HomeMy WebLinkAbout3552-05/02/1988 ORDINANCE NO. 3552
AN ORDINANCE GRANTING UNTO IOWA PUBLIC SERVICE COMPANY,
ITS SUCCESSORS AND ASSIGNS, AUTHORITY TO ERECT, MAINTAIN
AND OPERATE PLANTS AND SYSTEMS FOR ELECTRIC LIGHT, HEAT,
AND POWER AND ELECTRIC DISTRIBUTION SYSTEMS IN THE CITY
OF WATERLOO, IOWA, (HEREIN "THE CITY" ) FOR A PERIOD
OF TWENTY ( 20 ) YEARS AND TO FURNISH ELECTRICAL ENERGY TO
SAID CITY AND ITS INHABITANTS FOR LIGHT, HEAT AND POWER
PURPOSES, AND INCLUDING THE RIGHT TO CONSTRUCT HIGH
VOLTAGE ELECTRIC TRANSMISSION LINES INTO AND THROUGH THE
SAID CITY, PROVIDING FOR THE REGULATIONS AND CONDITIONS
UNDER WHICH THE SAID RIGHT IS TO BE EXERCISED AND TO
PROVIDE FOR THE PREVENTION OF DAMAGE TO PROPERTY, AND TO
PROVIDE FOR NOTICE OF DAMAGED POWER LINES, AND TO CONFER
THE POWER OF CONDEMNATION, AND PROVIDING FOR THE REPEAL
OF ORDINANCE NO. 2298 .
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
Section 1 . A non-exclusive franchise is hereby granted unto
Iowa Public Service Company, a corporation, its successors and
assigns, (herein "Grantee" ) , for a term of twenty ( 20 ) years
commencing with the date this Ordinance becomes effective, to
acquire, erect, maintain and operate plants and systems for
electric light, heat and power, electric distribution systems and
electric transmission systems, (hereinafter "Electric Utilities" ) ,
within the present and future corporate limits of the City, and
the Grantee is granted the right, franchise and authority to
construct, install and maintain such Electric Utilities over,
across and under streets , alleys and public grounds of the City,
and private lands therein, and to furnish, supply, transmit and
distribute electricity to the City and its inhabitants and others
within and without the corporate limits for all lawful purposes,
including public and private use, and upon such terms, conditions,
restrictions and regulations as are adopted in this Ordinance.
Section 2. The rights and privileges granted to the Grantee,
as franchisee under this franchise ordinance, and including the
Grantee ' s successor and assigns, are subject to:
1. applicable provisions of the Iowa Code, including but
not limited to, Chapter 364 thereof;
2 . the Code of Ordinance of the City of Waterloo, including
but not limited to matters pertaining to Excavations;
Subdivision Regulations; Vegetation; and Zoning; and
3 . any other applicable statute or regulation promulgated
by Federal or State agencies under federal or state
laws;
all of said laws, codes, ordinances, statutes and regulations are
presently enacted. The Grantee acknowledges the validity of the
aforementioned laws, codes, ordinances, statutes and regulations
as they may exist as of the effective date of this ordinance,
provided, however, that the Grantee reserves the right to
challenge or contest the City' s future interpretation or
application of any of said laws, codes, ordinances, statutes, and
regulations. The City may make such lawful and reasonable
amendments to the provisions of the Code of Ordinances of the City
of Waterloo affecting or regulating the Grantee in its operation
of the electric utility, as the City deems necessary and proper.
The franchise granted herein shall not restrict in any manner the
right of the City in the exercise of any power which it now has or
which may hereafter be authorized or permitted by the laws of the
State of Iowa.
Ordinance No. 3552
Page 2
Section 3 . All construction, exclusive of distance from
buildings, shall be in compliance with the standards of the Iowa
Electrical Safety Code as adopted by the Iowa Utilities Board.
Grantee shall have the right to trim or remove trees when
reasonably necessary to efficiently operate its plant and render
service.
Section 4 . If any party, acting alone or through an agent,
company or employee, shall desire to operate, erect, maintain,
move or transport any tools, machinery, equipment, supplies,
materials, apparatus, house or other building, or any part
thereof, within the corporate limits of the City which will
encroach or could reasonably be expected to encroach within ten
( 10 ) feet of any above ground transmission or distribution line
that is energized in excess of seven hundred fifty volts between
conductors or between any single conductor and a ground, such
party shall give reasonable notice of such proposed work to
Grantee and shall refrain from any encroachment until the same may
be done in accordance with standards established to prevent
electrical contact with conductors and the party shall protect
Electric Utilities from damage during such encroachment. If good
practice requires relocation or de-energizing conductors, the work
shall be at a time that will not cause unreasonable inconvenience
to the Grantee or its customers and shall be at the expense of
such party. Grantee may require payment in advance. Grantee will
not be required to relocate above ground high voltage electric
transmission lines if any alternate route exists for the
performance of such work.
