Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise Agreement_HearingCity of Dubuque
City Council Meeting
Public Hearings # 08.
Copyrighted
November 20, 2023
ITEM TITLE: Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise
Agreement
SUMMARY: Proof of publication on notice of public hearing to consider City Council
adopt an Ordinance granting a twenty-five year franchise to SOO Green
HVDC Link ProjectCo, LLC (SOO Green or Project) for a transmission
system for the transmission of electric energy and communication
facilities in the City of Dubuque, and Senior Counsel recommending
approval.
ORDINANCE Granting to Soo Green HVDC Link Projectco, LLC, its
successors and assigns, the right and franchise pursuant to Iowa Code
Section 364. 2(4) to construct, reconstruct, relocate, repair, replace,
maintain and operate in the City of Dubuque, Dubuque County, Iowa, a
transmission system for the transmission of electric energy and
communication facilities and the right to construct, reconstruct, relocate,
repair, replace, maintain, operate, the necessary conduits and other
appliances or equipment for the transmission of electric current and
communication facilities under certain streets, avenues, alleys and public
places and in a certain railroad right of way in the City of Dubuque,
Dubuque County, Iowa within the city as the boundaries are now and may
hereafter exist, for the period of twenty- five ( 25) years (" franchise" or "
ordinance").
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Memo Staff Memo
Franchise Agreement Supporting Documentation
November 6, 2023 Memo Supporting Documentation
Proof of Publication Supporting Documentation
THE C
DUj!BaFE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Mayor and City Council Members
DATE: November 20, 2023
Dubuque
All•Merica Cif
M1.tiift'�Al.i A'A'.If-,v. AA-
2007-2012.2013
2017*2019
RE: Public Hearing: SOO Green HVDC Link ProjectCo, LLC Franchise
Agreement
Attached is an Ordinance granting a twenty-five year franchise to SOO Green HVDC
Link ProjectCo, LLC (SOO Green or Project) for a transmission system for the
transmission of electric energy and communication facilities in the City of Dubuque.
Raj V. Rajan Ph.D., PE, and Lisa Agrimonti, Esq. will make a presentation on behalf of
SOO Green HVDC Link ProjectCo, LLC at the public hearing on November 20, 2023.
Following the public hearing, I recommend that the City Council adopt the Ordinance.
BAL:JLM
Attachments
cc: Michael C. Van Milligen, City Manager
Crenna Brumwell, City Attorney
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
ORDINANCE NO. 50-23
ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM)
ORDINANCE GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE PURSUANT TO IOWA
CODE SECTION 364.2(4) TO CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR,
REPLACE, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, A TRANSMISSION SYSTEM FOR THE TRANSMISSION OF
ELECTRIC ENERGY AND COMMUNICATION FACILITIES AND THE RIGHT TO
CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR, REPLACE, MAINTAIN,
OPERATE, THE NECESSARY CONDUITS AND OTHER APPLIANCES OR
EQUIPMENT FOR THE TRANSMISSION OF ELECTRIC CURRENT AND
COMMUNICATION FACILITIES UNDER CERTAIN STREETS, AVENUES, ALLEYS
AND PUBLIC PLACES AND IN A CERTAIN RAILROAD RIGHT OF WAY IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA WITHIN THE CITY AS THE
BOUNDARIES ARE NOW AND MAY HEREAFTER EXIST, FOR THE PERIOD OF
TWENTY-FIVE (25) YEARS ("Franchise" or "Ordinance").
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Section 1. Introduction. There is hereby granted to SOO GREEN HVDC LINK
PROJECTCO, LLC, hereinafter referred to as "SOO Green" or the "Company," its
successors and assigns, the right and franchise to construct, reconstruct, repair, replace,
maintain and operate in the City of Dubuque, Dubuque County, Iowa, the necessary
conduits, and other appliances or equipment for the transmission of electric current and
communication facilities (collectively, the "Facilities")' and the right to construct,
reconstruct, relocate, repair, replace, maintain and operate the Facilities under the
streets, avenues, alleys and public places and in certain railroad right of way in the City
of Dubuque, Dubuque County, Iowa, in the preliminary route as shown on Exhibit A (the
"Route"), the final route to be subject to the written approval of the City Manager before
any mobilization, staging, or construction of the Facilities within the City limits. This
Franchise shall be effective for a twenty-five (25) year period from and after the effective
date defined in Paragraph 20 herein ("Effective Date"). SOO Green is also granted the
right of eminent domain as provided in Iowa Code Section 364.2(4) as reasonably
necessary to carry out the purposes of this Franchise.
Section 2. Public Meeting.
2.1 As a condition precedent to the public hearing required by Iowa law and the
adoption of this Ordinance, the Company held a public informational meeting on July 10,
2021. The meeting was held in person at the Hotel Julien in Dubuque.
1 The communications facilities authorized in this paragraph are limited to communications for the Facilities,
City and/or railroad use, and are therefore not subject to the City Nonfranchised Communications
Ordinance, Title 11, Ch. 1.
022621LA
2.2 Notice of the time and place of the meeting was published in the Telegraph Herald
at least seven (7) days and not more than twenty (20) days prior to the date of the meeting.
A reasonable effort was made to notify by mail those property owners whose property is
within two hundred feet (200') of the proposed Route, prior to the meeting. The notice was
mailed not less than seven (7) days and not more than twenty (20) days prior to the
meeting.
The notices contained the following:
1. The name of the applicant.
2. The applicant's principal place of business.
3. A general description and purpose of the proposed project.
4. The general nature of the franchise desired.
5. A map showing the route of the proposed project.
5. A description of all equipment to be constructed or installed.
7. The place and time of the meeting.
8. The Company contact person and contact information for a
Company representative who will be available Monday through
Friday during the Company's business hours to respond to citizen
inquiries about the project.
Section 3. Management Fee.
3.1 The Company shall pay the City upon receipt of annual statements a management
fee for the City's management costs which are the reasonable, direct, and fully
documented costs the City actually incurs to manage the Company's use of the public
rights -of -way as provided by Iowa Code Section 480A.2(2). In lieu of an annual statement
and at the City's option, the City and the Company may agree to use an estimated fee.
3.2 The Company shall install, at its cost, fiber conduit and associated vaults described
in Exhibit B, to be owned, operated and managed exclusively by the City, along the
Canadian Pacific Kansas City (CPKC) right-of-way segments of the project corridor within
municipal limits. The Company shall be responsible for any fiber related fees charged by
CPKC. Upon reasonable notice to the Company, the City shall have access to the conduit
and vaults to repair, replace, maintain and operate the conduit and vaults. The Company
shall notify the City of any construction, reconstruction, relocation, repair, replacement, or
maintenance of the Facilities that would affect the City's conduit to permit the City to take
such action as it deems necessary to protect its conduit. The City's exercise of its right
to repair/replace co -located fiber may not interfere with rail operations or with operations
of the SOO Green Facilities.
3.3 Payments to City. All invoice payments required by this Ordinance shall be made
payable to "The City of Dubuque, Iowa" and delivered to the City of Dubuque Finance
Department, City Hall. Any payments due not paid in full by the due date shall be subject
to the lesser of the maximum interest provided by law or 1 % per month.
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Section 4. Utilities.
4.1 Water Utilities. Prior to the commencement of any construction, the Company shall
work with the City Engineer and the Water Department to maintain adequate separation
from existing facilities to avoid interference and to minimize the risk of relocation of the
Facilities. The Company will seek to maintain a vertical depth of not less than six (6) feet
separation and a horizontal separation of not less than ten (1 Q) feet from any City water
main. These distances can be reduced only if approved by the City Engineer. When
crossing or running parallel to a City water main, the water main shall be potholed by the
Company for field verification before installation of the Company conduit. Areas of
concern include but are not limited to those shown on Exhibit C.
4.2 Other Utilities. Prior to the commencement of any construction, the Company shall
coordinate on all construction of the Facilities to the satisfaction of the City Engineer to
minimize the impact on all other public and City utilities.
4.3 Damage to City Utilities. The Company shall reimburse the City for all costs and
damage to City utilities caused by SO❑ Green's construction, reconstruction, relocation,
repair, replacement, operation or maintenance of the Facilities promptly upon receipt of
a statement of such costs and damages from the City. The Company shall not be
responsible for any costs and damage to the City caused by the City's negligence or willful
misconduct.
Section 5. Indemnification.
5.1 The Company shall indemnify, defend and hold City, its officers and employees,
harmless from and against any and all claims, demands, losses, damages, cost and
expenses (including, but not limited to, court costs, fines, penalties and reasonable
attorneys' fees, but excluding consequential or indirect damages), judgments, liabilities
and causes of action of any nature whatsoever resulting from or relating to its negligent
acts or omissions in the use or occupancy of the streets, avenues, alleys and public
places in the City, a material breach of this Franchise, or arising in any manner out of the
negligent acts or omissions of its agents, employees, or contractors in connection with
same, or with respect to the violation of any laws, including without limitation, any
environmental laws. The Company shall indemnify and defend the City for, from and
against any and all mechanics' liens and other liens and encumbrances filed by any
person claiming by, through or under the Company and against all costs, expenses,
losses and liabilities (including reasonable attorneys' fees) incurred by the City in
connection with any such lien or encumbrance or any action or proceeding brought
thereon. For avoidance of doubt regarding the scope of this indemnification, the
Company shall not be responsible for any costs and damage to the City caused solely by
the City's negligence or willful misconduct.
5.2 The Company shall maintain commercial general liability insurance coverage, or
its equivalent, upon commencement of construction in the City and continuing throughout
the term of this Franchise as described in Exhibit D, as such schedule may reasonably
3
be amended from time to time by the City, provided however that any new requirements
will not exceed the requirements imposed on any other utility operating within the City,
are commercially available, and reasonably obtainable. The Company's failure to meet
the insurance requirements shall not relieve the Company of its responsibilities under this
Franchise. Upon proof of financial responsibility to the reasonable satisfaction of the City,
the Company may be allowed to self -insure the coverages required. The Company shall
provide the City with certificates of insurance or letter of self-insurance, subject to the
approval of the City in its sole discretion, upon request.
5.3 The requirements of indemnification shall not be a waiver of any right that the City
would have to assert defenses on its own behalf under state or federal law. The
Company's indemnification obligations under this Franchise shall survive the expiration,
cancellation, or termination of this Franchise in accordance with applicable statutes of
limitation in force within the state of Iowa.
Section 6. Relocation.
6.1 The Company shall, at its cost and expense, locate and relocate its Facilities in,
on, over or under any public street or alley or other public place in the City in such a
manner as the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of the street or alley or any public
improvement of, or public improvement, in or about any such street or alley or reasonably
promoting the efficient operation of any such improvement ("City Project"). 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.
6.2 The City and the Company desire to minimize, to the fullest extent possible, the
risk that any of the Facilities would require relocation for the purposes of a future City
Project. The City has reviewed Exhibit A and used its best available information to
identify any areas where a City Project may occur during the term of this Franchise and
could potentially result in a Facilities relocation. The City and the Company will work
together to revise the location of the Facilities prior to construction to reduce the risk of
any conflict. For future City Projects, the following will apply:
a. In developing a City Project, the City shall consider reasonable alternatives so
as not arbitrarily to cause the Company unreasonable additional expense.
b. If there is a potential conflict between a City Project and the Facilities, the City
and the Company will work together to identify alternatives that would avoid
relocation of Facilities. When such alternative is available, SOO Green will
have the option to pay the incremental cost, if any, associated with the
alternative to avoid relocation and the City will implement that alternative if SOO
Green so elects.
c. If a relocation of Facilities cannot be avoided, the City will provide a reasonable
alternative location for the Company's facilities within City right-of-way. The
Company shall be solely responsible for any additional cost to the City as
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determined by the City Engineer in the City Engineer's sole discretion for
providing such alternative location. If the alternative location the City can
provide within the City right-of-way is not acceptable to the Company, the
Company is granted the power of eminent domain to acquire the land rights
necessary to relocate the Facilities to a suitable location. The Company will not
be required to deactivate and relocate existing Facilities until the relocated
Facilities are operational.
6.3 If the City orders or requests the Company to relocate its Facilities for the primary
benefit of a commercial or private project, or as the result of the initial request of a
commercial or private developer or other non-public entity, the City shall require advance
payment to the Company for all construction and transactions costs and the provision of
an alternative location for the Facilities of such relocation from such developer or other
non-public entity as a precondition to relocating the Facilities. If such pre -payment is
made, the Company will not be required to deactivate and relocate existing Facilities. The
Company will not be required to deactivate and relocate existing Facilities until the
relocated Facilities are operational.
6.4 The City shall give the Company reasonable advance written notice to vacate a
public right-of-way. Vacating a public right-of-way shall not deprive the Company of its
right to operate and maintain existing Facilities within the vacated right-of-way and the
City shall grant the Company a utility easement in the vacated public right-of-way until the
City orders or requests the Company to relocate its Facilities. If such relocation is for the
primary benefit of a commercial or private project, or as the result of the initial request of
a commercial or private developer or other non-public entity section 6.3 of this Franchise
shall control. If the relocation is for a City Project, Section 6.2 shall control. 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 and consistent with
Section 6.2.E
Section 7. System Plans And Maps.
7.1 The Company shall apply to the City Engineering Department for a permit for work
performed in the City's right-of-way in accordance with the City's regulations. Mapping
information will be used solely and exclusively by the City in administering the use and
occupancy of the public right-of-way within the City and shall not be provided to or relied
on by any person for any other purpose. At the request of the City, mapping information
will be reviewed with the City staff. 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
2 Note: iPL 11-5A-5. 11-5B-5 City Vacation of Property.
A
public or other entities if the Company certifies that 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 C.F.R. § 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 at the
City's option 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. Prior to any excavating in the rights -of -way, both parties shall
follow the procedures set forth in Iowa Code Chapter 480 or an entity with a similar
function utilized by both the City and the Company, currently the Iowa One Call System.
7.2 For emergencies, the Company may proceed with the work without first applying
for a permit, provided, however, that the Company shall apply for and obtain a permit as
soon as practicable after commencing such work.
7.3 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 8. Annual Planning Meeting. The Company operations staff will, at the
request of the City, attend an annual meeting with the City Engineering Department and
other interested city personnel to discuss utility reliability standards, including
comparisons to regional and national reliability statistics, annual and fang -term
construction coordination planning for the Company and City and other related items. This
will not replace any periodic meetings needed on specific projects and issues. The City
also holds monthly utility coordination meetings. The City shall timely provide the
Company with minutes of the monthly meeting and the Company will timely review and
notify the City of any potential conflicts a proposed project may have on the Facilities.
Notwithstanding the foregoing, the City Engineer may require a Company representative
to attend any monthly meeting where the subject of the meeting may include a proposed
project which may significantly affect the Facilities. SOO Green will notify the City of its
point of contact for monthly meeting minutes and the annual planning meeting at least 30
days prior to commercial operation date.
Section 9. Reliability. The Company will maintain compliance with applicable
National Electric Safety Code, Iowa Utilities Board regulatory standards and North
American Electric Reliability Corporation standards.
Section 10. Non -Exclusivity. The franchise granted by this Ordinance shall not be
exclusive. The City shall not, however, grant a subsequent franchise that would impair,
obstruct, or diminish the franchise rights of the Company under this Ordinance.
Section 11. Emergency Training, Participation And Communication. The Company
will maintain a twenty-four (24) hour contact with City of Dubuque Police Dispatch or other
emergency management contact for emergency communications. The Company shall
provide training on safety matters related to the Facilities upon the request of the Fire
Chief.
Section 12. Corporate Philanthropy. On an annual basis, the Company will provide
notice to the City Manager of whether the Company has any grants or other corporate
giving opportunities for which the City of Dubuque or businesses located in may be
eligible.
Section 13. Publication Expenses. The expense of the publication of this Ordinance
shall be paid by the Company.
Section 14. Repeal Of Conflicting Ordinances. All ordinances, or parts of ordinances,
insofar as they are in direct conflict herewith, are hereby repealed.
Section 15. Compliance With City Ordinances. The Company shall, to the extent not
inconsistent with the terms of this Franchise, at all times during the term of this Franchise
ordinance conform with, submit to, and carry out the provisions of any and all valid
ordinances existing or as hereafter lawfully enacted relating the City's exercise of its
police powers.
