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HomeMy WebLinkAbout2007-11-05 Ordinance \ Prepared by Eleanor Dilkes, City Attorney, 410 EWashington St., Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A NATURAL GAS SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH, DELIVER AND SELL NATURAL GAS TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 2, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 2 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-2-1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called "Company," and to its successor and assigns the right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, Iowa hereinafter called the "City," a gas distribution system, to furnish natural gas along, under and upon the streets, avenues, alleys and rights of way of the City to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants. The City Council reserves to itself the right to extend this franchise to other public places upon request from the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-2-2. The City may continue this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. The City may continue this franchise by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the twentieth anniversary of the effective date. If both such resolutions are adopted, this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-2-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to -1- challenge or contest the City's 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 Iowa City affecting or regulating the Company in its operation of the natural gas utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. 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 Constitution or laws of the State of Iowa. 12-2-4. The Company shall have the right to excavate in any City street, avenue or alley for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits, and other gas system components provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, provided same is not in conflict with Company's standards or state and federal regulation, and other right of way users' facilities or structures, in the right of way. 12-2-5. The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of gas pipes, mains, conduits, and other gas system components. In making such excavations, the Company shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. The Company shall not dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-2-6. Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or natural gas restoration efforts. 12-2-7. 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 natural gas facilities authorized by this franchise; provided, however, that the Company 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. 12-2-8. The Company, and its successors and assigns, is authorized to extend its natural gas distribution system and to engage in repair work and to install new gas distribution and transmission facilities within the City. -2- 12-2-9. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, by extending natural gas facilities in a manner consistent with Iowa law. 12-2-10. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-2-11. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish natural gas in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. 12-2-12. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-2-13. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution, delivery and retail sale of natural gas by the Company or other natural gas providers utilizing the distribution system of the Company, to customers within the current or future corporate limits of the City., The City shall provide the Company with 90-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-2-14. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing natural gas to the public and in a reasonable relationship to an overall plan of distributing natural gas within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not -3- create an unacceptable public safety problem and there is not any reasonable alternative. 12-2-15. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any 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 any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such improvement. 12-2-16. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-2-17. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-2-18. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company 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 Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days following written notice provided by the City to do so. The Company 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. 12-2-19. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-2-20. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, 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 -4- any provision or provisions are ruled illegal or void by a court of competent jurisdiction, the City and the Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-2-21. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor City Clerk ~r?v~d b~ CA- ~l-/ A-- I V "'Ift, - lJ~ City Attorney's Office ATTEST: annen/ord&res/MidAmGasfranchise.doc -5- Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 1 0/1 n /? 00 7 Vote for passage: AYES: Ch,ampion, Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey. NAYS: Correia. ABSENT: None. Second Consideration 11/5/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: Correia. ABSENT: None Date published 10 Prepared by Eleanor Dilkes, City Attorney, 410 E.Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO, AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, AN ELECTRIC LIGHT AND POWER SYSTEM FOR A PERIOD OF TEN YEARS, WITH A TEN YEAR AND FIVE YEAR RENEWAL THEREAFTER, TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS. WHEREAS, the franchise previously granted by the City to MidAmerican Energy Company's successor and codified at Chapter 1, Title 12 of the City Code expired in November 2001; and WHEREAS, the City and MidAmerican Energy Company have negotiated a new franchise agreement on the terms set forth herein; and WHEREAS, it is deemed in the interest of the City and its citizens to enact the following franchise ordinance. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Iowa City, that Title 12, Chapter 1 of the City Code is hereby repealed in its entirety and the following is substituted in lieu thereof: 12-1-1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns, the non- exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, hereinafter the "City," an electric light and power system including the right to erect and maintain the necessary poles, lines, wire, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues and alleys to serve customers within and without said City , and to furnish and sell electric energy to said City and its inhabitants. The City Council reserves to itself the right to extend this franchise to other public places at the request of the Company. Rights are hereby granted for all existing facilities located in other public places prior to the date of this agreement. 