HomeMy WebLinkAbout1986-09-09 Ordinance1
ORDINANCE NO.
ORDINANI TO PNEND TFE SIGN REGULATIONS OF TW
ZONING ORDINANCE WITH IESTECT TO ILLLMINATED AWNING
SIGNS.
WrEREAS, the Sign Regulations are intended to en-
hance and protect the physical appearance and safety
of the cannnity through standards which provide all
sign users a reasonable opportunity to display signs
for identification; and
WWJBAS, the Sign Regulations permit arcing signs
in certain zones subject to an individual signage
alIowmnce; and
WiEfiEAS, an internally illuninated awning dram
attention to its entire surface, thereby serving as
a sign, and such internally illuninated awnings
exceed the maxinm signage allowence for an ening
sign; and
WFEREAS, the City Council of Iove City finds that
the Sign Regulations should be amended to clarify
the manna in vhich illuninated awnings are regu.
lated so that all sign users are treated in a fair
and equitable m r ner.
NOW, HREFBRE, BE IT FMVED BY THE CITY COIN -
CIL OF IM CITY TWIT:
SECTIO! I. A%eDENTS.
Section the Code of Ddinances is
amueded by adding the following new subsection
IMS)i:
Intan�lly illuninated awning. An ening with a
translucent or transparent covering and with
internal illunination which nay be diffused
through the covering. For puposes of these
sign regulations, internally illuninated wings
are deened to be signs.
2. Section *Q(b) of the Code of Ordinances shall
be aneided by deleting said Section and
inserting in lieu thereof the following:
section *42(b). RMibitod sign.
(b) Prohibited signs. The following signs are
specifically prohibited in all zarnesa
(I) Mimted signs, excluding barber pole
signs, that do not exceed three (3)
feet in height and nine (9) inches in
diameter and excluding time and tem-
perature signs.
(2 flloons,
3 Ihzardom signs.
4 internally illuninated awnings.
tbhrever, awning signs vhich cover not
more than 25% of the surface of the
awning troy be internally illuninated.
(5) Obsolete signs,
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Ordinance No.
Page 2
(6) Portable signs, including signs on
wheels, trailers and truck beds and
excluding those tenporary signs ex-
pressly permitted herein.
(7) Roof signs.
(B) Search lights.
(g) Spinners or other similar devices.
(10) Swinging signs.
SECTION II. REPEALER. All ordinances and parts of
inances rncon 1ct with the provision of this
ordinance are hereby repealed.
SECRON III. SEVERABILITY. If any section, provi-
s on ar part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whale or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION IV. EFFEMVE DATE. This Ordinance shall
publication as required byafter its nlar.Pazsage� approval and
Passed and approved this
�r.
NMKvd • Approvt;.
ti Leel De erim;nl
%4p407-
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It was moved by and seconded by
I
that the 'Ordinance as rea e a opted and upon roll ca t ere were:
AYES: NAYS: ABSENT:
_ AMBRISCO
_ — BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
,I
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OROINMICE NO.
AN OROINal10E NIMIIG CWTER 1 OF w COOE OF
ORDINANCES OF THE CITY OF ICW1 CITY, OY AOOING
PPDCE(xiRES AND PENALTIES FOR MNICIPAL INFRACTIOS.
*EREAS, the City Council wishes to decrimi-
nalize certain Minicipal Code violations and estab-
lish a municipal infraction citation process, and
11EFEAS, the purpose of this arerdnent is to
establish procedures ad penalties for mmicipal
infractions.
NOW, 11 WOIE, iE IT ORDAINm By THE CITY
MICIL OF THE CITY OF IDA CITY, I(YA, TNAT:
SECTION I. Chapter 1 is hereby areded ty adding
the following new Article II:
ARTICLE II. PMfE MS NO PETATIES FON MNICI-
PAL INFRPCTICIS.
sec.l-M. Definitions.
(a) Code: The term Code means the Code of
Ordinances of the City of Iowa City as may
be waded from time to tine.
(b) Repeat offense: A recurring violation of
the same section of the code of ordinances.
SM 1-21. Violations, pernalties, and alterw
tive relief.
(a) Any violation of the Code, with the eceP-
tion of any violation which is a felony or
misdemeanor under state lar, is a municipal
infraction.
(b) Unless another civil penalty is provided
elsalere in this Code for a specific viola-
tion, a municipal infraction is a civil
offense punishable as provided in the fol -
laving sdnedule of civil penalties:
Schedule of Civil Penalties: 1st offense
offense - rd & subsequent
offense(s) - VOO
(c) Each day that a mmicipal infraction occurs
and/cur is permitted to exist constitutes a
separate offense.
(d) Seeking a civil penalty as authorized in
this Article does not preclude the City from
seeking alternative relief from the Court in
the same action. Such alternative relief
my include, but is not limited to, an oder
for abatemnt or injunctive relief.
Sec. 1-22. Civil citatima.
(a) Arty eryloyee or other official authorized by
the City to enforce the Code may issue a
civil citation to a person who is alleged to
have committed a municipal infraction.
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Ordinance No.
Page 2
(b) The citation my be served by personal
service or by certified mil return receipt
requested.
(c) Two copies .of the citation shall be filed
with the Clerk of the District Court and one
copy shall be delivered to the alleged
violator.
(d) The citation shall serve as notification of
an allegation that a nunicipal infraction
has been carritted and shall contain the
following infornetion:
(1) The rare and address of the alleged
violator.
(2) The rare or description of the alleged
infraction, attested to by the officer
issuing the citation.
(3) The location and tine of the alleged
infraction.
(4) The amont of civil penalty for the
violation charged and the cart costs,
or the alternative relief sought, or
both.
(5) The mvvw, location, and tine in which
the penalty ray be paid.
(6) The time, and place of court appear-
ance.
(7) A staterent of the penalty for failure
to appear in court.
SECTION II. REPEALER: All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are her•thy repealed.
SECTION III. SEVERABILITY: If any section, provi-
s on or part nonce shall be adjudged to
be invalid or 1stitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole our any section, provision our part thereof not
adjudged invalid or unccnstitutioml.
SECTION IV. EFFECTIVE DATE: This Ordinance shall
be n e a nal passage, approval and
Publication as required by law.
Passed and approved this
• parr
peuived A Appovaa
By Legal Do m m
/*fr
It was moved byand seconded by
that the Ordinance as rea e a op ed and upon roll call there were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
10150
ORDINANCE NO.
AN ORDINANCE lig MINl; T}E FITE C0CE TO PFOVICE THAT
EACH MY A VIOLATION CWrINLEs SHALL BE A SEPAPATE
OFFENSE.
MEFfAS, the Iowa Cade was recently aneded,to
provide that each day a violation of the Fire Cade
occurs or is permitted to Exist after conviction
shall constitute a separate offense; and
WERFAS, the City Council of Ione City believes
such a provision will aid in proper enforcenaxt of
the City's Fire Code.
NOW, HEREFORE, BE IT WINED BY TIE CITY CUMIL
CF IOWA CITY, IOWA, TWIT:
Section 12-25 of the Iowa City Code of Ordinances
is hereby deleted and the following is inserted in
lieu thereof:
Section 12-25. hlmitie.
My person oho shall violate any of the provi-
sions of -the code hereby adopted or fails to
comply therewith, or who shall violate or fail to
comply with any order made thereunder, or Who
shall build in violation of any detailed state-
ment of specifications or plans submitted and
approved thereunder, or any certificate or permit
issued thereurde• and fron which no appeal has
been taken, shall be guilty of a misdemeanor,
one hundred
dollars ($100.00) le by a f for by imirisonmne not e t not exceed-
ing thirty (3D) days.
Each day a violation occurs or is permitted to
Exist after conviction constitutes a separate
offense.