Section 16. Dispute Resolution. The City and the Company agree to attempt to
resolve any dispute or disagreement which is not a material breach arising under or in
connection with this Ordnance in good faith through discussion between their authorized
representatives. If they are unable to resolve any such dispute within thirty (30) calendar
days from the date on which either the City or the Company delivers to the other written
notice of such dispute, then senior management designees for the City and the Company
shall discuss the matter in an attempt to resolve the dispute or disagreement. In the event
the senior management designees are unable to resolve any such dispute within thirty
(30) calendar days, the City and Company agree to try in good faith to settle the dispute
by mediation prior to, and as a precondition to, commencing any litigation. The City and
Company will bear their own attorneys' fees, expert witnesses' fees, costs and expenses
in the mediation. The mediation shall be in Dubuque, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
Section 17. Material Breach. Either the City or the Company may terminate this
Franchise if the other party shall be materially in breach of its provisions. Upon the
rI
occurrence of a material breach, the nonbreaching party shall provide the breaching party
with notification by certified mail specifying the alleged breach. The breaching party shall
have sixty (60) days to cure the breach, unless it notifies the nonbreaching party, and the
parties agree upon a longer period for cure. If the breach is not cured within the cure
period, the nonbreaching 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 18. Closing. This Franchise ordinance sets forth and constitutes the entire
agreement between the Company and the City of Dubuque with respect to the rights
contained herein, and may not be superseded, modified or otherwise amended without
the approval and acceptance of the Company.
Section 19. Severability. If any of the provisions of this Franchise are for any reason
declared to be illegal or void, the lawful provisions of this Franchise, which are severable
from said unlawful provisions, shall be and remain in full force and effect, the same as if
the Franchise contained no illegal or void provisions.
Section 20. Effective and Binding. This Ordinance and the rights and privileges herein
granted shall become effective and binding upon its approval, passage in accordance
with Iowa law, the written acceptance by the Company, publication, and notice by the
Company as provided below. The City shall provide the Company with an original signed
and sealed copy of this Ordinance within ten (10) days of its final passage. The Company
shall, within sixty (60) days after the City Council approval of this Ordinance, file in the
office of the cleric of the city, its acceptance in writing of all the terms and provisions of
this Ordinance. Fallowing City Council approval and Company acceptance, this
Ordinance shall be published in accordance with the Code of Iowa. The Effective Date of
this Ordinance shall be the earlier of (a) the date the Company provides written notice to
the City Manager that any mobilization, staging, or construction of the Facilities will
commence within the City limits or (b) December 31, 2026.
Section 21. Vegetation Management. The City agrees not to plant any trees directly
above the Facilities. The Company is authorized and empowered to prune or remove at
Company expense, any tree extending into any street, avenue, right-of-way, alley, public
place or public ground that the company determines, in its sole discretion, that will
interfere with the construction or safe operation of the Facilities. For every tree that SOO
Green removes that is more than 6 inches in diameter, the Company shall pay the City
upon invoice the sum of three hundred fifty dollars ($350.00) 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. The "CPI Adjustment" shall
be a fraction expressed as a decimal, the numerator of which shall be the Current CPI
minus the Prior CPI and the denominator of which is the Prior CPI, or 3% whichever
8
amount is less. The "Current CPI is the latest CPI published prior to the anniversary date
of the Effective Date. The "Prior CPI" is the CPI published in the immediately preceding
calendar year for the same month as the Current CPI. The term "CPI" shall mean the
"Consumer Price Index for All Urban Consumers (CPI-U)" published by the Bureau of
Labor Statistics of the U.S. Department of Labor, All Items (1982-84=100), U.S. City
Average, or any successor index thereto, appropriately adjusted. If the CPI ceases to be
published and there is no successor thereto, such other government or nonpartisan index
or computation shall be used which would obtain a substantially similar result as if the
CPI had not been discontinued.
Section 22. Public Places: "Public places" means any property owned by the City.
Section 23. No Other License Required: Dubuque City Code § 11-6 is inapplicable to
the Company and the Facilities as proposed.
Section 24. Assignment: No sale, assignment or lease of this Franchise shall be
effective until it is approved by the city council and after the Company has filed in the
office of the city clerk written notice of the proposed sale, transfer, disposition or
assignment, such notice to clearly summarize the proposed procedure and the terms and
conditions thereof. Such approval by the city council shall not be unreasonably withheld.
The proposed vendor, assignee or lessee shall similarly file an instrument, duly executed,
reciting such proposal, accepting the terms of this Franchise and agreeing to perform all
the conditions thereof. This provision shall not apply, however, to collateral assignments
in connection with a project financing of the project.
Section 25. Notices: Any written notice required by this Franchise shall be sent by first
class mail to the persons and addresses below.
For SOO Green
Raj Rajan
Vice President -- Project Development
SOO Green HVDC Link ProjectCo, LLC
1600 Utica Ave S, 9th Floor
St. Louis Park, Minnesota 55416
For the City of Dubuque
City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
with copy to:
�]
City Attorney
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Section 26. Renewal- The City and the Company will meet at least 12 months prior to
the expiration of this Franchise to discuss renewal of the Franchise.
PASSED AND APPROVED this 20' day of November, 2023.
CITY OF DUBUQUE, IOWA
e--'
.•M.S46'nagh, Mayor
ATTEST;
Adrienne N. Breitfelder, City Clerk
i, Adrienne N. Breitfelder, City Clerk of the City of Dubuque, Iowa, hereby certify that the
above and foregoing is a true copy of Ordinance No. - SO,- a 3 , passed by the City
Council of said City at a meeting held November an , 2023, and signed by
the mayor on the day of Bove mbb-r , 2023, and published as provided by law
on Decemher
City Clerk
(OFFICIAL SEA6 1y
•r
10
EXHIBIT A
1:j1.1:441�jII1►:toll]d 4
ENCLOSED HEREWITH
11
EXHIBIT B
M I waolel z I bill k I
ENCLOSED HEREWITH
12
EXHIBIT C
lIMII: 11.4'jY,I1►90101ki M :11.1z&I
ENCLOSED HEREWITH
13
EXHIBIT D
ENCLOSED HEREWITH
Mll
ACCEPTANCE
SOO Green HVDC Link ProjectCo, LLC hereby accepts for itself, its lessees,
successors and assigns, all of the terms, conditions and provision of Ordinance No.
23, passed by the City Council of the City of Dubuque, Iowa on the day
of , 2023, granting a franchise to SOO Green HVDC Link ProjectCo,
LLC .
Dated this day of , 2023.
SOO GREEN HVDC LINK PROJECTCO, LLC
M
Title:
15
SOO Green Franchise
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4 AND FISH REFUGE
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Gay[an COunly :
j Project Corridor (CPKC) - - County Boundary - • Highway S00 Green HVDC Link
Gwf cagy cou* - Project Corridor (CN) - - State Boundary = _ = State Highway
Railroad Scenic Byway Road Project Corridor
Stream" - USFWS National Wildlife Refuge - Municipal Boundary Dubuque
°i WaterbW Conservation Easement Section Boundary
40> Dubuque County, Iowa
Township & Range Boundary The Nature Conservancy Lands Public Land
-� a 2,000 4,000 SOO
Green
'Unlabeled streams and waterbod ies have no official name. F��
H YD[ (INK
Sources: ES RI 2021; ESRI 2015: Iowa DNR 2021; NCED 2020; HIFLD 2020:TNC 2020; USDA Forest Service 2013; US DOT FHWA2013; USFWS 2021:IJSGS 2019
SOO Green Franchise
Exhibit B
r 1 1 2 3
This drawing contains confidential information. The drawing and the Information on it cannot
be reproduced for any purpose without the written permission of ❑ura Line Corporation.
A
"I. M
c 2.20 [55.8] II
REF
1
a
5 1 6 1 7 I B
0.070±0.010 [1.78±0.25]
HDPE oversheath
16112mm HDPE x7
[HDPMID160120R1]
ADDD 1510
22116mm HDPE x1
[HDPMID22016QR1]
ADDD 1419
20 AWG Insulated
7/ copper wire
02.27 [057.7]
REF
0
M.:1,
I«is
MM
MM
F Ripcord x2 F
MicroDuct weight = 0.522 Iblft [777 glm]
Supported Bend Radius: 33" [838 mm] Unsupported Bend Radius: 55" [1,397 mm] HDPE Oversheath weight = 0.195 Iblft [290 glm]
Safe Pull Load: 3,814 Ibs [1,732 kg] Total weight = 0.717 lblft [1,067 glm] G
REV DATE DESCRIPTION APPROVED BY DRAWING TITLE: FP 22116mm + 16112 MM x7 with HDPE 0.070" Sheath
DRAWING: Greg Rundle PART #: UNITS: INCH [MM] ❑RAWING M ADDD 1877
DESIGN: Tim Grimsley NOTES - APPROVAL: 0-OO-FORM-017
H DATE: April 17, 2020 Refer to I)ura-Line portal 0 d u ra.I I ne
1 2 3 6 7 3
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OUR PRODUCTS BUILD NETWORKS
1000mm
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1000mm
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Specs and Techs: 9001? Access Chamber
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1000mm
axs900R x 1350
Page 1 /2
Description:
The axs 900R is a modular composite solution offering the network builder unsurpassed flexibility, performance and
economy. The Chamber section is an assembly of multiple layers of quarter segments (see height options).
Features and Benefits:
• Modern composite design ensures high strength / low weight for
installation cost savings.
• Ideal for high fibre traffic installations — up to 4 x 144 Fibre Closures.
• 5plittable porting panels uniquely allow retrofitting to existing networks
or new builds alike,
• Easy assembly with basic hand tools only.
• Unique multi -port knock -outs give industry leading interface with all
Duct and Multiduct options.
• Modular design allows various depth configurations (see height options).
• DMC cover eliminates the threat of theft.
• Full range of loading options available.
• Modular knock -down design offers high packing density for transport savings.
axs900R x 900 Medium Duty
axs900R x 900 Heavy Duty
r
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aX5900R - Populated
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OUR PRODUCTS BUILD NETWORKS
Chamber Components
1. Fasteners
Stainless steel / Nylon
2. Lock
Details on request
3. Lid and coping
DMC (Grey) SMC (Black)
4. Base
❑MC (Grey)
5. Panels
PP, UV stabilised - colour black
Slack bracket
PP
Dome closure bracket
PP
Loading Class As per
A15 - MN B125 - 125kN C250 - 250kN
EN124 Weight (Europe
Loading class SAGS (Africa)
LD - .7kN MD - 40kN HD - 135kN
Loading Class USA
Tier 15, 22 and HS20 Load classes
Dimensions
Drawings on request
Multipart Advantage
tq�
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Page 2/2
3
4
Duct port with 50mm and 11 Omm Duct forms sand Rubber Grommet allows Rubber Grommet allows
11 Om knock -out. tight seal in the port. sand tight seal with sand tight transition to
Multiduct. Microduct,
No foaming or sealing agents required for system integrity.
No tools required.
Loading Qty's
(product code)
axs900R 450
axs900R 900
axs900R 1350
18m Link
On request
64 Units (Assembled)
On request
6m (20') Container
On request
54 Units (Knock -Down)
On request
12m (40') Container
On request
108 Units (Knock -Down)
On request
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SOO Green Franchise
Exhibit C
EXHIBIT C
1. Lincoln Avenue (north ❑f): Proposed electric line behind Well House #6.
2. Lincoln Avenue: Proposed electric line will cross City 6" diameter domestic water main (pressure zone #1,
n❑ casing).
3. Water Treatment Plant:
a. Proposed electric line will run parallel with City's 12" diameter well #6 supply main (no casing) and
cross 16" diameter Well #6 supply line (no casing).
b. Proposed electric line will cross City's 24" diameter (pressure zone #1, no casing) domestic water
main.
c. Proposed electric line will cross City's 12" diameter (pressure zone #2, no casing) domestic water
main.
4. Hawthorne Street:
a. Proposed electric line will cross City's 20" diameter Well #5 and #7 supply main. Will also run on
top/parallel to 20" main south of Hawthorne Street.
b. Proposed electric line will cross City's 24" diameter (pressure zone #1, no casing) domestic water
main.
c. Proposed electric line will cross electric power supply and SCADA lines (from Water Treatment Plant
to Well house #5 and #7).
5. Fengler Street (Bridge): Proposed electric line will cross City's 12" diameter (pressure zone #1, no casing)
domestic water main.
6. Johnson Street: Proposed electric line will cross City's 10" diameter (pressure zone #1, no casing)
domestic water main.
7. East 161h Street: Proposed electric line will cross City's 12" diameter (pressure zone #1, no casing)
domestic water main.
S. East 15th Street: Proposed electric line will cross City's 6" diameter (pressure zone #1, no casing) domestic
water main. Note: east side of tracks has a private 1-1/4" copper water service line.
9. East 14th Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, with casing)
domestic water main.
10. East 13t'' Street: proposed electric line will cross City's abandoned 6" water main.
11. East 12t'' Street: proposed electric line will cross City's 6" diameter (pressure zone #1, no casing) domestic
water main.
12. East 11t'' Street: Proposed electric line will cross City's 20" diameter (pressure zone #1, no casing)
domestic water main.
13. East 91h Street: Proposed electric line will cross City's 6" diameter (pressure zone #1, no casing) domestic
water main.
14. East 81h Street: Proposed electric line will cross City's abandoned 12" water main.
15. East 71h Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, no casing) domestic
water main.
16. East 61h Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, no casing) domestic
water main.
17. East 51h Street: Proposed electric line will cross City's 12" diameter (pressure zone #1, with casing)
domestic water main.
18. Ice Harbor Drive: Proposed electric line will cross City's abandoned 10" water main.
19. East 3rd Street: Proposed electric line will cross City's abandoned 6" water main.
20. 2r'd Street @ Ice Harbor Drive: Proposed electric line will cross City's 12" diameter (pressure zone #1, with
casing) domestic water main.
21. East 1" Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, with casing) domestic
water main.
22. Jones Street: Proposed electric line will cross City's 6" diameter (pressure zone #1, with casing) domestic
water main.
23. Railroad Avenue — Terminal Street: Proposed electric line will cross City's 6" diameter (pressure zone #1,
no casing) domestic water main.
SOO Green Franchise Exhibit C, p. 1
SOO Green Franchise
Exhibit D
EXHIBIT D
1. SOO Green HVDC Link ProjectCo, LLC ("Company") shall furnish a signed certificate of
insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to construction
of the Facilities in the City of Dubuque. Each certificate shall be prepared on the most current
ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall
include a statement under Description of Operations as to why the certificate was issued. Eg:
SOO Green HVDC Link ProjectCo, LLC Franchise Agreement dated ("Franchise").
2. All policies of insurance required hereunder shall be with an insurer authorized to d❑ business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The Company shall be required to carry the minimum coveragellimits, or greater if required by
law or other legal agreement, in Exhibit 1. Failure to provide the required minimum coverage shall
not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required 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 an equivalent ISO form or manuscript form is
permitted.
a. Company 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.
Company agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Company.
9. Company shall be responsible for deductibles/self-insured retention.
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 $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
4) 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 andlor authorities and
SOO Green Franchise Exhibit D, p. 1
B)
C)
D)
E)
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
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 Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22. Completed form must be attached.
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 job site 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 ISD form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
PROFESSIONAL LIABILITY
$1,000,000
Coverage required: _yes X no
1) Provide evidence of coverage for 5 years after completion of project.
CYBER LIABILITY/BREACH $1,000,000
Coverage required: yes x no
SOO Green Franchise Exhibit D, p. 2
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) UMBRELLAIEXCESS $10,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory in favor of the
City.
G) RAILROAD PROTECTIVE LIABILITY
Coverage required: X yes _no
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverage:
Railroad Protective Liability:
$5 million each occurrence (per limits required by Railroad)
$5 million _policy aggregate (per limits required by Railroad)
AND/OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
If commercially available, SOO Green HVDC Link ProjectCo, LLC shall obtain an endorsement for the
preservation of governmental immunities containing the following provisions:
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, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
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 Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa 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.
SOO Green Franchise Exhibit D, p. 3
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, Iowa under this policy for
reasons of governmental immunity unless and until a court of competentjurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage.
