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HomeMy WebLinkAbout1986-08-26 OrdinanceGer i ORDINANCE NO. i AN ORDINANCE GRANTING TO IOWA -ILLINOIS ,I GAS AND ELECTRIC 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 i ! PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL ELECTRIC ENERGY TO SAID CITY AND ITS INHABITANTS, BE IT ENACTED by the City Council of the City of Iowa City: Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do ibusiness in the state of Iowa, 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, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without said City of Iowa City, for a iperiod of fifteen years from and after the effective date of this ordinance, and to furnish and sell electric energy to said City and its inhabitants. Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company's successor and assigns, are subject to: /r36 -I (1) applicable provisions of the Iowa Code, including but not limited to, Chapter 364 thereof: (2) the Code of Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter 32, Subdivision Regulations; Chapter 33, Article IV, Public Utilities Regulation; t Chapter 34, Vegetation; and Chapter 36; Zoning, and (3) any other applicable statute or regulation promulgated j by Federal or State agencies under federal or state laws; I all as said laws, codes, ordinances, statutes and regulations are presently enacted. The Company acknowledges the validity of the aforementioned laws, codes, ordinances, statutes and regulations as they may exist as of the effective date of this ordinance, i provided however, that the Company 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 Iowa City affecting or regulating the Company 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 2. 1136 which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. Section 3. The company shall have the right to erect, construct, or install all necessary electric utility system components, including but not limited to, posts, poles, towers, conduits, fixtures, manholes, appliances and accessories and to place thereon or therein the necessary wires for the transmission and distribution of electric energy in and through said City, but all electric utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the City, or of any other public utilities which are in place. 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 and the regulations of the Iowa State Commerce Commission regarding construction and clearance requirements. Section 4. The Company is authorized to make excavations in City streets, avenues, alleys and public places for purposes of 3. /,136 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 permit therefore pursuant to Chapter 31 of the Municipal Code, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, 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 Chapter 31 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. The Company is empowered and authorized to cut and trim in a careful and prudent manner, at its expense, any trees extending into any street, alley or public ground so as to prevent limbs or branches from interfering with the Company's above -ground transmission or distribution lines or facilities. The authority or obligation of the Company shall not extend beyond trimming trees sufficiently to clear its above -ground lines and facilities. Cutting or trimming shall be performed in residential street and alley areas in accordance with standards to be established by the City Forester. The Company shall submit to the City Forester on or before December 1, of each year, a 4. /y36 I ifflid ■; schedule of tree trimming that it intends to do in the residential street and alley areas. Trimming or cutting which is done on an emergency basis and which is not shown on the annual trimming and cutting schedule shall be reported to the City Forester within 7 calendar days following such trimming or cutting. I Section 5. The Company 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 Company, or by the passive negligence 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 Company of the electric utilities authorized by this franchise. However, the Company shall not be obligated to defend, indemnify and save harmless the City for any costa or damages arising from the negligence of the City, its officers, employees or agents where the Company is not negligent in any i way. In situations where the damage was caused or contributed to by the active or passive negligence of the Company and the active negligence of the City, the principles of comparative negligence in effect in Iowa shall apply as between the Company and the 5. /4136 I City. The duty of the Company 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 6. The Company, and its successors and assigns, is authorized to extend its lines, wires and conduits, to expand its i transmission and distribution systems, to engage in major repair I work and to install new distribution and transmission systems within the City, provided that such work is done in accordance with the rules and regulations of the Iowa State Commerce Commission, and provided further that City approval of such work is first obtainedursuant to requirements and p q procedures set forth in Chapter 33, Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. Section 7. The said Company, its successors and assigns, so 1 long as it shall operate under the terms of this franchise shall furnish electric energy in sufficient quantities to supply the i 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 State Commerce Commission. Section 8. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business. 6. 1y136 T Section 9. The City shall be privileged upon notice to the Company, without charge, to make use of the poles, posts, towers, and underground conduits of the Company for any City alarm, City control, or City communication function 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, posts or towers, or in the Company's underground conduits. Section 10. Upon approval of the City Council and after reasonable attempts to acquire by purchase, the 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 may approve the condemnation of the private property by resolution. Section 11. 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 7. /y36 i promoting the efficient operation of any such improvement. The City may, upon a showing of good and reasonable cause, require the Company to place or bury its electrical utility system components underground in any underground service district hereafter established by the City pursuant to the procedure set i forth in Chapter 33, Article VI of the Municipal Code, Public Utility Regulation. Section 12. This franchise shall apply to and bind the City and the Company and their successors and assigns; provided that I 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. 8. /y/W I j Section 13. The Company shall, at all times during which jthis franchise is in effect, maintain, administer and operate such energy conservation program within the City, as may be approved by the Iowa State Commerce Commission, which program shall be designed and operated to promote the conservation and efficient use of electrical energy by all utility customers within the City. Section 14. In the event that the City should at any time during the term of this franchise become a generator or producer of electrical energy at a municipally -owned or operated facility, or at any other facility in agreement with any co -producers, the Company shall, if requested by the City, enter into an agreement to either purchase or wheel to City facilities the electric energy produced from such qualifying generating facility, such further agreement being subject to the approval of the Iowa State Commerce Commission, and to applicable statutory requirements and regulations. Nothing contained in the terms of this franchise shall be construed to prevent the City from purchasing electrical power for its facilities from sources other than the Company and to contract for same from these sources. Section 15. 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 9. cost and expense of the election relating to the franchise provided for herein shall be paid by the Company. Section 16. The Company, within thirty (30) 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 17. This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 15 hereof; acceptance by the Company as provided in Section 16 hereof; and publication as required by law. Following voter approval and acceptance of this Ordinance 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. Section 18. 