Maquoketa Valley Electric Cooperative Franchise Agreement_Hearing 11 5 18 Copyrighted
November 5, 2018
City of Dubuque Public Hearings # 4.
ITEM TITLE: Maquoketa Valley Electric Cooperative Franchise
Agreement
SUMMARY: Proof of publication on notice of public hearing to consider
adoption of an ordinance Granting to Maquoketa Valley
Electric Cooperative a Non-Exclusive Franchise for its
Electric System, and Senior Counsel recommending
approval.
ORDINANCE Repealing Ordinance No. 20-04 and granting
to Maquoketa Valley Electric Cooperative, its successors
and assigns, the right and non-exclusive franchise to
acquire, construct, erect, maintain and operate in the City of
Dubuque, lowa, an electric system and to furnish and sell
electric energy to the City and its inhabitants and authorizing
the City to collect franchise fees for a period of 25 years
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B, Then
Adopt Ordinance as Amended
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
NNECFranchiseAgreementOrdinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DaTe: October 30, 2018
Re: Public Hearing on an Ordinance Granting To Maquoketa Valley Electric
Cooperative a Non-Exclusive Franchise for Its Electric System
In 2004, the City Council adopted an ordinance granting to Maquoketa Valley Electric
Cooperative (MVEC), its successors and assigns, a non-exclusive authority to maintain
and operate its existing electrical system in the city of Dubuque through October 3, 2018.
At its October 1, 2018 City Council meeting, the City Council approved an ordinance
extending the term of the 2004 Franchise granted to MVEC to and including November
5, 2018, to allow the City and MVEC to negotiate a new franchise agreement.
With the assistance of James Wainwright of the Ahlers Firm, we have negotiated a
proposed new franchise agreement with MVEC. A copy of the franchise ordinance is
attached. The franchise ordinance is based on the franchise ordinance with Interstate
Power Company, adopted by the City Council in 2015, with revisions to accommodate
the different nature of an electric cooperative.
Among other terms, the franchise ordinance provides for a continuation of the current five
percent (5%) franchise fee on the gross revenue generated from the sale of electricity in
the City of Dubuque.
I recommend that the City Council adopt the Ordinance Granting To Maquoketa Valley
Electric Cooperative a Non-Exclusive Franchise for Its Electric System.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Crenna M. Brumwell, City Attorney
James Wainwright, Esq.
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MayorCouncil_AdoptOrdinanceGrantingFranchise_MVEC_103018.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAx (563)583-1040/EMAi� balesq@cityofdubuque.org
Kevin Firnstahl
From:Rob Rollins <rob@sterlingcodifiers.com>
Sent:Thursday, January 10, 2019 2:38 PM
To:Kevin Firnstahl
Subject:ordinance 42-18
Ord 42-18 in section 1 states that all sections in title 11 article 5B are to be repealed.
Section 12 of that ordinance conflicts with section 1 in that it states the fees contained at 11-5B-23 are to be retained.
Per conversation with City atty, the intent of the city was to retain the fees.
Section 12 of this ord will be codified with the additional language added to the first sentence “…ordinance no. 20-04
and 13-15 listed below….” Then section 11-5B-23 of the current code will be retained in this new section 12 of the ord.
Thanks -
Rob
rob@sterlingcodifiers.com
208-665-7193
Click here to report this email as spam.
1
ORDINANCE NO. 42-18
AN ORDINANCE REPEALING ORDINANCE NO. 20-04 AND GRANTING TO
MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF .DUBUQUE,
IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY
TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT
FRANCHISE FEES FOR A PERIOD OF 25 YEARS.
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Section 1. Ordinance No. 20-04 (City Code Sections 11-5B-1', through 11-5B-24
both inclusive) and all amendments and supplements thereto shall upon the effective date
of this Ordinance be repealed and replaced by this Ordinance. Upon the effective date of
this Ordinance, all prior electric franchises granted to the Maquoketa Valley Electric
Cooperative to furnish electric service to the City and its inhabitants are hereby repealed
and all other ordinances or parts of ordinances in conflict herewith are also hereby
repealed.
Section 2. There is hereby granted to Maquoketa Valley Electric Cooperative
(hereinafter called "Company") and to its successors and assigns, the right and non-
exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and
operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the
distribution of electric energy and telecommunications services through a fiber to the
home network ("other services") along, under, over and upon the streets, avenues, rights
of way, alleys, public places or public grounds (excluding parks) to serve customers within
the City. The City Council reserves to itself the right to extend this franchise to specific
areas or corridors within parks at the request of the Company. The Company is granted
the right to exercise of powers of eminent domain. This franchise shall be effective for a
twenty-five (25) year period from and after the effective date of this Ordinance.
Section 3. The Company shall have the right to erect all necessary poles and
to place thereon and attach thereto the necessary wires, guys, anchors, fixtures and
accessories as well as to excavate and bury conduits or conductors and related
equipment and appurtenances for the distribution of electric energy or other services in
and through the City, provided the same shall be placed in accord with this franchise and
the City Code and regulations of the City of Dubuque, including City of Dubuque Code of
Ordinances Title 11, Chapter 1, Nonfranchised Communications Systems in the Right -of -
Way, regarding the placement, replacement, repair or construction of structures,
facilities, accessories or other objects in the right of way by utilities and other users of
the right of way, including ordinances which assign corridors or other placements to users
of the right of way and requirements which may be reasonably adopted regarding
separations of structures, facilities, accessories or other objects.
Section 4. The City may require the Company for the purposes of facilitating the
construction, reconstruction, maintenance or repair of the street, avenue, right of way or
alley, public places or grounds in accord with the ordinances of the City at the Company's
cost and expense in accordance with Iowa law, including Company's Tariff on file with the
Iowa Utilities Board as may subsequently be amended, to construct, replace, repair,
locate and relocate its existing facilities or equipment in, on, over or under any public
street, avenue, right of way, alley, public places or grounds in the City in such a manner
as the City may reasonably require, except the Company shall not be required to
construct, replace, repair, locate and relocate existing facilities where Company facilities
are located in private easements (whether titled in the Company or other entities) unless
said private easement is upon land owned by the City.
If the City orders or requests the company to relocate its existing facilities or
equipment for any reason other than as specified above, or as the result of the initial
request of a commercial or other nonpublic development, the company shall receive
payment for the cost of such relocation as a precondition to relocating its existing facilities
or equipment.
In the event the Company is required to move, remove or modify the placement of
any of its poles, lines, wires, conduit, conductors, fixtures, accessories, equipment or
appurtenances located within the City because of any public improvement or public
purposes of the City, the Company shall do so at its own expenses as directed by the
City. In planning for the extension or modification of streets and roads, the City shall, to
the extent practicable in the discretion of its City Manager, design such changes to limit
the need for the relocation of Company facilities.
The Company shall not be required to relocate, at its cost and expense, company
facilities in the public right of way that have been relocated at company expense at the
direction of the City in the previous three (3) years.
The City shall consider reasonable alternatives in designing its public works
projects so as not arbitrarily to cause the Company unreasonable additional expense in
exercising its authority under this section. The City shall also provide a reasonable
alternative location for the Company's facilities as part of its relocation request.
Section 5. In making excavations in any streets, avenues, alleys and public
places for the installation, maintenance or repair of any conductor, conduit or other
appurtenance or the erection of poles and wires or other appliances, the Company shall
not unreasonably obstruct the use of the streets, avenues, alleys or public places. The
Company in making any such excavations shall, if required by ordinance, obtain a City
permit therefore and shall not unnecessarily obstruct the use of streets, avenues, alleys,
or public places and shall provide the City Manager or City Manager's designee or such
other person as the City may designate with 24 hours' notice prior to the actual
commencement of the work, and shall comply with all provisions and requirements of the
City in its regulation of the use of City right of way in performing such work. In
emergencies which require immediate excavation, the Company may proceed with the
work without first applying for or obtaining a permit, provided, however, that the Company
shall apply for and obtain an excavation permit as soon as possible after commencing
such emergency work.
The Company shall comply with all provisions and requirements of the City in its
regulation of the use of City right of way in performing any excavations. The Company
shall comply with all city ordinances regarding paving cuts, placement of facilities and
restoration of pavement and other public infrastructure. The Company shall replace the
surface, restoring the condition as existed prior to the Company's excavation, but shall
not be required to improve or modify the public right of way unless said improvement is
necessary to meet_a SUDAS (Statewide Urban Design and Specifications) standard, a
requirement of the Americans with Disabilities Act, or any other standard mandated by
state or federal law, provided however, if any improvement is requested or required for
aesthetic, cosmetic or similar purposes not mandated by state or federal law the City shall
reimburse the Company the incremental cost of such improvements. The Company shall
complete all repairs in a timely and prompt manner. Company agrees any replacement
of road surface shall conform to current City ordinances regarding its depth and
composition.