SOO Green Franchise Exhibit D, p. 4
CITY ❑F DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE PROPOSED
ADOPTION OF AN ORDINANCE GRANTING TO SOO GREEN HVDC LINK
PROJECTCO, LLC, ITS SUCCESSORS AN❑ ASSIGNS, THE RIGHT AND
NON-EXCLUSIVE FRANCHISE TO MAINTAIN AND OPERATE AN ELECTRIC
FRANCHISE (TRANSMISSION SYSTEM) IN THE CITY ❑F DUBUQUE, IOWA, FOR A
PERIOD OF 25 YEARS
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque,
State of Iowa, will meet on the 20TH day of November, 2023, at 6:30 o'clock P.M., at the
Historic Federal Building, 350 W. V Street, Dubuque, Iowa, at which meeting the City
Council proposes to consider the adoption of an Ordinance granting to Soo Green the
right and non-exclusive franchise to maintain and operate an electric franchise
(transmission system) in the City of Dubuque for a period of twenty-five years.
A copy of the proposed Ordinance is on file at the Office of the City Clerk, City Hall,
West 1311 Street, ❑ubuque, Iowa and may be viewed Monday through Friday between
8:00 a.m. and 5:00 p.m..
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options. The City Council agenda
can be accessed at https:llcityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's ❑ffice,
City Hall, 50 W. 131" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can
use Relay Iowa by dialing 711 or (800) 735-2942.
This Notice is given by order of the City Council of ❑ubuque, Iowa, as provided by
Sections 364.2(4) and 362.3 of the Code of Iowa, as amended.
Dated this day of , 2023.
Adrienne N. Breitfe{der, City Clerk
THE C
DUj!BQFE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Mayor and City Council Members
DATE: November 1, 2023
RE: SOO Green HVDC Link ProjectCo, LLC Franchise Agreement
Dubuque
Dull- aerica ciq
A.ASA'ptiMl_i R1'.IYn AA=
ill�hr
2007-2012.2013
2017*2019
Attached is a resolution setting a public hearing on an Ordinance granting a twenty-five
year franchise to SOO Green HVDC Link ProjectCo, LLC (SOO Green or Project) for a
transmission system for the transmission of electric energy and communication facilities
in the City of Dubuque.
Background information about the Project is also attached. Essentially, the Project is a
2100 MW, 349 mile, 525 KV underground HVDC1 transmission line running from Iowa
to Illinois, including through the City of Dubuque. The Project utilizes insulated and
shielded cables which will be installed inside conduits placed in Canadian Pacific
1 Explanation provided by Raj Rajan, Vice President, Project Development, SOO Green HVDC Link:
Transmission capacity is measured in MW, like generation capacity (power, not energy, which is MW x hours or MWh). One Mega
Watt is 1000 Kilowatt. Our electricity bills are in Kilo Watt Hours or KWh.
If the transmission line is used 24 hours a day, it can move 2100 MW * 24 hrs/day * 365 days/ year * 1000 KWh/MWh = 18.4 Billion
KWh of electricity per year. Of course, we expect the line 'utilization' to be around 90%, so the energy transferred will be 90% of that
(around 16.5 billion KWh/yr). An average home in the US uses 11,000 kWh/yr, so the power transmitted by our Project will be
equivalent to that used by 1.5 million homes. To put this Project's transmission capacity in the generation context, the West
Dubuque Solar Garden is the largest single solar project in Iowa and is around 4 MW. This Project can transmit power from over
500 such installations. Some of the largest wind farms in Iowa are 500 MW each. They generate power on average 8-9 hours a day.
This Project can handle output from over 10 such large wind farms, as it is expected to transmit power over 20 hours a day.
Power is transmitted to long distances more efficiently when the voltage is higher. At home, we have mostly 110-volt outlets, some
240v. The local transformers on the distribution side step down to this voltage from several thousand volts. Transmission voltages
are typically over 110,000 volts or higher (referred to as kilo volts or kV), while some old systems can be as low as 66 kV (66,000
volts) or 33 kV. Distribution voltage is typically below 33 kV. Many existing alternating current (AC) overhead transmission lines are
345kV (like the one we plan to connect to in Iowa from our Project). Some newer projects are 525 kV.
We are going to transmit direct current (DC) not alternating current (AC), because it is more efficient, and less energy is lost as heat.
That's also why we can place our cables underground in dry installations without liquid cooling (525 kV AC cannot). The HV refers to
high voltage, because it is 525 kV. Because existing grids in IA and IL are both HVAC, we have 'converter stations' in IA and IL that
will convert from 345 kV HVAC to 525 HVDC in Iowa and back from 525 kV HVDC to 525 kV HVAC in IL (the IL connection point is
the higher voltage AC already). Since direct current (DC) is like a battery, we have a positive and a negative pole. Therefore, one of
the two cables will be at +525,000 volts and the other at-525,000 volts. Alternating current oscillates in cycles (hence 'alternating')
that go from +345,000 volts to-345,000 volts in waves in each line. They have three conductors (hence the expression three-phase)
and the waves are staggered in each line. Because we are underground, we refer to these as insulated and shielded HVDC 'cables',
unlike bare conductor HVAC 'lines'.
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
Kansas City and Canadian National railroad rights -of -way in the city. The expected total
investment in the Project is over $2.5 billion.
For additional information about the Project, please visit these sites:
https://www.soogreen.com/project-overview/
https://www.sooareen.com/customers/
The attached background information also includes a Health & Safety Overview from
SOO Green.
Dubuque Project Manager Steve Sampson Brown and I, working with the City Manager,
City Attorney Crenna Brumwell, staff from city departments which may be affected by
the Project, and Dave Lyons, have been negotiating with SOO Green representatives
for the better part of three years on the details of the franchise agreement.
A franchise is required because much of the system in the railroad rights -of -way will be
crossing city street right-of-way.
The terms of the franchise are similar to the terms of our gas and electric utility
franchise agreements, adapted to the unique nature of this Project. Unlike the other
franchise agreement, however, this franchise will have no franchise fee because SOO
Green will not have any revenue from the sale of electricity in the city, which would be a
requirement under state law for a franchise fee. SOO Green is only transmitting
electricity which does not allow for a franchise fee. SOO Green will, however, reimburse
the City through an annual management fee permitted by state law for costs the city
incurs to manage SOO Green's use of the right-of-way.
SOO Green also has agreed with the City to install at SOO Green's cost, fiber conduit
and associated vaults along the entire route through the city to be owned, operated and
managed exclusively by the City, with the exception of a two-mile stretch of railroad
right of way owned by Canadian National which has an exclusive agreement with
another entity for co -location of fiber. The City will need to find another route for that
section of the conduit.
The conduit route will provide multiple fiber optic pathways between the John Deere
plant north of Dubuque to the Port of Dubuque where the CN 2-mile stretch begins, and
south of the CN stretch within municipal limits, creating new opportunities for
collaboration on public/private partnerships along with increasing the ability to provide
redundant service connections to City facilities. It will also expedite future City projects
by creating multiple fiber optic pathways under the rail lines that run through downtown
Dubuque.
This route will build a north/south fiber backbone route through the city which will
connect with another backbone loop that extends to the west side of the city. More
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 tsteckle@cityofdubuque.org
importantly, the SOO Green project includes thirteen (13) locations where duct crosses
under railroad tracks (and high voltage lines) to get from the west side of the tracks to
the east side. Crossing under railroad tracks currently poses one of the biggest
challenges to deploying fiber in the city. Permits for typical crossings can easily take 2-
6 months and tens of thousands of dollars at each location. Such crossings would
become even more challenging were it not for the franchise agreement once the SOO
Green system is in place.
Prior to the city council public hearing to consider adopting the franchise agreement,
SOO Green was required to hold a public informational meeting about the Project to
introduce the Project and allow citizens an opportunity to ask questions. SOO Green
held the required meeting.
Soo Green has provided the proposed schedule for the work in the City of Dubuque:
1. City council public hearing to adopt franchise: November 2023
2. Second and third readings (unless waived): December 2023
3. Engineering plans finalized: December 2024 (note that Franchise gives City
Manager authority to approve final plans after approval of Franchise).
4. Commencement of construction in Dubuque: 2025-2027(note- this assumes that
Project construction will move west to east).
The reason for the 2025-2027 construction date, which SOO Green has indicated is a
conservative date, is because the work might commence in western Iowa and continue
eastward to Illinois. The Project starts just west of Mason City, Iowa and ends just west
of Plano, in Yorkville Illinois. Commencement of construction will also depend on the
required approvals from federal and state (IA and IL) regulatory agencies and regional
transmission organizations (MISO and PJM).
The Project likely also will require the acquisition of real estate from private parties and
the City of Dubuque along the route where they interact with the railroad rights -of -way.
While SOO Green has secured approval from the Iowa Utilities Board for segments of
the Project outside of cities and from 12 of the 24 municipalities, this will be the first and
largest SOO Green municipal franchise agreement along the Mississippi river segment
and is expected to be a guide for SOO Green agreements with other Iowa cities along
the river.
BAL:JLM
Attachment
CC' Crenna Brumwell, City Attorney
Steve Brown, Project Manager
Gus Psihoyos, City Engineer
Dave Lyons, Strategic Initiatives Consultant
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 tsteckle@cityofdubuque.org
A New Model for Transmission
Can Crack the Code for U.S.
Renewable Energy
Rail Co -location: A Better Siting Model
• Eliminates eminent domain
- Eliminates visual obstructions
• Rfinimizes environmental impacts
• Improves reliability during weather events
• Introduces state of the ad VSC technology
t
www.soogreenrr.com
Project Overview
SOO Greer, is a 2,100 MW. 349-mile, 525
KV underground HVDC transmission line
running from Iowa to Illinois. This project
,01 utilize two 5- diameter, 525 KV
rubber -based XLPE cables to deliver
large-scale and diversified renewable
energy to market_ The expected total
investment for this project is S2.5 billion_
The protect is financially supported by
Copenhagen Infrastructure Partners and
Siemens and has an exclusive strategic
partnership ,rrith Canadian Pacific Railway.
Portfolio Approach
Strong in;j as ructure enables SOO Green
customers to source renewable energy
from generators located throughout the
fulid,.vest- Through this procurement, SOO
Green ;wilt deliver renewable energy
throughout n e Eastern United States. SOO
Greens ability to deliver large quantities of
diversified renewable energy creates a
corrvenient and reliable mechanism for
numerous buyers and sellers to complete
sirrin- Vied transactions.
THE WADI, S Ir I I REET JOURNAL.
BUSINESS
`Extension Cora' to Carry Green Power From Midwest to Eut
Siemens, Copenhagen I nfrastructure Partners to take over $25 billlionproject to transmit vain i and solar energy
By Russell Gold
March 10, 2019 11:45 p.m. ET
Two European firms are backing an ambitious $2.5 billion project to carry renewable electricity underground through the
American heartland_
Siemens AG SIEGY -0.37% is joining with a Danish investment fund to build and operate a 349-mile-tong,
electrical -transmission line that would carry wind and solar energy from Iowa into the Chicago area, according to the project's
developer.
The link would allow renewable energy from the Upper Midwest to travel all the way into the eastern U.S. by hooking up to the
PJM Interconnection, the power grid that serves all or part of 13 states, including Illinois, Ohio and Pennsylvania.
Called the SOO Green Renewable Rail, the project is a giant extension cord designed to carry electricity on buried
direct -current lines. The fund, called Copenhagen Infrastructure Partners, and Siemens are purchasing the project from its
developers, a group that includes several private investors and the U.S. subsidiary of Canadian Pacific Railway Ltd. CP +1.07%
The terms of the deal weren't disclosed.
The vast majority of the line will run in a Canadian Pacific railroad corridor. The project's developers expect that going
underground on an existing railroad right of way will make it easier to obtain permits and local permission, a strategy that they
say was used before in expanding high-speed internet networks. It is using direct -current technology, instead of the more widely
deployed alternating current, because it doesn't interfere with railroad signals.
"The fact is that going underground, you don't have wires rubbing up against trees. You are not going to have tornado impacts.
It is safer and more resilient," said Joe DeVito, president of Direct Current Development Co., which has developed the project.
The project still needs to obtain certain state and federal permits, and needs to sign up shippers to contract for capacity on the
line. It will be capable of carrying 2,100 megawatts, the equivalent of a large nuclear -power plant. Developers said they hope to
have it operational by 2024.
Investors have tried to build more than a half -dozen long-distance, direct -current power lines in the U.S. So far, the
aboveground efforts have been delayed or derailed by permitting delays as well as local and political opposition.
Building a belowground line is nearly twice as expensive per mile as an aboveground line on towers.
Developers have been trying to move electricity from one large regional grid to another, to take advantage of electricity price
arbitrage, as well as abundant renewable energy in the Upper Midwest and Great Plains.
This project is the second Iarge renewable -energy investment that Copenhagen Infrastructure Partners has made in the U.S. It
also has a 50% stake with Avangrid Renecvables in Vmeyard Wind, an offshore wind farm off the coast of Massachusetts.
Christian Skakkebaek, a senior partner at Copenhagen Infrastructure Partners, said the project Fits into his fund's focus on
"critical energy infrastructure assets."
A spokesman for Siemens said the German company's Financing arm was backing the project to help "meet the many
challenges associated with bringing complex infrastructure projects online." Siemens's high -voltage, direct -current technology
will be used in the project.
3/28/2019 Proposed underground transmission line would travel through Dubuque, Bellevue among other local cities I Tri-state News I telegraphher...
TELEGRAPH HERALD
http://www.telegraphheraId.com/news/tri-state/article_3a84c4f9-0971-56c3-b096-Of 10af7465c5.html
Proposed underground transmission line would travel
through Dubuque, Bellevue among other local cities
BYALLIEHINGAallie.hinga@thmedia.com Mar 27, 2019
A proposed 349-mile-long, underground transmission line carrying renewable energy from the Midwest to the
eastern United States would travel through the tri-state area.
If the SOO Green Renewable Rail Project receives regulatory approval, part of the route would follow a stretch of
the Canadian Pacific Railway line along the Mississippi River from Marquette to Sabula, then across the river into
Savanna, III.
Officials for the project said they expect the local impact during construction to be minimal
"I think once we get closer, if there is anything, we obviously will make sure that people know in advance," said
Sarah Lukan, a spokeswoman for the project.
Direct Connect Development Co. officials announced this month their intent to develop the $2.5 billion, privately
funded transmission line, which would run from Mason City, Iowa, to Plano, III.
The line would deliver wind and solar energy from the Midwest to a power grid that serves part of the eastern U.S.,
Lukan said. She estimated the 2,100 megawatt line would be able to power about 1.2 million homes.
"There's more wind energy being created right now than the grid is able to use, so we'll be able to take that excess
and use it in another part of the country," she said.
The route largely would fall in the right of way for the Canadian Pacific line, which locally would take it through
Marquette, Guttenberg, Dubuque, Bellevue, Sabula and Savanna.
Because the transmission line would be constructed in the existing right of way, Lukan said she did not anticipate
the project would require property acquisition in the tri-state area. She also did not anticipate any major
construction impacts.
Getting the necessary state and federal approval for the line is expected to take two to three years. The line then
would take two years to construct.
Bellevue City Administrator and Clerk Abbey Skrivseth said she learned about the project last week and reached
out to SOO Green officials to talk with them.
Bellevue's situation is different because the section of railroad that runs through town does not have right of way
on either side of the tracks. City and project officials would have to work out an agreement for an easement,
Skrivseth said.
"Those are the details that we just need to work out to figure out how can we make it work for everyone," she said.
When contacted by the Telegraph Herald, Dubuque County Board of Supervisors Chairman Dave Baker said he
had not heard about the project but would look into it.
www.telegraphherald.com/news/tri-state/article_3a84c4f9-0971-56c3-bO96-0f10af7465c5. html 1 /2
3/28/2019 Proposed underground transmission line would travel through Dubuque, Bellevue among other local cities I Tri-state News I telegraphher
"Based on your call, I'll get it on my radar screen," he said in a brief phone interview.
Lukan wrote in a follow-up email that officials have reached out to the Dubuque County Board of Supervisors so
they can brief them on the project.
City of Dubuque spokesman Randy Gehl wrote in an email that city officials only recently learned about the
project. They have not yet explored the matter but will do so soon.
Copyright, Telegraph Herald. This story cannot be published, broadcast, rewritten or redistributed without prior
authorization from the TH.
www.teleg raphherald.com/news/tri-state/article_3a84c4f9-0971-56c3-bO96-0f10af7465c5. html 2/2
SOO
Green
HVOC LINK
February 13, 2020
Brant E. Schueller, et al.