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 Company shall forthwith amend this franchise to insert a successor provision that complies with the applicable court ruling. 10. /y36 T ` 1 �-.- --. I � �f I It was moved by and seconded by that the Ordinance as read e a op ed and upon roll ce ere were: AYES: NAYS:ABSENT: — AMBRISCO BAKER I COURTNEY — DICKSON ? MCDONALD — STRAIT — ZUBER j ' First consideration 7-29-86 Vote for passage: yes: risco, Courtney, Dickson, Strait. Nays: Baker. Absent: McDonald, Zuber Second consideration 8-12-86 Vote for passage yes: Dic son, McDonald, Strait, j Ambrisco, Courtney, Nays: None. Absent: � Baker, Zuber f Date published i I� i F /y3G ORDINANCE NO. AN ORDINANCE GRANTING TO IOWA -ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF IOWA CITY, A GAS PLANT OR PLANTS FOR A PERIOD OF FIFTEEN YEARS AND TO FURNISH AND SELL GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF IOWA CITY AND ELSEWHERE. BE IT ENACTED by the City Council of the City of Iowa City: i Section 1. There is hereby granted to Iowa -Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the state of Iowa, hereinafter called the "Company", and to its successors and assigns the non-exclusive right and franchise to acquire, construct, erect, maintain and operate in the City of Iowa City, a gas plant or plants for the production, storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, including the right to to use the streets, avenues, j alleys and public grounds and bridges in the City of Iowa City for the purpose of laying, constructing, maintaining, replacing ! and substituting mains, pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City of Iowa City and elsewhere for a period of fifteen years from and after the effective date of this ordinance, and to furnish and sell such i gas to said City and its inhabitants. /S/3 7 I Section 2. The rights and privileges granted to the Company, as franchisee under this franchise ordinance, and including the Company'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 Ordinances of the City of Iowa City, including but not limited to Chapter 31, Article II, Excavations; Chapter I 32, Subdivision Regulations; � I i Chapter 33, Article IV, Public Utilities Regulation; Chapter 34, Vegetation; and Chapter 36; Zoning, and i (3) any other applicable statute or regulation I 9 promulgated by Federal or State agencies under federal or state laws; all as said laws, codes, ordinances, statutes and regulations are presently enacted. The Company acknowledges the validity of the i' aforementioned laws, codes, ordinances, statutes and regulations ias they may exist as of the effective date of this ordinance, provided however, that the Company reserves the right to challenge or contest the City's future interpretation or application of any of said laws, codes, ordinances, statutes and i 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 gas utility, as the City deems necessary and 2. /4/39 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. Section 3. The Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing or extending gas pipes, mains, conduits and other facilities, but all gas utility system components shall be placed and maintained so as not to cause unnecessary obstruction of or unnecessary interference with the construction or operation of any public improvements or facilities located upon public property or public right-of-way, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains, or water mains, which have been or may hereafter be located by authority of the City, or of any other public utilities which are in place. All gas utility service components placed above, upon, in or under public right-of-way shall comply with the National Fuel Gas Code and the regulations . of the Iowa State Commerce Commission regarding construction and clearance requirements. Section 4. In making excavations In any streets, avenues, alleys and public places for the installation of gas pipes, conduits, or apparatus, the Company shall obtain a permit therefore pursuant to Chapter 31 of the Municipal Code, shall not 3. /1137 I E unnessarily obstruct the use of streets, avenues, alleys or public places, 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 Chapter 31 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. Section 5. The Company 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 Company, or by the passive negligence 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 Company of the gas utilities authorized by this franchise. However, 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 where the Company is not negligent in any way. In situations where the damage was caused or contributed to 4. /y3� by the active or passive negligence of the Company and the acLive negligence of the City, the principles of comparative negligence in effect in Iowa shall apply as between the Company and the City. The duty of the Company 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. j Section � 6. The Company, and its successors and assigns, is authorized to extend its mains, pipes and appurtenances, to expand its transmission and distribution systems, to engage in major repair work and to install new distribution and transmission systems within the City, provided that such work is done in accordance with the rules and regulations of the Iowa State Commerce Commission, and provided further that City approval of such work is first obtained pursuant to requirements and procedures set forth in Chapter 33, Article VI of the Municipal Code, Public Utilities Regulation, now in effect or as amended. Section 7. The said Company, its successors and assigns so long as it shall operate under the terms of this franchise shall furnish gas in sufficient quantities to supply the reasonable demands of said City and the inhabitants thereof and in i accordance with the Company's rules, regulations and conditions of service as approved by the Iowa State Commerce Commission. 5. 1'9'3 7 I Section 8. The Company, its successors and assigns, is authorized to impose reasonable terms and conditions upon the l furnishing of gas service and reasonable rules and regulations in the operation and conduct of its business. Section 9. Upon approval pproval of the City Council and after reasonable attempts to acquire by purchase, the Company shall have the power to condemn private property for the purpose of � providing gas service to the public and in a reasonable relationship to an overall plan of distributing gas energy within the City. The Company must establish the necessity of each taking of private property and, when so established, the City Council may approve the condemnation of the private property by resolution. Section 10. The Company shall, at its cost and expense, locate and relocate its installations in, on, over, or under any Public street 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 the street, or any public improvement of, in or about any such street or alley or promoting the efficient operation of any such improvement. Section 11. 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 6. T 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. Section 12. The Company shall, at all times during which this franchise is in effect, maintain, administer and operate such energy conservation program within the City, as may be approved by the Iowa State Commerce Commission, which program shall be designed and operated to promote the conservation and efficient use of gas energy by all utility customers within the City. Section 13. This ordinance and the rights and privileges i herein granted are subject to the approval of a majority of the electors of the City, voting at the next general or municipal 7. �y3, election or at a special election called for that purpose. The i cost and expense of the election relating to the franchise i provided for herein shall be paid by Company. Section 14. The Company, within 30 days after the approval of this Ordinance by a vote of the people, shall file in the i Office of the City Clerk its acceptance in writing of all the terms and provisions of this Ordinance. Section 15. This Ordinance shall become effective upon passage by the City Council, approval of the voters as provided in Section 13 hereof, acceptance by the Company as provided in Section 14 hereof, and publication as required by law. Following voter approval and acceptance of this Ordinance 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. Section 16. 