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Home My WebLink About5148-2 /18/2013Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5148 AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA, AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 18 YEARS. WHEREAS, the City of Waterloo, Iowa, and MidAmerican Energy Company entered into a franchise agreement Ordinance No. 5028, adopted by the City Council on February 21, 2011, and WHEREAS, the City of Company agree the franchise intent of the parties, and Waterloo and MidAmerican Energy must be amended to clarify the WHEREAS, pursuant to the provisions of Section 364.2, subsection (4)(f) of the Code of Iowa, the City has prepared a Revenue Purpose Statement outlining the purposes for which the City shall use the franchise fee revenues that will be received if the proposed ordinance is adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: 1. That the Preamble of Ordinance No. 5028 is struck and the following Preamble is substituted: An ordinance granting to MidAmerican Energy Company, its successors and assigns the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, an electric system and communications facilities and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 18 years. 2. That Section 1 of Ordinance No. 5028 is struck and the following Section 1 is substituted: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the `Company," and its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City," a system for the transmission and distribution of electric energy and communications signals along, under, over and upon the streets, avenues, alleys and Ordinance No. 5148 Page 2 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 this 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. This franchise shall be effective for an eighteen (18) year period from and after the effective date of this ordinance, however, that either the City or the Company may, during the first ninety (90) days following the eighth ( 8th) and twelfth (12th) anniversaries of the effective date of the franchise, provide written notice to the other party of its desire to amend the franchise. The parties shall negotiate these amendments in good faith for a period of up to ninety (90) days following receipt of notice. If, at the conclusion of the negotiation period, the City determines in good faith that the franchise, if continued without amendment, will have a material or significant adverse impact on the City or the Company's electric customers located within the corporate limits of the City, the City may terminate the franchise. The City shall have the burden to objectively demonstrate the material or significant adverse impact. Failure to amend the franchise at the first option does not render invalid the City's second option to amend the franchise. 3. That Section 14 of Ordinance No. 5028 is hereby struck and the following Section 14 is substituted: Section 14. There is hereby imposed upon, and shall be collected from persons located within the corporate limits of the City who are retail electric customers of the Company receiving service pursuant to the tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible accounts, derived by the Company from the delivery and sale of electric energy to such customers. The Company shall remit such franchise fees to the City within sixty (60) days of collection. City imposes the franchise fee upon the following revenue classes, effective July 1, 2013 and July 1, 2014, for the length of the franchise agreement: 7/1/13 7/1/14 • Residential Customers 20 30 • Non -Residential Customers 20 3% INTRODUCED: February 18, 2013 PASSED lst CONSIDERATION: February 18, 2013 PASSED 2nd CONSIDERATION: February 18, 2013 PASSED 3rd CONSIDERATION: February 18, 2013 Ordinance No. 5148 Page 3 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 18th day of February, 2013, and approved by the Mayor on the 18th day of February, 2013. ATTEST: Suzy Scares, CMC City Clerk 4rn�estG. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5148, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 18th day of February, 2013. Witness my hand and seal of office this 18th day of February, 2013. SEAL Suzy Sc ares, CMC City Cl rk STATE OF IOWA, I Black Hawk County, ORDINANCE 140. 5148 AN ORDINANCE GRANTING TO MI- DAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CON- STRUCT, ERECT,,MAINTAIN AND OP- ERATE IN THE CITY OF WATERLOO, IOWA, AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS IN. HABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 18 YEARS. WHEREAS, the City of Waterloo,lotva, and MidAmerican Energy Company en- tered into a franchise agreement Ordi- nance No. 5028, adopted by the City Council on February 21, 2011, and WHEREAS, the City of Waterloo and Mi- dAmerican Energy Company agree the franchise must be amended to clarify the intent of the parties, and WHEREAS, pursuant to the provisions of Section 364.2, subsection (4)(f) of the Code of Iowa, the City has prepared a Revenue Purpose Statement outlining the purposes for which the City shall use the franchise fee revenues that will be received if the proposed ordinance is adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Water- loo, Iowa, as follows: 1.That the Preamble of Ordinance No. 5028 is struck and the following Pream- ble is substituted: An ordinance granting to MidAmerican Energy Company, its successors and assigns the right and non-exclusive fran- chise to acquire, construct, erect, main- tain and operate in the City of Waterloo, Iowa, an electric system and communi- cations facilities and to furnish and sell electric energy to the City and its inhab- itants and authorizing the City to collect franchise fees for a period of 18 years. 2.That Section 1 of Ordinance No. 508 is struck and the following Section 1 is substituted: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporetion_._.__h _ereinaft_er called the "Com-. llo :sJaSI)Jenpy aI"S 3a_%rmvJ slivs aa� L817£ -6£Z-61•£ 'Jago /004$ 'uoiIlpuoo pooh 'Joloo PUBS '1eu01339S e0eid 4 213H1y31. Oh60-Z£Z 'Ni alaodel 64b 30NVIlddV S,31d03d Sano;S . 8.101e.1961i;aa .SjagSeM . sje jCl .seoueilddV pau0pipuooaa 3n1VA ONV N0113313S t r� sp!dea .lepa0 'MS •any PJ££ 608 'a6Po1 sM13'€Ml,/€'unS tr6 'nno4s ul00 Btjldg"lent v 3 I do solemnly swear that the annexed copy of legal City of Waterloo SS Ordinance No. 5148 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 7th day of March, 2013 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $47.66 Signed Subscribed and sworn to before me this Day of ��_ �A+�.D., /20 tt1^^. �7 SUS;i1A'vl ,,4 COMMf3SfON ��a, r' I d/6 ° * MYC MI$SIONEXPIRE5 Received of the sum of Dollars. In full for publication of the above notice.