13017 North Cascade Road
Dubuque, IA 52003-9674
Dear Brant E. Schueller, et al.,
1600 Utica Ave S
St. Louis Park, MN 55416
9`h Floor
This letter is to notify you that S00 Green HVDC Link ProjectCo, LLC ("500 Green") is proposing to build a new 525
kilovolt underground high voltage direct current ("HVDC") electric transmission line ("Project") in Dubuque County,
Iowa. The proposed transmission line will transfer energy generated in Iowa, including renewable energy, between
Mason City, Iowa and Yorkville, Illinois. The Project route will primarily utilize existing railroad right-of-way.
The Project will require a franchise from the Iowa Utilities Board ("Board") for areas outside of municipal boundaries
and a separate franchise from each municipality the Project crosses. All landowners are invited to attend
a public informational meeting regarding the proposed Project that will be held at Hotel Julien in Dubuque, Iowa on
March 161h. At the meeting, details regarding the proposed Project and information regarding the legal rights of
affected landowners will be presented. Time will also be allocated to answer questions and the meeting should last
approximately one hour.
Below is the Dubuque County public informational meeting information:
• When: Monday, March 16, 2020 5:30PM (CST)
• Where: Hotel Julien - 200 Main Street, Dubuque, IA 52001
• Light refreshments will be provided
Your receipt of this letter indicates that right of way adjacent to property in which you have a legal interest could
potentially be affected by the construction of the Project. Enclosed is a Notice of Public Informational Meeting and
a map showingthe proposed route and the notification corridor in which potentially affected properties are located.
The final transmission line alignment within the identified corridor will be selected after negotiations with
landowners are complete. Under Iowa law, S00 Green cannot negotiate with landowners in Dubuque County
before the public informational meeting on March 16, 2020.
If you are unable to attend the meeting but are interested in learning more about the Project, please visit our
website (www.soogreenrr.com) and send a message with your contact information on the "Contact Us" tab. Even
if you cannot attend the informational meeting or contact us through our website, a member of our land team will
be in contact with you over the coming months to explain the Project and the upcoming steps in the development
process.
Thank you for your time and we look forward to speaking with you,
/iles
Vice President — Real Estate
Enclosures
PIN:1610477002
State of Iowa
County of Dubuque
Notice is hereby given that S00 Green HVDC Link ProjectCo, LLC ("Petitioner"), with its principal
place of business at 1600 Utica Ave. S. St Louis Park, MN 55416, 91' floor, is proposing to build a
new 525 kilovolt ("kV") underground high voltage direct current ("HVDC") electric transmission
line ("Project") in Dubuque County, Iowa. The proposed transmission line will transfer energy
generated in Iowa, including renewable energy, between Mason City, Iowa and Yorkville, Illinois.
The Project route will primarily utilize existing railroad right-of-way. The notification corridor and
the proposed line route for which new interests in land may be sought in Dubuque County are
reflected on the enclosed map and by reference made a part hereof. The notification corridor is
the area in which landowners and parties in possession or residing on property over which
Petitioner may obtain interests in land are noticed concerning the public information meeting
and in which easements or other interests in land may be sought after the meeting is held. A
map of the entire proposed route in Iowa is also enclosed.
Prior to the construction of the transmission line, Petitioner must request a franchise from the
Iowa Utilities Board ("Utilities Board") authorizing the construction, operation and maintenance
of the transmission line along the proposed route. The proposed route of the line in Dubuque
County will follow existing Canadian Pacific Railway rights of way for approximately 33.4 miles
starting at the northernmost point at latitude 42°40'17.03"N, longitude 90°53'49.20"W, through
Sections 27, 28, 29, 30, 34, 35, and 36 in Township 91N, Range 01E, Sections 31 and 32 in
Township 91N, Range 02E, Sections 3, 4, 5, 10, 14, 15, 23, 26, 35, and 36 in Township 90N, Range
02E, Sections 6, 7, 18, 19, 30, and 31 in Township 89N, Range 03E, Sections 1, 24, and 25 in
Township 89N, Range 02E, Sections 19, 28, 29, 30, 33, and 34 in Township 88N, Range 04E,
Sections 4, 5, 6, 9, 10, 14, 15, 23, and 24 in Township 88N, Range 03E, and Section 3 in Township
87N Range 04E, ending at the southernmost point at latitude 42'22'53.96"N, longitude
90029'17.06"W.
Petitioner may seek to acquire additional interests in land within the identified corridor for the
construction, operation and maintenance of the line. Any request for land rights will include the
right to maintain the right-of-way so as to not interfere with the construction, operation and
maintenance of the transmission line and the right of ingress and egress to the right of way area.
After the Utilities Board has reviewed the petition for franchise, it may conduct a public hearing
and landowners would have a right to participate in the hearing process. If a hearing is
conducted, notice of the public hearing will be published in a Dubuque County newspaper with
county wide circulation. There is the possibility that right-of-way may be acquired by
condemnation if approved by the Utilities Board. Currently, Petitioner has not requested and
does not have the right of eminent domain in order to acquire the property rights by
condemnation. If eminent domain is requested by Petitioner, a hearing must be conducted by
the Utilities Board where the request will be considered, and Petitioner would need to show that
the property rights are needed to serve a public use. If Petitioner requests the use of eminent
domain, a notice of the public hearing will be sent to the owners of record and parties in
possession of the parcels subject to the request for eminent domain by Certified United States
mail, return receipt requested, in addition to the notice being published in an Dubuque County
newspaper with county wide circulation.
As a landowner or a party in possession of property that may be affected by the location and
construction of the described electric transmission line, you have the right to be present at an
Informational Meeting to be held at the time and place listed below. You also have the right to
file with the Utilities Board objections to the location and construction of the proposed line as
described. The Utilities Board's address is 1375 E. Court Ave., Room 69, Des Moines, Iowa 50319-
0069.
Representatives of the Utilities Board will preside at the Informational Meeting and present a
summary of the legal rights of affected landowners. Qualified representatives of the Petitioner
will be present to discuss the project and to answer questions. Persons with disabilities requiring
assistive services or devices to observe or participate should contact the Utilities Board at (515)
725-7300 in advance of the scheduled date to request that appropriate arrangements be made.
Informational Meeting to be held:
Date: March 16, 2020
Time: 5:30 p.m.
Location: Hotel Julien
200 Main Street
Dubuque, IA 52001
Dated: February 12, 2020
Neil W. Jones
Vice President — Real Estate
www.soogreenrr.com
Soo
Green
C� HVDC LINK
Health & Safety Overview
On the SOO Green HVDC Link project, safety is
our top priority both during construction and when
the transmission line is operational. The SOO
Green project will utilize direct current (DC)
technology, which enables the safest method of
power transmission today.
Installing bipolar high voltage direct current (HVDC)
transmission cables underground, in a secure,
monitored, operating railroad right-of-way limits
access and significantly reduces the risk of
accidental contact. Modern bipolar HVDC
technology is self-contained, efficient, and safe for
humans, animals, and the environment.
We are committed to being a good neighbor,
protecting and enhancing the health, safety, and
prosperity of the communities that will host our
state-of-the-art power transmission project.
Electrical & Magnetic Fields (EMF)
• Electrical fields are produced whenever voltage
exists. SOO Green's cables are insulated and
grounded on the outside layer of the cable, so
no electric field exists outside the cable.
Magnetic fields are produced when electric
current flows in a wire. Magnetic fields drop off
quickly with distance from their source. The
currents on each of the SOO Green cables
flow in opposite directions and the magnetic
fields they produce cancel each other out. The
above ground residual magnetic field will be
weaker than typical household appliances.
Stray Voltage & Induced Currents
Stray Voltage sometimes occur in AC power
systems when significant electrical currents
flow through the ground or when household
electrical systems are not properly
grounded. In contrast, all of SOO Green's
current will flow in its cables and HVDC
power line will not cause stray voltage.
AC power systems also induce currents in
individuals and objects located within their
electric fields. Since the SOO Green line
utilizes DC technology, it eliminates induced
currents caused by fluctuating voltages.
Sources: SOO Green HVDC Link Project (2020) and
Electrical and Biological Effects of Transmission Lines: A Review,
US Department of Energy (1996).
Magnetic
Fields
mill Gauss 30 40 300 700 1000
SOO Green Refrigerator Microwave Hair Circular
HVDC Link Oven Dryer Saw
Three feet above
ground surface
and 20 feet from
the po r Iines.
Soo
® Green
C� HVDC LINK
MEMORANDUM
TO:
Mayor and City Council, City of Dubuque, IA
FROM:
SOO Green HVDC Link Pro'ectCo, LLC SOO Green
DATE:
31 st October 2023
RE:
Municipal Electric Franchise
Please find attached the draft of the franchise agreement and Exhibits A-D between SOO
Green HVDC Link ProjectCo, LLC (SOO Green) and the City of Dubuque, as developed in
consultation with Barry Lindahl (Senior Counsel for the City Attorney's Office) and Steve
Sampson Brown (Project Manager and Civil Engineer at the City of Dubuque Engineering
Department).
The proposed SOO Green HVDC Link project is an approximately 350 mile underground power
transmission line to be located along transportations rights of way between Mason City (IA) and
Yorkville (IL), connecting two regional electric power grids (MISO and PJM). Approximately 8
miles of the project corridor will be located within the railroad rights -of -way of Canadian Pacific
Kansas City Railway (CPKC) and Canadian National (CN) within the municipal boundary of the
City of Dubuque (as shown in Exhibit A). The proposed project will not have any customers
within the City of Dubuque and hence will not generate any revenue within the City of Dubuque.
Iowa state statute requires SOO Green to seek an ordinance granting it the right to construct,
maintain, and operate this power transmission link through the City of Dubuque. SOO Green
has also sought and secured unanimous approvals from City Councils for electric franchise
ordinances from all twelve of the twenty-four Iowa municipalities where public hearings were
held in 2021 and 2022. On 13th September 2023, SOO Green secured approval from the Iowa
Utilities Board to pursue these activities within rural sections of the project corridor, including
segments adjacent to the City of Dubuque's municipal limits. SOO Green has negotiated and
fully executed a Power Line Agreement with CPKC and CN. SOO Green's agreement with
CPKC also includes permission to co -locate fiber conduits and junction boxes in the railroad
rights -of -way within the City of Dubuque.
SOO Green will reimburse the City of Dubuque for costs the City actually incurs to manage
SOO Green's use of the public rights -of -way within City limits. In addition, SOO Green will also
install, at its cost, fiber conduit and associated vaults to be owned, operated, and managed
exclusively by the City, along the CPKC right-of-way segment of the project corridor north of the
CN segment within municipal limits (as shown in Exhibit B).
Prior to the start of construction, SOO Green will coordinate all existing and planned
underground utility crossings, including but not limited to those shown on Exhibit C, to the
satisfaction of the City's Engineering Department. SOO Green will maintain commercial general
liability insurance coverage, or its equivalent, upon commencement of construction in the City
and continuing throughout the term of this franchise, as described in Exhibit D.
On 10th July 2021, SOO Green held a Public Information meeting on the project at Hotel Julien
in Dubuque. Once a public hearing for the franchise ordinance is scheduled, SOO Green will
work with the City of Dubuque to meet public noticing requirements for the same.
ORDINANCE NO. 50-23
ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM)
ORDINANCE GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE PURSUANT TO IOWA
CODE SECTION 364.2(4) TO CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR,
REPLACE, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, A TRANSMISSION SYSTEM FOR THE TRANSMISSION OF
ELECTRIC ENERGY AND COMMUNICATION FACILITIES AND THE RIGHT TO
CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR, REPLACE, MAINTAIN,
OPERATE, THE NECESSARY CONDUITS AND OTHER APPLIANCES OR
EQUIPMENT FOR THE TRANSMISSION OF ELECTRIC CURRENT AND
COMMUNICATION FACILITIES UNDER CERTAIN STREETS, AVENUES, ALLEYS
AND PUBLIC PLACES AND IN A CERTAIN RAILROAD RIGHT OF WAY IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA WITHIN THE CITY AS THE
BOUNDARIES ARE NOW AND MAY HEREAFTER EXIST, FOR THE PERIOD OF
TWENTY-FIVE (25) YEARS ("Franchise" or "Ordinance").
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Section 1. Introduction. There is hereby granted to SOO GREEN HVDC LINK
PROJECTCO, LLC, hereinafter referred to as "SOO Green" or the "Company," its
successors and assigns, the right and franchise to construct, reconstruct, repair, replace,
maintain and operate in the City of Dubuque, Dubuque County, Iowa, the necessary
conduits, and other appliances or equipment for the transmission of electric current and
communication facilities (collectively, the "Facilities")' and the right to construct,
reconstruct, relocate, repair, replace, maintain and operate the Facilities under the
streets, avenues, alleys and public places and in certain railroad right of way in the City
of Dubuque, Dubuque County, Iowa, in the preliminary route as shown on Exhibit A (the
"Route"), the final route to be subject to the written approval of the City Manager before
any mobilization, staging, or construction of the Facilities within the City limits. This
Franchise shall be effective for a twenty-five (25) year period from and after the effective
date defined in Paragraph 20 herein ("Effective Date"). SOO Green is also granted the
right of eminent domain as provided in Iowa Code Section 364.2(4) as reasonably
necessary to carry out the purposes of this Franchise.
Section 2. Public Meeting.
2.1 As a condition precedent to the public hearing required by Iowa law and the
adoption of this Ordinance, the Company held a public informational meeting on July 10,
2021. The meeting was held in person at the Hotel Julien in Dubuque.
I The communications facilities authorized in this paragraph are limited to communications for the Facilities,
City and/or railroad use, and are therefore not subject to the City Nonfranchised Communications
Ordinance, Title 11, Ch. 1.
022621LA
2.2 Notice of the time and place of the meeting was published in the Telegraph Herald
at least seven (7) days and not more than twenty (20) days prior to the date of the meeting.
A reasonable effort was made to notify by mail those property owners whose property is
within two hundred feet (200') of the proposed Route, prior to the meeting. The notice was
mailed not less than seven (7) days and not more than twenty (20) days prior to the
meeting.
The notices contained the following:
1. The name of the applicant.
2. The applicant's principal place of business.
3. A general description and purpose of the proposed project.
4. The general nature of the franchise desired.
5. A map showing the route of the proposed project.
6. A description of all equipment to be constructed or installed.
7. The place and time of the meeting.
8. The Company contact person and contact information for a
Company representative who will be available Monday through
Friday during the Company's business hours to respond to citizen
inquiries about the project.
Section 3. Management Fee.
3.1 The Company shall pay the City upon receipt of annual statements a management
fee for the City's management costs which are the reasonable, direct, and fully
documented costs the City actually incurs to manage the Company's use of the public
rights -of -way as provided by Iowa Code Section 480A.2(2). In lieu of an annual statement
and at the City's option, the City and the Company may agree to use an estimated fee.
3.2 The Company shall install, at its cost, fiber conduit and associated vaults described
in Exhibit B, to be owned, operated and managed exclusively by the City, along the
Canadian Pacific Kansas City (CPKC) right-of-way segments of the project corridor within
municipal limits. The Company shall be responsible for any fiber related fees charged by
CPKC. Upon reasonable notice to the Company, the City shall have access to the conduit
and vaults to repair, replace, maintain and operate the conduit and vaults. The Company
shall notify the City of any construction, reconstruction, relocation, repair, replacement, or
maintenance of the Facilities that would affect the City's conduit to permit the City to take
such action as it deems necessary to protect its conduit. The City's exercise of its right
to repair/replace co -located fiber may not interfere with rail operations or with operations
of the SOO Green Facilities.
3.3 Payments to City. All invoice payments required by this Ordinance shall be made
payable to "The City of Dubuque, Iowa" and delivered to the City of Dubuque Finance
Department, City Hall. Any payments due not paid in full by the due date shall be subject
to the lesser of the maximum interest provided by law or 1 % per month.
2
Section 4. Utilities.
4.1 Water Utilities. Prior to the commencement of any construction, the Company shall
work with the City Engineer and the Water Department to maintain adequate separation
from existing facilities to avoid interference and to minimize the risk of relocation of the
Facilities. The Company will seek to maintain a vertical depth of not less than six (6) feet
separation and a horizontal separation of not less than ten (10) feet from any City water
main. These distances can be reduced only if approved by the City Engineer. When
crossing or running parallel to a City water main, the water main shall be potholed by the
Company for field verification before installation of the Company conduit. Areas of
concern include but are not limited to those shown on Exhibit C.
4.2 Other Utilities. Prior to the commencement of any construction, the Company shall
coordinate on all construction of the Facilities to the satisfaction of the City Engineer to
minimize the impact on all other public and City utilities.