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 lawful 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 8. 14137 i amend this franchise to insert a successor provision that complies with the applicable court ruling. Section 17. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this day of _ 1986. ATTEST: Ci ty Clerk CITY OF IOWA CITY, IOWA By Mayor 9. I -f T h It was moved by , and seconded by finance as rea a op that the ted and upon rol ca re were: . AYES' NAYS: ABSEM AMBRISCO BAKER COURTNEY DICKSON MCDONAI.D SIRAIT ZUBER First consideration 7/29/86 Vote for passage: Ayes: Courtney, Dickson, Strait, Ambrisco Nays: Baker. Absent: McDonald, Zuber Second consideration 8/12/86 Vote for passage Ayes: M1cDonald, Strait, Ambrisco, Courtney, Dickson. Nays: None. Absent: Baker, Zuber Date' published OBDINWE NO. _ AN CiDIWXE MMING C APTER 33 IF THE IOIdA CITY MICIARTICLES ARTICLE UTILITIES :TO By ADDING THERETO A U UTILITIES REGULATION," , HE EN MED RELIC MISTING OF ZTIOfS 33-171 CF IUD UTILITIES IN 'RE USE CF PUBLIC G4T-OF_My. PFA4U: WEREAS, Ptrsuant to Section 36q.1 of the Hae Code the City is authorized to "exercise any pow and Perform any function it doom appropriate to Protect and preserve the rights, privileges and Property of the city or of its residents, and to preserve and inprooe the Pea a safety, health, welfare, corfort and omvenierce of its residents'; and 11EREAS, pursuant to Section 364.2 of the Ione Code the City is authorized to regulate "the conditions required and the manner of use of the streets and the public grounds of the city' by Public utility franchisees; and "WAS, this City Council has further beenadvised, and has food and determined, that it would serve towel�farr Preserve '*rPwet and the Peace, safety, City residents and to eand Preserve of lite Property by adoption ofroan Ordinance fu t ing city Public utilities' use of public right-of-my and Public Property, and requiring approval of utility WW, TIEUORE ffexpansions � UMAINED BY TIE CITY CCKIL ff THE CITY ff IONA CITY, i7. Section 1. That Chapter 33 of the Iona City �RaTCcde, "Utilities," be, and the sane is hereby mulled by adding thereto the following new article, Article VI, to be entitled "Public Utilities Rgulation," consisting of Sections 33-171 through 33-172, to read as follovs: Chapter 33, Article VI Public Utilities regulation Division 1. Title, purpose and Definitions. Section 33-171. Title. The ordinance codified in this chapter shall be known as the "public utilities regulation ordinance." Section 33-172. RrPose. The Purpose of this chapter is (1) to regulate the use of public right -of -my for the distribution of energy and audio or visual camonicatims by eanPanies holding ne City,joke or otherwise Permitted to use public right -of -,ay to deliver a product or service to the residents of 1-138' -T 1 ordinance W, Page 2 this city; and (2) to regulate the location of utility sYsten expansions and extensions to W=te comprehensive city planning. Section 33-173. oefinitius. For the purpose of this chapter the following temps shall have the meanings herein ascribed to then eccept where the contact clearly requires otherwise: (a) Audio or visual camwications" include radio and television transmissions and telephonic communications. (b) "Energy1' means power supplied to customers either in the form of gas or electricity. (c) %jor repair work" means the repair or reconstruction of a part of the utility systen to the extent that part of the system under repair involves one or more complete city blacks. (d) "Public utility company" or "company, means any p1son, company or corporation utilizing the lic right -5 -way to deliver energy or audio or visual communications to the residents of the city and holding a city franchise for that Utility (e) 'Utility system" or "utility system caniooemts" means and includes poles, overhead wires, uudergrUM conduits, Piping, manholes and other installations and appliances necessary for the generation, transmission or distribu- tion of energy or audio or visual cammmica- tions. (f) "Electrical distribution system" ins all electrical system canponents designed or used for the distribution of electric energy within the City, other than transmission lines. (9) "Electrical transmission system" mans those electrical system nom VMts which directly serve or support electrical lines carrying thirty-four point five (34.5) kilovolts or more of electric current. (h) 'thdegrouud service district" rens a defined area err tract of lard within which all public utility companies are required to place utility system cmponents below the surface or grade of the right-ofwey or private property upon which said components are located or through which they traverse. Section 33-174. Reporting Requirenemts, The following infatuation shall be furnished by the Company to the City Clerk and filed in that office within the tines hereinafter set forth: (a) Annual RWrt to Stockholders (within 30 days of issuance). /13' Drdinance No. Page 3 (b) Annual report to applicable state and federal regulatory agencies (within 30 days of filing). (c) 1CK-annual Report (SEC) (within 30 days of filing) . (d) Copy of Camnpany's current rate manual and all updates. (e) Projections and plans for future transmission in the city to be provided annually. (f) Written notice to the City of any rate increase requests applicable to the City or its inhabitants filed by the Campany before the Im State Camie m Cormission. Division 3. lhrupimt of Rblic Utility Use of Rblic RfghW-ft; Public Utility Systems Plaming, Sectim 33-175. lops aid Projection. The Company shall furnish to the Public Works Department curmt maps stowing the location of all existing underground utility system caipments in the city streets and alleys aid on private property, The Canpany shall thereafter provide the City with updated maps vhen same are updated by the Company for its use. The City's use of such naps shall be limited to City utility and improvement planning purposes. In addition, the Company shall furnish information and projections concerning all planned or proposed utility system extensions or expansions, major repair Cork projects and projects to install new system. Such information aid projections shall be prepared giving due consideration to the City's five yew Capital Improvement Plan, and shall be provided in canprehensive form and with sufficient lead time to provide the City the opportunity to induct appropriate revieve. Section 33-176. Extension or EAwsim of Utility System, l6* Rxpeir WA and babllatim of New 9ysibme. Before any pblic utility cairoany, now or hereafter operating or maintaining utility distribution systems, cmmences any extension or expansion of its utility systen, any major repair vork or the installation of any new system in the City, there shall be filed with the Public Works Department a vritten statement specifying the streets, alleys, public places or private property, or parts thereof, in vhich it proposes to extend, eopard, install or repair its utility system, The Director of Public Works my require that the statement be accompanied by a nap, plan and specifications to an acceptable scale showing the proposed location of the utility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utility systen campments and the distance above or beneath the /x/36' Ordinance No. Page 4 surface of the groud it is proposed to repair or to lay the sane. If the proposed locations of any utility system a ponents shall interfere with the reasonable and proper use, construction, reconstruc- tion and maintenance of any pblic inprovements or other existing utility system oxnponeot err other structure upon or under the streets, alleys or public places of the city, the Director of Public Woks shall, within a reasonable tine after the filing of such plan, map and specifications, rote the necessary and proper charges to eliminate all interference with public improvements or existing utility system and refer the sane back to the public utility company for correction. Such map, plan and specifications, Wm properly charged and corrected, shall be filed in the office of the Public Works Deparhnernt, and after the approval of the same by the Director of Public Warks, a permit shall be issued authorizing the canpeny to excavate