Section 6. The City when vacating a street, avenue, alley, public ground or
public right-of-way shall not deprive the Company of its right to operate and maintain
existing facilities and their replacements on, below, above, or beneath the vacated
property. Prior to the City abandoning or vacating any street, avenue, alley, right of way
or other public ground where the Company has electric facilities, the City shall grant the
Company a utility easement for said facilities. This paragraph shall not apply to the
realignment, reconstruction, or vacation of streets or alleys in a designated urban renewal
area; provided, however, the City shall identify, reserve and make available alternate
locations for facilities to serve the designated urban renewal area consistent with the
technical needs of the Company.
Section 7. The Company agrees that, unless there are extenuating
circumstances because of damage, supply shortage or other reason beyond the
Company's control, the Company shall replace any street light which is burned out or
otherwise not functioning within ten days of receipt of written notice specifying the street
light in need of replacement or repair. If because of extenuating circumstances the
Company will not be able to replace or repair a street light within ten (10) days after notice,
the Company shall notify the City within ten (10) days of the receipt of written notice from
the City what the extenuating circumstances are, including a date when the street light
will be repaired or replaced.
The Company will convert all street lights in the City to Light Emitting Diode (LED)
lights as street lights fail or if the Company determines to upgrade street lights in
conjunction with other Company work. The Parties agree that should an improved
technology be developed and commercially reasonable during this franchise, thereafter,
the Company may, at its option, substitute different lighting technologies that provide an
amount and quality of Tight that is at least equal to that provided by the LED technology.
Before installing any such substitute technology, the Company must obtain the City's
approval, such approval shall not be unreasonable withheld.
The Company shall coordinate with the City on the placement of street lighting and
the collocation of City's public safety equipment and cameras on Company facilities,
provided the City agrees to compensate the Company consistent with the Company's
established rates.
The Company shall charge the City for electric usage of any of the City's equipment
on the Company's poles consistent with rates established by the Company. The
Company will charge the City the same rates it charges its other customers.
Section 8. The Company shall maintain the availability of electric service
throughout the entire City including newly annexed areas, but excluding areas designated
by the Iowa Utilities Board to be the exclusive service territory of another electric provider,
by extending lines or facilities in a manner consistent with Iowa law. The Company shall
furnish electric energy in sufficient quantities to supply the reasonable demands of the
City and the inhabitants thereof and including industrial users in accordance with the
regulations and conditions of service as provided in its tariff or established by its Board of
Directors.
Section 9. Upon reasonable request and if available, the Company shall provide
the City, on a project specific basis, information indicating the horizontal location, relative
to boundaries of the right of way, of all equipment which it owns or over which it has
control that is located in City right of way, including documents, maps and other
information in paper or electronic or other forms ("Information"). Upon reasonable request
and if available, the Company shall also provide the City information including mapping
data indicating the horizontal and vertical locations, relative to the boundaries of the right-
of-way, of all equipment which the Company owns or over which it has control, and which
is located in any right-of-way. The Company may satisfy this requirement by providing
copies of maps showing equipment locations which were developed and kept by the
Company in the ordinary course of business, provided that if such maps do not show the
location of all such existing equipment, the Company will, upon reasonable request, assist
the City in field locating equipment not shown on such maps and provide mapping data
for such equipment provided that respect to equipment which the Company placed within
the right-of-way the Company shall provide mapping data with the specificity and in the
format required by the City for inclusion in the mapping system used by the City, as more
specifically provided in the City's utility accommodation and street restoration
specifications. The Company and City recognize the Information may in whole or part be
considered a confidential record under state or federal law or both. Therefore, the City
shall not release any information without prior consent of the Company and shall return
the Information to Company upon request. The City recognizes that Company claims the
Information may constitute a trade secret or is otherwise protected from public disclosure
by state or federal law on other grounds and agrees to protect the Information to the
extent allowed by state or federal law. Furthermore, the City agrees that no documents,
maps or information provided to the City by the Company shall be made available to the
public or other entities if such documents or information are exempt from disclosure under
the provisions of the Freedom of Information Act, the Federal Energy Regulatory
Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and
388.113, or Chapter 22 of the Code of Iowa, as such statutes and regulations may be
amended from time to time. In the event any action at law, in equity or administrative is
brought against the City regarding disclosure of any document which the Company has
designated as a trade secret or as otherwise protected from disclosure the City shall
promptly notify the Company. The Company shall have the right to assume the defense
of said action or agree to reimburse the City any and all costs, including attorney fees and
penalties,to; the extent allowed by law which may result from any said action.
Section 10. The Company is authorized and empoweredtoprune or remove at
Company expense, any tree extending into any street, avenue, right of way, alley, public
place or public grounds to maintain electric reliability, safety, to restore utility service and
to prevent limbs, branches, or trunks from interfering with the wires and facilities of the
Company. The pruning and removal of trees shall be completed in accordance with
nationally accepted safety and utility standards, currently ANSI 2133-2012, American
National Standard for Arboricultural Operations -Safety Requirements, and ANSI
A300(part 1) - 2008 Pruning, American National Standard for Tree, Shrub, and other
Woody Plant Maintenance - Standard of Practices Pruning, and subsequent revisions to
these standards. In the event any tree is removed by the Company, or is damaged to the
extent that the city forester determines the tree has lost its viability or functionality,
because the Company has removed or trimmed a tree in violation of this paragraph, the
Company shall pay the City upon invoice the sum of Three Hundred Fifty dollars ($350)
per tree, which amount shall be adjusted annually commencing on the first anniversary
of the adoption of this franchise, and each anniversary thereafter by the change in
percentage in the United States Bureau of Labor Statistics Consumer Price Index ("CPI")
as of the applicable anniversary of this franchise compared to the CPI as of the same
date of the previous year. The Company shall have no other liability to the City.
Section 11. The Company shall indemnify, save and hold harmless the City from
any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees,
on account of injury or damage to any person or property, to the extent caused or
occasioned in whole or part by the Company's negligence in construction, reconstruction,
excavation, operation or maintenance of the electric facilities authorized by this franchise;
provided, however, that the Company shall not be obligated to defend, indemnify and
save harmless the City for any costs or damages to the extent arising in whole or part
from the negligence of the City, its officers, employees or agents.
At all times during the term of this franchise, the Company shall maintain insurance
coverages as set forth in the Certificates of Insurance (attached hereto as Exhibit 2) and
Company shall issue Certificates of. Insurance annually upon request. The Company
shall require its contractors and subcontractors to maintain insurance.
Section 12. The franchise fee presently imposed by the City upon the Company
under Ordinance No. 20-04 and 13-15 (City Code Sections 11-5B-1 through 11-5B.24,
both inclusive) shall continue under this franchise. The City is authorized to impose by
ordinance a franchise fee up to the amount allowed by Iowa law upon the gross revenue
generated from sales of electricity by the Company within the corporate limits of the City.
The Company and City agree that the City Council may in its discretion increase the
franchise fee by ordinance, without further consent from the Company, provided no
increase shall exceed the maximum franchise fee allowed by Iowa law. Upon notice, the
Company shall begin collecting the franchise fee and any increased fee. The City shall
provide to the Company, by certified mail, copies of annexation ordinances and all new
property addresses to which the franchise fee will be applied. The Company shall
commence collecting the franchise fee in the annexed areas sixty (60) days thereafter.
The Company shall not, under any circumstances be required to return or refund
any franchise fees that have been collected from customers and remitted to the City. In
the event the Company is required to provide data or information in defense of the City's
imposition of franchise fees or the Company is required to assist the City in identifying
customers or calculating any franchise fee refunds for groups of or individual customers
the City shall reimburse the Company for the expenses incurred by the Company to
provide such data or information.
Section 13. The City shall use its best efforts, in the extension or modification of
streets and roads, make provision for the placement of Company service lines and
facilities on City owned right of way without charge to Company. The Company must
utilize the area provided for placement of its service lines and facilities as directed by the
City or other reasonable location provided by the Company. Nothing in this franchise shall
be construed as a guarantee that in either existing right of way or in future acquired right
of way the City will provide sufficient space for any particular need of the Company nor
shall the City be required to obtain additional right of way solely for the use of the
Company.
Section 14. The City shall hold the Company harmless from any and all causes
of action, litigation or damages arising through the placing of any City facilities upon the
Company's distribution poles placed within the City right of way. Before attaching any
facilities, the City shall complete the Pole Attachment Agreement, attached hereto as
Exhibit 1, and receive written permission for each attachment. If at the sole discretion of
the Company, it is determined that said attachments may create a clearance violation or
other hazardous situation, or that wind or other conditions may place undue stress on
specific Company facilities, the City shall not be authorized to attach to those facilities
unless they pay for all required upgrades. If attachments are in place, upon notification
by the Company of damage or potential damage, the City shall promptly remove said
attachments. The Company will contact the City Manager in the event of an emergency.