4.3 Damage to City Utilities. The Company shall reimburse the City for all costs and
damage to City utilities caused by SOO Green's construction, reconstruction, relocation,
repair, replacement, operation or maintenance of the Facilities promptly upon receipt of
a statement of such costs and damages from the City. The Company shall not be
responsible for any costs and damage to the City caused by the City's negligence or willful
misconduct.
Section 5. Indemnification.
5.1 The Company shall indemnify, defend and hold City, its officers and employees,
harmless from and against any and all claims, demands, losses, damages, cost and
expenses (including, but not limited to, court costs, fines, penalties and reasonable
attorneys' fees, but excluding consequential or indirect damages), judgments, liabilities
and causes of action of any nature whatsoever resulting from or relating to its negligent
acts or omissions in the use or occupancy of the streets, avenues, alleys and public
places in the City, a material breach of this Franchise, or arising in any manner out of the
negligent acts or omissions of its agents, employees, or contractors in connection with
same, or with respect to the violation of any laws, including without limitation, any
environmental laws. The Company shall indemnify and defend the City for, from and
against any and all mechanics' liens and other liens and encumbrances filed by any
person claiming by, through or under the Company and against all costs, expenses,
losses and liabilities (including reasonable attorneys' fees) incurred by the City in
connection with any such lien or encumbrance or any action or proceeding brought
thereon. For avoidance of doubt regarding the scope of this indemnification, the
Company shall not be responsible for any costs and damage to the City caused solely by
the City's negligence or willful misconduct.
5.2 The Company shall maintain commercial general liability insurance coverage, or
its equivalent, upon commencement of construction in the City and continuing throughout
the term of this Franchise as described in Exhibit D, as such schedule may reasonably
3
be amended from time to time by the City, provided however that any new requirements
will not exceed the requirements imposed on any other utility operating within the City,
are commercially available, and reasonably obtainable. The Company's failure to meet
the insurance requirements shall not relieve the Company of its responsibilities under this
Franchise. Upon proof of financial responsibility to the reasonable satisfaction of the City,
the Company may be allowed to self -insure the coverages required. The Company shall
provide the City with certificates of insurance or letter of self-insurance, subject to the
approval of the City in its sole discretion, upon request.
5.3 The requirements of indemnification shall not be a waiver of any right that the City
would have to assert defenses on its own behalf under state or federal law. The
Company's indemnification obligations under this Franchise shall survive the expiration,
cancellation, or termination of this Franchise in accordance with applicable statutes of
limitation in force within the state of Iowa.
Section 6. Relocation.
6.1 The Company shall, at its cost and expense, locate and relocate its Facilities in,
on, over or under any public street or alley or other public place in the City in such a
manner as the City may at any time reasonably require for the purposes of facilitating the
construction, reconstruction, maintenance or repair of the street or alley or any public
improvement of, or public improvement, in or about any such street or alley or reasonably
promoting the efficient operation of any such improvement ("City Project"). 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.
6.2 The City and the Company desire to minimize, to the fullest extent possible, the
risk that any of the Facilities would require relocation for the purposes of a future City
Project. The City has reviewed Exhibit A and used its best available information to
identify any areas where a City Project may occur during the term of this Franchise and
could potentially result in a Facilities relocation. The City and the Company will work
together to revise the location of the Facilities prior to construction to reduce the risk of
any conflict. For future City Projects, the following will apply:
a. In developing a City Project, the City shall consider reasonable alternatives so
as not arbitrarily to cause the Company unreasonable additional expense.
b. If there is a potential conflict between a City Project and the Facilities, the City
and the Company will work together to identify alternatives that would avoid
relocation of Facilities. When such alternative is available, SOO Green will
have the option to pay the incremental cost, if any, associated with the
alternative to avoid relocation and the City will implement that alternative if SOO
Green so elects.
c. If a relocation of Facilities cannot be avoided, the City will provide a reasonable
alternative location for the Company's facilities within City right-of-way. The
Company shall be solely responsible for any additional cost to the City as
Ii
determined by the City Engineer in the City Engineer's sole discretion for
providing such alternative location. If the alternative location the City can
provide within the City right-of-way is not acceptable to the Company, the
Company is granted the power of eminent domain to acquire the land rights
necessary to relocate the Facilities to a suitable location. The Company will not
be required to deactivate and relocate existing Facilities until the relocated
Facilities are operational.
6.3 If the City orders or requests the Company to relocate its Facilities for the primary
benefit of a commercial or private project, or as the result of the initial request of a
commercial or private developer or other non-public entity, the City shall require advance
payment to the Company for all construction and transactions costs and the provision of
an alternative location for the Facilities of such relocation from such developer or other
non-public entity as a precondition to relocating the Facilities. If such pre -payment is
made, the Company will not be required to deactivate and relocate existing Facilities. The
Company will not be required to deactivate and relocate existing Facilities until the
relocated Facilities are operational.
6.4 The City shall give the Company reasonable advance written notice to vacate a
public right-of-way. Vacating a public right-of-way shall not deprive the Company of its
right to operate and maintain existing Facilities within the vacated right-of-way and the
City shall grant the Company a utility easement in the vacated public right-of-way until the
City orders or requests the Company to relocate its Facilities. If such relocation is for the
primary benefit of a commercial or private project, or as the result of the initial request of
a commercial or private developer or other non-public entity section 6.3 of this Franchise
shall control. If the relocation is for a City Project, Section 6.2 shall control. 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 and consistent with
Section 6.2.2
Section 7. System Plans And Maps.
7.1 The Company shall apply to the City Engineering Department for a permit for work
performed in the City's right-of-way in accordance with the City's regulations. Mapping
information will be used solely and exclusively by the City in administering the use and
occupancy of the public right-of-way within the City and shall not be provided to or relied
on by any person for any other purpose. At the request of the City, mapping information
will be reviewed with the City staff. 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
2 Note: IPL 11-5A-5. 11-513-5 City Vacation of Property.
5
public or other entities if the Company certifies that 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 C.F.R. § 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 at the
City's option 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. Prior to any excavating in the rights -of -way, both parties shall
follow the procedures set forth in Iowa Code Chapter 480 or an entity with a similar
function utilized by both the City and the Company, currently the Iowa One Call System.
7.2 For emergencies, the Company may proceed with the work without first applying
for a permit, provided, however, that the Company shall apply for and obtain a permit as
soon as practicable after commencing such work.
7.3 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 8. Annual Planning Meeting. The Company operations staff will, at the
request of the City, attend an annual meeting with the City Engineering Department and
other interested city personnel to discuss utility reliability standards, including
comparisons to regional and national reliability statistics, annual and long-term
construction coordination planning for the Company and City and other related items. This
will not replace any periodic meetings needed on specific projects and issues. The City
also holds monthly utility coordination meetings. The City shall timely provide the
Company with minutes of the monthly meeting and the Company will timely review and
notify the City of any potential conflicts a proposed project may have on the Facilities.
Notwithstanding the foregoing, the City Engineer may require a Company representative
to attend any monthly meeting where the subject of the meeting may include a proposed
project which may significantly affect the Facilities. SOO Green will notify the City of its
point of contact for monthly meeting minutes and the annual planning meeting at least 30
days prior to commercial operation date.
Section 9. Reliability. The Company will maintain compliance with applicable
National Electric Safety Code, Iowa Utilities Board regulatory standards and North
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American Electric Reliability Corporation standards.
Section 10. Non -Exclusivity. The franchise granted by this Ordinance shall not be
exclusive. The City shall not, however, grant a subsequent franchise that would impair,
obstruct, or diminish the franchise rights of the Company under this Ordinance.
Section 11. Emergency Training, Participation And Communication. The Company
will maintain a twenty-four (24) hour contact with City of Dubuque Police Dispatch or other
emergency management contact for emergency communications. The Company shall
provide training on safety matters related to the Facilities upon the request of the Fire
Chief.
Section 12. Corporate Philanthropy. On an annual basis, the Company will provide
notice to the City Manager of whether the Company has any grants or other corporate
giving opportunities for which the City of Dubuque or businesses located in may be
eligible.
Section 13. Publication Expenses. The expense of the publication of this Ordinance
shall be paid by the Company.
Section 14. Repeal Of Conflicting Ordinances. All ordinances, or parts of ordinances,
insofar as they are in direct conflict herewith, are hereby repealed.
Section 15. Compliance With City Ordinances. The Company shall, to the extent not
inconsistent with the terms of this Franchise, at all times during the term of this Franchise
ordinance conform with, submit to, and carry out the provisions of any and all valid
ordinances existing or as hereafter lawfully enacted relating the City's exercise of its
police powers.
Section 16. Dispute Resolution. The City and the Company agree to attempt to
resolve any dispute or disagreement which is not a material breach arising under or in
connection with this Ordnance in good faith through discussion between their authorized
representatives. If they are unable to resolve any such dispute within thirty (30) calendar
days from the date on which either the City or the Company delivers to the other written
notice of such dispute, then senior management designees for the City and the Company
shall discuss the matter in an attempt to resolve the dispute or disagreement. In the event
the senior management designees are unable to resolve any such dispute within thirty
(30) calendar days, the City and Company agree to try in good faith to settle the dispute
by mediation prior to, and as a precondition to, commencing any litigation. The City and
Company will bear their own attorneys' fees, expert witnesses' fees, costs and expenses
in the mediation. The mediation shall be in Dubuque, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
Section 17. Material Breach. Either the City or the Company may terminate this
Franchise if the other party shall be materially in breach of its provisions. Upon the
7
occurrence of a material breach, the nonbreaching party shall provide the breaching party
with notification by certified mail specifying the alleged breach. The breaching party shall
have sixty (60) days to cure the breach, unless it notifies the nonbreaching party, and the
parties agree upon a longer period for cure. If the breach is not cured within the cure
period, the nonbreaching 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 18. Closing. This Franchise ordinance sets forth and constitutes the entire
agreement between the Company and the City of Dubuque with respect to the rights
contained herein, and may not be superseded, modified or otherwise amended without
the approval and acceptance of the Company.
Section 19. Severability. If any of the provisions of this Franchise are for any reason
declared to be illegal or void, the lawful provisions of this Franchise, which are severable
from said unlawful provisions, shall be and remain in full force and effect, the same as if
the Franchise contained no illegal or void provisions.
Section 20. Effective and Binding. This Ordinance and the rights and privileges herein
granted shall become effective and binding upon its approval, passage in accordance
with Iowa law, the written acceptance by the Company, publication, and notice by the
Company as provided below. The City shall provide the Company with an original signed
and sealed copy of this Ordinance within ten (10) days of its final passage. The Company
shall, within sixty (60) 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 and Company acceptance, this
Ordinance shall be published in accordance with the Code of Iowa. The Effective Date of
this Ordinance shall be the earlier of (a) the date the Company provides written notice to
the City Manager that any mobilization, staging, or construction of the Facilities will
commence within the City limits or (b) December 31, 2026.
Section 21. Vegetation Management. The City agrees not to plant any trees directly
above the Facilities. The Company is authorized and empowered to prune or remove at
Company expense, any tree extending into any street, avenue, right-of-way, alley, public
place or public ground that the company determines, in its sole discretion, that will
interfere with the construction or safe operation of the Facilities. For every tree that SOO
Green removes that is more than 6 inches in diameter, the Company shall pay the City
upon invoice the sum of three hundred fifty dollars ($350.00) 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. The "CPI Adjustment' shall
be a fraction expressed as a decimal, the numerator of which shall be the Current CPI
minus the Prior CPI and the denominator of which is the Prior CPI, or 3% whichever
2
amount is less. The "Current CPI' is the latest CPI published prior to the anniversary date
of the Effective Date. The 'Prior CPI' is the CPI published in the immediately preceding
calendar year for the same month as the Current CPI. The term "CPI' shall mean the
"Consumer Price Index for All Urban Consumers (CPI-U)" published by the Bureau of
Labor Statistics of the U.S. Department of Labor, All Items (1982-84=100), U.S. City
Average, or any successor index thereto, appropriately adjusted. If the CPI ceases to be
published and there is no successor thereto, such other government or nonpartisan index
or computation shall be used which would obtain a substantially similar result as if the
CPI had not been discontinued.
Section 22. Public Places: "Public places" means any property owned by the City.
Section 23. No Other License Required: Dubuque City Code § 11-6 is inapplicable to
the Company and the Facilities as proposed.
Section 24. Assignment: No sale, assignment or lease of this Franchise shall be
effective until it is approved by the city council and after the Company has filed in the
office of the city clerk written notice of the proposed sale, transfer, disposition or
assignment, such notice to clearly summarize the proposed procedure and the terms and
conditions thereof. Such approval by the city council shall not be unreasonably withheld.
The proposed vendor, assignee or lessee shall similarly file an instrument, duly executed,
reciting such proposal, accepting the terms of this Franchise and agreeing to perform all
the conditions thereof. This provision shall not apply, however, to collateral assignments
in connection with a project financing of the project.
Section 25. Notices: Any written notice required by this Franchise shall be sent by first
class mail to the persons and addresses below.
For SOO Green
Raj Rajan
Vice President -- Project Development
SOO Green HVDC Link ProjectCo, LLC
1600 Utica Ave S, 9th Floor
St. Louis Park, Minnesota 55416
For the City of Dubuque
City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
with copy to:
p
City Attorney
City Hail
50 West 13th Street
Dubuque, Iowa 52001
Section 26. Renewal: The City and the Company will meet at least 12 months prior to
the expiration of this Franchise to discuss renewal of the Franchise.
,r, 7 ;)
PASSED AND APPROVED this ::; J day of 2023.
CITY OF DUBUQUE, IOWA
s r�
By:
Brad M. Cav a gh, Mayor
ATTEST:
G�e&i2::A1147
Adrienne N. Breitfelder, City Clerk
I, Adrienne N. Breitfelder, City Clerk of the City of Dubuque, Iowa, hereby certify that the
above and foregoing is a true copy of Ordinance No. -.So - R3 , passed by the City
Council of said City at a meeting held Ncverqher 3() , 2023, and signed by
the mayor on the 0' day of Nevv4er , 2023, and published as provided by law
on Hecember, S , 2023.
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(OFFICIAL Sf*i'',�,• • •-y
City Clerk
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EXHIBIT A
PRELIMINARY ROUTE
ENCLOSED HEREWITH
III
EXHIBIT B
CITY CONDUIT
ENCLOSED HEREWITH
12
EXHIBIT C
WATER MAIN CONCERNS
ENCLOSED HEREWITH
13
EXHIBIT D
INSURANCE
ENCLOSED HEREWITH
14
ACCEPTANCE
SOO Green HVDC Link ProjectCo, LLC hereby accepts for itself, its lessees,
successors and assigns, all of the terms, conditions and provision of Ordinance No.
5b - 23, passed by the City Council of the City of Dubuque, Iowa on the 267�L day
of #JovcmkWp , 2023, granting a franchise to SOO Green HVDC Link ProjectCo,
LLC .
Dated this a N4 day of �)�(ht�qg _, 2023.
SO{
15
SOO Green Franchise
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DMC (Grey)
5. Panels
PP, UV stabilised - colour black
Slack bracket
PP
Dome closure bracket
PP
Loading Class As per
EN124 Weight (Europe
A15 - 15kN B125 - 125kN C250 - 250kN
Loading class SAGS (Africa)
LD - .7kN MD - 40kN HD - 135kN
Loading Class USA
Tier 15, 22 and HS20 Load classes
Dimensions
Drawings on request
Multiport Advantage
Duct port with 50mm and
11 Omm Duct forms sand
Rubber Grommet allows
Rubber Grommet allows
1 10mm knock -out.
fight seal in the port.
sand fight seal with
sand tight transition to
Multiduct.
Microducl.
No foaming or sealing agents
required for system integrity.
No tools required.
Loading Qty's
(product code)
18m Link
6m (20') Container
12m (40') Container
axs900R 450
On request
On request
On request
oxs900R 900
64 Units (Assembled)
54 units (Knock -Down)
108 Units (Knock -Down)
axs900R 1350
On request
On request
On request
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Exhibit C
EXHIBIT C
1. Lincoln Avenue (north of): Proposed electric line behind Well House #6.
2. Lincoln Avenue: Proposed electric line will cross City 6" diameter domestic water main (pressure zone #1,
no casing).
