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110.01 Franchise Granted |
110.05 Nonexclusive |
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110.02 Construction; Maintenance; Indemnification |
110.06 Continuous Service |
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110.03 Meters and Service Lines |
110.07 Term of Franchise |
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110.04 System Requirements |
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110.01 FRANCHISE GRANTED. There is hereby granted to Interstate Power and Light Company, hereinafter referred to as the “Company,” its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the City; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the City, to supply individuals, corporations, communities and municipalities both inside and outside of the City with electric light, heat and power for the period of twenty-five (25) years; † also the right to eminent domain as provided in Section 364.2 of the Code of Iowa.
110.02 CONSTRUCTION; MAINTENANCE; INDEMNIFICATION. The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys and public places in the City or unnecessarily interfere with the proper use of the same, including ordinary drainage or with the sewers, underground pipe and other property of the City, and the Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the erection or maintenance of said system.
110.03 METERS AND SERVICE LINES. The Company, its successors and assigns shall furnish and install all meters at its own expense and shall provide the service wire to buildings as set forth in the Company’s tariff filed with the Iowa Utilities Board.
110.04 SYSTEM REQUIREMENTS. The system authorized by this chapter shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of the City and the inhabitants thereof and shall be kept in a modern and up-to-date condition.
110.05 NONEXCLUSIVE. The franchise granted by this chapter shall not be exclusive.
110.06 CONTINUOUS SERVICE. Service to be rendered by the Company under this chapter shall be continuous unless prevented from so doing by fire, acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Company’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.
110.07 TERM OF FRANCHISE. The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.
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111.01 Franchise Granted |
111.04 Indemnification |
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111.02 Regulations |
111.05 Property of Grantee |
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111.03 Moving Buildings |
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111.01 FRANCHISE GRANTED. General Telephone Company of the Midwest, a corporation, its successors and assigns (hereinafter referred to as “Grantee”) are hereby granted a franchise for a period of twenty-five (25) years from the effective date of the ordinance codified in this chapter† to acquire, construct, reconstruct, maintain, extend and operate such telephone plant or system and such facilities thereof, including lines, poles, wires, stubs, anchors, cables, vaults, laterals, conduits and other fixtures and equipment in, upon, through, over, under, along and across the public streets, alleys, highways and other passageways or public grounds of or in the corporate limits of the City as now or hereafter established, as may be necessary and/or convenient for supplying to the citizens of the City, to adjacent rural areas and to the public at large telephone and telecommunications service, local and long distance, and telecommunication by telephone or other electronic signals and for the conduct of a general telephone and telecommunications business therein.
111.02 REGULATIONS. Grantee’s rights and privileges in the public ways and grounds of the City shall be exercised as follows:
1. Locations of its existing system are hereby approved; changes of location, additions or extensions thereto affecting public grounds or ways shall be under the supervision of the City’s street committee or such other officer or officers as may be designated by the Mayor and Council for that purpose.
2. The installations of the Grantee shall be so placed and the servicing and operation thereof so performed as not to interfere unreasonably with ordinary travel on the public ways or the ingress to or egress from public or private property.
3. Grantee may make excavations in public grounds or ways and may take up such portions of pavement or sidewalk as it deems necessary for the installation, maintenance, replacement or removal of its facilities. Excavations so made shall be refilled and surfacing thus disturbed shall be restored to as reasonably good condition as before.
4. Grantee shall permit the City to attach to its poles its fire and/or police wires and apparatus incident thereto — such attachments to be made under the direction and supervision of the Grantee and so made and maintained as not to interfere with the Grantee’s use of said poles.
111.03 MOVING BUILDINGS. Grantee shall accommodate public or private necessity to move along or across public ways or grounds of the City vehicles or structures, other than parade components, of such height or size as to interfere with its poles and/or wires and shall temporarily remove or adjust the same to permit such passage, provided:
1. Written notice thereof shall be served upon Grantee’s agent or manager in the City not less than forty-eight (48) hours in advance of the time set for the proposed passage.
2. Grantee is paid in advance the actual cost of such accommodation.
111.04 INDEMNIFICATION. The Grantee shall indemnify the City against loss from claims or causes of action arising out of its construction, reconstruction, maintenance or operation of the installations herein authorized.
111.05 PROPERTY OF GRANTEE. It is unlawful for any person to injure, destroy or deface any property of the Grantee lawfully installed and maintained or to post bills or signs thereon.
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112.01 Franchise Granted |
112.07 FCC Regulations |
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112.02 Location and Removal of Facilities |
112.08 Moving Buildings |
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112.03 Joint Pole Use |
112.09 Rates and Charges |
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112.04 Restoration of Public Ways |
112.10 Renewal Upon Termination |
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112.05 Restrictions on Use of Streets |
112.11 Term of Franchise |
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112.06 Indemnification |
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112.01 FRANCHISE GRANTED. There is hereby granted to Mid-Iowa Telephone Co-op Association, its successors and assigns, hereinafter called the “Grantee,” the right and privilege for a period of twenty-five (25) years from the effective date of the ordinance codified in this chapter† to erect buildings in the City and to construct, maintain and operate under the present and future streets, alleys and public places in the City lines, cables, necessary wiring and other apparatus for the purpose of receiving, amplifying and distribution of television and radio signals to the City and the inhabitants thereof.