12-1-2. The City may continue this franchise by resolution adopted more than one, but less than two years prior to the tenth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the tenth anniversary of the effective date. The City may continue this franchise by resolution adopted more than one but less than two years prior to the twentieth anniversary of the effective date of this Ordinance. In the event the City Council does not adopt such a resolution, this franchise will terminate on the twentieth anniversary of the effective date. If both such resolutions are adopted, this franchise will terminate on the twenty-fifth anniversary of the effective date. 12-1-3. The rights and privileges hereby granted to the Company its successors and assigns are subject to applicable provisions of the Iowa Code, including but not limited to the restrictions and limitations of Iowa Code Chapter 364 (2007) or as subsequently amended or changed, the Code of Ordinances of the City of Iowa City, any other applicable statues or regulations promulgated by Federal or State agencies under -1- federal or state laws, all of said laws, codes, ordinances, statutes and regulations as presently enacted or subsequently amended. The Company reserves the right to challenge or contest the City's 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 Iowa City affecting or regulating the Company in its operation of the electric utility, as the City deems necessary and proper, within the scope of its authority as authorized by the Constitution and Code of Iowa. 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 Constitution or laws of the State of Iowa. 12-1-4. Nothing in this agreement shall be construed or interpreted to limit or prohibit the City, residents or businesses of Iowa City from participating in or enjoying any benefits and protections of a restructured retail electric utility industry to the extent that such benefits and protections are made available to consumers of competitive retail electric services under state and federal rules, regulations and law. 12-1-5. 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 conduits or conductors for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and any regulation the City may from time to time adopt or amend regarding the placement of facilities or structures of utilities, and other right of way users' facilities or structures, in the right of way. All electric utility system components placed above, upon, in or under public right- of way, and the wires placed thereon or therein, shall comply with the National Electrical Safety Code as adopted by the regulations of the Iowa Utilities Board. The Company shall not without express approval from the City place in the right of way any substation operating at greater than 15,000 volts, transmission lines, equipment or appliances operated at greater than 15,000 volts or pad mounted distribution facilities of greater than 15,000 volts serving an underground distribution feeder system. 12-1-6. The Company is authorized to make excavations in City streets, avenues and alleys for purposes of routine repair, replacement, and maintenance of poles, wires, conduits, lines or other electric utility system components. In making such excavations, the Company shall obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues or alleys, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. 12-1-7. Prior to commencing significant construction or maintenance projects in the public right of way, the Company shall use its best efforts to notify the contiguous affected customers. Best efforts shall include but are not limited to at least one of the following: door hangers, telephone contact, or direct mail. Notification shall not be required in the event of emergency repairs or electric outage restoration efforts. 12-1-8. The Company is authorized and empowered consistent with this franchise to prune or remove at Company expense any tree extending into any street, -2- 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 Z133.1 -2006, American National Standard for Arboriculture Operations- Safety Requirements, and ANSI A300 (part 1) - 2001 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, or subsequent revisions to these standards, and City ordinances regarding the pruning of trees and the protection of its facilities upon public ground. The Company shall not remove or prune any tree on public grounds, other than right of way, except in an emergency or when necessary to alleviate an existing electrical outage without first obtaining permission of the City's Public Works Director, nor shall the Company dig or otherwise excavate under the canopy of any tree on public ground, unless using trencherless technologies or directional boring, except in an emergency or when necessary to alleviate an existing electrical outage, without having first given the City's Public Works Director 24 hours notice. 12-1-9. 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 this franchise; provided, however, that the Company 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. 12-1-10. The Company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its transmission and distribution systems, to engage in repair work and to install new distribution and transmission systems within the City. 12-1-11. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by extending lines or facilities in a manner consistent with Iowa law. 12-1-12. The City shall, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City-owned right of way without charge to Company. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its Public Works Director, design such changes to limit the need for the relocation of Company facilities. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. 12-1-13. The said Company, its successors and assigns, as long as it shall operate under the terms of this franchise, shall furnish electric energy in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof in accordance with the Company's rules, regulations and conditions of service as approved by the Iowa Utilities Board. -3- 12-1-14. The Company shall make an annual written report to the City Council summarizing community contributions which benefit the people of Iowa City which have been made by the Company or its Foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three prior years. The report shall be filed with the City Council within three months of the close of the Company's fiscal year. 12-1-15. The City shall be privileged upon 3D-days advance notice to the Company, without charge, to make use of the distribution poles of the Company that are placed within City right of way for any City alarm, City control, or City communication function, excluding any paid subscriber services (but including any City owned cable or wireline communication system for which use the City shall pay an amount consistent with federal law), to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the Company's poles. If at the sole discretion of the Company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress on specific Company facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company of damage or potential damage, the City shall promptly remove said attachments. 