3. Water Treatment Plant:
a. Proposed electric line will run parallel with City's 12" diameter well #6 supply main (no casing) and
cross 16" diameter Well #6 supply line (no casing).
b. Proposed electric line will cross City's 24" diameter (pressure zone #1, no casing) domestic water
main.
c. Proposed electric line will cross City's 12" diameter (pressure zone #2, no casing) domestic water
main.
4. Hawthorne Street:
a. Proposed electric line will cross City's 20" diameter Well #5 and #7 supply main. Will also run on
top/parallel to 20" main south of Hawthorne Street.
b. Proposed electric line will cross City's 24" diameter (pressure zone 41, no casing) domestic water
main.
c. Proposed electric line will cross electric power supply and SCADA lines (from Water Treatment Plant
to Well house #S and #7),
5. Fengler Street (Bridge): Proposed electric line will cross City's 12" diameter (pressure zone #1, no casing)
domestic water main.
6. Johnson Street: Proposed electric line will cross City's 10" diameter (pressure zone #1, no casing)
domestic water main.
7. East 16th Street: Proposed electric line will cross City's 12" diameter (pressure zone #1, no casing)
domestic water main.
8. East 151h Street: Proposed electric line will cross City's 6" diameter (pressure zone #1, no casing) domestic
water main. Note: east side of tracks has a private 1-1/4" copper water service line.
9. East 14th Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, with casing)
domestic water main,
10. East 13t" Street: proposed electric line will cross City's abandoned 6" water main.
11. East 121h Street: proposed electric line will cross City's 6" diameter (pressure zone #1, no casing) domestic
water main.
12. East 1P Street: Proposed electric line will cross City's 20" diameter (pressure zone #1, no casing)
domestic water main.
13. East 9'h Street: Proposed electric line will cross City's 6 diameter (pressure zone #1, no casing) domestic
water main.
14. East 811' Street: Proposed electric line will cross City's abandoned 12" water main.
15, East 71h Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, no casing) domestic
water main.
16. East 61h Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, no casing) domestic
water main.
17. East 51h Street: Proposed electric line will cross City's 12" diameter (pressure zone #1, with casing)
domestic water main.
18. Ice Harbor Drive: Proposed electric line will cross City's abandoned 10" water main.
19. East 3rd Street: Proposed electric line will cross City's abandoned 6" water main.
20, 21d Street @ Ice Harbor Drive: Proposed electric line will cross City's 12" diameter (pressure zone #1, with
casing) domestic water main.
21. East 1st Street: Proposed electric line will cross City's 8" diameter (pressure zone #1, with casing) domestic
water main.
22. Jones Street: Proposed electric line will cross City's 6" diameter (pressure zone #1, with casing) domestic
water main.
23. Railroad Avenue —Terminal Street: Proposed electric line will cross City's 6" diameter (pressure zone #1,
no casing) domestic water main.
SOO Green Franchise Exhibit C, p. 1
• . .. r4wq-;Ml
Exhibit D
EXHIBIT D
1. SOO Green HVDC Link ProjectCo, LLC ("Company") shall furnish a signed certificate of
insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to construction
of the Facilities in the City of Dubuque. Each certificate shall be prepared on the most current
ACORD form approved by the Iowa insurance Division or an equivalent. Each certificate shall
Include a statement under Description of Operations as to why the certificate was Issued. Eg:
SOO Green HVDC Link ProjectCo, LLC Franchise Agreement dated _ ("Franchise").
2. All policies of insurance required hereunder shall be with an Insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M, Best's Rating Guide.
1 Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The Company shall be required to carry the minimum coverage/limits, or greater if required by
law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall
not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of this
agreement.
8. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced an equivalent ISO form or manuscript form is
permitted.
8. Company 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.
Company agrees that It shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Company.
9. Company shall be responsible for deductiblos/self-Insured retention.
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 $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01, or Business owners form BP 00 02, shall be clearly
identified.
2) include endorsement indicating that coverage is primary and non-contributory.
3) include Preservation of Governmental Immunities Endorsement (Sample
attached).
4) 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
SOO Green Franchise Exhibit D, p. 1
C)
a
E)
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or Its equivalent.
5) Policy shall include Waiver of Right to Recover from Others endorsement.
WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees Injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory --State of Iowa
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 Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess Insurer.
OR
Nonelecticn of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22. Completed form must be attached.
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 job site 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) or its equivalent and CG 20 37(competed operations).
3) Include Preservation of Governmental Immunities Endorsement,
4) Provide evidence of coverage for 5 years after completion of project.
PROFESSIONAL LIABILITY $1,000,000
Coverage required: _yes X no
1) Provide evidence of coverage for 5 years after completion of project.
CYBER LIABILITY/BREACH $1,000,000
Coverage required: _yes X no
SOO Green Franchise Exhibit D, p. 2
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 $10,000,000
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation and Primary and Non-contributory In favor of the
City.
G) RAILROAD PROTECTIVE LIABILITY
Coverage required: X yes _no
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or Indemnification of the
railroad is required, shall require evidence of the following additional coverage:
Railroad Protective Liability:
$5 million each occurrence (per limits required by Railroad)
$5 million policy aggregate (per limits required by Railroad)
AND/OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of Insurance.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
If commercially available, SOO Green HVDC Link Projectco, LLC shall obtain an endorsement for the
preservation of governmental immunities containing the following provisions:
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, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraae 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 Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
8. ssertiop of av r ment Immunl yThe City of Dubuque, Iowa 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.
SOO Green Franchise Exhibit D, p. 3
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, Iowa 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, Iowa.
No Other Change In Policy. The above preservation of governmental Immunities shall not otherwise
change or alter the coverage.
S00 Green Franchise Exhibit D, p, 4
CITY OF DUBUQUE, IOWA
OFFICIAL. NOTICE
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL. OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE PROPOSED
ADOPTION OF AN ORDINANCE GRANTING TO SOO GREEN HVDC LINK
PROJECTCO, LLC, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND
NON-EXCLUSIVE FRANCHISE TO MAINTAIN AND OPERATE AN ELECTRIC
FRANCHISE (TRANSMISSION SYSTEM) IN THE CITY OF DUBUQUE, IOWA, FOR A
PERIOD OF 25 YEARS
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque,
State of Iowa, will meet on the 20TH day of November, 2023, at 6:30 o'clock P.M., at the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City
Council proposes to consider the adoption of an Ordinance granting to Soo Green the
right and non-exclusive franchise to maintain and operate an electric franchise
(transmission system) in the City of Dubuque for a period of twenty-five years.
A copy of the proposed Ordinance Is on file at the Office of the City Clerk, City Hall,
West 13th Street, Dubuque, Iowa and may be viewed Monday through Friday between
8:00 a.m. and 5:00 p.m..
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options. The City Council agenda
can be accessed at https:/Icityofdubuque,novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@oityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 131h St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can
use Relay Iowa by dialing 711 or (800) 735-2942.
This Notice is given by order of the City Council of Dubuque, Iowa, as provided by
Sections 364.2(4) and 362.3 of the Code of Iowa, as amended.
Dated this day of 2023.
Adrienne N. Breltfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
11/10/2023
and for which the charge is 45.26
Su scribed to befo e me, a Notary Publi and for
Dubuque County, Iowa,
this loth day of November, 2023
C�� K� a �
Notary lic in and for Dubuque lCounty, Iowa.
IANET K.PAPE
e„i 9
o� 'z y
Commission Number 7996
My Commission Expires
v^
t2111121)25
1 i
Ad text: CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE PROPOSED ADOPTION
OF AN ORDINANCE GRANTING TO SOO GREEN HVDC LINK PROIECTCO,
LLC, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON*EXCLUSIVE
FRANCHISE TO MAINTAIN AND OPERATE AN ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM) IN THE CITY OF DUBUQUE, IOWA, FOR A
PERIOD OF 25 YEARS
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, State of Iowa, will meet on the 20TH day of
November, 2023, at 6:30 o'clock P.M., at the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting
the City Council proposes to consider the adoption of an
Ordinance granting to Soo Green the right and non-exclusive
franchise to maintain and operate an electric franchise
(transmission system) in the City of Dubuque for a period of
twenty-five years.
A copy of the proposed Ordinance is on file at the Office of
the City Clerk, City Hall, West 13th Street, Dubuque, Iowa
and may be viewed Monday through Friday between 8:00 a.m. and
5:00 p.m..
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPubhe/ or by
contacting the City Clerk's Office at 563-589-4100,
etyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or(800) 735-2942.
This Notice is given by order of the City Council of
Dubuque, Iowa, as provided by Sections 364.2(4) and 362.3 of
the Code of Iowa, as amended.
Dated this 6th day of November, 2023.
Adrienne N. Breitfelder,
CMC, City Clerk
It 11/10
SOO Green HVDC Link
ProjectCo, LLC
Public Hearing, City of Dubuque
November 20, 2023
."
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ON
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P "a: r�7!h;t
Connecting Regional Wholesale Electricity Markets
mise"',
SOO GREEN will source low-cost, renewable
generation from MISO, which serves 15
midwestern states and 42 Million customers
Page 2
.01
SOO GREEN will interconnect on a robust
point in the ComEd zone of PJM, which serves
13 eastern states and 65 Million customers
SOO
c��G reen
Project Need
WIND SPEED(mis)
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Page 3
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SOO
c��G reen
Project Intro Video (also found on www.soogreen.com)
Page 4
i SOO
c��G reen
Development and Implementation Team
The SOO Green HVDC Link Project includes the very best experts and experienced investors in the industry on
inter -regional and underground power transmission to support successful development, construction, & operation.
CIP energy ReP..
COPENHAGEN INFRASTRUCTURE PARTNERS
PPL Electric Utilities
SIEMENS �0r
enersy Mortenson
JINGOLI POWER
r---PRYSMIAN
CABLES & SYSTEMS
---------------------- # - - - - - - - - - - - - -
1 1 1CJ\J
1 'Omnir
1 1 1
ICPKC,; -------------
1 i 1 1
1
RAILWAY
POWER
ENGINEERS
Page 5
HUTCH
[ nall, Soo
Green
HVDC LINK
Project Specifications
MISO Terminal
North Central Iowa
Location
PJM Terminal
North Central Illinois
Location
HVDC Converter
Siemens 525kV VSC
Technology
Cable Technology
525 kV XLPE
Transmitted Power /
2100 MW / 2035 MW
Net of losses
Construction Start
2025
Construction End
2029
Mason City
MINNESOTA
ndz6
IOWA
Ceder Rapids
Da
- - Flagg Certer.
I—ap r
Derenpol
ILLINOIS
Sub-Gticn Proposed IWCC Cen.enine
�1 G]a of k�terest O Commonvr��Edlsrn Servi��rea
Page 6
WISCONSIN
Madison
Rockford
Byron Maj.
Pddira.Hdglh
SYd'u
I Junction Elgin
G`e °
Sugar Grove No I;ervlllz Chicago
wmgkfiA
$7 �iarOrO - Hammord co-,
Plano lnlieE
substation c
a
Aibro ukee
ymasha
'Jr'auk�on
SOO Green Renewable Rail
HVD(TTansmission Line Project
Iowa and Illinois
SOO
Green
HVDC LINK
Development Phase Environmental Reviews
U.S.
FISH & WILDLIFE
SERVICE
,*A, I
Lead Federal Agency
(Waters of the United States Jurisdiction)
National Environnemental Policy Act (NEPA) documentation
Biological Resources
Endangered Species Act (Section 7)
Federal Agency Consultation \
IOWA DEPARTMENT OF STATE HISTORICAL
CULTURAL AFFAIRS SOCIETY OF IOWA
IA Cultural Resources
National Historic Preservation Act (Section 106)
IA SHPO Consultation
g Soo
)- Green
C" HVDC LINK
IL Natural Resource
ILLINOIS
Reviews
Illinois Endangered Species Protection Act
Illinois Natural Areas Preservation Act
3 Interagency Wetland Policy Act
I�1 Project submitted to and evaluated in
DEPARTMENT OF
NATURAL Ecological Compliance Assessment Tool
RESOURCES
Page 7
p IOWA DEPARTMENT OF
NATURAL RESOURCES
Biological Resources
Environmental Review for Natural Resources
/Listed endangered or threatened species
I LLIN6IS
HISTORIC
ee
°'•� DIVISION
NAi U RAt
RFR44RCk5
IL Cultural Resources
National Historic Preservation Act (Section 106)
Illinois State Agency Historic Resources
Preservation Act (Section 707)
IHPA Consultation
Soo
Green
HVDC LINK
Development Phase Permits
Federal Water Quality
Clean Water Act (Section 404)
Ambient Water Quality Permit
Federal Navigable
Waters
Rivers and Harbors Act (Section 10)
Permit for construction of any
structure in, over, or under
navigable waters
Federal Civil Works
Rivers and Harbors Act Section 14
Codified under 33 USC 408 (Section 408)
Permit to Alter Federal Civil Works
Iowa Utilities Board
Electric Franchise
Permit To Construct and Operate
Transmission Lines Outside Municipal
Boundaries
g Soo
)- Green
C" HVDC LINK
@EO
IOWADEPARTMENT OF
NATURAL RESOURCES
IA Environmental
Clean Water Act (Section 401)
Water Quality Certification,
/ Antidegradation and Outstanding State
Waters, Floodplain Development
THE CITY OF
DUB E
Masterpiece an the Mississippi
Municipal Franchises
Permits To Construct and Operate
Transmission Lines in IA Municipalities
4aIllinois Environmental
Protection Agency
IL Environmental
Clean Water Act (Section 401)
Water Quality Certification,
Public Water Permit,
Floodway Permit)
ILLINOIS
11.1
E7
DEPARTMENT OF
NATURAL
RESOURCES
SOO
Green
HVDC LINK
The Iowa Franchise Process
IA law provides the Iowa Utilities Board with regulatory/permitting authority over
transmission projects in non -incorporated areas of the state;
• IA law provides governance of utilities in incorporated jurisdictions through a municipal
franchise process;
• Most utilities provide a service (electricity, cable, internet) to local rate paying
customers, thereby generating revenue for the utility;
• SOO Green is unlike most utility projects in that there is no service provided to local
rate paying customers and no revenue is generated in a local incorporated jurisdiction;
• Local jurisdictions that have granted a franchise to a utility previously may have
charged a "fee" for the privilege of gaining access to local customers and the revenue
that may be generated; SOO Green does not have local customers that generate any
revenue within an incorporated jurisdiction therefore a franchise "fee" is not applicable;
• A local jurisdiction may expect to be compensated or reimbursed for reasonable costs
and expenses associated with the granting of the franchise i.e. attorney costs,
publication of legal notices, etc.; the local jurisdiction may incorporate such costs and
expenses into the franchise agreement;
• SOO Green is committed to supporting communities along the project corridor with
their infrastructure priorities that will interact with or are complementary to the project.
Page 9
SOO
Green
HVDC LINK
Route in Iowa (Rural Areas and Municipalities)
Iowa
Winneshiek Allamakee k -
r t County , County •r i _ — - --_
-
Gordo Floyd
County n
County County
Ciayton
SOO
Green 1punty
i (4) 1 - raen:�akawua+ -
NVOC IIAK -
d Armor+o.ee Hasse
Project Route wratroaanyabf- ,.
0 10 20 Miler �I
v
Legend -
Proposed SOO Green HVDC Route ' S�
R
-�� State Boundary -
~0,
County Baundary
Major Roads
I
--- Railroad
Sceoc Byway
Cxisnng Transmission Line
Waterhady _ _ -
OcherConservationLands -
U9W5 National Wildlife Refuge,
Simplified Interest Boundary
_ ACOE Ix]I7 -
Army DOD-
IndianReservationsBlA
National Monument
Municipal Boundaries
Y
i'
Wisconsin
V
lfinois�f
Do que 4-
County -- - .
r Jackson
' County
Note 'order C.ar}erwtivn Lands }
itdy,des data frorn thme separate so:p'... _
r
40 Franchise Agreement Approved & Fully Executed Franchise Agreement Pending
IUB Franchise for the
rural segments of SOO
Green's project corridor
approved: 13 Sep 2023
Municipalities
•
Nora Springs
•
Rudd
6
Charles City
•
Bassett
•
Ionia
•
New Hampton
•
Lawler
•
Jackson Junction
•
Fort Atkinson
e
Calmar
•
Ossian
•
Castalia
•
Postville
•
Luana
•
Monona
0
Marquette
0
McGregor
+
Clayton
•
Guttenberg
•
North Buena Vista
•
Dubuque
•
Bellevue
•
Sabula
Page 10
Project Corridor in Dubuque County
,rsi fi
.2
T91 N R016 - "-'«������"•���L•,=.Y%:`,gF., . i• � ,
T91N'2 -. = 13
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//.
