Operate and Locate Facilities | 117.17 Rates
|
117.05 Relocation | 117.18 Right-of-Way Accessions |
117.06 Mapping | 117.19 Tree Trimming
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117.07 Annual Planning Meeting | 117.20 Abandoned Facilities
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117.08 Right-of-Way Restoration | 117.21 Compliance with City Ordinances
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117.09 Undergrounding | 117.22 Closing
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117.10 Non-exclusivity | 117.23 Eminent Domain |
117.11 Continuous Service | 117.24 Assignment
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117.12 City Use of Cooperative Facilities | 117.25 Notice of Default |
117.13 Energy Efficiency and Renewable Energy | |
There is hereby granted to Linn County Rural Electric Cooperative Association, hereinafter referred to as the “Cooperative,” its electrical energy suppliers as necessary to provide the Cooperative 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 North Liberty, Johnson 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 appurtances for the distribution of electric power and energy along, under and upon the streets, avenues, alleys and public ways in the City of North Liberty, Johnson County, Iowa; also the right to erect and maintain upon the streets, avenues, alleys and public ways, distribution lines through the City of North Liberty, Johnson County, Iowa, to supply individuals, corporations, communities and municipalities both inside and outside of the City with electric light and power for the period of twenty-five (25) years, after which such period the franchise shall expire. However, the City of North Liberty shall retain the right to terminate this right and franchise effective at the end of the tenth (10
th
), fifteenth (15
th
), and twentieth (20
th
) year anniversary of the Anniversary Date as defined within. In order to exercise this right to terminate the right and franchise granted to the Cooperative, the City of North Liberty must give written notice to the Cooperative no later than six (6) months prior to expiration of the respective Anniversary Date. The Anniversary Date shall be the date this franchise is published following signature by the Mayor. †
1. The Cooperative shall indemnify, defend and hold the City harmless from and against any and all claims, demands, losses, damages, cost and expenses (including, but not limited to, court costs, fines, penalties and reasonable attorney’s fees, but excluding consequential or indirect damages), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to its negligent acts or omissions in the use or occupancy of the streets, avenues, alleys and public ways in the City, a default of this franchise, or arising in any manner out of the negligent acts or omissions of its agents, employees, or contractors in connection with same, or with respect to the violation of any laws, including without limitation, any environmental laws; provided, however, that the Cooperative shall not be obligated to defend, indemnify or save harmless the City for any costs or damages arising from the negligence of the City, its officers, employees or contractors. The Cooperative shall indemnify and defend the City for, from and against any and all mechanic’s liens and other liens and encumbrances filed by any person claiming by, through or under the Cooperative and against all costs, expenses, losses and liabilities (including reasonable attorney’s fees) incurred by the City in connection with any such lien or encumbrance or any action or proceeding brought thereon.
2. The Cooperative shall maintain commercial general liability insurance coverage, or its equivalent, throughout the term of this franchise, so as to protect and indemnify the City from suits or claims arising out of the Cooperative’s negligent acts subject to policy terms and conditions. Such insurance shall be comprehensive in nature, including, but not limited to, contractual liability. In addition, such insurance shall contain limits not less than $1,000,000 combined single-limit person injury and property damage. The Cooperative’s failure to meet this insurance requirement shall not relieve the Cooperative of its responsibilities under this franchise. Upon proof of financial responsibility to the reasonable satisfaction of the City, the Cooperative may be allowed to self-insure the coverages indicated herein resulting from the negligent acts or omissions of the Cooperative, the Cooperative’s agents or employees. The Cooperative shall provide the City with certificates of insurance or a letter of self-insurance upon request.
3. The requirements of indemnification shall not be a waiver of any right that the City would have to assert defenses on its own behalf under state or federal law. The Cooperative’s indemnification obligations under this franchise shall survive the expiration, cancellation, or termination of this franchise in accordance with applicable statutes of limitation in force within the State of Iowa.
The Cooperative shall have the right to erect and maintain all necessary poles and to place thereon the necessary wires, fixture and accessories as well as excavate and bury conductors and install and place other underground electric system facilities and fixtures for the distribution of electric power and energy in and through the City. New electric distribution lines in new developments within the City shall be installed underground unless otherwise approved by the City. Said facilities shall not unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City.
The Cooperative shall, 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 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 of, in or about any such street or alley or reasonably promoting the efficiency operation of any such improvement. If the City orders or requests the Cooperative to relocate its existing facilities or equipment as the result of the initial request of a commercial or private developer or other non-public entity, the Cooperative shall receive payment for the cost of such relocation the respective commercial or private developer or other non-public entity as a precondition to relocating its existing facilities or equipment. The City shall give the Cooperative reasonable advance written notice to vacate a public right-of-way. Vacating a public right-of-way at the request of a commercial or private developer or other non-public entity shall not deprive the Cooperative of its right to operate and maintain existing facilities, until the reasonable cost of relocating the same for commercial or private purposes are paid to the Cooperative. In any event, the City shall utilize reasonable efforts to assist the Cooperative in securing an easement or other continued rights of record to continue to operate and maintain its facilities upon such relocation.
Upon reasonable request, the Cooperative shall provide to the City, on a project specific basis, information indicating the horizontal location, relative to the boundaries of the right-of-way, of all equipment which it owns or over which it has control and which is located in the project right-of way. Mapping information provided to the City by the Cooperative shall be in the format utilized by the Cooperative and shall be for the exclusive use of the City in administering the use and occupancy of the public rights-of-way within the City and shall not be provided to or relied on by any person for any other purpose. Any information provided to the City with respect to the location or type of equipment which the Cooperative owns or plans to install in the right-of-way shall be treated as confidential information or a trade secret and shall not be released to any party by the City without the prior written consent of the Cooperative. If requested, the Cooperative shall submit to the City complete mapping data specific to particular projects. At the request of the City, mapping information will be reviewed with the City staff. The Cooperative does not warrant or guarantee the accuracy of any information provided pursuant to this section. The Cooperative’s maps only show equipment and facilities that are above ground.
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