12-1-16. The City reserves the right to impose a franchise fee pursuant to the Iowa Code, on the gross revenue of the Company, minus uncollectible accounts, derived from the distribution and the retail sale of electricity by the Company to customers within the current or future corporate limits of the City. The City shall provide the Company with gO-days advance notice of the effective date of any franchise fee put into effect by the City. The City may require the Company to provide an accounting to establish that the fee has been correctly calculated. The City may include a requirement that an audit of the calculation and basis for calculation of the franchise fee be conducted by an auditor of the City's selection and the Company will cooperate with such an audit. Said audit shall not be conducted more than once a year. The City shall pay the costs of the audit unless the audit shows an underpayment of franchise fees by an amount equal to 3% or more of the fees, in which event the Company shall pay the cost of the audit. 12-1-17. With the permission of the City Council, to be separately given in regard to each application to use powers of eminent domain, Company shall have the power to condemn private property for the purpose of providing electric service to the public and in a reasonable relationship to an overall plan of distributing electrical energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council shall approve the condemnation of the private property by resolution if the Council finds the use of such powers is in the public interest, does not create an unacceptable public safety problem and there is not any reasonable alternative. 12-1-18. The Company shall, at its cost and expense, locate and relocate its installations in, on, over or under any 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 any public improvement of, in, or about any such street or alley, or promoting the efficient operation of any such -4- improvement. The City may require the Company to place or bury its electrical utility system components underground as consistent with Company tariffs (it is the understanding of the parties that under current tariffs the Company shall assume and pay as its own expense the cost of moving a line from one above ground location to another above ground location and the City shall reimburse the Company for any additional cost occasioned by placing a facility underground). 12-1-19. The Company shall, at all times during which this franchise is in affect, maintain, administer and operate such energy efficiency and/or conservation programs within the City, as may be approved by the Iowa Utilities Board. 12-1-20. If requested by the City the Company shall participate in a disaster or emergency response communications task force to address such topics as a dedicated communications link between the City and the Company during emergencies, an interoperable radio communications system between the Company and the City, a reverse telephone messaging system and participation by the Company in City and Johnson County joint drills and emergency training exercises. It is the intent of the parties that such participation may be established by a separate agreement which refers to this franchise. 12-1-21. If requested by the City the Company shall participate in a City task force to identify and utilize City generated renewable energy options, including sewage treatment gas or landfill gas available to the City. In the event that the City should at any time during the term of this franchise become an alternate energy producer of electrical energy at a municipally-owned or operated facility the Company shall, if requested by the City, enter into an agreement to purchase the electric energy produced from such qualifying alternate generating facility, subject to applicable statutory requirements and regulations. 12-1-22. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that any assignment by the Company 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 Company breaches any of the provisions of this franchise; provided, however, there shall be no termination if the Company shall correct the breach within sixty (60) days written notice provided by the City to do so. The Company 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. 12-1-23. This Ordinance shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The Company shall within thirty (30) days after the approval of this ordinance by the City Council, file in the office of the clerk of the City its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval and written acceptance -5- by the Company, this ordinance shall be published in the Iowa City Press Citizen. The effective date of this Ordinance shall be the date of publication. 12-1-24. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, 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 Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 12-1-25. All ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this _ day of 2007. CITY OF IOWA CITY, IOWA By Mayor City Clerk ~~:.o:M City Attorney's Office I\) -1 v -01 ATTEST: Annen/ord&reslMidAm electric franchise.doc -6- Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 10/16/2007 Vote for passage: AYES: Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: Correia. ABSENT: None. Second Consideration 11/5/2007 Vote for passage: AYES: Wilburn, Bailey, Champion, Eililiott, O'Donnell, Vanderhoef. NAYS: Correia. ABSENT: None. Date published ~ Prepared by: Marian Karr, City Clerk, 410 East Washington St., Iowa City, IA 52240; 319-356-5041 ORDINANCE NO. 07-4292 AN ORDINANCE AMENDING TITLE 5, "BUSINESS AND LICENSE REGUAL TIONS," CHAPTER 2, "TAXICABS," IN SECTIONS 5-2-2, "TAXICAB BUSINESS LICENSE; VEHICLE DECALS," SUBSECTION C AND D; 5-2-3, "LIABILITY INSURANCE REQUIREMENTS," SUBSECTION A(2); 5-2-4, "VEHICLE INSPECTION REQUIRED," SUBSECTION A1(a) AND (b); 5-2-8, "VEHICLE REQUIREMENTS," SUBSECTION B; 5-2-9, SUBSECTION C, "VEHICLE STAND,"; AND 9-4-10D "PUBLIC CARRIER STOPS AND STANDS," SUBSECTION 2b "TAXICABS," OF THE CITY CODE TO CLARIFY CURRENT REQUIREMENTS, TO INCREASE SAFETY, AND TO REQUIRE ANNUAL INSPECTIONS. WHEREAS, in November 2006 the City Council passed ORD. 06-4243 which established new