112.02 LOCATION AND REMOVAL OF FACILITIES. The Grantee, in the event said underground lines or cables are in need of repair, shall be entitled to erect towers, poles and cables to continue the amplification and distribution of television and radio signals to the City on a temporary basis until necessary repairs to the underground lines can be effected. The poles and towers erected on a temporary basis under this section shall be erected as not to interfere with the traffic over the streets and alleys, and the location of all pedestals, poles, towers or other obstructions shall be fixed with the approval of the City, as to such location, giving consideration to the reasonable operation of the same, providing further that such location shall not be vested interest and the same shall be removed by the Grantee whenever the same restricts or obstructs the operation or location of said streets and public places.
112.03 JOINT POLE USE. In the event that lines, cables or wires are to be located above ground for the purpose of continuing the amplification and distribution of television and radio signals to the City and its inhabitants on a temporary basis until the necessary repairs to the underground cable can be effected, permission is hereby granted to the Grantee and its assigns to attach or otherwise affix cables or wires to the pole facilities of any public utility company, even though the same may cross over the streets, sidewalks, public lands or highways of the City, provided the Grantee secures the permission and consent of said aforementioned public utility companies concerned to affix the cables and/or wires or other apparatus to their poles.
112.04 RESTORATION OF PUBLIC WAYS. All streets and sidewalks disturbed or damaged in the construction or maintenance of the cable lines and other apparatus shall be promptly repaired by the Grantee at its expense and to the satisfaction of the City.
112.05 RESTRICTIONS ON USE OF STREETS. The Grantee shall be subject to all ordinances in force or that may be hereinafter enacted relative to the use of the streets and alleys of the City.
112.06 INDEMNIFICATION. The Grantee shall indemnify and hold the City harmless from all claims for damages arising out of the Grantee’s negligence in the construction, maintenance or operation of said cable lines or other apparatus. The Grantee shall be required to file with the City Clerk on an annual basis a certificate of its liability insurance for this purpose.
112.07 FCC REGULATIONS. The Grantee agrees to construct and operate its cable communications system so as to conform to the rules as promulgated by the Federal Communications Commission.
112.08 MOVING BUILDINGS. The Grantee shall temporarily raise or lower its wires to permit the moving of buildings. The Grantee shall be given not less than forty-eight (48) hours’ notice to do the work. Expenses of such temporary work shall be paid to the Grantee by the person moving the building.
112.09 RATES AND CHARGES. Rates charged by the Grantee for service hereunder shall be fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on valuation of their properties devoted thereto under efficient and economic management.
112.10 RENEWAL UPON TERMINATION. Upon termination or forfeiture of the franchise in accordance with any of its terms, the Grantee shall, within a reasonable time, remove its cables, wires and appliances from the City streets, lanes, avenues, sidewalks, alleys, bridges, highways, easements and other public places within the City and subsequent additions thereto.
112.11 TERM OF FRANCHISE. The right and authority herein granted shall be nonexclusive and shall be and continue for a period of twenty-five (25) years from and after the effective date of the ordinance codified in this chapter.
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WATER FRANCHISE
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113.01 Franchise Granted |
113.07 Not Subject to Tax |
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113.02 Construction; Maintenance |
113.08 Association Regulations and Costs |
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113.03 City Notification |
113.09 Written Notice |
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113.04 Indemnification |
113.10 Ordinances in Conflict |
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113.05 Nonexclusive |
113.11 Mediation |
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113.06 Sufficient Capacity |
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113.01 FRANCHISE GRANTED. There is hereby granted to Iowa Regional Utilities Association, (doing business as Central Iowa Water Association), a non-profit corporation organized and existing under the provisions of Iowa Code Chapter 504A, its successors and assigns (“Association”), the right, franchise and privilege for a period of forty (40) years from and after the effective date hereof,† to acquire, construct, operate and maintain in the City of Oakland Acres, Iowa (“City”) as provided herein, the necessary facilities for a potable water system for public and private use and to construct and maintain over, upon, across and under streets, highways, avenues, alleys, bridges, and public places the necessary facilities, fixtures, pipelines and equipment for such purposes.