in the streets and alleys and to erect and construct such utility system in accordance with said corrected maps, plans and specifications. The permit issued hereunder shall include any permit required pursuant to Chapter 31 of the Municipal Code. No such excavation, construction or erection shall be cormeced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. Section 33-177. fmstruetim aM Repair. In the process of location, construction, reconstruction, replacenent or repair of any utility system cmicnad, the excavation or obstruction made or placed in any street, alley or public ground at any tine or for any purpose by any such public utility c y shall be properly barricaded to protect the public and to assure the safe and efficient movement of traffic, and all pavement taken up or displaced shall be properly and speedily replaced under the general supervision of the City. As a condition to use of public right-of-way, every public utility conpuny (except those public utility ompanies having a franchise by City ordinance) engaged in the making of such excavation or in the construction or erection of the utility systems eonponent or in the repair or replacement of same, or having contracted for the work to be done, shall pay all damages or injuries to persons or property, as well as to the City, resulting fron the negligent or improper construction, erection or repair of such utility systen or the maintenance and use of the sare, and shall fully indemnify and save harmless the City fron and against all clains of every nature for danages to person or property arising or resulting /y,3'f fJ Ordinance tb. Page 5 from negligent construction or negligence in constructing or maintaining such utility system components, or in the repair of the same or resulting or arising from delay or failure to restore the street, alley or public ground to its f neer condition, where excavations have been made, or resulting from a failure to properly barricade such excavations. If the public utility company fails to repair or arrange for the proper repair with the City of any street, alley or public ground after excavations have been made, and after five days' notice in writing to do so, giver to its local representative, then the City may make such repairs at the expense of such public utility company. Section 33-178. Excavations and Tree Trimdrg. In making any excavation in a public street, avenue, alley or other public place, the Company shall obtain a permit therefore pursuant to Chapter 31 orf the hUnicipal Code, shall provide the Public Works Deparhnett with 24 hours notice prior to the actual camercenaut of the vork, shall not unnecessarily obstruct the use of such streets, avenues, alleys or Public places, and shall amply with all provisions of Chapter 31 in performing such work. In emergen- cies vhich require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, hovever, that the Company shall apply for and obtain the excavation permit as soon as possible after cammencing such emergency work. A public utility conpany authorized to cut and trim trees under the tens of its franchise must conduct such work in a careful and prudent mtmner. The authority or obligation of the company in this regard shall not extend beyond trimming bees sufficiently to clear and prevent interference with its above -ground transmission or distribution lines and facilities. Cutting or trimning shall be perforrted in residential street and alley areas in accordance with standards to be established by the City Forester. The Company shall submit to the City Forester on or before Decerber 1 of each year, a schedule of tree trimming that it intends to do in the residential street and alley areas. Trimning or cutting vhich is done on an energaxy basis and vhich is not shove on the annual trimming and cutting schedule shall be reported to the City Forester within seven calendar days following such trimming or cutting. Section 33-179. Extension or Expansion of Electrical Utility Transmission systems and Installation of New Electrical Utility Transmission Systens. Before any Public utility company, nod or hereafter operating or maintaining an electrical /4113e' 'rd Ordinance No. Page 6 utility systen within Iona City commences any extension Or expansion of its electrical utility transmission system in the City or the installation Of onY new electrical utility transmission system in the City, there shall be filed with the Pblic Works Department, in duplicate, a written statement specifying the streets, alleys and public places, or Private property, or Pats thereof, in ►hick it Proposes to extend, expand, install or repair its utility systen, The Director of Public Works may require that the statement be accompanied by reps, Plans and specification, in duplicate, drawn to m acceptable scale, showing the proposed location of the electrical utility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utility system cats and the distance above or beneath the surface of the ground itis proposed to repair or to lay the sane. If the proposed locations of any electrical utility systen campments shall interfere with the reasonable and paper use, construction, reconstruction and maintenance of any public improvements or other existing utility system component or other structure upon or under the streets, alleys or public places of the city, the Director of public Works s time after the filing hall, within a reasonable of such plan, map and specifications, note the necessary and proper changes to eliminate all interference with Public TnPwsnents or existing utility system and refer the same back to the public utilityy oonpany for car'ecticn. Such nap, plan and specifications, when the officee of the Publed aid ic Wades DDee 1parimeeut O inn COPS thereof, together with the mitten stateneit, shall be fansrded to the Planning and Zoning Commission: Section 33-180: Stardarrk aM tritnrda for Ileriew of the location of Reposed Dmios or FxtesicM of Electrical Otility TraffMission *tM5. or for Lrstallation of New Electrial Utility TransMssim Systems: (a) Review by Director OF Public Works. In reviethe written statement and th Plans andifitions submitted by ' electrical utility conpany pursuant to Section 33-179 above, the Director of Public works shall determine the degree to which the electrical utility C(mPmY's Proposal carplies with the standard set out in this paragraph and shall faward findings and a recomedation thereon to the City Council. All utility system cOmpments erected by an electric utility company within the city shall be so /4/38 Ordinxrce ND. Page 7 located as to cause mininnm interference with public impraemonts and Otho- public utilities located in the streets, alleys and otha• public ways and places and to cause minium interfer- ence with the rights or reasonable convenience of Property Mles vin adjoin my of the said streets, alleys or other public ways or places. (b) Review by Planning and Inning C=ission. In reviewing the written report and the maps, plans and specifications submitted by the electrical utility canpany pursuant to Section 33-179 above, the Planning and Zoning Canmis- Sion shall review the electrical utility company's proposal in light of the following planning criteria, and shall report its findings and recomendations to the City Council. (1) The relationship of the proposed project to Resent and future econanic developnnant of the M. (2) The relationship of the proposed project to the edstirg electric utility systen and parallel existing utility routes. 3 The possible use of alternative routes. 