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The City may request estimates for the undergrounding of replacement lines, upgrades or new lines, including lines to be adjusted for road moves, for specific projects addressed at the annual planning meeting. When requested, the Cooperative will provide to the City two estimates: 1) An estimate for the cost of the project with overhead construction and 2) An estimate for the cost of the project with underground construction. If the City disputes the Cooperative’s cost estimates, the City may request a third-party engineering estimate by a mutually agreed upon firm. The City will have no more than 60 days from the estimate date to determine if it wants the line built overhead or placed underground. If the City chooses underground construction for the project, the City will be responsible for the incremental cost of undergrounding, defined as the differential between the estimate for underground construction and the estimate for overhead construction.
Service to be rendered by the Cooperative under this franchise shall be continuous unless prevented from doing so by fire, acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Cooperative’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.
The Cooperative, upon request of the City, and without cost to it, may permit its poles, conduits and other distribution facilities, so far as may be done without interfering with the free use its own wires and fixtures, to be used for the purpose of maintenance thereon any control wires and other appurtances which may be necessary for any use by the City. Upon an agreement between the Cooperative and the City, these parties shall enter into a Pole-Sharing Agreement to document the location and obligations of the parties related to the City’s use of the Cooperative’s facilities.
The Cooperative will provide the City energy efficiency materials and incentive forms for display in the Building Department and other City departments as requested by the City. The Cooperative will participate in neighborhood and community events, when possible and upon a request from the City or neighborhood organization, to encourage City residents to utilize the Cooperative’s energy efficiency programs.
The Cooperative, upon request of the City, shall explore with the City agreements that are mutually beneficial and economically feasible to both parties for interconnection of alternative energy electrical facilities, use of facilities and purchase of excess alternatively produced power in a timely manner, adhering to all federal, state or local codes, rules and regulations in effect at the time of agreement. The Cooperative will work with the City for fair regulatory treatment of such projects. Agreements are subject to generation reliability requirements.
At the request of the City, the Cooperative shall provide the City with a count of metered and/or leased streetlights within the City limits and within the service territory of the Cooperative. If the City would at any time desire to purchase the Cooperative’s street lights located within the City, the Cooperative agrees to negotiate the sale of such street lights. The terms and conditions of such a sale will include that the street lights will be purchased at a mutually agreed price and on an as is, where is basis. Upon sale, the City shall assume all risk and loss related to the operation and maintenance of the purchased street lighting. Any agreement will require the City to purchase all street lights in the corporate limits of the City that are owned by the Cooperative.
1. The Cooperative shall include a franchise fee at a rate of three percent (3.00%) of the gross receipts from the sale of electricity for customers within the City Limits of North Liberty, Johnson County, Iowa. At any time during the term of the Franchise Agreement, the City may amend said franchise fee. The Cooperative shall commence collecting the franchise fee at the specified rate within six months of the date the City notifies the Cooperative of adoption or amendment of the franchise fee.
The franchise fee may increase up to a maximum of five percent (5%) as allowed by law. The City shall be solely responsible for the proper use of any amounts collected as franchise fees, and shall only use such fees as collected for a purpose as allowed by applicable law. Collection of the franchise fee shall cease at the earlier of the City’s repeal of the franchise fee or the end of the franchise term. Notwithstanding the foregoing, the collection of any franchise fee shall be in accordance with applicable law, including but not limited to any limitations upon the collection of such franchise fee.
(Ord. 2023-27 – Jan. 24 Supp.)
2. The franchise fee shall be applied to all customers’ bills in accordance with Iowa Code Section 364.2(f) and 423B.5, as amended, and subject to any modifications or the repeal of same. Only the City may grant exemptions or refunds of the franchise fee granted by the Code of Iowa applicable at the time of such exemption or refund. If at any time the Iowa Utilities Board or another authority having proper jurisdiction prohibits the collection or payment of a franchise fee, the Cooperative shall be relieved of its obligation to collect and pay to the City the franchise fee.
3. The City agrees that the Cooperative’s obligations related to the franchise fee are limited to those obligations set forth in this section. The City further agrees to bear all costs (including attorney fees), and to defend, indemnify and hold the Cooperative harmless from any and all liability, claims or causes of action associated with disputes related to the billing and/or collections of the franchise fee, provided that the City shall not be obligated to bear such costs or to defend, indemnify and hold the Cooperative harmless if such disputes are the result of inaccurate billing or negligence by the Cooperative.
4. Upon receipt of a final and unappealable order or approval authorizing annexation, or changes in the limits of the City, the City Clerk shall provide written notification to an officer of the Cooperative of such annexation or change in the limits of the City, and the Cooperative shall apply the franchise fee to its members who are affected by the annexation or change in the limits of the City, commencing no later than six (6) months from the effective date of the annexation.
5. The sum of such additional charges for the franchise fee and any additional charges related to this section shall be shown separately on the utility bill to each member.
6. The Cooperative shall remit collected franchise fees to the City on a basis determined by the City, but no more frequently than monthly, within thirty (30) days after last day of the last revenue month of the quarter.
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