Section 5 . If the City shall propose to improve or make a
public improvement in any street, alley, or public way, (herein
"Public Improvement" ) in a manner that may conflict with existing
Electric Utilities, the contractor awarded the Public Improvement
Contract shall ascertain the exact number, location, depth or
elevation of Electric Utilities and at all times, protect Electric
Utilities from damage during performance of the contract. The
Grantee shall, upon Resolution of the City Council, temporarily
remove, relocate, or guard with insulating barriers, Electric
Utilities that are deemed in conflict with the Public Improvement ec,
its own expense, at a time that will not cause unreasonable
inconvenience to the Grantee or its customers.
Section 6 . If any Party shall damage any part of the
Electric Utilities or cause any weakening or loss of the
structural, mechanical or vertical support thereof, or cause an
interruption to the electric service provided by any transmission
or distribution line, such party shall give warnings and use
safeguards as may be necessary; including the erection of
insulating barriers to prevent electrical contact by any person,
and shall immediately notify Grantee of the location, time of the
occurrence, and nature of the damage and shall maintain reasonable
warnings and safeguards until all damage has been repaired.
Section 7. Grantee shall have the power to appropriate and
condemn private property for the purpose of providing electrical
service to the extent necessary to serve a public use and in a
reasonable relationship to an overall plan of transmitting
electricity in the public interest. The necessity for the taking
of any private property by the Grantee by condemnation shall be
determined by the City Council by Resolution.
Section 8 . The Grantee shall defend at its own expense, in
the name and on behalf of the City, and shall indemnify and save
harmless the City from any and all claims , suits, losses, damages,
costs or expenses, whether caused or contributed to by the active
or passive negligence of the Grantee, or by the passive negligence
Ordinance No. 3552
Page 3
of the City, on account of injury or damage to any person or
property, caused or occasioned, or allegedly caused or occasioned,
in whole or in part, by reason of or arising out of the
construction, reconstruction, excavation, operation or maintenance
by the Grantee of the electric utilities authorized by this
franchise. However, the Grantee shall not be obligated to defend,
indemnify and save harmless the City for any costs or damages
arising from the negligence of the City, its officers, employees
or agents where the Grantee is not negligent in any way. In
situations where the damage was caused or contributed to by the
active or passive negligence of the Grantee and the active
negligence of the City, the principles of comparative negligence
in effect in Iowa shall apply as between the Grantee and the City.
The duty of the Grantee to defend, and save harmless and indemnify
the City shall extend to officers, employees and agents of the
City to the extent the City is obligated to defend, save harmless
and indemnify by law.
Section 9. The City shall be privileged upon notice to the
Grantee, without charge, to make use of the poles, posts, towers
and underground conduits of the Grantee for any City alarm, City
control, or City communication function to the extent that such
use shall not interfere with their use by the Grantee, but the
City shall hold the Grantee harmless from any and all causes of
action, litigation or damages arising through the placing of the
facilities of the City upon the Grantee ' s poles, posts or towers,
or in the Grantee ' s underground conduits.
Section 10. This franchise shall apply to and bind the City
and the Grantee and their successors and assigns; provided that
any assignment by the Grantee shall be subject to the approval of
the City Council by resolution, which approval shall not be
unreasonably withheld.
The City expressly reserves the right to terminate the
franchise granted herein if the Grantee breaches any of the
provisions of this franchise; provided, however, there shall be no
termination if the Grantee shall correct the breach within sixty
( 60) days written notice provided by the City to do so.
The Grantee shall not be excused from complying with any of
the terms and conditions of this franchise by any failure of the
City to insist upon or seek compliance with any such terms or
conditions. Further it is agreed that the subject matter of this
franchise is unique and may be enforced by specific performance,
at the City' s option, since a remedy at law may be inadequate.
Section 11. Ordinance No. 2298 is hereby repealed, such
repeal to be effective as of the effective date of this Ordinance.
Section 12. This Ordinance and the rights and privileges
herein granted are subject to the approval of a majority of the
electors of the City voting at the next general or municipal
election or at a special election called for that purpose. The
cost and expense of the election relating to the franchise
provided for herein shall be paid by the Grantee.
Section 13 . The Grantee, within fourteen ( 14 ) days after the
approval of this Ordinance by a vote of the people, shall file in
the office of the City Clerk its acceptance in writing of all
terms and provisions of this Ordinance.