SECTION I. REPEALER: All ordinances and parts of
ordinain conflict with the provision of this
ordinance are hereby repealed,
SECTION II. SEVEPABILITY: If any section, provi-
sion or name shall be adjudged to
be invalid or uxonstitutional, such adjudication
shall not affect the validity of the Ordinance as a
Wavle or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION III. EFFECTIVE DATE: This Ordinance shall
W75 --effect after its publication as nor passage, approval and
pub required by law.
Passed and approved this
ATTEST:
CITY CLEW
Reeeh,W & Apprw.W
BY Th. bell D ,.w„,„,,
Rte- 9/i,11Pd
/fr94
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It was moved by and seconded by
` that the Ordinance as read e a op ed and upon roll Call there were:
i
AYES: NAYS: ABSENT:
AMBRISCO
-- BAKER
COURTNEY
—' DICKSON
MCDONALD
STRAIT
ZUBER
First consideration 9/9/86
Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson,
McDonald, Strait, Zuber. Nays: None. Absent: None. l
Second consideration
Vote for passage
j
i
Date published
1
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Motion re Electric Franchise Ordinance
I move to amend the Electric Franchise Ordinance by changing Sections 3, 7
and 13 of the Ordinance to delete references in those sections to the'Iowa
Commerce Commission; and to substitute in place of that term the"Utilities
Division of the Iowa Department of Commerce:'
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ORDINANCE NO. 86-3296
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, AN
ELECTRIC LIGHT AND POWER SYSTEM FOR A
PERIOD OF FIFTEEN YEARS AND TO FURNISH
AND SELL ELECTRIC ENERGY TO SAID CITY
AND ITS INHABITANTS. '
i 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
business 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
period 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:
Aef 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;
Chapter 34, Vegetation; and Chapter 36; Zoning, and
(3) any other applicable statute or regulation 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
aforementioned laws, codes, ordinances, statutes and regulations
as 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
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
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(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;
Chapter 34, Vegetation; and Chapter 36; Zoning, and
(3) any other applicable statute or regulation 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
aforementioned laws, codes, ordinances, statutes and regulations
as 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
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
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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 Utilities Division of the Iowa Department of
Commerce (Utilities Division).
Section 4. The Company is authorized to make excavations in
City streets, avenues, alleys and public places for purposes of
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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
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schedule of tree trimming that it intends to do in the
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residential street and alley areas. Trimming or cutting which is
f 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.
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 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
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
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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
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 Utilities Division, 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 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 Utilities Division.
Section S. 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.
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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
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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
s'
the extent that such
use shall not interfere with
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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.
e
Section 10. Upon approval of the City Council and after
sreasonable
attempts to acquire by purchase, the
E
Company shall
have the
p
power to condemn Private property for the
purpose of
providing electric service to the
public and in a reasonable
relationship
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to an overall plan of distributing electrical
S
energy
within the Cit Y. The Company must
establish the necessity of
each taking of private property and, when
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so established, the
City Council
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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
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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
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
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.
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Section 13. 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 Utilities Division, 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 19. in the event that the City should at any time
during the term of this franchise become a generator or producer
I
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 Utilities
Division, 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
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Section 13. 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 Utilities Division, 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 19. in the event that the City should at any time
during the term of this franchise become a generator or producer
I
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 Utilities
Division, 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
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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.
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Section 19. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
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PASSED AND APPROVED this
9th day of September 1986.
/"CIFA CITY, I WA
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ATTEST: or
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amity Clerk
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Electric Ordinance
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 Utilities Division of the Iowa Department of
Commerce (Utilities Division).
Section 4. The Company is authorized to make excavations in
City streets, avenues, alleys and public places for purposes of
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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
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 Utilities Division, 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 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 Utilities Division.
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.
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i Section 13. 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 Utilities Division, 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 Utilities
Division, 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.
It was moved by McDonald and seconded by Zuber
that the Ordinance as rea a adopted and upon roll ca t ere were:
AYES: NAYS: ABSENT:
A AMBRISCO
BAKER
x COURTNEY
x DICKSON
X MCDONALD
X STRAIT
X Z UBER
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 passageyes: Dic son, McDonald, Strait,
Ambrisco, Courtney. Nays: None. Absent: Baker, Zuber
Date published 11/15/86
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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 electri utility system
compone ts, including but not limited to, osts, poles, towers,
conduits, ixtures, manholes, appliance and accessories and to
i
place thereo or therein the necessa wires for the transmission
and distributio of electric ener in and through said City, but
all electric utile y system cc onents shall be placed and
maintained so as no to caus unnecessary obstruction of or 1
unnecessary interfere ce ith the construction or operation of
any public improvement or facilities located upon public i
property or public right of -way, including but not limited to j
streets, alleys, s dewalks traffic control devices, sanitary
sewers, storm s ers, storm drains, or water mains, which have
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been or may h eafter be loca ed by authority of the City, or of
any other p lic utilities whi h are in place. All electric
utility s stem components place above, upon, in or under public
right -o -way, and the wires place thereon or therein, shall
compl with the National Electrical Safety Code and the
regulations of the Iowa State Commerc 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
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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. I
Sect'on 6. The Company, and its successors and assigns, is
authorized to extend its lines, wires and c nduits, to expand its
transmission and distribution systems, engage in major repair
work and td in tall new distribution nd transmission systems
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within the City, rovided that su
work is done in accordance
with the rules and egulations f the Iowa State Commerce
Commission, and provi ed fur er that City approval of such work
is first obtained pursu nt o requirements and procedures set
forth in Chapter 33, Art' le Vi of the Municipal Code, Public
Utilities Regulation, w i
effect or as amended.
Section 7. The id Com ny, its successors and assigns, so
long as it shall op rate under the terms of this franchise shall
furnish electric nergy in suffi ient quantities to supply the
reasonable deman s of said City an the inhabitants thereof in
accordance wit the Company's rules, regulations and conditions
of service as approved by the Iowa St to Commerce Commission.
Section The Company, its succe sors and assigns, is
authorized o impose reasonable terms a d conditions upon the
furnishing f electric service and reasonable rules and
regulations 'n the operation and conduct of its business.
6.
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VP
Section 13. 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\desned
owa State Commerce Commission, which program
shall be and operated to promotehe conservation and
efficienelectrical energy by allutility customers
within the City.
Section 14. In he
during the term of thi
of electrical energy at
or at any other facility
Company shall, if reques
to either purchase or wh
energy produced from s 1
further
event that th City should at any time
franchise come a generator or producer
munici ally -owned or operated facility,
a eement with any co -producers, the
ted y the City, enter into an agreement
' 1 City facilities the electric
qual Eying generating facility, such
agreement be ng subject o the approval of the Iowa State
Commerce Commissi , and to appli able statutory requirements and
regulations. N hing contained in he terms of this franchise
shall be cons rued to prevent the Cit from purchasing electrical
power for i e facilities from sources they than the Company and
to contra for same from these sources.
Sect' on 15. This Ordinance and the ri is and privileges
herein ranted are subject to the approval o a majority of the
elect rs of the City voting at the next general r municipal
ele ion or at a special election called for that purpose. The
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City of Iowa City h
MEMORANDUM
Date: November 12, 1986
To: Marian Karr, City Clerk
From: Terry Timmins, City Attorney I '
Re: Correction of Typos in Gas Franchise Ordinance L
At my direction, Iowa -Illinois Gas & Electric made three corrections to
the Gas Franchise Ordinance, Ordinance No. 86-3297. The first change is
found in Section 5 of the ordinance, wherein they repeated the last line
on page four at the top of page five. This error appeared in the form of
the franchise ordinance which was passed on August 12, 1986. A second
error appears in Section 4 of that ordinance, on page four, wherein the
word "unnecessarily" is misspelled. The third typo is found in Section 16
of the ordinance on page eight, wherein the word "unlawful" in the fourth
line was printed as "lawful." !'
