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In making excavations in any streets, avenues, alleys, and public places for the excavation of conduits or the erection of poles and wires or other appliances, the Company shall not unreasonably obstruct the use of the streets and shall replace the surface, restoring the original condition as nearly as practicable and deemed acceptable by the City.
The City reserves the right, upon written notice to the Company, to place upon Company poles, without charge, within the City limits, wire and pole fixtures for municipal purposes, excluding the sale or delivery of electrical energy. Prior to the installation of any City-owned equipment on the Company-owned distribution system, the City will enter into a pole attachment agreement with the Company. The City shall reimburse the Company for any modifications required to accommodate the City equipment. Free access to the Company facilities shall not be allowed or continued for any communications or information or data transmittal systems owned or leased by the City for which subscribers pay a fee. In the event that a clearance, guying, grounding, or other system design or construction problem is identified by the Company or the Iowa Utilities Board or its inspectors and said problem is a result of City facilities, the City shall correct the problem within the time limits of the Iowa Utilities Board or the Company. If the City fails to correct the problem, the Company is authorized to remove the City facilities with no liability for the loss of system integrity. The City shall reimburse the Company for its costs and expenses.
The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, on account of injury or damage to any person or property, caused or occasioned, in whole or in part, by the Company’s negligence in construction, reconstruction, excavation, operation, or maintenance of the electric facilities authorized by the franchise; provided, however, the Company shall not be obligated to defend, indemnify, and save harmless the City for any costs or damages except to the extent attributable to the negligence of the City, its officers, employees, or agents. Damages alleged to have arisen by virtue of City staff issuance of permit or plan approval shall not be included in the exception to the indemnification provided by the Company.
All reasonable and proper police regulations shall be adopted and enforced by the City for the protection of the facilities of the Company. From time to time, the City may, in the exercise of its police powers, adopt ordinances governing the use of its right-of-way and the Company shall be subject to all such ordinances to the extent such are not inconsistent with State and federal statutes and regulations governing the operation of Company or the franchise. The Company reserves the right to challenge or contest the City’s interpretation or application of any said laws, codes, ordinances, statutes, and regulations.
If either party believes the other party has failed to abide by any part, provision, or term of the franchise, that party may give the other party notice in writing, setting out the claimed failure and providing not less than 60 or more than 180 days to correct the claimed failure. The party receiving notice shall acknowledge receipt of notice and either agree to correct the claimed failure or request a meeting to resolve differences, which meeting must be held within 30 days of request. Compliance with this chapter is not a condition precedent to either party seeking any other remedy to which it believes itself entitled.