111.01 FRANCHISE GRANTED.

There is hereby granted to Mid-American Energy Company, an Iowa corporation, hereinafter called the “Company,” and its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City, a system for the transmission and distr4ibution of electric energy and communication signals along, under, over, and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell electric energy to the City and its inhabitants. For the term of the 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. the franchise shall be for a term of 25 years from and after its effective date; provided, however, there may be a re-evaluation option prior to the end of year 15 with the opportunity for both parties to request amendments. If such a request to re-evaluate or amend the franchise is made and the parties are unable to agree to amend within 60 days, then either party may terminate the franchise agreements at the end of year 15. If neither party requests such re-evaluation by means of a written notice to the other party at least 60 days prior to the expiration of year 15, the franchise shall continue without change. † 7

 

Notes

7	†  EDITOR’S NOTE: Ordinance No. 07-167, adopting an electric franchise for the City, was passed and adopted on February 20, 2007.

111.02 NONEXCLUSIVE FRANCHISE.

The franchise is nonexclusive, and is limited solely to the providing of electric service to customers within the corporate limits of the City.

111.03 STATE CODE RESTRICTIONS.

The rights and privileges granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa.

111.04 SERVICE AREA.

The Company shall construct, extend, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and, to the extent not inconsistent, with lawful City ordinances. Additionally, the Company agrees to use commercially reasonable efforts to serve the entire corporate limits of the City.

111.05 USE OF PUBLIC WAYS.

The Company shall have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as to excavate and bury conductors for the distribution of electric energy and communications signals in and through the City, but all of said conduits and poles shall be so placed as not to 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.

111.06 TRIMMING OF TREES.

The Company is authorized and empowered consistent with this franchise to prune or remove at Company expense any tree extending into any street, alley, right-of-way or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning shall be completed in accordance with nationally accepted safety and utility industry standards, ANSI A300-2001, American National Standard for Tree Care Operations, and ANSI Z133-2006 Pruning, Repairing, Maintaining and Removing Trees, and Cutting Brush Safety Requirements, or subsequent revisions to these standards.

111.07 ANNUAL MEETING.

During the first quarter of each year, the parties shall cause their respective representatives to meet to discuss each party’s planned construction projects for the remainder of the year in order that each can be coordinated with the plans of the other to the extent practicable.

111.08 RELOCATION OF PROPERTY.

The Company shall, at its cost and expense, locate and relocate its installations in, on, over, or under any existing or proposed public street or alley in the City in such 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 ground or public place or the improvement of, in, or about any such street or alley or reasonably promoting the efficient operation of any such improvement. If the City has a reasonable alternative route for the street, alley, or public improvement, which alternative route would not cause the relocation of the Company installations, the City shall consider but is not required to select said alternative route. If relocation of the Company facilities could be avoided by relocating another franchisee’s or facility user’s equipment and facilities or by using a different method to perform the street and/or curbing construction, and said other cost of construction or relocation is less than the Company’s, the City shall consider but is not required to select the route or method that is less expensive for the Company.