As I have already indicated, I instructed Iowa -Illinois to correct these '
errors in the version of the franchise ordinance which was typed for
publication and sent to the Press -Citizen, and codified.
j
bdw 3
errence mm ns, y torney
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Mution re Gas Franchise Ordinance
I move to amend the Gas Franchise Ordinance by changing Sections 3, 7 and
12 of the Ordinance to delete references in those sections to the 'Iowa
Commerce Commission; and to substitute in place of that term the"Utilities
Division of the Iowa Department of Commerce:'
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ORDINANCE NO. 86-3297
AN ORDINANCE GRANTING TO IOWA -ILLINOIS
GAS AND AND ASSIGNS, THE COMPANYRIC I
THE RIIGHTANDFRANCHISETS STOS
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:
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,
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
gas to said City and its inhabitants.
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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 32, Subdivision Regulations;
Chapter 33, Article IV, Public Utilities Regulation;
Chapter 34, Vegetation; and Chapter 36; Zoning, and
(3) any other applicable statute or regulation 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
aforementioned laws, codes, ordinances, statutes and regulations
as 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
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.
/44900
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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 laying, purpose of , rela i
p y' g relaying, repairing
i
or extending gas pipes, mains, conduits and other facilities, but
all gas utility system components shall be placed and maintained '
i
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 Utilities Division of the Iowa Department of Commerce
(Utilities Division) regarding construction and clearance
irequirements.
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 32 of the Municipal Code, shall not
3
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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 S. 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.
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way. In situations where the damage was caused or contributed to
by the active or passive negligence of the Company and the active
i
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.
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 j
i
transmission systems within the City, provided that such work is
done in accordance with the rules and regulations of the
Utilities Division, 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
accordance with the Company's rules, regulations and conditions
of service as approved by the Utilities Division.
5.
/* 91
Section 8. The Company, its successors and assigns, is
authorized to impose reasonable terms and conditions upon the
furnishing of gas service and reasonable rules and regulations in
the operation and conduct of its business.
Section 9. 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 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.
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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 Utilities Division, 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
herein granted are subject to the approval of a majority of the
electors of the City, voting at the next general or municipal
7.
I
election or at a special election called for that purpose. The
cost and expense of the election relating to the franchise
provided for herein shall be paid by Company.
Section 14. The Company, within 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 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
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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.
III
PASSED AND APPROVED this 9th day of September 1986.
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CIT'i OF IOWA CITY, IOWA !
yor i
ATTEST:
City Clerk
ived & App W/
Wa ►
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It was moved by McDonald , and seconded by Zuber
that the umnce as rea a opted and upon roll. care
were:
AYES: NAYS: ABSENT:
AMBRISM
BAKER
COIIR,M
DICKSON
MCDONAIA
—_ STRAIT
WEER
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: McDonald, Strait, Ambrisco, Courtney,
Dickson. Nays: None. Absent: Baker, Zuber
Date published 11/15/86
14W
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Gas Ordinance
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 Utilities Division of the Iowa Department of Commerce
(Utilities Division) 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 32 of the Municipal Code, shall not
3.
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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
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.
I
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
Utilities Division, 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
accordance with the Company's rules, regulations and conditions
of service as approved by the Utilities Division.
5.
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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 Utilities Division, 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
herein granted are subject to the approval of a majority of the
electors of the City, voting at the next general or municipal
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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 f the State of Iowa.
Secti 3. The Company shall have the ri t to excavate in
any public s reet for the purpose of layin , relaying, repairing
or extending g pipes, mains, conduits nd other facilities, but
all gas utility s stem components sha be placed and maintained
so as not to cause necessary obst uction of or unnecessary
interference with the nstructi or operation of any public
improvements or facilitie loc ted upon public property or public
right-of-way, including but of limited to streets, alleys,
sidewalks, traffic contro de ices, sanitary sewers, storm
sewers, storm drains, o water ins, which have been or may
hereafter be located y authority f the City, or of any other
public utilities which are in place. All gas utility service
components placed above, upon, in or u der public right-of-way
shall comply wi the National Fuel Gas de and the regulations
of the Iowa St to Commerce Commission regar ing construction and
clearance re uirements.
Sectio 4. In making excavations in any stre ts, avenues,
alleys an public places for the installation of ga \pipes,
conduits, or apparatus, the Company shall obtain a permit
theref a pursuant to Chapter 31 of the Municipal Code, shall not
3.
/#
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
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 ob 'gated to defend, save
harmless an indemnify by law.
Section The Company, and it successors and assigns, is
authorized to xtend its mains, pes and appurtenances, to
expand its trans ission and d' tribution systems, to engage in
major repair work nd to in all new distribution and
transmission system wit n the City, provided that such work is
done in accordance wi the rules and regulations of the Iowa
State Commerce Commi si n, and provided further that City
approval of such w rk is irst obtained pursuant to requirements
and procedures s t forth i Chapter 33, Article VI of the
Municipal Code, Public Utili ies Regulation, now in effect or as
amended.
Sectio 7. The said Company its successors and assigns so
long as t shall operate under the terms of this franchise shall
furnis gas in sufficient quantities o supply the reasonable
dema s of said City and the inhabitant thereof and in
a
de/mai
the Company's rules, regul tions and conditions
of service as approved by the Iowa State Co @rce Commission.
5.
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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 breach s any of the
provisions of this franchise; provided, howe er, there shall be
no termination if the Company shall correc the breach within
sixty (6 days written notice provided
y the City to do so.
The Comp ny shall not be excused rom complying with any of
the terms and nditions of this fr nchise by an f 41
City to insist up or seek
conditions. Furthe
this franchise is uniq
performance, at the Ci
inadequate.
Section 12. The
it is
I ai ure of the
comp ance with any such terms or
ag eed that the subject matter of
may be enforced by specific
option, since a remedy at law may be
, at all times during which
LUIS franchise is in effect, ma'ntain, administer and operate
such energy conser ation program 'thin the City, as may be
approved by' the owa State Commerce emmission, which program
shall be desig d and operated to prom a the conservation and
efficient use of gas energy by all utilit customers within the
City.
Sectio 13. This Ordinance and the rights nd privileges
herein g anted are subject to the approval of a majority of the
elector of the City, voting at the next general or municipal
7.
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Motion re Utilities Regulatory Ordinance
I move to amend the Public Utilities Regulation Ordinance by changing
Section 1 thereof, Section 33-174(f) of the City Code, to delete the
reference in that section to the "Iowa Comnerce Conmission," and to sub-
stitute in place of that term the "Utilities Division of the Iowa Depart-
ment of Comnerce."
I
OMINANCE NO. 86-3298
AN ORDINANCE NUDING CHAPTER 33 OF ITE IOWA CITY
WNICIPAL CODE, UTILITIES, BY ADDING THERETO A NEW
ARTICLE, ARTICLE VI, TO BE ENTITLED "PUBLIC
UTILITIES FEMATION," CONSISTING OF SECTIONS 33-171
THRA[1(,li 33-188, AND WTING TO THE FEGULATICN OF
PUBLIC UTILITIES IN THE USE OF RIBLIC RIGHT -OF -MY.
PREAht3LE:
MEWA, pursuant to Section 364.1 of the Iowa
Code the City is authorized to "exercise any power
and perform any function it deers appropriate to
protect and preserve the rights, privileges and
property of the city or of its residents, and to
preserve and improve the peace, safety, health,
welfare, comfort and convenience of its residents";
and
VIEFEAS, pursuant to Section 364.2 of the Ions
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
14EM, this City Council has further been
advised, and has found and determined, that it would
serve to preserve and improve the peace, safety,
health, welfare, canfort and convenience of Iowa
City residents and to protect and preserve city
Property by adoption of an ordinance regulating
public utilities' use of public right-of-way and
public property, and requiring approval of utility
system expansions and extensions.