4; The relationship of the proposed project I to the present and future lard use and Zoning ordinances. (5) The inconvenience or damage which may result to Property Owes as a result of (c) City Proposed Project. Ergines and the Planning and Zoning iCormission shall be required to Make their CCity CConcilpective �Unin and �amnnof the �Ythe final submission of its report, and the accon- M 33- s, plans and specifications. Sectthe E"6ion or Mnian fElectrical Utility Transmission Systems and for the Installation of 60 Electrical Utility Trum'issim Systes. Within I � days tf its receipt of the reports and recomnen. dations of the Director of public ibrks and the Planning and Zoning Carmission relative to the electrical utility amparny-s proposal to expand or octad its electrical utility transmission systen or to install a neer electrical utility transmission i systen, the City Council shall, by resolution, either approve or disapprove said proposal based on the standards and criteria stated in Section 33-180 above and on the recmmondations received. in the event that the City Council disapproves said Proposal, the resolution shall reflect the reason or reasons for disapproval, if the City Council fails Ordinance No. Page 8 to either approve or disapprove such proposal within the said 60 -day period, the proposal shall be considered to be approved. Upon approval of the canpany's proposal as aforesaid, the Director of public Works shall issue a permit therefore and the cgwy may proceed with the work. No person shall perform any such vwk unless and until the required permit has been issued. The permit issued hereunder shall include any permit required pursuant to chapter 31 of the Municipal Code. No such excavation, construction or erection shall be camreiced before the issuance of the permit herein provided for and all work shall be in strict accordance with the said corrected maps, plans and specifications. Section 33-182. the rWwd Service Rewired. In all new residential subdivisions platted or developed in Ione City, public utility mnpanies shall be required to install utility distribution systems udergrourd in accordance with accepted engineering practices. Gas utility distributim mains and lines, and supply lines, except for certain control facilities, shall be placed uda7m)d throughout the City in accordance with accepted engineering practices. All above ground gas facilities shall be located with due regard for aesthetics. Underg ou rd electrical service shall be installed pursuant to the requirenmts of Chapter 33, Article III of this Mnicipal Code. Underground telephone service shall be installed pursuant to the requirenauts of Chapter 33, Article IV of this Municipal Code. Section 33-183. Udergrob Service Districts Established. (a) The City prey. upon a showing of good eruct reasonable cause, require the conpary to place or bury its utility systen canponents under- grourd in any undergrourd service district hereafter established by the City pursuant to this provision. (b) The following described area(s) shall crosti- tute the underground service district(s): (1) Dantom District: Wison Street north frau Court Street to Washington Street, Washington Street east to Gilbert Street, Gilbert Street south to Burlington Street, Burlington Street west to Lim Street, Lim Street south to Court Street, and Court Street west to Wison Street. Section 33-184. lido WOurd Service District Pegulatims. (a) Before carnexing the work of placing utility lines underground, the Campmy shall file with the City a written statement specifying the 6914 Ordinance No. Page 9 (b) (c) (d) (e) (f) Particular streets, alleys and public highey, or parts thereof, in khich undaVrounj utilities are to be located, the approximate size of the lines, cables, and/or corduits proposed to be used and the distance front the surface of the street to the tap of such 1 ines, cables, and/err conduits. The statements required by subsection (a) of this section shall be acwnpanied by a rep, plan or specifications which shall show the proposed location of the lines, cables and/or conduits with reference to the streets, alleys and surface of the streets and the approximate dimensions of the lima, cables, conduits or manholes to be used therewith. The proposed locations nay be changed by the Department of Public Works of the City if they shall in any way interfere with other conduits, pipes or mains placed ondegroud by the City or by any other public utility. The statement, map, plan or specifications, altered as provided far in subsection (b) of this section, after being corrected or changed, together with the original statenent, shall remain on file in the office of the Department of Public Works of the City. All underground facilities shall be constructed in accordance with the corrected staterent, map, plan or specifications. A pennit to excavate in any street, alley or Public highway as provided in this Section shall be issued by the Deparbnent of Public Woks to construct underground facilities as Provided for in Chapter 31 of the Municipal Code, hdhen their location has been approved by the Department of Public Works. All such excavations shall be made in compliance with the requirements of this Chapter and Chapter 31 of the Municipal Cade. In planning undergroud ducts, the capany shall include in the plans a conduit space in which the City may place its City alarm, City control, or City comunication wires, free of charge. The Company shall cork with the City in the installation, repair and reeoval of alarm, control, and communication wires in the space allotted to the City. The above-groud extension of a utility line fron an underground conduit to a building or other location within the udegroud service district must be approved by the Department of Public Works of the City prior to its installa- tion. /y3P Ordinance No. Page 10 (g) Any above ground facilities in an underground service district shall be located with due regard for aesthetics. Section 33-186. Pblic Utility DmM Cmtrar tors, The requirerents of this chapter shall apply fully to all persons, fires or corporations performing work far a public utility trnpany oder a contract a other type of work order. Division 4. 6emeal Rwisions. Section 33-186. Corditims of SbMc paKy. (a) plscomponents erected llblicutility hy within city shall be so located as to cause minimum interference with other public utilities located in the streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets,' alleys or other public ways and places. (b) Relocation. The Gopany shall, upon reasonable notice and at its cost and expense, remove, locate and relocate its utility systen canponents in, on, over or under any public right-of-way in the city in such manna' as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or charge in grade of any public improvement on, in or about any such public right-of-way, for the purpose of pranoting the efficient operation of any such improvenant, or for the purpose of facilitating the vacation and redevelopment of public right-of-vey by the City. In the event the public utility canpany fails to act within the allotted time, the City may cause the utility distribution systems to be relocated and the costs thereof shall be assessed to the public utility cmpany. (c) Placement of Caponents, The pblic utility company shall rot place their utility system cegornonts in the public right-of-way where the sane will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sellas, stem suers, storm drains or water mains. Section 33-187. FWn of City tbthing in this chapter contained shall be construed to abridge the right or pas' of the City to make further regula- tions relative to the use of the streets, alleys and A1139f —f Ordinance Pb. Page 11 public grounds by a public utility conpany using the sare for the erection and maintenance of utility systems. Section 33-188. Penalty. Any persons willfully violating this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished according to the prmisiors of Section 8 of Ordinance No. 78-2918. Section 2. Severabili� Clare. If any of the pra�ans�o rwnce are for my reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and renin in full forme and effect, the sane as if the Ordinance contained no illegal or void provisions. Section 3. Repealer. All ordinances or parts of ordiroxes in ct with 'the. of this ordinance we hereby repealed. Section 4. Effective Date. This ordinance shall be in full force and effect fren and after its final passage and publication. The City Clerk is hereby directed to publish this Ordinance an November 14, 1986, which shall be the effective date hereof. Passed and approved this PAYOR A11EST: MY CLEW 6pived & Apprcyr.a M Ipd(/ a �P ,erns , I gl ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 OF THE IOWA CITY MUNICIPAL ODE, UTILITIES, BY ADDING THERETO A NEW ARTICLE, ARTICLE VI, TO BE ENTITLE "PUBLIC UTILITIES REGULATION," CONSISTING OF SECTIONS 33-171 THROUGH 33-V8, AND RELATING TO THE REGULATION OF PUBLIC UTILITIES IN THE USE OF PUBLIC/RIGHT-OF-WAY. PREAMBLE: WHEREAS, pursuant to Section 364.1 of the Iowa Co a the City is authorized to ercise any power and perform any function it deems appropriate to protect an reserve the rights, privileges and pro erty of the city or of its reside s\conv�ndieincoe and to preserve and improve the eace, safety, health, welfare, comfort