regulations for "Taxicabs"; and WHEREAS, the City Council requested a one year review of those regulations; and WHEREAS, City staff recommends certain changes in the taxicab provisions of the City Code to clarify existing requirements, to increase safety, and to require only annual inspections; and WHEREAS, it is in the City's interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I. AMENDMENTS 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," is hereby amended by repealing the following sections and subsections in their entirety and replacing them with the following: 5-2-2, Taxicab Business License; Vehicle Decals, subsection C: Issuance or Denial of Business License: If the city clerk finds that the applicant has fully compiled with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. Revocation Of Business License: If the city clerk subsequently finds that the taxicab business company is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke the license to conduct a taxicab business as provided in section 5-1-5 of this title. 5-2-2, Taxicab Business License; Vehicle Decals, subsection D, Decals, subsection3(d): Decals will be issued by the city clerk on the next business day at least twenty fours (24) hours after the filing of a completed application for such decal with the city clerk. 5-2-3, Liability Insurance Requirements, A. Requirements, subsection 2: Each certificate shall provide for ten (10) calendar days' prior written notice to the city clerk of any nonrenewal, suspension, cancellation, or termination. A taxicab business licensee shall provide at least ten (10) calendar days' written notice to the city clerk of any nonrenewal, suspension, cancellation, or termination of the policy of insurance. 5-2-4, Vehicle Inspection Required, Subsection A1: All taxicabs shall be inspected for compliance with the requirements of this chapter and the following: Ordinance 07-4292 Page 2 a. Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light operation, hazard light operation, marker lights (including parking and side marker), operation license plate lights, windshield, windshield washers, windshield wipers including rear wiper if so equipped, vent glasses, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood, and interior door handles, exhaust system, splash shields, bumpers, fenders, mirrors including rearview and outside mirrors and attached lighted dome light, body and tires shall be inspected to ascertain that each is functioning properly. Each taxicab shall be maintained in a reasonably clean condition. There shall be no tears or rust holes in the vehicle body and no loose pieces such as fenders, bumpers or trim hanging from the vehicle body. There shall be no unrepaired body damage which would create a safety problem or interfere with the operation of the vehicle. b. Interior: The rear view mirror, foot brakes, parking brakes, seat belts, horn operation, passenger interior light and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of tears, and that the trunk has sufficient space for passengers' luggage. 5-2-4, Vehicle Inspection Required, Subsection B: The city equipment superintendent or designee may require reinspection of a vehicle on belief that a vehicle is not mechanically fit. In the event any vehicle is determined by the city equipment superintendent or designee not to be mechanically fit. the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. The police chief or designee may require reinspection of a vehicle on belief that a vehicle is in such unsafe condition as to endanger any person. In the event any vehicle is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. Once notified the licensee must have the vehicle reinspected within 2 business days, and a new decal will be provided at no charge. If the licensee fails to have the vehicle reinspected or the vehicle fails reinspection within two business days, the licensee must apply for a new decal and will be charged the fee established by council resolution. 5-2-8, Vehicle Requirements, Subsection (B): Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of 12"x1" x 3". In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible the city equipment superintendent or designee may approve an alternative placement. 5-2-9, Vehicle Stand, Subsection C: Delete in entirety. 5-2-10, Terms of Decals and Badges; Renewals, Subsection C: Decals shall be valid for one year. They shall commence on March 1 or the date of issuance, and shall expire on the last day of February. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," Subsection D2b is hereby amended by repealing it in its entirety and replacing it with the following: 9-4-10, Public Carrier Stops and Stands, Subsection D2b: Taxicabs: The driver of a taxicab shall not stand or park a taxicab on any street at any place other than in a designated taxicab stand. Application for a vehicle stand shall be made along with a fee as determined by the city manager, or designee, and adopted by the city council. This provision Ordinance 07-4292 Page 3 shall not prevent the driver of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place while actually engaged in the expeditious loading or unloading of passengers SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect March 1,2008. Passed and approved this 5th day of November ,2007. ~W Jl-.---- Ross Wilburn, Mayor Attest: 7J~ k ~ Marian K. Karr, City Clerk Approved by ~ City Attorney's office WPDA T A1CLERKltaxi20070RD.doc Ordinance No. Page _4 _ 07-4292 It was moved by Vanderhoef and seconded by Champion as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef . Wilburn First Consideration 10/1 h /7007 Vote for passage: AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Second Consideration --------- Vote for passage: Date published 11/1"-/?007 Moved by Vanderhoef, seconded by Bailey, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey. NAYS: None. ABSENT: None. Ordinance Page 3 shall not pre nt the driver of a taxicab from temporarily stopping in accordance wi~hrer stopping or par 'ng regulations at any place while actually engaged in the expeditious lorlng or unloading of pass ngers / SECTION II. REPE ER. All ordinances and parts of ordinances in conflict with the pfvisions of this Ordinance are he by repealed. / SECTION III. SEVE BILlTY. If any section, provision or part of the Ordin~ce shall be adjudged to be invalid 0 unconstitutional, such adjudication shall not affect th~1 validity of the Ordinance as a whole 0 any section, provision or part thereof not adjvtJged invalid or unconstitutional. . / SECTION IV. EFFECTIVE D TE. This ordinance shall be in effect a~r its final passage, approval and publication, as proved by law. Attest: Passed and approved this Marian K. Karr, City Clerk APpr~~~y .~. ~~ 10 JQ'.CJt City Attorney's office WPDA T A1CLERK/taxi20070RD.doc \\ \, \ , \ '\ \ \ \ \ '\,.