113.02 CONSTRUCTION; MAINTENANCE. The facilities, fixtures, pipelines and equipment for a potable water system within the City shall be placed and maintained so as not to unnecessarily or unreasonably interfere with the travel on the streets, highways, avenues, alleys, bridges and public places in the City, nor shall such facilities, fixtures, pipelines and equipment unnecessarily or unreasonably interfere with the proper use of the same, including ordinary (non-sanitary sewer) surface water drainage or storm water drainage systems. In the event that facilities, fixtures, pipeline and equipment of the Association located within a public right-of-way must be relocated because of paving, road construction, or the construction or reconstruction of public (non-sanitary sewer) surface water drainage or storm water drainage system or similar public works, such relocation, at the written request of the City, shall be timely completed by the Association at its initial cost and with the City allowed up to ten years to repay under level annual amortized payments the principal sum of such costs to the Association, its successors or assigns, together with interest thereon at two hundred basis points above prime rate at the time of initiation of such construction/reconstruction by the Association. Pursuant to the provisions of Iowa Code Section 364.2(4)(e), the City herby conveys upon the Association, its successors and assigns, the power to appropriate and condemn private property within the present and any future boundaries of the City for purposes of providing potable water in accord with this chapter.
113.03 CITY NOTIFICATION. The Association shall not be required to obtain any permit or other form of license or permission for the construction of facilities, fixtures, pipelines and equipment within the public right-of-way. However, the Association shall notify the City Clerk or Mayor of intended new construction within the City not less than ten days prior to initiation thereof except in cases of service failure or other emergency; and, within ten days of receipt of such notice, the City shall advise the Association of any conflict such construction may have with planned or anticipated public improvements.
113.04 INDEMNIFICATION. The Association shall indemnify and hold the City harmless from all loss, claims or damages on account of injury to or death of persons, or injury to property arising from the erection, maintenance or operation of its facilities, fixtures or equipment within the City. The Association shall hire legal counsel of its choice and at its own expense, to defend, without regard to fault of City, any action at law, in equity or in an administrative proceeding brought against the City on account thereof. The City shall give the Association prompt notice of the filing of any such claim or suit and extend its full cooperation in the defense thereof The City assigns to the Association the right to assert all defenses which the City could itself raise in any such action on behalf of itself or others.
113.05 NONEXCLUSIVE. This franchise shall not be exclusive and shall not, except as herein otherwise stated, restrict in any manner the right of the City Council or any other governing body of the City in the exercise of any governmental power which it may now have or hereafter be authorized or permitted by laws of the State of Iowa, except that the City shall not under any circumstance compete with the Association by furnishing any similar service within the City during the term of this franchise without prior consent of the Association.
113.06 SUFFICIENT CAPACITY. The Association’s system authorized by this chapter shall be of sufficient capacity to handle all reasonable demands and loads of the City and the inhabitants thereof and shall be kept in a good working condition.
113.07 NOT SUBJECT TO TAX. Except as may be required relative to any applicable sales taxes, the Association’s property and/or provision of potable water services within the City shall never be subject to any tax by or to the City or any agency or subdivision thereof, failing which the City shall directly reimburse the Association therefor.
113.08 ASSOCIATION REGULATIONS AND COSTS. The Association shall solely regulate all conditions for connections to its potable water services relating thereto. The Association shall pay all costs of the election and preparation of this franchise ordinance, except that the Association shall only pay a proportionate share of election costs if the franchise is only one of the issues presented to voters at such election.
113.09 WRITTEN NOTICE. Written notice to the Association under this chapter shall be effectuated by letter sent by ordinary or other mail to the registered agent or any executive officer of the Association.
113.10 ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed, except that at all times during this franchise the City shall have and enforce a suitable ordinance or ordinances requiring connection of all properties within the City to a potable water system and shall prohibit construction or use of any form of private well within the City for purposes of providing potable water to any person and shall have and enforce an ordinance or ordinances prohibiting any connections to or use of the Association’s systems other than those expressly authorized in writing by the Association, its successors or assigns. The within and foregoing franchise interests shall be at all times fully assignable by the Association, its successors or assigns.
113.11 MEDIATION. Upon formal written request directed to the City and to the Association by any affected citizen of the City who is also a member in good standing of the Association, a committee comprised of two City Council members appointed by the Mayor and two Directors of the Association appointed by its President, may offer a forum in an attempt to mediate disputes involving such citizen/member and the City or the Association involving any interests created under this chapter. However, such forum may not be used for attempted mediation of disputes involving billings or unpaid fees due or claimed to be due to the Association, nor shall such forum in any manner impede the exercise of any other remedies available in equity or in law; and, neither the City nor the Association nor the citizen shall be bound by any suggested dispute resolution from such committee, if any, resulting from such mediation.
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† EDITOR’S NOTE: Ordinance No. 98.6, adopting an electric franchise for the City, was passed and adopted on June 8, 2002. The Grantee accepted the franchise on December 23, 2002.
† EDITOR’S NOTE: Ordinance No. 7, adopting a telephone franchise for the City, was passed and adopted on October 6, 1975. On March 11, 2000, the Council approved the transfer to Iowa Telecommunications Services, Inc.
† EDITOR’S NOTE: Ordinance No. 90-2, adopting a cable television franchise for the City, was passed and adopted on December 10, 1990.
† EDITOR’S NOTE: Ordinance No. 2004-001, adopting a water franchise for the City, was passed and adopted on August 21, 2004. The effective date of the Agreement is October 1, 2004.
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