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20
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Soo T89N R02E « 5 Y V 3 —
Legend -Asbury 5`i. i _ �� `1
Green �— t c 2.
Proposed 50D Green HVQC Route 1 . _, ' - ,i ? P-
Project Notice --, state Boundary , East !�! Menominee T29N RO'
Corridor 2 Dubuque +
Cou my Bou ndary y', 1 iy _
Major Roads ` , ;- �.. `,., , r 35
-Dubuque _ .,, , 33 34
RailroadSrenic
y ney . __� • may' µ y & 5
Existing Transmission Line _ _ �41- ' !�f; T28N R01W S
NotKe Corridor
�� Lf :'ER A1155755.�.g 1i�4ER aJ
Water6�,,yy,� ° ! '; , Collawty ! I wrb. �wna Galena
�___, Municipal Boundaries 14 /-'r
_ Other Conservation Lards 02E � �- �i�w. i_i
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®�_ . , c ° - 1 G eurq, T88N R03E
Simplified interest Boundary includes`atafromthreesiparatesources --
4 1 xThe Natur}e,6meneancyLan
24Ils Township &RarTeBoundary a*ds4.
owa(omevaoreationLads �� •
w th u h lic Access in the State of bxe , and
f u,=2.59mnks _ _I Section Boundary Pi 7-+
theNational6rtse-rvationE emenrQatahar. '.
r - i T88 \ .
Page 11
Dubuque County- North of the City of Dubuque
Filed with the Iowa Utilities Board on October 29, 2022, E•22436
�.
29 28 27 ` 12 C \. }
36
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33
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33
- � !mr,la.,l►... ,tit .�
6 Mph aar 4
• - � ren .Qam.,w1.:.Awr - - .---ice —.. -
* Swan" 16 Exhibit 6
x�mastaynn-�rrmcgc
• ,r ��3s�r�eir� � ��� �� t� .,�.mm�r�a� Pace 3 nt 5
_ : ; ritur tYq��Ft s t FA Effi W111, 111 y
...etr w13IS P
4w
��� Page 12
Dubuque County- South of the City of Dubuque
Filed wills the Iowa Utilities Board on October 22. 2022, E 22436
17 16 15 4•..�+...�.+.�....,.x 20 TIN R2W ,.33 34
I{' - 35 _
Ii 4
l24 54 19 r . 1722
7 G
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roe r:wk T89N R03E • j
20
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2E 27 fit.
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36
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r\-
34
/
A
f s l ai `4Aa 40M1
F$8N 803E
7
svumAn
.. 37]
a� 0e1ut9at` ,�
Exhibit B
Page4 of 5
��� � ���x •... : , .:.
a
a..
�
$60 GreeoHURC li
Dubuque County,
1.500
3.000 sao
F�
��� � Green
Page 13
City of Dubuque
T90N ROI E 32 34 a •:' .. =. 35 36 17
T9ON RUE 33 ., 4:,. 18 16 t5
19
rz 5 4 1. zl 22 T1N RZW
20
r� __ try .•►r�/ tiQ2E 7
12 t!
f 9 ss•• � � }r 29 n
pe
/��' � � r i T � -' r ._ S. � ^�•.�i.,- r fir:
15 14 'a
16
17
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20 Jr 32 ... .
T89N RO1 E 2;
21
22
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15 `` 141
SOO Green HVDC Link
Aprgect "WfIdor i)uhllquP
Dubuque Cotjw�. Iom
D 2,003 4.00 SOO
1 Green
Page 14
Fiber Colocation in CPKC ROW Segments: Conduits & Vaults
of Dubuque
II fiber at IatE
,s as neede
:)nnecting to
existing and ne
city-wide netwo
through vaults.
Page 15
SOO
Green
HVDC LINK
Economic Impact Summary
Communities along the project corridor will benefit from this project in many ways:
• SOO Green will generate over $2.2 billion in economic output, create thousands of jobs
and positively impact economic activity throughout the Midwest.
• The SOO Green project will create over 12,000 jobs during construction and more than
75 jobs for maintenance and operation.
• The project represents an additional economic output of about $1 billion in Iowa from
the transmission construction.
• SOO Green will generate revenue for local jurisdictions throughout its expected 50+
year lifespan- supporting public amenities like roads, emergency services, and schools.
• Community benefits (local economic impact):
• Dubuque County (all taxing districts) — more than $5.6 Million in total tax revenue over the first
25 years of operation of the project, for all entities within the county
• Dubuque County — more than $1.9 Million in total tax revenue over the first 25 years of
operation of the project
• Dubuque Community School District — more than $2.9 Million in total tax revenue over the first
25 years of operation of the project
• City of Dubuque— more than $472K in total tax revenue over the first 25 years of operation of the
project
• Area Community College- more than $208K in total tax revenue over the first 25 years of
operation of the project
Page 16
Soo
Green
HVDC LINK
Summary of Stakeholder Benefits
Communities & Landowners
(New construction jobs;
Mitigates need for Eminent Domain Impact on
Private Land, No Overhead Towers/Cables)\
Labor Unions
(Opportunities for Skilled Trades —
Under Project Labor Agreements)
Railroads
(New Opportunities &
Renewable Energy Goals)
6�, SOO
i Green
C" HVDC LINK
Grid Operators
(Dispatchable Clean Energy Resource to
Enhance Grid Reliability and Resiliency)
State Clean Energy
Goals
(Large-scale Clean Energy Resource
to Help Meet State Mandates)
Page 17
Renewable Energy
Developers
(New Market Opportunities)
Retail
Consumers
(Lower Energy Costs)
C&I Customers
(Direct Access to Low-cost
Clean Energy to Meet
Sustainability Goals)
SOO
Green
HVDC LINK
THIS CONCLUDES THE FORMAL PRESENTATION
Page 18
S00
Green
HVDC LINK
ADDITIONAL SLIDES
Page 19
SOO
Green
HVDC LINK
Project Overview
• Underground high voltage direct current (HVDC) transmission line from Iowa to Illinois
• First major transmission project to cross the seam between two major regional electricity grids
in the US (MISO- Midcontinent Independent System Operator and PJM- Pennsylvania,
Jersey, Maryland Independent System Operator)
• Financially backed by Copenhagen Infrastructure Partners (CIP), energyRe, Jingoli
Power and Siemens, and enjoys a strategic partnership with CPKC railroad
• Utilizes an innovative rail co -location model, installing modern HVDC transmission lines
underground along Canadian Pacific right of way to significantly reduce impacts and enhance
system resiliency and reliability
• Utilizes modern Voltage Sourced Conversion (VSC) HVDC technology to deliver low-cost
renewable generation to new markets, while providing grid benefits and local economic
development opportunities
SOO Green HVDC Link is Pioneering a New Model to Develop and Build the
Transmission Grid of the Future
Page 20
SOO
c��G reen
Transmission Unit Cost Comparisons: Parity with OH AC
- IN Cost Est. Loadability 0i
===Md 6MM . M
SOO Green HVDC UG-HVDC 525 $2,500 MM 350 2,100 MW 1.1%
Link (IA -IL) $3,538
AEP Data* OH-HVAC 500 $2.3-3.5** MM/ 300 900 MW 1.
mile 3% $3,600-$5,479***
* American Electric Power's Transmission Facts (2008):
htti)s://web.ecs.baylor.edu/faculty/grady/ 13 EE392J 2 Spring11 AEP Transmission Facts.pdf
** 2008 dollars
*** Adjusted for 2020 dollars at 2.5%/yr inflation
SOO
Page 21 (� Green
HVDC LINK
LAND RIGHTS
Page 22
0SOO
co Green
HVDC LINK
Compensation for Potential Damages
SOO Green will make commercially reasonable efforts to avoid impacting adjacent
property, however we will compensate in the event we create a temporary impact.
Crop Damages
• SOO Green will compensate Owner for project -related crop damage within the
Adjacent Property.
• Commodity Price * Area of Crop Damaged * Yield = Crop Damage Payment
Note: "Commodity Price" is Owner's current year contract price (or previous year if such
price has not been determined)
Drain Tile and Real Property Damages
• If SOO Green damages drain tile or other real property during construction,
repairs will be made within 30 calendar days, weather, regulatory, soil conditions,
and Landowner permitting.
• Drain tile repairs will be made by a local drain contractor, where and if
available. SOO Green related drain tile repairs will be at no cost to
Landowner.
Page 23
i SOO
c��G reen
Agreement Discussions Over Upcoming Months
• Select negotiated easements for temporary/permanent Access, Access Roads, or Laydown
Areas
• Cooperation Agreements with all adjacent landowners along CP Rail
• Confirms adjacent landowners
• Provides nominal initial compensation and method for future compensation and repair
coordination
Scenario Illustration:
• L01 & L02
participate and are
paid initial
cooperation payment
• L01 is paid final
cooperation payment
• L02 negotiates and
compensated for
access road
Adjacent Landowner 2 (1-02)
Adjacent Landowner 1
-" Access
R•.•
84,
��in
'.
The total Cooperation Agreement payment of $8,766/acre ($8,500/mile) is based on a value equal to, or
greater than 125% of the average acreage price (2019 ISU Land Value Survey) in the eight Iowa counties.
Page 24
SOO
c��G reen
What about Eminent Domain?
Because of the unique rail co -location for this project, we
currently don't anticipate the need for additional land
rights to locate the Project.
If we do, we will negotiate with landowners to obtain
those rights. We will consider whether to seek eminent
domain, in the event it is needed, only after making a
good faith effort to reach a voluntary agreement.
Page 25
SOO
Green
HVDC LINK
Landowner Information
Requested Information
• Contact information
• Phone number, email address, mailing address, physical address
• Preferred method of communication
• Drain tile maps
• Drain tile contractor names
• Other relevant land information potentially impacted
• Nearby gravesites
• Trees, sheds, etc.
• Private/unlisted lines running underneath rail
Page 26
SOO
c��G reen
Modernizing the Grid with VSC Technology
Project Converter Stations will be built by Siemens with state-of-the-art, self -
commutated Voltage Sourced Converter (VSC) power conversion technology
• Boosts reliability by providing extremely responsive utility -scale reactive power, black start and other
ancillary services historically provided by centralized fossil stations
• Integrates large-scale deployment of remote renewable generation with little line loss
• Strengthens resiliency by enabling underground siting, accurately controlling dispatch and avoiding
cascading outages
• Improves power quality via dynamic voltage, frequency and reactive power control
Page 27
Soo
c��G reen
Fiber Collocation- Fiber Conduit (8-way Micro Duct)
1 2 3
5 6 8
This tlraxing cantaire cmfitlential infom Am. The tlraNng aitl the inbm,ati
B
B
0
E
F
F
H
H
DATE: April 17, 202D
3
6 7 8
m m it cannot
he rWrod+�firanY WrD� wiUvit ttie vmtlen Perrts°bi of aura lie Oupu�ai
A
_
0.070±0.010 [1.78±0.25]
A
� HDPE OVersheath
' \ 16I12mm HDPE x7
[HDPMID160120R1]
ADDD 1510
c
22116 'mm HDPE x1
C
2.20
[55.8] � [HDPMID220160R1]
REF + ADDD 1419
20 AWG Insulated
/ copper wire
02.27 [057.7]
-- - REF
Ripcord x2
MicroDuct weight = 0.522 Iblft [777 glm]
Unsupported Bend Radius: 55" [1,397 mm]
Supported Bend Radius: 33" [$3s mm] HDPE Oversheath weight = 0.195 Iblft [290 glm]
Safe Pull Load: 3,814 Ibs [1,732 kg] Total weight = 0.717 Iblft [1,067 glm]
REV HATE DESCRIPTION APPROVED BY DRAWING TITLE: FP 22/16mm t 16/12 MM X7 with HDPE 0.070" Sheath
DRAWING. GregRuntlle PARTfk: DNITSINCH[MM] DRAwiNc#: ADDD 1877
DESIGN_ Tim Gnmsley NOTES _ APPROVAL D-0D-FORM-017
Relerto Dur�LneporGV dura•hn¢
2
Page 28
SRO
Green
HVDC LINK
Page 28
SRO
Green
HVDC LINK
Cerro Gordo County
++ Rae •.
4 24 19 20 4 22 23 �, F Its
'xP
T97N R21W - 797N R20W
3a 27 26 25 30 29 28
T97N R19W
--
- - - i--------i-----------
34
33E
I Cerro Gordo —�
! CI
-� ounty ------ ----- --- 3 —� 4 2 *�
4 ' Nora
Mason City t I i Springs
! 1 i
1 15 13
49
' T%N R79W
i
T96N R21W - ^------f T95N R2g1hL--------- C
Soo Legend -
I��I I -T
} Green - IWDC LINK Proposed 5p0 Green HVDC Route
Project Notice County Boundary 2 26 l 25 30 29
— Major Roads a -
Corridor �
Railroad - -- .-- -- -- - - Existing Transmission Line
J
_ NoticeCorridar $ 35 31.: 32 33 34
Waterbody - -
�___� Municipal Boundaries
I Note 'Other ConservationLards'
_Other Conservation Lands I inc pces data fro rn reeseparate rces.
ry
n� 0 Township & Range Boundary 3 2 IDwa DNR (Conserwtion and Recreation Lands
i in= i-36 Mika I _ _ I Section Boundary T95N R19W Y with Public Atoess in the State cf low and
e anona onEervation Easement Database.
Soo
Page 29 Green
HVDC LINK
Floyd County
- - - 1 15
18 15 14 3
or
ig 17
7
15
i
3 11
'IQ
19- 1 20
21 1 22 23 24 1-
211 21
22 23 24 T97N R1iW
`L .
- + � `'
- T97N
R16W _ .._.
--
- - — - �' - -
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1
'
25
30 '
28
26 4 25• _.30
29
28 27 F 25
30
29 28
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27 2E�
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1
_.I. r
- --
- -
--' 1-
T97NR18W35
36
31 .:•
34 35 36
31:
35 36 3
I
3f
32 33
1 34 1 30 31 32 ` 33
34 I 35
—
I
4
3 2
1
g
4
3 2 1
6 1 .5
4 -.
4
3 2 1 & 5
-
Nera
'
1
12 7 8 9
14 1 11
12
7
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C. II 11 ti 12
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14' 11 L, ...'
.
iprings
-
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16
15 1 -1$ 17 T96
15 14
13
1g,' ''17
"
Floyd.
I
,
I
-
T96H R15V',
1 -- y Rudd
22 23
24
1a
I-
''
3 24
19 29':
1 26 21-
i 22
_ _ -
- -
THN
R16W
- -
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s 27 26 I 25 2 2t
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-
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x
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36 3' 32 i:. -33
- - - Y
34 35
36
_
31 32 .
33
31 -331
34 35
1
1 A-
3
4
3- 2
1
6 5
Charles
City
Legend
I 91
I
0i Green
- - - Proposed 500 Green HVDC Route
..
H-CLINK
Project Notice
Cou my Bou ndary
15 14 `,
14
13-
18� 17'
I
16
5
.-' -
17
�
.16 15 14 13
Th5N R15W
Corridor
— Major Roads
95N
�
Railroad 7W
1j
23
24
19
22... „
-
ExistingTransnnission Line
_ Notice Corridor
3d' 29
I 2g
27 25
27 i 25
Waterbody34
25
_
_-
IL__, Municipal Boundaries;
34
3f
32
33
34 ~ 35 36
31 5 32
35
No3te'mrh oriservation Lands
_ Other Conservation Lands
-
m r pa rate�ou ees:
°2 tllYrs 0 p nge ry
Townsh & Ra Bou nda
I
■
5
4
3 �1 2 1
6 lo�va []}dR[C:n_TheNatnrand
li .-. non Lan&
on Lands
iin=2-A3 mika
I- Section Boundary
3 2
1
fi
-
with 7uh -- - --the Sx - -I Ind
-I
T94NR17W
T 4NR16W
..Soo
Green
Page
30
HVDC LINK
Chickasaw County
36 u T9' IN R73W
TUN R12W
�— — —
T97N
-
--
4 z 2
F
5 4 3 2
1 6 5 4
.., I'
Chi fkasaw
8 a 10 11 ''
12 7
12 { CD"unty -
-
18
17 n 15 14
3 18 1
796 RR IR11 SAt
�1d i 13 B Y
lg f -
R
T96N.B_12YU --
�-
- - -
t I.