Section 15. If the Company establishes and makes available to its customers
energy efficiency materials and rebate forms, the Company will provide them to the City
for display in the building permit department and other City departments as requested by
the City. The Company will participate in neighborhood and community events, when
possible, and upon a request from the City or neighborhood organization, to encourage
City residents to utilize the Company's energy efficiency programs.
Section 16. If the Company prepares an annual written report summarizing the
aggregate electric use in its service territory located within the City by sector or type of
customer and the percentage of energy used within the City derived from renewable
resources, the Company shall provide a copy to the City Manager each year.
Section 17. If the Company makes community contributions benefitting the
people of the City, the Company shall make an annual written report to the City Manager
summarizing said contributions. The written report shall include the name of each entity
to which such contributions have been made, the amount of such contribution and a
comparison showing contributions for that year.
Section 18. In the event that the Company should have real estate or any interest
in real estate within the City or within two (2) miles of the then current boundaries of the
City, which it intends to sell, transfer or which it otherwise intends to divest the Company,
it shall provide notice to the City of the terms and conditions upon which the Company
intends to sell, transfer or divest itself.
Section 19. The City reserves to itself all home rule authority under the
Constitution of Iowa.
Section 20. Either City or Company ("party") may terminate this franchise if the
other party shall be materially in breach of its provisions. Upon the occurrence of a
material breach, the non -breaching party shall provide the breaching party with
notification by certified mail specifying the alleged breach. The breaching party shall have
60 days to cure the breach, unless it notifies the non -breaching party, and the parties
agree upon a longer period for cure. If the breach is not cured within the cure period, the
non -breaching party may terminate this franchise. A party shall not be considered to be
in breach of this franchise if it has operated in compliance with state or federal law. A
party shall not be considered to have breached this franchise if the alleged breach is the
result of the actions of a third party or the other party.
Section 21. If any of the provisions of this franchise ordinance are for any reason
declared to be illegal or void, the lawful provisions of this franchise ordinance, which are
severable from said unlawful provisions, shall be and remain in full forceand effect, the
same as if the franchise ordinance contained no illegal or void provisions.
Section 22. This Ordinance and the rights and privileges herein granted shall
become effective and binding upon its approval and passage in accordance with Iowa
law and the written acceptance by the Company. The City shall provide Company with an
original signed and sealed copy of this Ordinance within 10 days of its final passage. The
Company shall, within thirty (30) days after the City Council approval of this Ordinance,
file in the office of the clerk of the City, its acceptance in writing of all the terms and
provisions of this Ordinance. Following .City Council approval, this Ordinance shall be
published in accordance with the Code of Iowa. In the event Company does not file its
written acceptance of this Ordinance within 30 days after its approval by the City Council
this Ordinance shall be void and of no effect.
PASSED AND APPROVED this 5th day of November 2018.
ATTEST:
Kevin . Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA
By:
Ohl
Roy 11` Buol, Mayor
1, Kevin S. Firnstahl, City Clerk of the City of Dubuque, Iowa, hereby certify that the above
and foregoing is a true copy of Ordinance No. 42-18 passed by the City Council of said
City at a meeting held November 5, 2018 and signed by the Mayor on the 5th day of
November 2018 and published as provided by law on November 9, 2018.
(OFFICIAL SEAL)
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\November 1 2018 Franchise Agreement (01534305-2x7F7E1).docx
ACCEPTANCE
Maquoketa Valley Electric Cooperative hereby accepts the electric franchise
granted to it in the foregoing Ordinance. This Acceptance is intended to be in accordance
and in compliance with law and the terms and provisions of the forgoing Ordinance.
Dated this / 3 Th day of daver•-sier- , 2018.
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
By: James Lauzon CEo
Title:
01534305-1 \10422-196
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EXHIBIT 1
POLE ATTACHMENT AGREEMENT
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POLE ATTACHMENT AGREEMENT
BETWEEN
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
And
THE CITY OF DUBUQUE
THIS AGREEMENT, made and entered into this day of , 2018, by and
between Maquoketa Valley Electric Cooperative, hereinafter referred to as "Cooperative" and The City
of Dubuque, Iowa, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, the Cooperative owns and operates an existing high voltage electric distribution line,
including poles associated with the distribution of electricity; and
WHEREAS, the City wishes to attach its lines and equipment to a portion of the Cooperative's poles
along the route described in Exhibit A;
NOW, THEREFORE, in consideration ofthe mutual promises herein contained, the parties hereto agree
as follows:
1. Prior to any attachments being made, City shall submit a detailed request listing all equipment and
conductors it wishes to attach to Cooperative poles. The Cooperative shall determine if existing pole
heights and class are adequate to accommodate City's attachments and which if any poles are required to
be modified or replaced. A $500 engineering fee shall accompany the attachment request. This fee is
nonrefundable and covers the initial review of City's plans.
2. Approval to attach is solely at the discretion of the Cooperative and may be denied for any or no reason.
3. The Cooperative will estimate the cost of any required changes and shall submit the estimate along with
a modified Attachment A to this Agreement,to the City for approval. City shall document its approval
to proceed by signing the modified Attachment A and submitting payment. The Cooperative will then
schedule construction of the improvements making a good faith attempt to meet City's desired schedule.
4. Once construction has been completed, Cooperative will notify City that it may attach its equipment and
conductors, as detailed in the updated Exhibit A to Cooperative owned poles. Said attachments shall be
made without disturbing the existing conductors and attachments contained on said poles. City shall
provide its own guying as needed and shall not attach to any Cooperative anchors or guy wires
5. City agrees to pay the actual cost of all modifications required to accommodate the facilities being added
within 60 days of being billed. City may dispute any bill in excess of 10% of the estimate by giving
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notice to the Cooperative who shall then provide a detailed explanation of the bill within 30 days. If the
parties cannot agree on the billing, they shall submit the maYter to arbitration.
6. City shall pay an annual attachment fee of$25.00 per pole per year for each attachments detailed in
Attachment A as may be modified from time to time. City will be invoiced in January of each year for
payment of annual attachment fee. Payment shall be made within 30 days of City receiving invoice.
Attachment fee is subject to adjustment from time to time at the Cooperative's sole discretion. City will
be given 60 days' notice of any fee increase. The attachment fee shall be prorated based on the
remaining months of the year commencing on when approval is given to attach.
7. The poles shall remain the property of the Cooperative and each party shall own and maintain its
fiatures, insulators and conductors.
8. Both parties hereto agree to construct, maintain, and inspect their respective facilities in accordance with
the requirements ofthe current edition ofthe National Electric Safety Code and any other applicable
regulatory standards or requirements.
9. The City shall be responsible for the costs of correcting pole attachment violations that are identified as
not being in accordance with applicable Code requirements. The Cooperative shall notify the City of
violations in writing. The City shall respond to the Cooperative in writing with a plan for corrective
action ar that corrective action has been completed within 30 days of notification. All violations shall be
corrected within 60 days of the date of notification unless good cause is shown for delay and both parties
agree to an alternate timeframe for completing corrective action.
10. If a code violation could reasonably be expected to endanger life or property, the City shall take the
necessary action to correct or isolate the problem immediately upon notification. If the City does not
take immediate corrective action,the Cooperative may take the necessary corrective action and the City
shall reimburse the Cooperative for the actual cost of any corrective measures.
11. Should the Cooperative, at any time, require the space occupied by City for its own needs, City shall
vacate the space within 90 days by removing all its attachments or shall agree to pay for the replacement
of the pole with a pole of sufficient height and strength to accommodate the new attachments being
made by the Cooperative.
12. The City shall be responsible for the costs resulting under the terms of this Agreement for the
replacement of poles needed to accommodate City's lines or equipment. Said cost shall include the cost
to transfer the Cooperative's equipment to the new pole(s).
13. When new poles are installed by the Cooperative, either for maintenance or improvement, City agrees to
transfer its facilities to the new poles within 30 days of receiving written notice by the Cooperative.
City shall be responsible for all costs associated with said transfer. Should City not transfer its
facilities, Cooperative may at its sole option, either transfer the City's facilities and bill City for said
�' Maquoketa Valley
����Electric Cooperative
QQ Yau�T mhsn n A ergy Co�ereme
labor ar transfer ownership of the remaining pole to the City, with City assuming all future obligations
for said pole(s). If the poles are transferred, a new Exhibit A will be prepared removing the City's
facilities from Cooperative poles. The City shall save harmless the Cooperative from all obligations,
liabilities, damages, costs, expenses or changes incurred thereafter. Should the City later decide to
transfer its facilities to the new poles, a new application will be required.