Section 14. This Ordinance shall become effective upon
passage by the City Council, approval of the voters as provided in
Section 12 hereof; acceptance by the Grantee as provided in
Section 13 hereof; and publication as required by law. Following
voter approval and acceptance of this Ordinance by the Grantee,
this Ordinance shall be published in the Waterloo Courier. The
effective date of this Ordinance shall be the date of publication.
Ordinance No. 3552 J tri
Page 4 d x t�
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Section 15 . If any of the provisions of this franchise
ordinance are for any reason declared to be illegal or void, then
the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in
full force and effect, the same as if the franchise ordinance
contained no illegal or void provisions. In the event any
provision or provisions are ruled illegal or void by a court of
competent jurisdiction, the City and the Grantee shall forthwith
amend this franchise to insert a successor provision that complies
with the applicable court ruling.
Section 16 , A performance audit shall be conducted at the
end of ten ( 10) years after the acceptance of the Franchise under
Section 13 by a group comprised of representative citizens who
shall be appointed by the Mayor with the consent of the City
Council in office, the Mayor and City Council in office, and
representatives of the Grantee.
Section 17. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 2nd day of May, 1988 , and approved by the
Mayor on the 4th day of May, 1988 .
t) r: L wC) EHrALI', 2
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E-, _ �� ,� , Bernard L. McK nley, Mayor
G tr,
ATTEST:
a y Burge City Clerk/Auditor
CERTIFICATE
I , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3552 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 2nd day of May, 1988 .
Witness my hand and seal of office this 4th day f May, 1988 .
arr urg Ci C erk/Auditor
,•OF IO W A, Legal
STATE
:OF
I do solemnly swear that the annexed copy of
*� Iowa Public Service Co . Oridnance No . 3552
, Tack Hawk bounty,
O.3552 notice was published in the Waterloo courier a daily newspaper printed In Waterloo,
AN ORDINANCE NGRANTING •
UNTO IOWA PUBLIC SERVICE Black Hawk County, Iowa once a- 'fer" "eO^e°°t ♦
, CCMPANY, ITS SUCCESSORS
AND ASSIGNS,AUTHORITY TO e p
ERECT, MAINTAIN AND OP- JUIY•
+ 88 in the issue/of ERATE PLANTS AND SYS- l' commencing on the 13 day-of
TEMS
HEAT,F OR ANDL ECTRIC POWERLIGHT AND
ELECTRIC DISTRIBUTION July 13 1988
SYSTEMS IN THE CITY OFI
WATERLOO, IOWA, (HEREIN
"THE CITY") FOR A PERIOD
OF TWENTY(20) YEARS AND
TO FURNISH ELECTRICAL
of said newspaper, and that the annexed rate of
ENERGY TO SAID CITY AND
ITS INHABITANTS FOR LIGHT,
HEAT AND POWERPUR OSES, AND INCLUDING advertising is the regular legal rate of said newspaper,and that the following Is a correct billfor
THE PRIGHT TO CONSTRUCT publishing said notice. I I . I'V
HIGH VOLTAGE ELECTRIC Printer's Bill $
TRANSMISSION LINES INTO
AND THROUGH THE SAID CI-
GU, RE-
GULATIONS PROVIDING FOR THE RE- Pk �. 3..........„---
UNDER
GULATIONS AND CONDITIONS .[..�a.,—
WHICH THE SAID Signed
RIGHT
S TO BE P PROVIDE FOR EXERCISED
'
PREVENTION OF DAMAGE TO Subscribed and sworn to before me this / �
AND TO day of
PR
OPERTY,NOTICE OF DAMAGED
POWERr�s„
POWER LINES, AND TO CON- LI A,(]., 19 FER THE POWER OF CON- - i glIj14( '
DEMNATION, AND PROVID- k �
ING FOR THE REPEAL OF OR-
DINANCE NO.2298. ������
BE IT ORDAINED BY THE VV Notary Public
COUNCIL OF THE CITY OF
WATERLOO,IOWA,as follows:
Section 1. A non-exclusive Received of
franchise Is hereby granted unto
Iowa Public Service Company,a
ion, its successors and
assicorgns,
ns, (herein'Grantee"),for 't Dollars
a term of twenty(20)years corn- ' the sum of
menclngcecowit the date this Or- •. in full for publication of the above notice.
dinance becomes effective,to ac-
t, maintain
r-
aterplantscand systems afor allnd ec- •
trlcli light, •g power,electric
distribution systems and electric
transmission sxstPms (hern�n-