Ordinances-1985-135

A-2 located or extended, for the purpose of constructing, reconstructing, maintaining and operating thereon, therein, thereunder and thereover said systems for the transmission and distribution of electricity, consisting of poles, posts, wires, cables, conduits and other equipment, appurtenances and construction necessary or incident to said systems, including a high potential electric transmission line or lines, to and through said City , and together with the franchise and right to supply, distribute and sell electric energy to said City and to the inhabitants thereof and others within and without the corporate limits of said City for any and all purposes, and upon such terms and conditions and under such restrictions and regulations as are hereinafter contained, and such other reasonable rules and regulations as hereafter may be provided by the rule-making body having jurisdiction thereof. Section 2. The construction of said transmission and distribution systems shall be in accordance with the specifications of the National Electrical Safety Code. issued by the United States Department of Commerce, Bureau of Standards, as approved by the Iowa State Commerce Commission. All poles, posts, wires, cables, conduits and other equipment, appurtenances and construction connected there- with shall be located, erected, adjusted and maintained so as not to interfere unreasonably with any improvements the City may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, avenues, alleys, bridges or other public places. Section 3. Whenever the Grantee, in erecting, constructing or.maintaining said transmission and distribution systems, shall take up or disturb any pavement or sidewalk or make any excavations in the streets, avenues, alleys, bridges or public places of said C ity such excavations shall at once be refilled and the pavement, sidewalk or other improvement replaced to the satisfaction of the City officials. Section 4. The Grantee shall extend its overhead transmission and distribution lines for each applicant for light, power or electric current as provided by the most current extension rules promulgated by the governing regulatory body. Section 5. Said Grantee shall have the right to supply, distribute and sell electricity for any and all purposes to said C ity and to the inhabitants thereof, and to charge therefor such just and reasonable rates as hereafter may be fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction thereof. Section 6. All of the provisions of this Ordinance shall apply to the successors or assigns of the Grantee with the same force and effect as they do to the Grantee itself. Section 7. The Grantee shall hold the said City harmless from any and all causes of action, litigation or damages which may arise through or by reason of the construction, reconstruction, maintenance and operation of said distribution and transmission systems and other construction hereby authorized. Section 8. The Grantee shall, within sixty ( 60) days after the publication of this Ordinance, signify in writing an acceptance of the grant herein, including the conditions and restrictions herein expressed, and this Ordinance, and the franchise granted herein, shall not be operative or binding until such u - y acceptance is filed with the Clerk. The Grantee shall pay the costs incurred in holding the election to submit this Ordinance to the legal electors for their approval as provided by law. Section 9. All ordinances or parts of ordinances, insofar as they are in direct conflict here- with, are hereby repealed. Section 10. This Ordinance shall take effect and be in full force and effect, subject to its City Tiff in approval by a majority of the legal electors of the of Iowa, voting thereon and upon its publication as provided by law, and subject to its acceptance by the Grantee as provided in Section 8 above. It was moved by Councilman Spivey and seconded by Councilman Runge that said Ordinance be placed upon its first reading. E- 2/ 83)