NOW, HIEFO[E, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
Section 1. That Chapter 33 of the Iowa City
n7cTpTCode, "Utilities," be, and the sore is
hereby amndded by adding thereto the following new
article, Article VI, to be entitled "Public
Utilities Regulation," consisting of Sections 33-171
through 33-172, to read as follows:
chapter 33, Article VI
Public Utilities Regulation
Division 1. Title, Rrpose 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
chi ter is (1) to regulate the use of public
rigPt-of-vay for the distribution of energy and
audio or visual camunications by coManries holding
a franchise granted by the City of las City, las,
or otherwise ponAR U to use publIC right-of-way to
deliver a product our service to the residents of
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Ordinance No. _B5
Page 2
this city; and (2) to regulate the location of
utility system expansions and extensions to promote
comprehensive city planning.
Sectim 33-173. Definitions. For the purpose of
this chapter the following terns shall have the
meanings herein ascribed to then except wfiere the
context clearly requires otherwise:
(a) Audio or visual communications" include radio
and television transmissions and telephonic
communications.
(b) -'Energy" 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 system
to the extent that part of the system under
repair involves one or more complete city
blocks.
(d) "Public utility company" or "company" means any
Person, company or corporation utilizing the
public right-of-way to deliver energy or audio
or visual communications to the residents of
the city and holding a city franchise for that
purpose.
(e) "Utility system" or "utility systen components"
means and includes poles, overhead wires,
underground conduits, piping, manholes and
other installations and appliances necessary
for the generation, transmission or distribu-
tion of energy or audio or visual camunica-
tions.
(f) "Electrical distribution system" means all
electrical system carponents designed or used
for the distribution of electric energy within
the City, other than transmission lines.
(g) "Electrical transmission system" means those
i electrical system components which directly
serve or support electrical lines carrying
thirty-four point five (34.5) kilovolts or more
of electric current.
(h) "Underground service district" means a defined
area or tract of land within which all public
utility companies are required to place utility
system components below the surface or grade of
the right -of -Ay or private property upon which
said components are located or through which
they traverse.
Section 33-174. P porting Requirements. The
following information shall be furnished by the
Company to the City Clerk and filed in that office
within the tines hereinafter set forth:
(a) Annual Report to Stockholders (within 30 days
of issuance).
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Ordinance No. 86-3298
Page 3
(b) Annual report to applicable state and federal
regulatory agencies (within 30 days of
filing).
(c) 10K -Annual Report (SEC) (within 30 days of
filing).
(d) Copy of Company'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 Company, before the
Utilities Division of the Iowa Department of
Commerce.
Division 3. Kmagaed of Public Utility use of
Pbblic 910-orMhy; Mlic Utility Systems
plimn".
Section 33-176. lops amd Projections, The
Company shall furnish to the Public Works Deparbnent
current naps showirg the location of all existing
underground utility system cmponents in the city
streets and alleys and on private property. The
Company shall thereafter provide the City with
updated maps when same are updated by the Corpany
for its use. The City's use of such maps 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 work projects and projects to install
new systems. Such information and projections shall
be prepared giving due consideration to the City's
five year Capital Improvement Plan, and shall be
provided in comprehensive form and with sufficient
lead time to provide the City the opportunity to
conduct appropriate reviews.
Section 33-176. Extonsion or Expn>rrwsion of
Utility System, N3 jw heir Vxt and Installation
of New Systems. Before any public utility company,
now or hereafter operating or maintaining utility
distribution systems, cmmmces any extension or
expansion of its utility system, any major repair
work or the installation of any new system in the
City, there shall be filed with the Public Works
Department a written statement specifying the
streets, alleys, public places or private property,
or parts thereof, in which it proposes to extend,
expand, install or repair its utility system. The
Director of Public Works my require that the
statement be accampanied by a map, plan and
specifications to an acceptable scale showing the
proposed location of the utility system conponents
with reference to the streets and alleys and lot
lines, the size and dimensions of all utility system
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Ordinance No. 86-3298
Page 4
components and the distance above or beneath the
surface of the ground it is proposed to repair or to
lay the same. If the proposed locations of any
utility system components shall interfere with the
reasonable and proper use, construction, reconstruc-
tion and maintenance of any public improverents 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 shall, within a reasonable time after the
filing of such plan, map and specifications, note
the necessary and proper changes to eliminate all
interference with public improvements or existing
utility system and refer the same back to the public
utility campany, for correction. Such map, plan and
specifications, when properly changed and corrected,
shall be filed in the office of the Public Works
Department, and after the approval of the sane by
the Director of Public Works, a permit shall be
issued authorizing the company to excavate in the
streets and alleys and to erect and construct such
utility systen in accordance with said corrected
reps, 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
corenced 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.
Sectim 33'371• Cmstructim and RTair. In the
process of location, construction, reconstruction,
replacement or repair of any utility system
OMMent, the excavation or obstruction made or
placed in any street, alley or public ground at any
time or for any purpose by any such public utility
company 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
conpany (except those public utility coapenies
having a franchise by City ordinance) engaged in the
making of such excavation or in the construction or
erection of the utility system component or in the
repair or replacenent 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 frau the negligent or improper
construction, erection or repair of such utility
system or the maintenance and use of the sare, and
shall fully indemnify and save harmless the City
from and against all claims of every nature for
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Ordinance No. 86-3298
Page 5
damages to person or property arising or resulting
from negligent construction or negligence in
constructing or maintaining such utility system
components, or in the repair of the care or
resulting or arising from delay or failure to
restore the street, alley or public ground to its
former condition, where excavations have been made,
or resulting from a failure to properly barricade
such excavations. If the public utility carpany
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, given to its local
representative, then the City may make such repairs
at the expense of such public utility corpany:
Section 33-178. Bmwations and Tree TrWng.
In making any excavation in a public street, avenue,
alley or other public place, the Company shall
obtain a pennit therefore pursuant to Chapter 31 of
the Municipal Code, shall provide the Public Works
Deparbrent with 24 hours notice prior to the actual
camecemeht of the work, shall not unnecessarily
obstruct the use of such streets, avenues, alleys or
public places, and shall comply with all provisions
of Chapter 31 in performing such work. In emergen-
cies which require immediate excavation, the Carpany
may proceed with the work without first applying for
or obtaining the permit, provided, hoAver, that the
Corpeny shall apply for and obtain the excavation
permit as soon as possible after cammncing such
e ergency work.
A public utility company authorized to cut and
trim trees under the terns of its franchise must
conduct such work in a careful and prudent manner.
The authority or obligation of the company in this
regard shall not extend beyond trimming trees
sufficiently to clear and prevent interference with
its above -ground transmission or distribution 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
schedule of tree trinming that it intends to do in
the residential street and alley areas. Trimming or
cutting which is done on an erergency basis and
which is not shown 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 Exp rasion of
Electrical Utility Trn mmission Systems and
Installation of New Electrical Utility Transmission
Systems. Before any public utility carpany, now or
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Ordinance No. 86-3298
Page 6
hereafter operating or maintaining an electrical
utility systen within Iova City come ces any
extension or expansion of its electrical utility
transmission system in the City or the installation
of any new electrical utility transmission system in
the City, there shall be filed with the Public Works
Deparbment, in duplicate, a written statement
specifying the streets, alleys and public places, or
private property, or parts thereof, in which it
proposes to extend, expand, install or repair its
utility system. The Director of Public Works may
require that the statement be accompanied by maps,
plans and specifications, in duplicate, drawn to an
acceptable scale, showing the proposed location of
the electrical utility systen components with
reference to the streets and alleys and lot lines,
the size and dimensions of all utility system
components and the distance above or beneath the
surface of the ground it is proposed to repair or to
lay the same. If the proposed locations of any
electrical utility system components shall interfere
with the reasonable and proper use, construction,
reconstruction and maintenance of any public
improvements or other existing utility systen
component or other structure upon or under the
streets, alleys or public places of the city, the
Director of Public Works shall, within a reasonable
time after the filing of such plan, map and
specifications, nate the necessary and proper
changes to eliminate all interference with public
improvements or existing utility systen and refer
the same back to the public utility company for
correction. Such nap, plan and specifications, Am
properly changed and corrected, shall be filed in
the office of the Public Works Departneit, and a
copy thereof, together with the written statement,
shall be forwarded to the Planning and Zoning
Commission.
