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Granting the Right and Franchise to Acquire, Construct, Erect, Maintain and Operate Works and Plants for the Manufacture and Generation of Electricity and Distributiion System for Electric Ligh, Heat and Power to IES Utilities

TITLE VIII   FRANCHISE ORDINANCES

 

CHAPTER 106

 

GRANTING THE RIGHT AND FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE WORKS AND PLANTS FOR THE MANUFACTURE AND GENERATION OF ELECTRICITY AND DISTRIBUTION SYSTEM FOR ELECTRIC LIGHT, HEAT AND POWER TO

IES UTILITIES

 

SECTION 8-106-1       There is hereby granted to IES UTILITIES INC.,  hereinafter referred to as the “Company,” its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Belle Plaine, Benton County, Iowa works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the said City of Belle Plaine, Benton County, Iowa; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the said City of  Belle Plaine, Benton County, Iowa to supply individuals, corporations, communities, and municipalities both inside and outside of said City with electric light, heat and power for the period of twenty-five (25) years; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa.

 

SECTION 8-106-2      The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys, and public places in said City nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the City, and the said Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent act or omissions of the Company in the erection or maintenance of said system.

 

SECTION 8-106-3      The Company, its successors and assigns, shall furnish and install all meters at its own expense, and shall provide the service wire to buildings as set forth in the Company’s tariff filed with the Iowa Utilities Board.

 

SECTION 8-106-4        The system authorized by this Ordinance shall be modern and up-to-date and shall be sufficient capacity to supply all reasonable demands of said City and its inhabitants thereof and shall be kept in a modern and up-to-date condition.

 

SECTION 8-106-5      The franchise granted by this Ordinance shall not be exclusive.

 

SECTION 8-106-6       Service to be rendered by the Company under this franchise shall be continuous unless prevented from doing so by fire, Acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to property service the Company’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.

 

SECTION 8-106-7       The term of the franchise granted by this Ordinance and the rights granted there under shall continue for the period of twenty-five (25) years from and after its acceptance by the said Company, as herein provided.

 

SECTION 8-106-8      The expense of the publication of this Ordinance and the expense of the election herein called shall be paid by the Company, its successors and assigns.

 

SECTION 8-106-9      The franchise granted by this Ordinance shall be conditioned upon acceptance by the Company in writing. The acceptance shall be filed with the City Clerk within ninety (90) days from Company receiving a majority of the votes cast at the election hereinafter called.

 

SECTION 8-106-10    BE IT FURTHER ORDAINED and it is hereby ordered that the question of granting of the franchise provided for in this Ordinance shall be submitted to a vote of the electors of the City of Belle Plaine, Benton County, Iowa, at a Special Election and that said Special Election is hereby called and ordered to be held in the City of Belle Plaine, Benton County, Iowa, on the 4th day of November, 1997, subject to the acceptance of the Company as provided in Section 9 above. Notice of said Special Election shall be given in the manner and form as required by law.

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