14. This Agreement is limited to the pole attachments described in Attachment A as may be modified from
time to time. City shall provide notice to Cooperative of any additional service drop attachments to
facilities to be included in Attachment A priar to connecting service drop attachments. A modified
Attachment A will then be created for the additional service drop attachments. City shall also provide
notice to Cooperative prior to overlashing existing communication lines that are covered under this
Agreement or otherwise adding any additional line, equipment or service drops. City acknowledges that
failure to notify Cooperative of new attachments is a default under this Agreement adequate to warrant
termination.
15. Each party hereto agrees to assume all risk of loss for all injuries to their own employees to the eatent
arising out of the operation of this contract and agrees to defend, indemnify, and save harmless the other
party from and against any and all liability, loss, costs, attorney's fees, or expenses arising out of said
injuries or damage.
16. Each party shall be liable for all injuries or damage to any property of third parties connected to their
equipment and agrees to defend, indemnify, and save harmless the other party from and against any and
all liability, loss, costs, attorney's fees, or expenses arising out of said injuries or damage.
17. City shall provide and maintain all necessary Public Liability and Property Damage insurance so as to
provide protection and indemnification against any and all claims or suits in connection with the work
which is the subject of this Agreement. By signing this agreement, City warrants that said insurance is
in place and shall continue far the term of this agreement.
18. In the event of a forced relocation of the poles, Cooperative shall relocate or cause to be relocated,the
joint use poles and Cooperative facilities. City shall transfer its facilities per section 13.
19. Each party hereto shall pay all taxes levied against it on its respective property.
20. Each Party hereto agrees to assume all risk of loss or damage to its respective facilities and property
resulting from the common use of joint poles provided hereunder, except to the eatent arising out of the
other party's gross negligence or willful misconduct.
21. Should cooperative decide to abandon the poles, they shall offer to sell the poles to City.
22. The Parties agree to cooperate and coordinate their respective work so as not to cause undue burden on
the other.
�' Maquoketa Valley
����Electric Cooperative
Qa Yam�T nchsn ne A ergy Co�eretive �`i
23. Each party shall obtain any necessary easements required far their facilities.
24. This agreement shall be effective on the date signed by the Cooperative and shall continue for five years,
ea�tending month to month thereafter unless terminated by either party providing 90 days written notice
to the other party. Either party may terminate the Agreement in 30 days if the other party does not
comply with any of the terms of the Agreement.
25. This Agreement replaces any previous Agreement between the parties for facilities identified in the
attached Exhibit A as may be modified from time to time. Other Agreements may be incorporated into
this Agreement upon their termination.
26. This Agreement shall be governed by, and construed in accordance with, the laws of Iowa.
27. The Parties agree that they have had a chance to review the Agreement with legal counsel and discuss its
terms. No drafter's presumption shall apply in interpretation of this Agreement or for the resolution of
any dispute.
28. Notices per this Agreement shall be sent to:
For Cooperative: For City:
James Lauzon
CEO/ Executive Vice President
109 N Huber Street
Anamosa, IA 52205
�' Maquoketa Valley
����Electric Cooperative
QQ Yau�T mhsn n A ergy Co�ereme
IN WITNESS WHEREOF, the parties hereto have signed their names the day and date first above
written.
Name:
James Lauzon
City: Maquoketa Valley Electric Cooperative
Title: CEO/Executive Vice President
�' Maquoketa Valley
����Electric Cooperative
QQ Yau�T mhsn n A ergy Co�ereme
Exhibit A
Insert Map
Project Description
EXHIBIT 2
INSURANCE
INSURANCE SCHEDULE G
1. Company shall furnish a signed certificate of insurance to the City of Dubuque, lowa indicating its
coverages prior to the contract commencement. Each certificate shall be prepared on the most current
ACORD form approved by the lowa Insurance Division or an equivalent.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa
and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The vendor shall be required to carry its current coverage/limits, or greater if required by law or other legal
agreement. Failure to provide the required coverage shall not be deemed a waiver of such requirements
by the City of Dubuque.
5. Failure to obtain or maintain the required insurance listed in the attached Certificates of Insurance shall
be considered a material breach of this agreement.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an
equivalent form is approved by the Finance Director. The vendor must identify or list in writing all
deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be
this agreemenYs required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub-subcontractors.
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $1,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 0002, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include an endorsement that deletes any fellow employee exclusion.
6) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Other endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22
_yes _form attached
INSURANCE SCHEDULE G (continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: _yes X no
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include premises and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) as stated in A(6) above.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _yes X no
Provide evidence of coverage for 5 years after completion of project.
E) CYBER LIABILITY $1,000,000
Coverage required: _yes X no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $5,000,000
X yes _no
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
� � ' � 1 1
THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT
AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT
CONSTITUTE A CONTRACT BETWEEN THE ISSUWG INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certiFlcate holder is an ADDITIONAL INSUREq the policy(ies)must be entlorsed.If SUBROGATION IS WANED,subjed to ihe terms and conditions of the
policy,certain policies may require an endorsement A statement on this certifcate does not confer rights to ihe certifcate holder in lieu of such endorsement(s).
THisisroceRnFvrrwT: MaquoketaValleyREC "�/%
109N. HuberStreet `i FEDERATEDRURALELECTRIG
Anamosa, IA52205-0370 ��INSURANCE excHnN�e
NAIG 11118
P.O.Box 15147.Lenexa.KS 66285-5147
(993)541-0150 fax(913)541-9�04
wv✓w.fed eratedmra I.com
I5,AT THE ISSUE DATE OF THIS CERTIFICATE, INSURED BY THE COMPANY UNDER THE POLICVQES)LISTED BELOW. NOTWITriSTANDING ANY REQUIREMENT,
TERM OR WNOITION OF ANY WNTRACT OR OTHER �OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POLIqES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLIqES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY DATES LIMITS($)
GENERALLIABILITY encHoccuRReNce gz,aoqaoa
COMMERCIAL GENERAL LIABILITV DAMAGE TO RENTED PREMISES $2,OOQ000
OCCURRENCEBASIS MED EXP PER PERSON $'I,000
COMPREHENSNEFORM 9/1/2018 PERSONAL&ADVINJURV $2,OOQ000
PREMISESIOPERATIONs 14ARB036-18 to
UND/EXPLOSION&COLLAPSE 9/1/2020
PROOUCTS/COMPOPS
CONTRAGTUAL
BROAO-FORM PROPERTV OAMAGE
NO GENERALAGGREGATE
AUTOMOBILE 9/1/2018 COMBINEDSINGLEUMIT
ANV AUTO (EAGH ACCIDENT)
HIRED&NON-0WNED AUTO 14 ARB 038-18 [o S2,00qoo0
GARAGELIABILITV(ANYAUTO) 9/1/2020 COMPDEDUCTIBLE $600
COLLISION DEDUCTIBLE $500
UMBRELLA LIABILITY 9/1/20�8 encH occuRReNce giqaoqaoa
OCCURRENCE-BASIS 14UMB036-18 fo PRODUCTS-COMP/OPAGG $iQ00Q000
$10,000 SELF-INSD RETENTION 9/1/2020
10/1/2018 wC uMITs SiATUTORV
WORKERS COMPENSATION AND 14 WC 036-18 to E.L.EACH ACCIDENT 5500,000
EMPLOYERS LIABILIN e.�.oisense EncH eMP�ovee S5o0,o00
10I1I2019 e.�.oisease -PoucvuMiT Ssoo,aoo
9I1I2018 PROPERTY LIMIT $31,972,920
ALL-RISK BLANKET PROPERTY 14 ARB 036-18 [o
9/1/2020 PROPERTV DEDUCTIBLE $500
DESCRIPTION OF OPERATIONS/LOCATIONS/VEXICLES/EQUIPMENT/EXCLUSIONS AUDED BY ENDORSEMENT/SPECIAL PROVISIONS
See attached miscellaneous endorsement.
CERTIFICATE XOLDER: CANCELLATION:
CITYOF DUBUQUE, IOWA SHOULDANVOFTHEABOVEDESCRIBEDPOLICIES
BE CANCELLED BEFORE THE EXPIRATION DATE
50 W. 13TH ST THEREOF,NOTICE WILL BE DELIVERE�IN
DUBUQUE, IA, IA52201 ACCORDANCEWITHTHEPOLICYPROVISIONS.
AUTXORIZED REPRESENTNTIVE:
�,�,-�_ �ti.�
FREIE Cert u.8/10
`\�►/, This endorsement changes the policy.
`/J, FEDERATED auan� E�Ecra�c Pleasereaditcarefu/ly.
�-�INSURANCEEXCHANGE
Miscellaneous Endorsement
Effective 10/26/2018 12:01 a.m. standard time, this endorsement forms a part of
Policy No. 14 ARB 036-18 issued by Federated Rural Electric Insurance Exchange to
Maquoketa Valley REC
In consideration of the premium charged, Federated and the Insured agree, subject to all
provisions of the policy except as modified herein, as follows:
City of Dubuque, lowa is added as additional insured only with respect to liability caused, in
whole or in part, 6y operations performed by, or on behalf of, the policyholder_ Liability
caused by the sole negligence, intentional act or omission of the additional insured is not
covered.