Section 33 -IID. Stsdw* and Criteria for
IEviec of the location of Prgned EiWiotis or
Edmioms of Electrical Utility Tratsmssion
Systems, or far Installation of New Electrical
Utility Tnaremmission Systems.
(a) Review by Director of Public Works. In
reviewing the written statement and the maps,
plans and specifications submitted by the
electrical utility company pursuant to Section
33-179 above, the Director of Public Works
shall determine the degree to which the
electrical utility company's proposal complies
with the standard set out in this paragraph and
shall forward findings and a recommendation
thereon to the City Council. All utility
system conponemts erected by an electric
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Ordinance No. 86-3298
Page 7
utility conpany within the city shall be so
located as to cause minis m interference with
Public improvements and 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 or
places.
(b) Review by Planning and Zoning Commission. In
reviaving the written report and the naps,
Plans and specifications sutmitted by the
electrical utility company pursuant to Section
33-179 above, the Planning and Zoning Carmis-
sion shall review the electrical utility
company's proposal in light of the following
planning criteria, and shall report its
findings and recommendations to the City
Council.
(1) The relationship of the proposed project
to present and future economic development
of the area.
(2) The relationship of the proposed project
to the existing electric utility system
and parallel existing utility routes.
(3) The possible use of alternative routes.
(4) The relationship of the proposed project
to the present and future land use and
zoning ordinances.
(5) The inconvenience or damage which may
result to property owners as a result of
the proposed project.
(c) The City Engineer and the Planning and Zoning
Carmission 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 acam-
pagying naps, plans and specifications.
Section 33-181. Camcil PMml Rewired for
the E*mion or Exbmsim of Elecb1cal Utility
Tramalssicn Systm and for the Lrstallatim of
New Electrical Utility Tramsmissim Systems. Within
60 days of its receipt of the reports and recommen-
dations of the Director of Public Woks and the
Planning and Zoning Commission relative to the
electrical utility carpany's proposal to expand or
extend its electrical utility transmission system or
to install a new electrical utility transmission
system, 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 recommendations received. In the
event that the City Council disapproves said
Proposal, the resolution shall reflect the reason or
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Ordinance No. 86-3298
Page 8
reasons for disapproval. If the City Council fails
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 company's proposal as
aforesaid, the Director of Public Works shall issue
a permit therefore and the Caipany may proceed with
the work. No person shall perform any such work
unless and until the required permit has been
issued. The permit issued hereunder shall include
any permit required pursuant to Chapter 31 of the
Mmicipal Code. No such excavation, construction or
erection shall be cmmenced before the issuance of
the pennit herein provided for and all work shall be
in strict accordance with the said corrected naps,
plans and specifications.
Sectim 33-182. l *Wmd Sevice MPIf d.
In all new residential subdivisions platted or
developed in Iowa City, public utility companies
shall be required to install utility distribution
system; underground in accordance with accepted
engineering practices. Gas utility distribution
mains and lines, and supply lines, except for
certain control facilities, shall be placed
underground throughout the City in accordance with
accepted engineering practices. All above grand
gas facilities shall be located with due regard for
aesthetics. Underground electrical service shall be
installed pursuant to the requirerents of Chapter
33, Article III of this Wnicipal Code. Underground
telephone service shall be installed pursuant to the
requirements of Chapter 33, Article IV of this
Mmicipal Code.
Section 33-1m. 11dwgaud Sevie Districts
Established.
(a) The City nay, upon a shaving of good and
reasonable cause, require the cmpany to place
or bury its utility system canponents uder-
ground in any underground service district
hereafter established by the City pursuant to
this provision.
(b) The following described area(s) shall consti-
tute the underground service district(s):
(1) from dot trict: Madison Street north
curt Street to Washington Street,
Washington Street east to Gilbert Street,
Gilbert Street south to Burlington Street,
Burlington Street west to Linn Street,
Linn Street south to Cart Street, and
Cart Street west to Madison Street.
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Ordinance No. 86-3298
Page 9
Section 3i 1B4.
Regulations.UdMrgrMd Service Ris"ct
(a) Before comencing the work of placing utility
lines underground, the Corpany shall file with
the City a written statement specifying the
Particular streets, alleys and public highway ,
Of' Parts thereof, in which underground
utilities are to be located, the approximate
size of the lines, cables, and/or conduits
proPosed to be used and the distance from the
surface of the street
cables, and/or conduitsto the top of such lines,
.
(b) The statemts required by subsection (a) of
this section shall be accompanied by a map,
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 lines, cables, conduits or
manholes to be used therewith. The proposed
locations may 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 underground by the City or by any
other public utility.
(c) The statement, mop, plan or specifications,
altered as provided for in subsection (b) of
this section, after being connected or changed,
together with the original statement, shall
remain on file in the office of the Beparbmnt
of Public Works of the City. All underground
facilities shall be constructed in accordance
with the corrected statm"t, map, plan or
specifications.
(d) A permit to excavate in any street, alley or
Public highM as provided in this section
shall be issued by the Department of Public
Works to construct underground facilities as
Provided for in Chapter 31 of the Mnicipal
Code, when their location has been approved by
theDeParnt i
reOF Publicc lnrks. All such
li
the requir erhts of this Chapter dChapi
Chapter and
of the PLnicipal Code.
(e) In planning underground ducts, the Company
shall include in the plans a conduit space in
which the CitY [my place its City alar, City
control, or City cmmnhnication wires, free of
charge,
installation, C aWY shal l work with the City
in val of
alarm, control, and coon uunication wiir and res in the
space allotted to the City.
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Ordinance No. 86-3298
Page 10
(f) The above -ground extension of a utility line
from an underground conduit to a building or
other location within the underground service
district mist be approved by the Department of
Public Works of the City prior to its installa-
tion.
(g) My above ground facilities in an underground
service district shall be located with due
regard for aesthetics.
Section 33-185. Rblic Utility Cmpary cmbrac-
tons. The requirements of this chapter shall apply
fully to all persons, firms or corporations
performing work for a public utility company under a
contract or other type of work order.
Division 4. 6amesl Revisions.
Section 33-186. Cmditims of Sheet ooayrsry.
(a) Use. All utility system components erected by
a public utility ompany within the city shall
be so located as to cause mininun interference
with other public utilities located in the
streets, alleys and other public ways and
places, and to cause minimm interference with
the rights or reasonable convenience of
property comers who adjoin any of the said
streets, alleys or other public ways and
places.
(b) Relocation. The Company shall, upon reasonable
notice and at its cost and expense, remove,
locate and relocate its utility system
components in, on, over or under any 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, reconstruction,
maintenance, repair or change in grade of any
public inprovement on, in or about any such
public right-of-way, for the purpose of
pramting the efficient operation of any such
inprovement, or for the purpose of facilitating
the vacation and redevelopnent of public
right-of-way by the City. In the event the
public utility conpany fails to act within the
allotted time, the City may cause the utility
distribution system to be relocated and the
costs thereof shall be assessed to the public
utility campany.