of its residents"; a d WHEREASoSection 364.2 of the owa Code the City is authorized to regulatitinsrequired and t e manner of use of the streets and the pubof the city" by publ utility franchisees; and WHEREAS, this Cityounci1 has fur er been advised, and has found and determined, that it wo ld serve to reserve and improve the peace, safety, health, welfare, coTfoN and conv nience of Iowa City residents and to protect and preserve cit propert by adoption of an ordinance regulating public utilities' use of ubli right-of-way and public property, and requiring approval of utility sy em expansions and extensions. NOW, THEREFORE, BE IT ORDAINED �Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: / \ Section 1. That Chapter 3 of th Iowa City Municipal Code, "Utilities," be, and the ame is ereby amended by adding thereto the following ne article, rtycle VI, to be entitled "Public Utilities Re ulation," co sisting of Sections 33-171 through 33-172, to r ad as follows: Chapter 33, Art cle VI Public Utilities Re ulation Division 1, Title, P rpose and Definitions. Section 33-171. Ti e. The ordinance codified in this chapter shall be kn wn as the "public utilities reg lotion ordinance." Section 33-172. P rpose. The purpose of this chapte is (1) to regulate the se of public right-of-way for the istribution of energy nd audio or visual communications by companies holding a (extensions ranchise granted by the City of [o a City, Iowa, or therwise permitted to use public right -way to deliver a roduct or service to the residents of thi city; and (2) to egulate the location of utility system expansions and to promote comprehensive city pla ning. Section 33-173efinitions. For the purpose of this chapter the following erms shall have the meanings herein ascribed o them except here the context clearly requires otherwise: /4i3JP -1 I i It was moved by , and seconded by that the mance as rea a opted and upon roll call there were: AYES: NAYS: ABSENT: AMBRISC — BAKER CKSON I E _ MCDWID STRAIT — ZUBER First consideration Vote for passage: Ay ;.,Courtney, Dickson, Strait, Ambrisco Baker. Nays: None. Absent: McDonald, Zuber Second considerat' n8/12/86 Vote for passage Ayes: Strait, Ambrisco, Courtney, Dickson, WDonald, Nays: None. Absent: Baker, Zuber Date'publishe iy3f I /elV �I Ordinance No. Page 2 i (a) "Audio or visual communications" include radio and television transmissions and telephonic communica- tions. (b) "Energy" means power supplied lied to c Comers either in the form of gas or electricity. C) "Major repair work" means the r pair or reconstruction of a part of the utility syst to the extent that part of the system under repa' involves one or more , plete city blocks. (d) i "Pub ' utility company" r "company" means any person, company or corpora on utilizing the public right -of- to deliv r energy or audio or visual conmunicati s to the esidents of the city and holding a city french a for hat purpose. I (e) "Utility system" "utility system components" means and includes p s, overhead wires, underground j conduits, piping ma oles and other installations and appliances neces ary r the generation, transmission or distribution 'of energ or audio or visual comnunica- tions. i (f) "Electrical distribution sys em" means all electrical system components designed or sed for the distribution of electric energy within the ity, other than trans- mission lines. (g) "Electrical transmission system" me s those electrical system components which directly sery or support elec- trical lines carrying thirty-four p int five (34.5) kilovolts or more of electric current. (h) "Underground service district" means a defined area or traarect of r required tothin placehich all utility system ublic ucomponentspbelow the surface or grade of the right-of-way or private i i i i property upon which said components are located or through which they traverse. /elV i Ordinance No. Page 3 Section 33-174. Reporting Requirements. The following/iormation shall be furnished by the Company to the City Cl filed in that office within the times hereinafter set forth: Annual Report to Stockholders (within 30 days of uance). (b) Annual port Keca a state and federal regula- tory agen s 0 days of filing). (c) lOK Annual Rep(within 30 days 0f filing). (d) Copy of Companent rate manual and all updates. (e) Projections anf future transmission in the city to be pronuall(f) Written notiche City f any rate increase requests applo the City r its inhabitants filed by the before the I State Commerce Commission. / V3l? 1 - Ordinance No. Page 3 Section 33-174. Reporting Requirements. The following/iormation shall be furnished by the Company to the City Cl filed in that office within the times hereinafter set forth: Annual Report to Stockholders (within 30 days of uance). (b) Annual port Keca a state and federal regula- tory agen s 0 days of filing). (c) lOK Annual Rep(within 30 days 0f filing). (d) Copy of Companent rate manual and all updates. (e) Projections anf future transmission in the city to be pronuall(f) Written notiche City f any rate increase requests applo the City r its inhabitants filed by the before the I State Commerce Commission. / V3l? _-T PRECEDING DOCUMENT t - -1 Ordinance No. Page 3 Section 33-174. Reporting Requirements. The following i ormation shall be furnished by the Company to the City Clg k and filed in that office within the times hereinafter set forth: i Annual Report to Stockholders (within 30 days of uance). (b) Annual port to applica Te state and federal regula- tory agen s (within 30 days of filing). (c) lOK Annual Repo (SEC (within 30 days of filing). (d) Copy of Company's c ent rate manual and all updates. (e) Projections and ans f future transmission in the city to be provi d annuall (f) Written notic to the City f any rate increase requests appl cable to the City r its inhabitants filed by the Company before the I State Commerce comnissien. /4/300 I Ordinance No. Page 4 Division 3. Management of Public Utility Use of Public Right -of -Way; Public Utility Systems Planning. Section 33-175. Maps and Projections. The Company shall-urnish to the Public Works Department current maps showing the location of all existing underground utility system mponents in the city streets and alleys and on privat property. The \ Company shall thereafter provide the Ci with updated maps when same are updated by the Company for its use. The City's use of such maps shall be limit d to City utility and improvement planning purposes. In addition, the Company shall furnish information and pro ections concerning all planned or proposed utility system xtensiOns or expansions, major repair work projects and projects to install new systems. Such information and pr *ections shall be prepared giving due consideration to t City's five year Capital Improvement Plan, and shall provided in comprehensive form and with sufficient lead time to provide the City the opportunity to conduct approp iate reviews. Section 33-176. Extension or Expansion of ility System, Major Repair Work and Installation of New Sy tems. Before any public utility company, now or hereafter operating or maintaining utility distribution syst s, co ences any extension or expansion Of its utility sys m, y major repair work or the instal- lation of any new sy t in the City, there shall be filed with the Public Wo s Department a written statement specifying the stree , alleys, public places or private property, or parts t re o , in which it proposes to extend, expand, install or r pair is utility system. The Director of Public Works may require that the statement be accompa- nied by a map, pl n and sp ifications to an acceptable scale showing the proposed to tion of the utility system components with r ference to the streets and alleys and lot lines, the size and dimension of all utility system components and t e distance above beneath the surface of the ground it 1 proposed to repair r to lay the same. If the proposed ocations of any uti1 ty system components shall interfe a with the reasonab and proper use, construction, reconstruction and main nce of any public improvements r other existing utility s tem component or other struct a upon or under the streets, lleys or public places of t e city, the Director of Publ Works shall, within a re sonable time after the filing of uch pian, map and specifi ations, note the necessary and prop r changes to eliminate all interference with public impr vements or existing ti11ty system and refer the same b k