Federated will provide 30 days notice to the additional insured of policy cancellation or
material coverage changes to the mailing address, email address or facsimile phone
number shown on the latest certificate of insurance issued to the additional insured.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, lowa as an Additional
Insured does not waive any of the defenses of governmental immunity available to the City
of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be
amended from time to time.
2.Claims Coverage. The insurer further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of lowa
Section 670.4 as it now exists and as it may be amended from time to time. Those claims
not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of
this insurance policy.
3.Assertion of Government Immunity. The City of Dubuque, lowa shall be responsible for
asserting any defense of governmental immunity, and may do so at any time and shall do
so upon the timely written request of the insurer.
4.Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the
insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa
under this policy for reasons of governmental immunity unless and until a court of
competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Dubuque, lowa.
MISC END (8-2) Page 1 of 2
No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
MISC END (8-2) Page 2 of 2
ACCEPTANCE
Maquoketa Valley Electric Cooperative hereby accepts the electric franchise
granted to it in the foregoing Ordinance. This Acceptance is intended to be in accordance
and in compliance with law and the terms and provisions of the forgoing Ordinance.
Dated this day of , 2018.
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
By:
Title:
01534305-1\10422-196
Masterpiece on the Mississippi
BARRY A. LINDAHL,
SENIOR COUNSEL
To:
DATE:
RE:
Kevin:
/46
Kevin Firns ahl
City Clerk
November 27, 2018
Dubuque
t ,nx,LQvc IFfle
haul.►
2007.2012
2013.2017
Maquoketa Valley Electric Cooperative Franchise Agreement — Original
Signed Acceptance
Attached for your file is a November 15, 2018 letter from MVEC CEO/Executive Vice
President James Lauzon and the original executed Acceptance dated November 13,
2018, of City of Dubuque Ordinance No. 42-18, the MVEC Franchise Agreement
approved by the City Council on November 5, 2018. The letter and original Acceptance
were forwarded to me by Attorney Jim Wainwright.
I will retain a copy of these documents in our file.
Thank you.
BAL:tls
Attachment
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Vaiey\Firnstahl Original 11131 8SignedAcceptanceOfMVECFranchiseAgreement-OrdinanceN1o42-1 8_1 1271 8.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
AHLERS COONEY
ATTORNEYS
November 20, 2018
Barry A. Lindahl, Esq.
Senior Counsel
City of Dubuque, Iowa
300 Main Street
Suite 330
Dubuque, IA
RE: Maquoketa Valley Electric Cooperative
Dear Barry:
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
James R. Wainwright
515.246.0319
jwainwright@ahlerslaw.com
Enclosed is the original acceptance of Ordinance No. 42-18 that has been signed by
Maquoketa Valley Electric Cooperative.
Sincerely,
AHLERS & COONEY, P.C.
By
JRW:as
Enclosure
01540486-1 \10422-196
Ines R. Wainwright
WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990
#000••ar Maquoketa Val _ey
Maquoketa
Electric Cooperative
November 15, 2018
Mr. James R. Wainwright
Ahlers Cooney, P.C.
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Dear Jim:
Your Touchstone Energy' Cooperative
Enclosed is the signed acceptance of City of Dubuque Ordinance No. 42-18. Thank you
for your assistance in getting this completed.
Sincerely,
James Lauzon
CEO / Executive Vice President
link
•
•
109 North Huber Street • Anamosa, IA 52205 • 319-462-3542 • www.mvec.coop
ACCEPTANCE
Maquoketa Valley Electric Cooperative hereby accepts the electric franchise
granted to it in the foregoing Ordinance. This Acceptance is intended to be in accordance
and in compliance with law and the terms and provisions of the forgoing Ordinance.
Dated this / 3 Th day of daver•-sier- , 2018.
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
By: James Lauzon CEo
Title:
01534305-1 \10422-196
olk_
e,e € c. (cis VE t%c2 7s3,deijf
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 19, 2018, and for which the charge is $21.89.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this j day of , 20 /$ .
r
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE,
IMPOSING .A .FRAN
CHISE ':FEE OF FIVE,
PERCENT (5%) "OI1
THE GROSS,;REVENUES
GENERATED "•:FROM,'
THE DISTRIBUTION
AND SALE _OF ELEC-
TRICITY WITHIN THE
CITY OF DUBUQUE BY
MAQUOKETA VALLEY
ELECTRIC COOPERA-
TIVE
NOTICE is hereby giv-
en that the Dubuque
City Council will con-
duct a public hearing
at, a, meeting -toionom=
mence, at 6:00 p.m. on
Monday, November 5,
2018, in the Historic
Federal Building, sec-
ond -floor, 350 W. 6th
Street, Dubuque. The
purpose of the hearing
is to allow public com-
ment on the question
of the adoption of an
Ordinance imposing a
franchise fee of five
percent (5%) on
Maquoketa Valley Elec-
tric Cooperative
Copies, of supporting
documents for the pub-
lic hearings are on file
Notary Public in and for Dubuque County, Iowa.
in the City Clerk's Of-
fice, City Hall, 50 W.
13th St., Dubuque,
Iowa, and may be
viewedduring normal
working hours.
Written comments re-
garding the above pub-
lic hearings may be,
submitted, to the City
Clerks Office, 50 W.
13th St., on or before
said time of public
hearing. At said time
and place of public
hearings all interested
citizens and parties
will be given an oppor-
tunity to be heard for
or against said. propos-
al.
Any visually- or hear-
ing-impaired persons
needingspecial assis-
tance or persons with
special 'accessibility'.
needs should contact'
the City Clerk's Office
at (563) 589-4100 or
TDD (563) 690-6678 at
least 48 hours prior to
the meeting.
Kevin S. Firnstahl,
CMC, City Clerk
lt 10/19
ai x� iv X0,`3 S 6 I i"$Me YER
C i71rnlion Not ber 1546811
fof Fy i2sion `t rein 1, 201
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 19, 2018, and for which the charge is $24.62.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this J04,0 day of c,e,,„4, , 20 /S' .
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Timiseion Number154885i
ximission Exp. Feb.1 2020
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
GRANTING TO
MAQUOKETA'VALLEY
ELECTRIC COOPERA-
TIVE, ITS SUCCES-
SORS 'AND 'ASSIGNS,
THE RIGHT AND NON-
EXCLUSIVE FRAN-
CHISE TO ACQUIRE,
CONSTRUCT, ERECT,
MAINTAIN AND OP-
ERATE IN THE CITY
OF DUBUQUE, IOWA,
AN ELECTRIC SYS-
TEM AND TO -FUR-
NISH AND SELL ELEC-
TRIC ENERGY TO THE
CITY AND ITS INHABI-
TANTS FOR A PERIOD
OF 25 YEARS AND AU-
THORIZING THE CITY
TO COLLECT FRAN-
CHISE FEES
NOTICE is hereby giv-
en ,that the Dubuque
City Council will con-
duct a public hearing
at :a meeting to com-
mence at 6:00 p.m. on
Monday, November 5,
2018, in the Historic
Federal Building, sec
ond-floor, 350 W. 6th
Street, Dubuque. The
purpose of the hearing
is to allow public com-
ment on the question
of the adoption of an
Ordinance granting the
franchise' to Maquoke-
ta Valley
aquoketa:Valley Electric Coop-
erative
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice, City Hall, 50 W.
13th St., : Dubuque,
Iowa, and may be
viewed during normal
working hours.
Written comments re-
garding the "above pub-
lic hearings may be
submitted to the City
Clerk's Office, 50 W.
13th St., on or before
said time' of public 1
hearing. At said time
and place of public;.
hearings all interested
citizens and parties
will be given an oppor-
tunity to be heard 'fori
or against said propos-
al
Any visually- or hear-
ing-impaired persons
needing special assis-
tance or persons with
special accessibility
needs should r on act
the City CI ffice
,, at' (58 �a a or w
TDD (56 e n+7 `at
least 48 hours prior to
the.meeting
A''Kevin S. Firnstahl,
CMC, City Clerk
1t10/19
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
November 28, 2018,
and for which the charge is $260.38
S?i9
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this c99fa3 day of 92v- , 20 71K
eeNotary 'frolic in and for Dubuque ' unty, Iowa.
MARY ICWESTERMEYER
Commission Number 154845
MY Commission Exp 20
SOBS AND.:`ASSIGNS
THE, RIGHT, AND NON
EXCLUSIVE,•• FRAN•
-
CHISE TO - ACQt11RE,
CONSTRUCT,ERECT,
MAINTAIN AND OP-
ERATE. IN';;THE CITY
OF:DUBUQUE; IOWA;
AN ELECTRIC •'SYS-
TEM AND TO FUR-
NISH ' AND SELL
ELECTRIC ENERGY TO
THE CITTAND ITS IN-
HABITANTS`: AND •AU-
THORIZING'=THE CITY
TOTO2 COLLECT.:`FRAN-.