(c) Placement of Canponents. The public utility
company shall not place their utility system
components in the public right-of-way where the
same will interfere with the normal use or
maintenance of any public improvement,
including but not limited to streets, alleys,
sidewalks, traffic control devices, sanitary
sewers, stom sewers, stonm drains or water
mains.
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Ordinance No. 86-3298
Page 11
chapter'contained shall be constirued�to�abridgein tthe
right or power of the City to peke further regula-
tions relative to the use of the streets, alleys and
Public grounds by a public utility calPany using the
sane for the erection and reintenance of utility
system.
Section 33488. PAralty. My Persons willfully
violating this chapter shall be guilty of a
ndsdeeanor and ren conviction thereof shall be
punished according to the Provisions of Section g of
Ordinance No. 78-2918.
Section 2. SeverabMtClause. If any of the
proves ons o is finance are for any reason
declared illegal or void, then the lawful Provisions
of this Ordinance, vArich are severable from said
unlawful provisions, shall be acd renin in full
force and effect, the care as if the ordinance
contained no ill1 or void provisions.
Section 3, ler. All ordinances or parts of
nances n con ct with the provisions of this
Ordinance are hereby repealed.
Section 4. Effective Date, This ordinance shall be
in full force and effect frcrn and after its final
directed to publishpublication. and this Ordinance hereby
on Novenberr1,
'1966, which shall be the effective date hereof.
Passed and approved this
ATIEST:
ly
ived 8 APP
��Yd nl
I
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1
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It was moved by McDonald , and seconded by Zuber
that the Ordinance as rea a adop ed and upon roll ca t ere were.
AYES: NAYS: ABSENT:
X AMBRISCO
_ x BAKER
Y_ COURTNEY
x_ DICKSON
Y MCDONALO
Y STRAIT
Y ZUBER
First consideration 8/26/86
Vote for passage: Ayes: Ambrisco, Baker, Courtney, Dickson
McDonald, Strait, Zuber. Nays: None. Absent: None.
Second consideration 1pIXXXXg
Vote for passage
Date published '11/14/86
Moved by McDonald, seconded by Zuber, 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
waived and the ordinance be voted upon for final
passage at this time. Ayes: .Dickson, hlcDonald,
Strait, Zuber, Ambrisco, Baker, Courtney: -
Wl
T
a
ORDIWCE W.
AN ORDIN4NDE NUIDING CMPTER 33 OF TIE IDtdA CITY
MNICIPAL CGDE, UTILITIES, BY ADDING WRETO A NW
ARTICLE, ARTICLE VI, TO BE ENTITLED ,PUBLIC
UTILITIES REGUATION," MISTING OF SECTIM 33-171
THdRd)lllli 33-18B, ANT RELATING TO TIE REGUATICN DF
RIBLIC UTILITIES IN TI -E USE DF RIBLIC RI(}IT-GF-WAy,
PRE*BLE:
4 fJM, pursuant to Section 364.1 of the Iowa
Code the City is authorized to "exercise any pDeq
and perform any function it deans appropriate
Prot and preserve the rights, privileges
propert of the city or of its residents, to
Preserve improve the peace, safety, lth,
welfare, c rt and convenience of its
and res' eats";
WfRFAS, Lunt to Section 364.2 of the Ione
Code the City is authorized to reg ate "the
conditions regain and the manner of use of the
streets and the lit grourls of he city by
public utility franch' ees;and
WHEREAS, this Cit Council further been
advised, and has found determi , that it would
serve to preserve and a peace, safety,
health, welfare, canfort vcniene of Iaa
City residents and to Prot and preserve city
property by adoption of an inane regulating
Public utilities' use of 1 right-of-voy and
Public Property, and requir oval of utility
systen expansions and octet ions.
NOW, 111EJUDRE, IE IT NED BY CITY CMMIL
OF THE CITY CF IOW4 CITY, OWA;
Section 1. That Cha er 33 of the Iove Cit
Finn c pa Code, "Utili es," he, and t sane is
hereby amended by add thereto the foil ng
article, Article VI, to be entitled r�
Utilities blit
fa'gulation,' consisting of Sections
through 33-172, to ad as follows; -171
er 33, Article VI
)l Utilities Utilities rgulation
Division 1. itle, Repose and Definitions.
Section 33- . Title. The ordinance codified
in this chap shall be known as the "public
utilities reg ation ordinance,"
Section 172. Rrpose. The purpose of this
chapter is (1) to regulate the use of public
right-of-way for the distribution of energy and
audio or vi ual conminications by companies holding
a franchise ted by the City of Iowa City, Iowa,
or otherwise permitted to use public right-of-way to
deliver a product or service to the residents of
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Ordinance tlo.
Page 2
this city; and (2) to regulate the location of
utility system expansions and extensions to prorate
conp•ehensive city planning.
Section 33-173. Definitions. For the purpose of
this chapter the following terms shall have the
meanings herein ascribed to then except where the
context clearly requires otherwise:
(a) "Alio or visual comnnications" include radio
and television transmissions and telephonic
cammnications.
(b) "Energy" means pmer supplied to custaners
either in the form of gas or electricity.
(c) "h$jor repair work" means the repair or
reconstruction of a part of the utility s ten
to the extent that part of the Sys uder
repair involves one or more cool city
blocks.
(d) ' lic utility canpany" or "company' means any
, canpary or corporation ilizing the
pub 'c right-of-way to deliver y or audio
or vi 1 commnications to t residents of
the cit holding a city fr chise for that
(e)P'UWtili�ty sys " or "utility ystern canponmts"
means and i Ludes poles aerhead wires,
underground ts, pt ing, manholes and
other installati and appliances necessary
for the generation, r emission or distribu-
tion of energy or a ' or visual camnnica-
tions.
(f) "Electrical distrib ion system" means all
electrical systen ent designed or used
for the distributi n of el ec is energy within
the City, other. t transnissi lines.
(g) "Electrical tr ission system' means those
electrical Sys canponeits wt h directly
serve or s rt electrical line carrying
thirty-four nt five (34.5) kilovol or more
of electric ent.
(h) "lidergro service district" means a efined
area or tr of land within which all blit
utility c ies are required to place ut lity
systen c frits below the surface or gr of
the righ-of-way or private property upon ich
said c ants are located or through ich
they verse.
Sectie 33-174. Roving "drereuts, the
following information shall be furnished by the
Company the City Clerk and filed in that office
within t times hereinafter set forth:
(a) Mn 1 Report to Stockholders (within 30 days
of ssuancel.
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Ordinance W.
Page 3
(b) reegullatnnual ryagenciert to s((withiin 30 days state of filling).
(c) 1OC-Annual Report (SEC) (within 30 days of
filing) .
(d) Copy of Canpany's current rate manual and all
updates.
(e) Projections and plans for future transmission
in the city to be provided amually.
(f) Written notice to the City of any rate increase
innhabbiitantsts pfiledle to by the the
CMWYCity
before a
Iowa State Came m Canmssiom.
situ 3: llnec}nent of Public Utility of
Pio Right -of -ft; Public Utility
— 33-175. Ibps an Project the
cc y s 11 furnish to the Public Wa Departrnent
crrent showing the location of all Existing
underground ility system canponen in the city
streets and a eys and on private prolertY. The
Company shall fte- prat the City with
updated maps when are xpda by the Company
for its use. The C y's use of such maps shall be
limited to City uti ty and anent planning
purposes. In addition, the cm pany shall furnish
information and projecti s oncernIng all planned
or proposed utility system tensions or expansions,
i major repair work projects projects to install
4 new systems. Such dnforma m projections shall
be prepared giving due sider ion to the City's
ffive year Capital enemt P1 , and shall be
provided in canprehens a form and 'th sufficient
lead time to provide he City the unity to
conduct appropriate iews.