to the public uti ity company for correction. Such map, plan and specifica ions, when properly changed and correct d, shall be filed n the office of the Public Works Department, and after the approval of the same by the Director of Public Works, a ermit shall be issued authorizing the company to excavate the streets and alleys and to erect and construct such utility system in accordance with said 1-/360 irr Ordinance No. Page 5 corrected maps, plans and specifications. The permit issued hereunder shall include any permit required ursuant to Chapter 31 of the Municipal Code. No suc excavation, construction or erection shall be conmenc before the issuance of the permit herein provided fo and all work shall be in strict accordance with the sai corrected maps, \ plans and specifications. Section 33-177., Construction and Repair. In the p ocess of location, construction, reconstruction, replace ent or repair of any utility system component, the excava on or obstruction made or placed in any street, alley or p blic ground at any time or for any purpose by any such pu is utility company shall be properly barricaded to protec the public and to assure the safe and efficient movement f traffic, and all pavement taken up or displaced shall be properly and speedily replaced under the general s ervision of the City. As a condition to use of publi right-of-way, every public utility company (except t ose public utility companies having a franchise by City rdinance) engaged in the making of such excavation or in t e construction or erection of the utility systems component or in the repair or replacement of same, or having contrac ed for the work to be done, shall pay all damages or inju ie to persons or property, as well as to the City, resul ingam the negligent or improper construction, erectio or rep r of such utility system or the maintenance and use of t e same, and shall fully indemnify and save armless the ity from and against all claims of every n ure for damage to person or property arising or res u ting from negl ent construction or negligence in c nstructing or main fining such utility system component , or in the repair of t e same or resulting or arising fr delay or failure to r tore the street, alley or public ground to its former ondition, where excavations ha a been made, or resulting f a failure to properly barr cade such excavations. If the ublic utility corn an fail to repair or arrange for the roper repair with the Ci of any street, alley or public round after av excavations e been made, and after five day ' notice in writing to do so, given to its local represent tive, then the City m y make such repairs at the expense of uch public utility co pany. Section 33-178. Excavati s and Tree Trimming. In making any excavation in a public street, avenue, alley or other public place, the Company shall obtain a permit therefore pursuant to Chapter 31 of he Municipal Code, shall provide the Public Works Depart ent with 24 hours notice prior to the actual comnen ement of the work, shall not unnecessarily obstruct the u of such streets, avenues, alleys or public places, and s all comply with all provisions of Chapter 31 in perfor Ing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining the permit, provided, /1/3i' -r Ordinance No. Page 6 —� however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emergency work. A public utility company authorized to cut and trim trees under the terms of its franchise must onduct such work in a careful and prudent manner. The aut rit the company in this regard shall no extend o dbeyondor gtrimmm�ing e trees sufficiently to clear and event its above -ground transmission o distribution on interference with facties. Cutting or trims' residential ll be perform street and alley areashafn accords ce a with C�andards to be established y the Cit December lh of each mit to the City Forester on or The 'before before s intends�to do in he resientie e alstreet that it Trimning`or cutting which s done on an emergency basis Band which e snot shown on he annual trimning and cutting work ingdays shallfolreportto the City Forester within two D ch trimming or cutting. Section 33-179, Extension or Expansio of Electrical Utility Transmission Systems and lnstallat' n of sion Systems. Befo a an New Electrical Utility Transmis- sion or operating or maintainingutility ectrical� utility system within Iowa ity commences any extension or expansion Of its electrical tility transmission system in the City or the installation f any new electrical utility transmission system in the Ci y, there shall be filed with the Public Works Departmen in specifying the reets, all upate and a P aces, stprivate por roperty, or p is thereof, in which ubc it proposes to extend expand, instal or repair its utility system, The Director of Public Wor s may require that the statement be accompa- nied by maps, plans and specifications, in duplicate, drawn to an accept le scale, showing the proposed location of the electrical u ility system components with reference to the streets and alleys and lot lines, the size and dimensions of all utilft system components and the distance above or beneath th surface of the ground it is proposed to repair or to lay the same, If the electrical utility system Posed sshallocinterferef with the reaso able and proper use, construction, any and maint nance of any public improvements or other existing Utility ystem component or other structure upon or under the str ets, alleys or public places of the city, the Director ofilin Of suchlic lanall, within a reasonable time the n Ss and ro proper changes, map and specifications, note enc, wit y P p to eliminate all interfer- ence the public improvements or existing utility system and sameSuchckmap the public utility company for correction, properly changed and corrected, and specifications, when Shall be filed in the office Ordinance No. Page 7 of the Public Works Department, and a copy thereof, together with the written statement, shall be forwarded to the Planning and Zoning Commission. Section 33-160. Standards and Criteria for Review of the Location of Proposed Expansions or Extensions of Electrical Utility Transmission Systems, or for Installation of New Elect' al Utility Transmission Systems. (a) Review by Director of Public Works. In revi ing the written statement and the maps, plans and pecifica- tions submitted by the electrical utility company Director of pursuant Works shall o determine then 33-179 degree t which the electrical utility company's proposal plies with the standard set out in this paragraph d shall forward findings and a recommendation th on to the City Council. All utility system comp nents erected by an electric utility company within he city shall be so located as to cause minimum i erference with public improvements and other public tilities located in the streets, alleys and other pub c ways and places and to use minimum interference ith the rights or reason- us convenience of proper, y owners who adjoin any of the said streets, all or other public. ways or olac (b) Review Planning and Zoning Commission. In reviewing the writ n report nd the maps, plans and specifica- tions sub fitted y the electrical utility company pursuant to Se on 33-179 above, the Planning and Zoning Commis n shall review the electrical utility company's pro al in light of the following planning criteria, an sh 11 report its findings and recommenda- tions to th City ouncil. (1) The relationsh of the proposed project to pr ent and fut a economic development of the ar a. (2) he relationship of he proposed project to the existing electric ut ity system and parallel existing utility routes. 