CHISE FEES FOR A.PE-
RIOD OF 25 YEARS.'
BE IT ENACTED by the
,City Council ofthe;City
of Dubuque,'lowa:
Section 1'Ordinance
No.' 20-04 (City Code
Sections 11-5B-1
through 11-5B-24 both
inclusive) and ' all
amendmeht8 and sup-
plements tljeretb' Shall
upon the effective date
of this Ordinance be re-
pealed and replaced'by
this Ordinance. ' Upon
the tieffective date of
this Ordinance, all prior
electric' franchises
granted ' to "the Ma-
quoketa Valley Electric
Cooperative to :furnish
electric service to the
City and its inhabitants
are hereby repealed
and ;all 'Other- 'ordi-
nances or, parts of ord,i-.
nances''.in ' conflict
hereWith'arealso here-
by repealed'.'
Section 2 is
hereby granted!:4to
Maquoketa Valley Elec-
tric Cooperative (here-
inafter' called "Com-
pony")and to its suc-
cessors and .assigns,
the ',right ',--And non-ex-
clusive franchise to, ac-
quire, construct recon-
struct replace erect,
maintain:,and operate
in the Cityof Dubuque,
Iowa (hereinafter ,call-
edthe "City") a system
for the distribution of
electric energy `' and
telecompiunications
services'. through,' : a
fiber to,thetheme 'fret-
work. ("other services")
' along, under over and
upon the, streets•, . av-
enues, right`s of way,-
alleys, public places or
public grounds (exclud-
ing parks) to serve cus-
torners within the City.
The City,'Couhcif `re
SerVes to itself `the
right to 'extend this
franchiseto specific ar-
eas,or corridors within
parks at the.. request; of
the . Company.., The
Company ;is . granted
the •right to.exercise of
powers of .eminent do-
main. This franchise
shall be effective for a
twenty-five ` (25) year
'period,from.and after
the effective date of
this Ordinance.
Section 3. The Com-
pany shall have the
right, to erect all neces-
sary poles'and'to place
thereon ch
and ' atta
thereto' the necessary
wires; guys; anchors,
nonpublic • develop-
ment, the ;company
shall: receive payment'
for the -cost of such re-
location•as a precondi-
tion to relocating its.
existing facilities +or
equipment.
In the event'the Com-
panyi is •required to
Move; remove or!modi-
fy •- the; : placement';;of
any :of its•'polesi` lines,.
wires,•oonduit;`conduc-
tors, fixtures acces-
sories; equipment or
appurtenances •, located
within",the.Citybecause
of. any rpubl is rimprove-
ment. or public. purpos-
es "of 'the:. City, =ithe
Company'shall;do seat
its own'expenses as di-
rectedby the City. In
planning for the -exten-
sion or' modification of
streets and roads, the
City shall; to the extent
practicable iri 'the dis-
cretion of: its City Man-
ager;- design :such
changes to". limit the
need, for the relocation
of Companyfacilities.
The ,Company ,shall
not be required'to relo-
cate`, at its'cost and ex
pense,;:company facil-
ities ih he public right
of Way that have been
relocated..at' company
expense at th'e direc-
len,of the City In the
previous three . (3)
years. •
The City shall consid-
er reasonable alterna-
tives -in designing its
public works, projects
so as not arbitrarily to
cause: the Company un-
reasonable, additional
expense: in exercising
its authoritywnder this
section The:City shall
also-provide.a:reason-
able;; :alternative, ; loca-
tion forthe Companys
facilities, as part: of its
reloeation regdest ; .
Section 5 In snaking
excavations ' In any
streets, avenues, alleys
and public;, places for
the installation, main-
.tenance or''repair of
;any conductor, conduit
;or other appurtenance
or the erection of poles.
and wires or, other ap-
plianees, the Company
shall:not unreasonably
;obstructthe use of the
streets,:avenues, alleys;
or public places, The
Company in making
any rsuch.; excavations
;shall, if required by or-
,diriande, "obtain a City
permit therefore, and
shale N5t`th1necessari ly
obstruct the use of
;streets, avenues, al
'leys, or public. Maces.
,,and shall •provide the
City ,'Manager"or'City
iManager's.designee or
such -;other person .as•
•the:City may designate,
with 24 hours' notice•
;prior •to the actual
'commencement of the
iwork`and' shall=corftply'
with all provisions and
;requirements of the,
City in its regu a ion ofi
+ho rico of riht r,nfit'nf'
paragraph shall not ap-
ply to the:iealignment,
reconstruction,' or 'va
cation ofstreets or al-
leys in ` a designated
urban renewal area;
provided, however, the
City shall.: identify,': re-
serve and: make•. avail
able . alternate ;.loca-
tions for,; iacilities to
serve' the ;designated
urban .renewal.raarea
consistent; , with the
technical - needs of the
Company. ,
• Section 7. The. Com-
pany;:agrees that,,un-
less there -are exten-
uating • :circumstances
because;; of:; damage,
supply shortage:or!oth-
er reason; beyojd the
Company's control, the
Company.. shall replace
any street light- which
is •burned out or other-
wise hotli functioning
within: ten,.days of re-
ceipt of written notice
specifying the street
light, in_need of re-
placement` or repair. If
because of extenuating
circumstances the
Company will, dot;`•be
able to replace• or- .,re-
pair a street light with
,in ten•'(10) :day's 'after,•
'notice, •the::Company
shall notify, the . City
within ten. (10) :days: of:
!the receipt.bf written;
';notice ffbm the "City'
(what .the' extenuating
,circumstances are,, -in
,chiding a, date ;when
;the streetlight Will`be
repaired or replaced.
The,' Conipany will
convertall street lights
in the City to Light
,Ernitting ..Diode • (LED) ,
:;lights asstreet;! lights.
fail or, ifi:the CorrjpafY
:determines to upgrade
street lights in con-
junction''' with.*=Other'
•other
'Company work.-:,
Parties , - agree. ;that
should .an irhproved
technology be devel
toped and;,commercially
reasonable during •this
franchise, thereafter,
the CoMpanyinay;:i at
optidn, substitute
different ,lighting tech
nologies that provide
an amount and quality'
of, light that is at least
equal to that provided
by the LED technology
Before installing' any:
such substitute tech-
nology, the Company
must obtain the City's
approval,• such
proval shall not be un
reasonable withheld.
The: Company shall
coordinate with the
City on the placement
of :street' lighting . and
• the collocation of city's
public 'safety equip
meand cameras on
rit
Company facilities,
provided + the -;'City •
agrees to compensate
the Company consis-
,tent .with the.,Compa-
nys established rates..
IThe Company"shall'
• charge.. the City_: for
electric usage of any of
video that respect -to
equipment which the
Company.placed,within
the ;right -of -way; -the
Company shall provide
mapping data with:the
specificity and in the
format required by the
Citylfor inclusion in the
mapping system used
by:'the • City, as; more
specifically provided in
the - City's utility ac-
commodation and
street restoration. spec-
ifications.' •The::Compa-
ny: and City recognize
the. Information may in
whole or part be con-
sidered a confidential
record under state or
federal law or both. -
Therefore, 'the City
shall not release any
information •, without
`prior consent :of the
Company and ishall re-
turn.the Information to
Company " upon re=
quest. The City recog--
nizes that "Company
,claims the Information
may; constitutes trade'
secret or -is.otherwise
protected•:from public
diisclosure'by"state or
federal law on other
grounds and agrees.to
protect the Information
to the extent:allowed
by;state or federal law.
Furthermore, ,the City
Agrees 'that n0 docu-
merits, maps'or infer-
mation.provided to. the
"City. by the Company
'shall be mad e'available
to the public`or other
entities if such docu-
merits or, , in formation
.are exempt from dis-
• closure'under the pro;
vislofls of the Freedom
of:lnformation Act, the
FederalL Energy Regula=
tery'`Cornmisslon Criti
cal Energy Infrastruc=
ture`requirements pur
suant to 18 CFR 388.112
and' 388.113,; or Chapter
22'of the Code' oflbwa,
as "such statutes and
regulations ;may be
amended`from time to
time. In the event any.
action at law,,in equity
or ` administrative-. is
brought, against the
City regarding disclo-
su,'re•'of LatlY, document
which the Company
has designated as a
trade searet`or as'oth-
erwise protected from
disclosure ,the City
shall promptly notify
the Company. The
Company .shall• , have
-the right to assume the
defense of said action
or' agree to''reimburse
the City any and all
costs, includihg attor-
ney fees and penalties,
to the 'extent' allowed
,by, law which may re -
suit from.`any'said ac-
tion.