Section 33-176. Bftnsion or ion of
Utility System,(Epsir Mak and ilation
6 of ikw Systee. fore any public utility penY,
now or hereafta operating or maintaining ility
i distribution sys s, commences any extensio or
Expansion of i utility system, any major re it
work or the in tallation of any new systen in
City, there s all be filed with the Public s
Deparbnant a written statement specifying the
streets, all , public places or private property,
r or parts eof, in which it proposes to extend,
1 expand, ins all or repair its utility system. The
Director o Public Works may require that the
statement accompanied by a map, plan and
specificat ons to an acceptable scale showing the
proposed 1 ation of the utility system components
with refer to the streets and alleys and lot
lines, the s ze and dimensions of all utility system
components and the distance above or beneath the
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Ordinance No.
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surface of the ground it is proposed to repair or to
lay the sare. If the proposed locations of any
utility systen components shall interfere with the
reasonable and props• use, construction, reconstruc-
tion and naintenance of any public improvenents or
other existing utility systen canponent or other
structure upon or oder the streets, alleys or
public places of the city, the Director of public
Works shall, within a reasonable time after the
filing of such plan, rtap and specifications, to
the necessary and proper charges to elimina all
interference with public imprwenentS or isting
ility system and refer the same back to public
ut ity conpany for correction. Such , plan and
spec ications, when properly charged corrected,
shall filed in the office of the public Works
Depa t, and after the approval the sane by
the Dir of Public Warks, a it shall be
issued aut izing the canpany excavate in the
streets and leys and to erect and construct such
utility syst in accordance 'th said corrected
maps, plans and pecificati . The permit issued
hereunder shall i lode any it required pursuant
to Chapter 31 of he cipal Code. No such
excavation, constr ion or erection shall be
cmmenced before the i s e of the permit herein
provided for and all k shall be in strict
accordance with the sai orrected maps, plans and
specifications.
Section 33-177. on and flepair: In the
process of location, const• ion, reconstruction,
replacenent or it of y utility system
canpone nt, the exc vation or truction made or
placed in any str t, alley or is groud at any
tine or for any pose by any s public utility
canpany shall be properly barricaded protect the
public and to a ure the safe and effi cot mwenent
of traffic, all lsvenent taken up displaced
shall be po ly and speedily replaced under the
general suuppee ision of the City. As a c ition to
use of publ' right-of-vsy, every public utility
canpany ( ept those public utility c ies
having a fr hise by City ordinance) engaged n the
making of h excavation or in the construct on or
erection o the utility systems cnanponent or n the
repair or replacement of sane, or having contracted
for the k to be done, shall pay all danages or
injuries persons or property, as well as to the
City, ulting fron the negligent or improper
construc on, erection or repair of such utility
System or the intenance and use of the sare, and
shall fully indennify and save harmless the City
fran and against all clams of every nature for
damages to person or property arising or resultirg
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ordinance Nn.
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from negligent construction or negligence in
constructing or maintaining such utility systen
components, or in the repair of the same or
resulting or arising fron delay or failure to
restore the street, alley or public ground to its
forma- condition, where excavations have been made,
or resulting from a failure to properly barricade
such excavations. If the public utility company
ils to repair or arrange for the proper repair
th the City of any street, alley or public ground
a r excavations have been made, and after five
day ' notice in writing to do so, given m i local
repr tative, then the City may makes repairs
at the expense of such public utility c y.
Sect 33-178: Eraravatiomm and T Triming.
In maki any excavation in a public , avenue,
alley or public place, Company shall
obtain a it therefore prsuan to Chapter 31 of
the Mmicipa Cade, shall provi the Public Works
Depar wi 24 hoes roti prior to the actual
comaxcenent the work, 1 not unnecessarily
obstruct the use such s , avenues, alleys or
Public places, shall c ly with all provisions
of Chapter 31 in formi such work. In ennergen-
cies which require i excavation, the Car any
may p'oceel with the without first applying for
or obtaining the permit provided, however, that the
Cmpany shall apply f and obtain the excavation
Permit as soon as ss le after conmirg such
energency work.
A public utilit canlan authorized to cut and
trim trees under he terms of its franchise must
conduct such wur in a care f 1 and prudent manner.
The authority a obligation o the company in this
regard shall t extend be trianing trees
sufficiently clear and prev interference with
its above-gro transmission or istribution lines
and facilit Cutting or imming shall be
performed i residential street alley areas in
accordance th standards to be est lished by the
City Fores er. llne Company shall s it to the City
Forester or before Decerber 1 of each year, a
schedule of tree trimming that it int s to do in
the res ential street and alley areas. Trimning on
cutting which is done on an anagen basis and
which s not shown on the annual mning and
cutti schedule shall be reported to the City
Fores er within seven calendar days foll irg such
trior cutting.
Ion 33-179. Extension or Expansion of
El cal Utility Trmsrttssim Systems and
Insta lation of New Electrical Utility Transmission
System- Before any public utility company, now or
hweafter operatirg or maintaining an electrical
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ordinance No.
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utility system within Io,e City commences any
&.tension or expansion of its electrical utility
transmission system in the City or the installation
of any nxw electrical utility transmission system in
the City, there shall be filed with the public Works
Department, in duplicate, a written statement
specifying the streets, alleys and public places, or
private property, or parts thereof, in which it
propo s to extend, expand, install or repair its
utilit system. The Director of Public Works nay
require that the statement be accmpanded by ,
plans specifications, in duplicate, dre to an
acceptabl scale, showing the proposed 1 tion of
the elec ical utility system c4
with
reference the streets and all lot lines,
the size dimensions of all T. system
components the distanceabove or beneath the
surface of the urd it is propos to repair jar to
Jay the sane. If the pnopo locations of any
electrical utilit system c is shall interfere
with the reasonab and pro use, construction,
reconstruction maint a of any public
improvements or o sting utility system
canponent or other tr u ure upon or under the
streets, alleys or i places of the city, the
Director of Public Warks shall, within a reasonable
time after the fili of such plan, imp and
specifications, rote t necessary and proper
changes to eliminate all terference with public
inprovenants or &xi irg ut lity systen and refer
the sane back topoli utility Oencompany for
correction. Such ,pan specifications, en
properly charged and corrected shall be filed in
the office of Public Warks Department, and a
copy thereof, ether with the itten statement,
shall be f rded to the PI ing and Zoning
Comnission.
Section 181. Stardsds Criteria far
peril+ of lWcation of ta'aposr Bposions or
Odensiors of Electrical Utility Trarodssion
Sbsters; for Installation of Electrical
Levi by Director of Public ks. In
rev ng the Witten statennent the maps,
pl s and specifications sutm tt by the
all trica1 utility company pursuant Section
33 179 =, the Director of Pub is Works
s 11 determine the degree to ich the
e ectrical utility canpany's propos4a complies
th the standard set out in this paragraph and
s 11 forward findings and a reccamendation
thereon to the City Council. All utility
system components erected by an electric
utility corpany within the city shall be so
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Ordinance No.
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located as to cause minium interference with
public tnprovenents and other public utilities
located in the streets, alleys and other public
ways and places and to cause miniam interfer-
ence with the rights or reasonable convenience
of property owners who adjoin any of the said
streets, alleys or other public ways or
places.
(b) Review by Planning and Zoning Carmission In
reviewing the written report and t maps,
jplans and specifications s6nitt by the
electriyp=D�erty
tility coripany pursuant Section
f 33-179e, the Planning and ing Cannis-
5 situ sreview the elec ical utility
canpanysal in light the following
planinri ia, and s 11 report its
findingnd mmadati ns to the City
Council.
(1) Thlation ip of the proposed project
tosaut fat ecaranic developnent
of M.
(2) Thlationshi of the proposed project
to existi electric utility systen
anrallel ist rig utility routes.
�3) Thssible se alternative routes.
4) Thlatio ip o the proposed project
1 to ent and afore lard use and
I zonances.