3) The possible use of alterna ve routes. (4) The relationship of the propo d project to the present and future land use a zoning ordi- nances. (5) The inconvenience or damage which may result to property owners as a result of the proposed project. /y3� Ordinance No. Page 8 (c) The City Engineer and the Planning and Zoning Commis- sion shall be required to make their respective reports and recommendations to the City Council within 60 days of the company's final submission of its report, and the accompanying maps, plans and specifications. Section 33 Ja. Council Approval Required for the Expansio or Extension of Electrical Utility Transmission Syst s and for the stallation of New Electrical Utility ansmission Systems. W� in 60 days of its receipt of the r orts and reconnenda- tio of the Director of Public Wo and the Planning and Zonin Commission relative to a electrical utility compan s proposal to expand extend its electrical utility ransmission system or install a new electrical utility t ansmission system, City Council shall, by resolution, either approve or approve said proposal based on the stand ds and criteri ated in Section 33-180 above and on the re mmendations a eived. In the event that the City Council di approves s d proposal, the resolution shall reflect the reas or res ons for disapproval. If the City Council fails to th'r pprove or disapprove such proposal within the said 0-d period , the proposal shall be considered to be app v d. Upon approval of th\st 's proposal as aforesaid, the Director of Public rl issue a permit therefore and the Company may p tethe work. No person shall perform any such rk and until the required permit has been issued. a issued hereunder shall include any permit requi ed puChapter 31 of the Municipal Code. No such cavatis uction or erection shall be commenced befor the iof the permit herein provided for and all wo k shall stric accordance with the said corrected map , plans ifics ions. Section 33-182. Underground Aervice Required. In all ew residential subdi- visions pl ted or developed in Iowa ityy, public utility companies hall be required to install tility distribution systems u derground in accordance with a epted engineering practiceV, Gas utility distribution mai and lines, and supply 1 nes, except for certain control cilities, shall be plat d underground throughout the City in ccordance with accept engineering practices. All abo a ground gas 'ac ili ies shall be located with due regard f r aesthetics. Under round electrical service shall be installed pursuant to t e requirements of Chapter 33, Article III of this Muni ipal Code. Underground telephone service shall be ins lled pursuant to the requirements of Chapter 33, Art cle I4 of this Municipal Code. /'/3,p Ordinance no. Page 9 Section 33-183. Underground Service Districts Established. (a) The City may, upon a showing of g and reasonable cause, require the company to place or bury its utility ` system components underground in any underground service district hereafter es blished by the City pursuant to this provision. b) The following described area(s) shall constitute the underground service distr(s): (1)\ie District: Madison Street north from Court Washington Street, Washington Street east to Street, Gilbert Street south to Burlington Burlington Street west to Linn Street, Linn uth to Court Street, and Court Street west to treet. Section 33-184. Underground Serv" i District Regulations. (a) Before camnenci g the work of placing utility lines underground, the Company shall file with the City a written statement specifying the particular streets, alleys and public h ghway, or parts thereof, in which underground utilitie are to be located, the approxi- mate size of the ines, cables, and/or conduits proposed to be used an the distance from the surface of the street to the top of such lines, cables, and/or conduits. I (b) The statements required b subsection (a) of this ( section shall be accompanied b a map, plan or specifi- cations which shall show the oposed location of the k lines, cables and/or conduits ith reference to the streets, alleys and surface of the streets and the approximate dimensions of the li es, cables, conduits or manholes to be used there ith. The proposed y locations may be changed by the Department of Public ti Warks of the City if they sha in any way interfere with other conduits, pipes mains placed underground s by the City or by any o public utility. ( ) The statement, m , plan or specifications, altered as provided for subsection (b) of this section, after being corre ed or changed, together with the original statement shall remain on file in the office of the Depart t of Public Works of the City. All under- grou facilities shall be constructed in accordance wi the corrected statement, map, plan or specifica- ons. /�3P' i i iffid Ordinance No. Page 10 (d) A permit to excavate in any street, alley or public highway as provided in this Section shall be issued by the Department of Public Works to c Atruct underground facilities as prov ided for in Chapter 31 of the Municipal Code, when their loc ion has been approved by the Department of public rks. All such excava- tions shall be made in compli nce with the requirements of this Chapter and Chapter 1 of the Municipal Code. (e) n planning underground ducts, the Company shall incl a in the plans a nduit space in which the City may p ce its City larm, City control, or City commu?I a ion wires, f ee of charge. The Company shall work with he City in the installation, repair and removal of a m, c ntrol, and communication wires in the space allot d o the City. (f) The above -ground ex nsion of a utility line from an underground con uit a building or other location within the u dergroun service district must be approved by t Departmen of Public Works of the City prior to its installation, (g) Any above round facilities in unde district s all be located with due ega ics. Section 33-185. Public Utili y Company Contractors. The i this chapte shall apply fully to all per corporation performing work for a publ under a co tract or other type o order. ound service for aesthet- quirements of As, firms or ility company /�/3 P' I Ordinance No. Page 11 Division 4. General Provisions. Section 33-186. Conditions of Street Occupancy. (a) Use. All utility system components erected by a public utility company within the city shall be so located as to cause minimum interference with other public utilities located in the streets, alleys and other public ways and places, and to cause minimum interfer- ence with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (b) location. The Company shall-; upon reasonable notice an at its cost and expense, remove, locate and rel ac a its utility system components in, on, over or underata y�public right-of-way in the city in such manner as the City may at any time require for the purpose of facilitating /the construction, reconstruc- tion, maintenance, repair or change in grade of any public improvementXon', in or about any such public right-of-way, for t e�purpose of promoting the effi- cient operation of any -,such improvement, or for the purpose of facill ting the vacation and redevelopment of public right- f - way by the City. In the event the public utility ompany fails to act within the allotted time, the Ci may cause the utility distribution systems to b relocated and the costs thereof shall be assessed to he public utility company., (c) Placement of Components. The public u 'lity company shall n place their utility system compo nts in the public fight -of -way where the same will int, fere with the n nnal use or maintenance of any public mprove- ment including but not limited to streets, lleys, sid walks, traffic control devices, sanitar sewers, st rm sewers, storm drains or water mains. Section 33-187. Power of City. Nothing in this cha contained shall be cons rued to abridge the right wer of the City to make fur er regulations relativ o the use of the streets, al eys and public groun y a public utility company using t same for the rection and maintenance of utility Section 33-188. enalty. ny persons willfully violating this chapter shall B"uffty of a misdemeanor and upon conviction thereof shall be punished according to the provisions of Section 8 of Ordinance No. 78-2918. Section 2. Severability Clause. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said /'/3P `1 0 Ordinance No. Page 12 unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. Section 3. Re eeaaleerr. All ordinances or parts of ordinances in conflict with Me provisions of this Ordinance are hereby repealed. Section 4. Effecti Date. This Ordinance shal,Vbe in full force and effect from and fter its final passag ' and publication as by law provided. Passed and approved this I M POR ATTEST: CITY CLERK A Approve 1"M ID i i i P S r /fI3? I 1' It was moved by that t. were: and seconded by ted and upon rol ca tyere AYES:NAYS: ABSENT: ANMRISCO \ BAKER COURTNEY DICKSON MCDONALD STRAIT ZUBER First consideration 2 Vote for passage: es: Court ey, Baker. Nays: None, Absent: M 0 Second considerat' n 8/12/86 Vote for passage Ayes: Strait, McDonald. Nays: None. Abse I Date published on, Strait, Ambrisco Zuber co, Courtney, Dickson, j Zuber i I /l/3P -r of WrIA -I -ter -1 I I iy3P' 1 c _ell, � G�G OA i r e I� iy3P'