Section 10. The
pany`is authorized and
empowered to prune or
remove at, Company
• expense, 'any 'tree -ex=
tending ihto any street,
avenue;right of way;
aliey, public. place or
nuhlic nr'rnmric to
uvaic aim uuiy wn .. -...":—.'''—'7'7;-, cunsisiem Ween rates. ' " . '., "..�
duits :or` conductors 'which requre immedi- established ` by the' utility ;service and to
and `relatedrequipment ate excavation .the Company, The Compo •prevent' limbs, branch=
and appurtenances for Compahy may proceetl ny will charge, the City es, or trunks from In-
the'dfstrebuteon of elec. ~with the work without the',"; same rates it ';, terfering With the wires
tris energy ,or :other , first applying for or ob charges•its other. cus- , and, facilities .of.: the
serwces in and through . taming a 'permit pro Comers Company,. The' pruning
the City provided the vided however that Section,8 The Com _sand removal ,of. trees'
same shall be placed in the'Cpmpany shall ap'- -p'anyShall maintain the shall be'completed in
Iaccord'iWjth this -Fran-. Ply for. and obtain :4.4';',:.,,-availabehty ofrelectr`iq accordance with na
chise and the CityCode excavation; permit service throughout the. = teonally accepted._safe-
and regulations. of the soon as possible afterentire •.City including ty and utility Starr
y q commencing such )`newly annexed areas, dards, currently' ANSI
I Cit 'of Dubu ue m-
cldding City of'bubu= emergencywork.but' "excluding areas 2133-2012; American
.!:Code ,of.'Ordi- '-Tne Company shall
• quedesignated by the Iowa;,; National.Standard.for
nances Title 11, Chap comply With all prove , Utilities Board to he•the ,..;Arboricultural Opera- ),ter 1, Nonfranchised siofjs apd requirements exclusive service tern . tions -Safety ''Require;'
'Communications Sys- of the,Cify;jn its regula tory of another electric' mints, and ANSI,A300
tems in .the' Right of- tion of the use of City ,.provider, by; extending (part 1) 2008 Pruning,.
Ways.',:_ regarding the right of .way m per; ,lines, or facilities: in a.; American National
placement, replace- forming ''any-excava- 'manner consistent "Standar`d - fdr Tree,
ment, repair •or- With wa law. ''Shrub and ',--Other
con- tions. The Company
struction of structure's, shall, comply,• with ,a1,1,,:CompanIoy shll' furnisThe"h '- Woody -Plant; Mainte-
:facilities, accessories electric energy;in suffi Hance Standard of
or other objects in the ing paving cuts place" cient quantities to sup,- , .Practices Pruning, and
right of way by utilities ment of. facilities 'arra ply the reasonablesubsequent revisions
' pave -
"and other users of the . restoration of demands of 'the City•-'to,.these standards: In
right of way, including ment and other public and the inhabitants ;: ahe event • any tree is
ordinances which •as- infrastructure. The thereof and including removed by the Com;
sign corridors or other Company shall replace industrial users in _ac- pang, or; is damaged to
'placements •to users of • the surface, restoring cordance with` fhe 'reg- ., the .extent that the city
the right of way and re- the condition as exist-ulations and conditions forester determines
quirements which may ed pnor to; the Compo of:service as; provided, the tree has lost its via -
be reasonably adopted ' ny s excavation but en its, tariff,.or estab belrty
;regarding separations shall not be
'or ' -functionality;
'required to lashed by .its' Board of ".because =the Company
'of structures, facilities, improve;or;'modify.the .Directors ; has removed".'or-trim;
accessories - or . other- ,,public right.otyvay un ;Section, 9.'-Upon,rea- ,mid a tree in violation
objects. less said, improvementif sonable request and of this paragraph, the
Section 4. The City is necessary tomeet ;a .available, the Company' Company shall pay the
;may require the Com- SUDAS (Statewide Ur -
pony for the purposes shall provide the City, City upon invoice:the ban Design and Specifi- on a project specific : ;sum of Three Hundred
of facilitating the; con- cations) standard, a basis, information indi- Fiftydollars`($350)_ per
struction,. reconstruc- requirement of -the -.bating:.the ,.horizontal., tree, which amount
tion, maintenance or Americans with— Dis- location, relative to shall'be adjusted'amid-
repair of the-street;-aG- :abilities, Act, or- any boundaries of the' right "''ally commencing;.: on
other standard man- the firstanniversary of
enue, right of way or of way, of all equip -
alley, public places or .dated bystate or-feder- mint which it owns or the adoption of this
grounds in accord with al law provided how- over which it has con: franchise, and each an-
ithe ordinances of -the ever,, of •any improve 'trot) that. is located,.in niversary thereafter by
City at the Company's .mint is,,requested or city: right of way m ,'the change in percent
•cost and expense in ac- re'quired 'for, ae`sthetic,, , clu"ding- ' documents, .;age in the United
cordance with Iowa .-m
cosetic or similar maps and other infor- States Bureau of Labor
law, including Compa- purposes not mandat- mation in paper or Statistics Consumer
ny's Tariff on file with ed by state or `federal :,electronic . or other Price Index ("CPI") as
the Iowa Utilities Board law the City shall ream- forms ("Information;'). of the applicable ajj-
as may subsequently:'. burse,the Company the Upon: reasonable ;"'"r0- niversary-ot this fran-
pe amended; to,: eon.*incremental cost . of `guest and if available, chase compared to the''
, struct, :replace,. repair, such improvements. .the Com ,anya all also ,_CPI as of the same,date
locate' and relocate its The 'Company shall 'provide- lie'city infer- "of the previous year.
existing facilities or ., complete ,all repairs. in , mation Ai -minding -map, map The Company shall
equipment in, on, over a timely -and � prombt 'have no other' liabilit-
ping' data indicating'y
or under any public manner. Company the horizontal and ver :. tothe ,City.
"street, avenue,' right of , agrees 'any replace- 'tical locations, relative Section 11. The'Com-
Way, alley, public ment of road surface to the boundaries of pany -shall indemnify,
places or grounds in shall copform to ; cur- - the right-of-way, Of,all - save and hold harmless
the City in such a man- rent City ordinances equipment which the `the" City' froth' any: and
Her as, the City i may regarding its depth and Company owns `or over all claims, suits„losses,
reasonably require,iex composition, which it has control, -damages, costs or ex
ceptthe Company'shall. Section- 6 The City); ,and which is Igcated in ..penses,-, including not be required to con when vacating a streett any right-of-way. The at-
torneys'.'fees, on ac -
structs `replace, repair, avenue, ,alley public ',Can -pally may;. satisfy 3 count of,injuryordam
locate and relocate ex ground or public right this "requirement by age to "any person or
I •isting facilities where, of -Ways shall not de .providing 'copies' % of : property,to the extent
Company facilities are grave the Company of maps showing equip- caused 'or occasioned
located inprivate ease its right to operate and in whole or part by the
ment, locations which
mints (whether' titled maintainexisting fadili < were developed and. Company's negligence
In the Company or oth ties and their replace kept by the Company..,
in construction recon
er entities) unless said ' meets - on, .,below, in' the Ordinary' Course- ^struction, excavation,
private easement is above, or beneath the 1•:)f., -
hat
provided -.°;operation .or majnfe`
upon land owned by' vacated property:+Prior that if such'inmaps` do'' Hance -of -'the electric
the City. • to the City abandoning not show the location facilities authorized by
If the City orders or or vacating any street, of ,'all .such existing this franchise; provid-
requests the company' , avenue alley , right of equipment, the'Compa- ed ,however, that the
,to relocate its existing Way, or other public ny will, upon reason- Company shall not be
facilities or equipment , .ground where the Com .,able request; assist the ,'obligated to defend, in-
-for any reason other pany haselectric facile City: in field' locating denify and ',save-
than as specified ties, the Lity ','shall.' equipment not shown - harmless the City for
above, or as the result grant the Company, a on such maps and pro- any costs or damages
of the initial request of utility easement: ;for, vide” snapping data for to the extent arising in
,a commercial or other saidfacilities. This such equipment pro-„ whole or part from the
OFFICAL
. PUBLICATION
ORDINANCE
NO.42-18
• AN ORDINANCE' RE-
PEALING ORDINANCE
NO. '20-04 AND
GRANTING 'TO 'MA-
QUOKETA VALLEY
ELECTRIC , COOPERA-•
TIVE,, ITS • SUCCES-
9S,9 bssZLN8l 8T'
iuenlf(suuad Z0�> 0§01100{, 9;P
AI101.0.1".:0oRa?:gt
a
paiapow'aa 4IMeN �saM amb ui;d> u pi
L.IE l:Jt3atiiE11111kGd .�.. v..c... ,,... ,•itis f+wa
69,9$Pa0041saa111,;;
21817 aospui,K 0
,pagsiui ip a edy;'
Legals
,tion, For•'that"wind or ` chise ordin.'ance con=
other::iconditions,'(may -tained'no iIlegalor void
g ,x.,R 2 place -undue stress on - provisions-"`
negligence of the City speafic Company facil Section.22. This•Ordi-
itrageicers„emplo• yees ;i ties,: the City shall not nance and1Cthe rights
oAtaU it 'be authorized to attach `-and privileges, herein
At all times during the to 'those facilities un- ' granted'3shall become
ter'm of mpanranchi all - less they pay for=all re effective and binding
the;: Compariy shall, quired`L•-upgrades. If upon its appreivahand
maintain- insurance attachments: -are in passage in accordance
coverages as. set forth -place,"upon notification `with lowa';law and •the
'..1M, the Certificates: of ?by''-'.- the. -Company of - ..written •ac'ceptance "by.