J (5) Thnc enience or danage which may
reproperty own as a result of
(c) The City Jineer'ard the Pl ire and Zoning
Canmissi shall be required crake their
respocti reports and r c;merd tins to the
City Cil within 60 days of conpany's
final tmission of its report, the accan-
panyi maps,. plans and specificatio
r Sunt 3�lffi. comcil Approval far
the iu>n or Extemian of Elecblca Utility
T
System ad for the Instal ion of
Nor El tad Utility Tranarissim System Within
60 days of its receipt of the reports and r Amer
dation of the Director of Public Vbrks the
Plan and Zoning Camission relative the
elec ical utility company's proposal to ex or
e(t its electrical utility transnission s ben or
to nstall a new electrical utility tran ission
sys , the City Council shall, by re olutien,
eit approve or disapprove said proposal based on
the standards and criteria stated in Section 33-180
e and on the recamendations received. In the
ev that the City Council disapproves said
proposa , the resolution shall reflect the reason or
reasons for disapproval, if the City Council fails
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Ordinance No.
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to either approve or disapprove such proposal within
the said 60 -day period, the proposal shall be
considered to be approved.
Q= approval of the canpany's proposal as
aforesaid, the Director of Public Works shall issue
a pennit therefore and the Canpany may proceed with
the work. No person shall perform any such work
unless and until the required permit has
iss el. The permit issued hereunder shall inc e
any nnit required pursuant to Chapter 31 the
Mnici Code. No such excavation, constru ion or
erection all be cam�cei before the is ce of
the permit erein provided for and all shall be
in strict cordance with the said co ected maps,
plans ands ifications.
Section LkxW �anr ice Required.
In all new idential subdivi ons platted or
developed in I City, public ility conpanies
shall be requir to install ility distribution
systems and in acco ance with accepted
engineering practic . Gas utility distribution
reins and lines, s y lines, except for
certain control fac it' , shall be placed
underground throughout City in accordance with
accepted engineering pa ices. All above ground
gas facilities shall be ted with due regard for
aesthetics. Ikdegro el rical service shall be
installed pursuant to the irenahts of Chapter
33, Article III of t s Mnici 1 Code. Underground
telephone service 11 be insta led pursuant to the
requirements of C pter 33, icle IV of this
Mnicipal Code.
Section 33-1 Udegraond ce Districts
Established.
(a) The City y, upon a showing of good and
reasonabl cause, require the can y to place
or bury is utility systen canpo ts under-
ground n any underground sery lc district
herea established by the City suant to
this vision.
(b) The llowby described area(s) shal consti-
tute he underground service district( ):
(1) Dovntorn District: Madison Str t north
from Court Street to Washington Street,
Washington Street east to Gil Street,
Gilbert Street south to Dhrlington Street,
Burlington Street we to Linn Street,
Lim Street south to Court Street, and
Court Street west to Madison Street.
ion 33-184. lila rood Service District
ijul ions.
;a) re camencing the work of placing utility
lines underground, the Canpany shall file with
the City a written statement specifying the
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Ordinance Wo.
Page 9
Particular streets, alleys and public highway,
or Parts thereof, in which underground
utilities are to be located, the approximate
size of the lines, cables, and/or conduits
Proposed to be used andthe distance from the
surface of the street to the top of such I,
cables, and/or conduits, ,nes'
(b) the statenents required by sniasection a) of
thi ,action shall be accrnpanied b a rep,
Plan or specifications ehieh shall show the
Propos location of the lines, c les and/or
cO dui with reference to the st ts, alleys
and surfa a of the streets and approximate
dimensions of the lines, cab, conduits or
manholes to be used thereA The
locations ma be changed by he oepart int off
I Public Vbrks o the City if they shall in any
mains t ere Placed ud th other roud ctheuCity o i by y
I other public utile .
(c) The staterent, nap, an or specifications,
altered as provided in subsection (b) of
this section, after a corrected ored
together with the i nal statement, ll
remain on file in of 'ce of the oepar'tent
of NO is Woks o the Ci . All underground
facilities shall constr ted in accordance
with the torr ed stat map, plan or
specifications,
(d) A permit to cavate in m s reet, alley or
public hig as prwidg i this Section
shall be 1 ued by the oepar t of Public
Works to c struct underground ilities as
provided f r in Chapter 31 of Mnici 1
Cade, wh their location has been pproved by
the tment of Public Works. All such
excavati shall be made in compliance with
the irenents of this Chapter and Chapter 31
of the icipal Code.
(e) in pl ning Underground ducts,
shall include in the plans a cord it space Compa y
oh,c the City may place its Cit alarm, City
i cont 1, cr City comunicatim wires free of
cha e. The Company shall wxk wind the City
j in the installation, repair and removal of
ala , control, and camNnication wires in the
S allotted to the City,
' (f) Thetho�uground extension of a utility line
fr an round conduit to a building or
anon within the W"Mud service
district must be approved by the oeperim nt of
Public Works of the City prior to its instalia
tiro.
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Ordinance No.
Page 10
(g) Any above ground facilities in an underground
service district shall be located with due
regard for aesthetics.
Section 33-185. Public Utility Capany Contrac-
tor's. The
requirements of this chapter shall ly
persons, firms ar c tions
perfo dug work fora public utility canpan oder a
contra or other type of work order.
s 4. faneral Prwis.am.
Satin 186. Caditims of
(a) Use. 1 utility systen c tserected y
a publi utility company with' the city shall
be so la ted as to cause m' inn interference
with on public utdlit' s located in the
streets, a eys and opublic ways and
places, and cause mi mm interference with
the rights rea le convenience of
Property owner who join any of the said
streets,' alleys or other public ways and
places.
(b) Relocation. The y shall, upon reasonable
notice and at its st and apense, remove,
locate and rel a its utility system
canponents in, , ov or under any public
right-of-wsy in a cit in such manner as the
City may at any ire requ for the purpose of
facilitating construct , reconstruction,
main it or c in grade of any
public inpov t on, in about any such
public rig h -of way, for t purpose of
praroting efficient operati of any such
i"Onrnt or for the purpose facilitating
the vacat' n and redevelopment of public
right -of y by the City. In the ent the
public ut' ity company fails to act in the
allotted ime, the City may cause the tility
distrib 'on systems to be relocated the
costs of shall be assessed to the lic
(c) Plac6qtOf
Components. The public utili
co en shall not place their utility sys
C a po is in the pbl is right -of -my where the
sane 'll interfere with the normal use or
maint once of any public improvement
incl ing but not limited to streets, alleys,
sid lks, traffic control devices, sanitary
storm sewers, storm drains or water
mains
Section187. Pbaas of City. Nothing in this
:hapter con ed shall be construed to abridge the
'fight or parer of the City to make further regula-
tions relative to the use of the streets, alleys and
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Ordinance No.
Page 11
public ground 's by a public utility company using the
sare for the erection and main/ceility
systen¢.Section 33-188. P nalty. Mlvi ating this chapter shallof a
misd or and r4on convictioll be
punish according to the provisin 8 of
Ordinance o. 78-2918.
Section 2. Severabilit Clausof the
Provisions o is finance refor any reason
declared illega or void; then lawful provisions
/ of this Ord inan which a severable from said
unlawful provision shall be and renin in full
forces
as if the Ordinance
contained no illegal v id a' if
Section J. R ler. 11 ordinances or parts of
o finances m con ct wi the provisions of this
Ordinance are hereby al
Section 4. Effectiv Date. s Ordinance shall be
in full force and fest frau after its final
passage and publi tion. The Cit Clerk is hereby
directed to publi this Ordinance Noverber 14,
1986, vhich shal be the effective dat hereof. I
Passed and a vved this
i MYOR i
Al1ESi:
CLERK J
f aired b Agppro)Rij
O» 4pe1 Ote
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