',..,Insurance,„;,'..-attached(damage: or potential theCompany. The City
hereto as _xhibif .2)damage, the City shall 'shall provide•Company
and Company shall is promptly`remove said `-with an original signed
sur' certificates of• In -
attachments, The Com-"r'and-sealed copy"of,this
• surance annually upon; ,,Pany':wilMcontact.theOrdinance' within . 10
request ghe';Company' City.=.Manager in- the 'days •of ;its- final• pas
shall require: its-bcon event of an emergency: sage. Ther Company
tractors and' s`ubcon ..Section..15.:If the shall,:within thirty (30)
tractors to maintain,: Company, establishes days after the City
insurance and makes available to Council' iappr0val Sof
Seetfee pre eptly i n its customers•; energy :this Ordinance file -in
chase fee presently im efficiency ,.materials . "the office °of:the:clerk
posed by the,;City.upon ',and rebate. forms, the of the'"City, its accep
ttie Company under Or-
'
r- .Company -.will s provide fiance in writing of; all
13-15 e' No ,20 04 -and them- to! - .the -City" for - >the terms: sand "provi-
13-15 (City ;Code rSec display -m the building sionsof this Ordinance.
tions 1156iO through' ermitdepartmentand �lollowing"°:City: Council
11'.56.24; .both °inclu- P
sive)shall;continue un- other City• departments "approval;': this 6rdi-.
der this franchise ,T.he as requested ' by the =nance shall be pub
City is -authorized'to City- The Company will ihshed'• in+; accordance
i• mpose by; ordinance a Participate inneighbor- with the.Code of Iowa.
hood ;;and Fcommunity `In the%event`Company
franchise fee up to: the ..events; when .possible, does,not file its -written
amount allowed % he • and 'peon a +request acceptance of this Or
Iowa law -upon -the .from,fhe City-, or neigh--`"dmancefwithin-30 days
ed fr r sale of erat- boyhood organization,'....rafter; its " approval':'by
ed: from sales of el n to:encourage,City resi the City'; Council::this
Withi by the Company 4, dents: to utilize :the "Ordinance shall be void <
within theecorporate Companys'energy effi-='andofno�effect .L
limits of the City Ttie 7'ciency programs PASSED AND -AP-
Company ,,and i City Section `16i' If -the ;PROVED =this 5th _day of
agree,• that; the City Company prepares an November 2018
Council may inits.dis annual written reportCITY OF DUBUQUE, -
cretion increase, the summariZing the ad -IOWA
franchise fee by rthe re ate electric'=use in /s/By Roy D::Buol,
nance, without,, further .1- its service territory 10 : Mayor
consent from the Com cited within the City :-'ATTEST: /s/Kevin;S.
-y pang provided no in - by; sector or -type of Firnstahl City Clerk
maximshafranceedahe customer antlthe per- Published officially in
maximum franchise fee centage of energy used the, .Telegraph. Herald
allowed ce Iowa law within the City derived newspaper on the:28th
-Uon notice the Com r froi'n: renewable " re -day ofNovember 2018.
..:•-•,4-0y„,,,shahe begin- col sources; the Company /s/Kevin S. Firnstahl,
• letting the franchise shall,provide a'copy to City Clerk
fee r The Chyy increased the'i'City Manager each 1t 11/9 ' . •
fee T o the. Comp,ano year: ACCEPTANCE!
wide to• the Company Sectionr-17: If the Maquoketa Valley
ey -certified mail Company -makes coin- Electric--:. Cooperative
copies of r;annexation mupity : cootnbutions hereby acceptsi'sthe
propertyeaddreallriew , benefitting the people electric: franchise
whch ty.paddresses ;ee ofxthe City the Compa-• granted(: to. it : in .the
which the franchise fee ny>shall makean annu- foregoing Ordinance.
wi 9 a ; applied• ,The
al written report to the > This Aceeptance::is -in-
Compania_,shall tom Ci ''Manager summa- rtendedto be in actor
mencescfeein g ,the ty
ruing said sontnbu•dance .;and in coin
franchiareas si the,an :tions The written re-:' pliance, ;with law.; and
-hexed areas sixty.(-, ' Port- •shall 'include :the • the:• terms and. provi-.
.days thereafter name'of each`entltq to .ions of,the forgoing
The Company shall �,.which-•such7=contribu Ordinance 4~'�
not under any circum, tions have been made, Datetlthis 13th:dayof
returnsor requiretl;to ..the':amoutit?'of•'such' November2018 --
return or; refund any contribution 4tand-` 'a MAQU,OKETA VALLEY
franchisee fees that comparison : •showing: ELECTRIC
have been collected contributions "for that- COOPERATIVE'
from custornersand._re- .years By /s/James Lauzon
muted to„the City: In :Seamon 38 In-the:;..:::,:3,,,,;,Titl.e,,.,.::,,,,,..CEO/Executve'.
the eventthe Company event that the Com
paVice President.
is required to provide ; ny;should have real es- l'','••:-._
11/28
:data or.information in.tate or any interestart
defense.•,of the ,,city s .real; estate -'within. the;
im s.0r; on of franchise City or within two' (2)''
fees orale Company is mites of theGthen` cur
required to assist the rent boundaries ofatle '
. City •in identrfying cus City, •which `it intends
o y fra.or calculating to ; sell, transfer or
any franchise fee;; re ,Which it otherwise in
funds for;groups,of•,or 'tends to .divest the
individual; .;customers . Company it'shall pro
the City,: shall ream- vide notice to the City,
burse thenses inc y for of'the°terms and condi-
the expenses meurred tions upon:�which;the
by the Company to;pro Company intends M1`to
wee such; data or' infor sella transfer or divest
ma•gn,7 . ,f �:
Seam k3o7The City 5eaion 19. The'City
shall use• ebest of, reserves to itself_'. all
i forts, in, the extension •home rule'^ authdrity
or modification of under the Constittion,'
streets^' and °roads, ofiowa ''.' • ..
--
make'provision for the Section 20 Either
placement of Company City or Company ('Ram
ties eu ane ity ficin ,,ty,'1) mayterminatethis
ties on City owned - •franchise"if' the oth. er
` right of way without partyshall'•bematerral-`
charge 'to- yCon piny {yin breach of its provi
The Company must utr sions Upon the' occur-
thefarea-=proylded . rence of':a material
for
for placement of its breach the non -
ties ae.;dire .and fath - breachin.g party -shalI
ties as d rected:by the provide• the. breaching
City or;: other .reason- . patty with''notification'
able location provided by certified, mail speci
bypthe Company Note fying F f thealleged
ing tinths franth�sa breach The'breach�rig
stig,IPe,construed as a pa; h shall •have, 60 j
tiara4;teet4tAtiirre
existing r,l'e``
unless it 414
e n'pn breaching ;,i
and the pa"rti`es;„
shall holtl�tle Cml
harmless fromraoriy
all causes' ofactton,.li
idation or damages,
arising; through the•
placing of any City fa- breached this franchise
cilities upon the- Com- if the alleged breach is
piny'. distribution the result; of the ac
poles placed within the :;ions offathird party ori
City right of way Be the otherparty,
fore attaching any fa Section 21 If any of
cilities; the City shall the provisions of this
complete therP.ole At franchise¢7, ordinance,.
tachment Agreement; are for any reason`'de is
attached hereto;,as glared to be dlegald or
hibt 1° and receive ;void the,;lawful, prow :u
written, permission for Rsions of this franchise;
each attachment If at ordinance^ "which,. are
he soleydiscretion ,of severablefrom`said'un :,
the 'Company; litis-de` ''lawful provisions 'shall ';
termined that;tsaid at „I r
.,tachments' may- create �' .
;a clearance violation .or
' other • hazardous stun. _ :!
e„cure
shel non, breachmglpar
EynmayTtermmate ths.;;
Franchise -;A rty
pashall�'
not belconsidered
in breachofthis frau
chase if at'l'as operated0
1n
!Copp,l ance v }with
state or=federal a—Ik ; 3t
party shall not be con-
sidered .to, have