23
-23 : r•'�
20 2 22 I 23
?d 19 213 21 '• � 23
-
g_ 2C
I
-
27 26
f 30
28 27 26
25 36 29 2�30
� i �
r 26 1 2 26 26 25
- -i
-I ' 35 .1
� _ ,. - �
�.#I
32 i 34 35.
36 31 32 33 -. �
31 ? 32.. { 33
34 35 36 31 32 f 33 3 36 31
I
2
5 4
'
1 r__ 5 4 2
3 i 2 i 1 6 5u
y- �rxe� ' ;LawleL
Bassett
I I � ... ~�— � New � �
11• - .I
� `-, � I g •IL I �
10 11 1J, 7 8 9, 1 r_,Hat pton
1� 8;
� 17 16 15 14
17 16 15
13 I 51i} R-1 W
1Fr 17 t ^
a -I 17 18 _
_ ..I
- T95N1 R12W
f
21 22 23
T95N R1dw
2il 2'
— 'Ionia 23 --r
22 �- - .-. 19 20 =
20 21 1 22 � 23
I 20 f
-
..4
"}
_
.- - — - - t1�i' ..T95R R13V� b i
28 ..
21
2
25 29 26 27 5
3_I 2B
27 26 25 30 29 lk,2 27 N 25 30
29 i
-
Sao
Legend
-
36
34 35 31
32
` 33 35
3fi' 1 32 33 J5
— -- — -
Green
- - - Proposed SO6Gre2n HVDCRoute
{ 1 I
4
HvoC LINK
-
�CountyBoundary
3 2 6
5 4 3 2
1
T9 NR11W-
Project Notice
Corridor
Major Roads
— 1.. - - - - -
_- _ . •..
- + - J {
-
8 i 10 i 11 12
..-J
tiI--IF Railroad
' 1p 11 i 12 l
r
a 9 14 1
12 i .i
Fredericksburg
ExistingTransmisslon Line
is
# -� 17 16 15 }d 13
_ NoticeCorrldor
I 1 13 18
17 16 15 12
'
i---� Waterbody
Municipal Boundaries
I
- - -
1 22 23 24 19
i _
2D T. K19 12W
23
l i I
19 26 �1 4 23 24
I
- r�-ot c tands'
t
_ Other Conservation Lands
i
_.. - - --
i
- '- - - - — -
} '26
_ natki,
— ncludesdatafjpm hre�se ratourc;r
30 1h L3r
o t zrNYes
Township& Range Boundary
a 27 26 25 30
29 28 27
at re ns ncy .
{ Iowa DNR[Cpmerrati and-tecrea n Lnr•.-
- ran =za r mays
I _ _ I Section Boundary
T94K R13W
�, i
'
, withPuhlicAecessin he5tatelofl
dJ-- Natioa2l Cgns4%3.3t
-
31
32 33 34 35
Page 31
USOO
O) Green
HVDC LINK
Winneshiek County
c 1C 12
12, 7
_6 15 1 '
D 21 22 23
1 1 11 z 2d �9 2 _3 24 19 T97H ROi
g 26 2S 1` 22 23 24 Zia 2 T97N ROSW - - -
�Oil111 ile ... - - 25 3G 29 I 28 27 26
- — _ , 3C 28 2n
- - -' r3l)25 2e 2' 2S 35 36
.,� n[
r97N R09W RH 3 34 -- 35 � 31 33, s4 -
T97N R10W Winnesh k.34
32 3; C 36 ILLrar
Ql IntYL — — 2 1 & 5 4
12
Kt7asian
g 10 -
_,,Fort Atkinson -
T96N R10W _. _..- - - - - -
N: ' 1$ 7 `' 15 14 I y 13..
g +8 1' 1E 1a 14
1 1$ T96N R07W
17 5 Tt36* nsw
za T9WR0-
9W _ —; 24
- .. 22 24 19 21 �2 �.,
q 19 202123 -:�Jackson2 Julnction ; 27 2& .' i 3G -. 27 2fi 25 3Q 29 '.� `28_
;50 - 4
3
k r I
� r
I �s�rroo Legend
`.1 r�een - - - Proposed 500 Green HVDC Route 11 12
-' CountyBourkdary - 14 1 3 1' 15 1 '1 13
Project Notice 18 1i j& 7-
Major Roads 14 15.
13 : " _ T85N ROTW -'
Corridor � •tom �- -
1- Railroad Rpyy Fayey
J 2 2'�
Scan is B _ y+„gy r�' 23 I 22
� � "Jd
{DY- F 2 FxistingTransmis514nLine -i - - � � 2;
_ NotceCorrlder g 2' ; 3d 29 Clermont
2 Waterhody _ - - 33 { L, i
1 . 34 s� ? 3' 32 N --
Municipal Boundaries 3 34 35 ,
�. erCo erration Lends
_ Other Conservation Lands h,cI esdatajom'thrc epara$sowEe4
8 1 2Mlks ' 4 3 `_ 1 - The Nature Co ervancy Lands
0 Township& Range Boundary q 3 2 1 794N R08W Iowa DNR {Go nservetionan8 ecreation
i m =2_46 like 1_ _ I $Qctlon Boundary T94N R09W -' wirf, P 61t aces inn rho � 2
r
bleat Unia i fff 4-e Nlatiov, Consecration Fa mere
Page 32
Usoo
O) Green
HVDC LINK
Allamakee County
29
28
a�Allamakee
I --------------
County
-
I
1
I
5
I
I
I
1
1
I
�
1
I
Poatville T f
�Q�
Legend
I
teen
.-I u-
Proposed S40Green HVDC Route
Project Notice
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Page 33
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Page 36 Green
HVDC LINK
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
12/05/2023
and for which the charge is 358.52
Subscribed to before me, a Notary Pub• n and for
Dubuque County, Iowa,
this 5th day of December, 2023
Nota
Pu
'lic in and for DubuqueCounty, Iowa.
Q,A4. JANET K. PAPE
a4 Via, ; Commission Number 199659
• ply Commission Expires
tow% 12/11/2025
Ad text CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 50-23
ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM)
ORDINANCE GRANTING TO SOO GREEN HVDC LINK PROJECTCO, LLC,
ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND FRANCHISE PURSUANT
TO IOWA CODE SECTION 364.2(4) TO CONSTRUCT, RECONSTRUCT,
RELOCATE, REPAIR, REPLACE, MAINTAIN AND OPERATE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA, A TRANSMISSION SYSTEM FOR THE
TRANSMISSION OF ELECTRIC ENERGY AND COMMUNICATION FACILITIES
AND THE RIGHT TO CONSTRUCT, RECONSTRUCT, RELOCATE, REPAIR,
REPLACE, MAINTAIN, OPERATE, THE NECESSARY CONDUITS AND OTHER
APPLIANCES OR EQUIPMENT FOR THE TRANSMISSION OF ELECTRIC
CURRENT AND COMMUNICATION FACILITIES UNDER CERTAIN STREETS,
AVENUES, ALLEYS AND PUBLIC PLACES AND IN A CERTAIN RAILROAD
RIGHT OF WAY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
WITHIN THE CITY. AS THE BOUNDARIES ARE NOW AND MAY HEREAFTER
EXIST, FOR THE PERIOD OF TWENTY-FIVE (25) YEARS ("Franchise"
or "Ordinance").
BE IT ENACTED by the City Council of the City of Dubuque,
Iowa:
i Section 1. "Introduction. There is hereby granted to SOO
GREEN HVDC LINK PROJECTCO, LLC, hereinafter referred to as
"SOO Green" or the "Company," its successors and assigns, the
right and franchise to construct, reconstruct, repair,
replace, maintain and operate in the City of Dubuque, Dubuque
County, Iowa, the necessary conduits, and other appliances or
equipment for the transmission of electric current and
communication facilities (collectively, the Facilities) and
the right to construct, reconstruct, relocate, repair,
replace, maintain and operate the Facilities under the
streets, avenues, alleys and public places and in certain
railroad right of way in the City of Dubuque, Dubuque County,
Iowa, in the preliminary route as shown on Exhibit A (the
Route), the final route to be subject to the written approval
of the City Manager before any mobilization, staging, or
construction of the Facilities within the City limits. This
Franchise shall be effective for a twenty-five (25) year
period from and after the effective date defined in Paragraph
20 herein (Effective Date). SOO Green is also granted the
right of eminent domain as provided in Iowa Code Section
364.2(4) as reasonably necessary to carry out the purposes of
this Franchise.
Section 2. "Public Meeting.
2.1 "As a condition precedent to the public hearing required
by Iowa law and the adoption of this Ordinance, the Company
held a public informational meeting on July 10, 2021. The
meeting was held in person at the Hotel Julien in Dubuque.
2.2"Notice of the time and place of the meeting was
published in the Telegraph Herald at least seven (7) days and
not more than twenty (20) days prior to the date of the
meeting. A reasonable effort was made to notify by mail those
property owners whose property is within two hundred feet
(200') of the proposed Route, prior to the meeting. The notice
was mailed not less than seven (7) days and not more than
twenty (20) days prior to the meeting.
The notices contained the following:
1. "The name of the applicant.
2. "The applicant's principal place of business.
3. "A general description and purpose of the proposed
project.
4. "The general nature of the franchise desired.
5. "A map showing the route of the proposed project.
6. "A description of all equipment to be constructed or
installed.
7. "The place and time of the meeting.
8. "The Company contact person and contact information for a
Company representative who will be available Monday through
Friday during the Companys business hours to respond to
citizen inquiries about the project.
Section 3. "Management Fee.
3.1 "The Company shall pay the City upon receipt of annual
statements a management fee for the Citys management costs
which are the reasonable, direct, and fully documented costs
the City actually incurs to manage the Companys use of the
public rights -of -way as provided by Iowa Code Section
480A.2(2). In lieu of an annual statement and at the Citys
',option, the City and the Company may agree to use an estimated
fee.
3.2"The Company shall install, at its cost, fiber conduit
and associated vaults described in Exhibit B, to be owned,
operated and managed exclusively by the City, along the
Canadian Pacific Kansas City (CPKC) right-of-way segments of
the project corridor within municipal limits. The Company
shall be responsible for any fiber related fees charged by
CPKC. Upon reasonable notice to the Company, the City shall
have access to the conduit and vaults to repair, replace,
maintain and operate the conduit and vaults. The Company shall
notify the City of any construction, reconstruction,
relocation, repair, replacement, or maintenance of the
Facilities that would affect the Citys conduit to permit the
City to take such action as it deems necessary to protect its
conduit. The Citys exercise of its right to repair/replace
co -located fiber may not interfere with rail operations or
with operations of the SOO Green Facilities.
3.3 Payments to City. All invoice payments required by this
Ordinance shall be made payable to The City of Dubuque, Iowa
and delivered to the City of Dubuque Finance Department, City
Hall. Any payments due not paid in full by the due date shall
be subject to the lesser of the maximum interest provided by
law or 1 % per month.
Section 4. "Utilities.
4.1 "Water Utilities. Prior to the commencement of any
construction, the Company shall work with the City Engineer
and the Water Department to maintain adequate separation from
existing facilities to avoid interference and to minimize the
risk of relocation of the Facilities. The Company will seek
to maintain a vertical depth of not less than six (6) feet
separation and a horizontal separation of not less than ten
(10) feet from any City water main. These distances can be
reduced only if approved by the City Engineer. When crossing
or running parallel to a City water main, the water main shall
be potholed by the Company for field verification before
installation of the Company conduit. Areas of concern include
but are not limited to those shown on Exhibit C.
4.2"Other Utilities. Prior to the commencement of any
construction, the Company shall coordinate on all construction
of the Facilities to the satisfaction of the City Engineer to
minimize the impact on all other public and City utilities.
4.3"Damage to City Utilities. The Company shall reimburse
the City for all costs and damage to City utilities caused by
SOO Greens construction, reconstruction, relocation, repair,
replacement, operation or maintenance of the Facilities
promptly upon receipt of a statement of such costs and damages
from the City. The Company shall not be responsible for any
costs and damage to the City caused by the City's negligence
or willful misconduct.
Section 5. "Indemnification.
5.1"The Company shall indemnify, defend and hold City, its
officers and employees, harmless from and against any and all
claims, demands, losses, damages, cost and expenses
(including, but not limited to, court costs, fines, penalties
and reasonable attorneys' fees, but excluding consequential or
indirect damages), judgments, liabilities and causes of action
of any nature whatsoever resulting from or relating to its
negligent acts or omissions in the use or occupancy of the
streets, avenues, alleys and public places in the City, a
material breach of this Franchise, or arising in any manner
out of the negligent acts or omissions of its agents,
employees, or contractors in connection with same, or with
respect to the violation of any laws, including without
limitation, any environmental laws. The Company shall
indemnify and defend the City for, from and against any and
all mechanics' liens and other liens and encumbrances filed by
any person claiming by, through or under the Company and
against all costs, expenses, losses and liabilities (including
reasonable attorneys' fees) incurred by the City in connection
with any such lien or encumbrance or any action or proceeding
brought thereon. For avoidance of doubt regarding the scope
of this indemnification, the Company shall not be responsible
for any costs and damage to the City caused solely by the
Citys negligence or willful misconduct.
5.2"The Company shall maintain commercial general liability
insurance coverage, or its equivalent, upon commencement of
construction in the City and continuing throughout the term of
this Franchise as described in Exhibit D, as such schedule may
reasonably be amended from time to time by the City, provided
however that any new requirements will not exceed the
requirements imposed on any other utility operating within the
City, are commercially available, and reasonably obtainable.
The Company's failure to meet the insurance requirements shall
not relieve the Company of its responsibilities under this
Franchise. Upon proof of financial responsibility to the
reasonable satisfaction of the City, the Company may be
allowed to self -insure the coverages required. The Company
shall provide the City with certificates of insurance or
letter of self-insurance, subject to the approval of the City
in its sole discretion, upon request.
5.3"The requirements of indemnification shall not be a
waiver of any right that the City would have to assert
defenses on its own behalf under state or federal law. The
Company's indemnification obligations under this Franchise
shall survive the expiration, cancellation, or termination of
this Franchise in accordance with applicable statutes of
limitation in force within the state of Iowa.
Section 6. "Relocation.
6.1 "The Company shall, at its cost and expense, locate and
relocate its Facilities in, on, over or under any public
street or alley or other public place in the City in such a
manner as the City may at any time reasonably require for the
purposes of facilitating the construction, reconstruction,
maintenance or repair of the street or alley or any public
improvement of, or public improvement, in or about any such
street or alley or reasonably promoting the efficient
operation of any such improvement (City Project). 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.
6.2 "The City and the Company desire to minimize, to the
fullest extent possible, the risk that any of the Facilities
would require relocation for the purposes of a future City
Project. The City has reviewed Exhibit A and used its best
available information to identify any areas where a City
Project may occur during the term of this Franchise and could
potentially result in a Facilities relocation. The City and
the Company will work together to revise the location of the
Facilities prior to construction to reduce the risk of any
conflict. For future City Projects, the following will apply:
a."In developing a City Project, the City shall consider
reasonable alternatives so as not arbitrarily to cause the
Company unreasonable additional expense.
b. "If there is a potential conflict between a City Project
and the Facilities, the City and the Company will work
together to identify alternatives that would avoid relocation
of Facilities. When such alternative is available, SOO Green
will have the option to pay the incremental cost, if any,
associated with the alternative to avoid relocation and the
City will implement that alternative if SOO Green so elects.
c. "If a relocation of Facilities cannot be avoided, the City
will provide a reasonable alternative location for the
Company's facilities within City right-of-way. The Company
shall be solely responsible for any additional cost to the
City as determined by the City Engineer in the City Engineers
sole discretion for providing such alternative location. If
the alternative location the City can provide within the City
right-of-way is not acceptable to the Company, the Company is
granted the power of eminent domain to acquire the land rights
necessary to relocate the Facilities to a suitable location.
The Company will not be required to deactivate and relocate
existing Facilities until the relocated Facilities are
operational.
6.3"If the City orders or requests the Company to relocate
its Facilities for the primary benefit of a commercial or
private project, or as the result of the initial request of a
commercial or private developer or other non-public entity,
the City shall require advance payment to the Company for all
construction and transactions costs and the provision of an
alternative location for the Facilities of such relocation
from such developer or other non-public entity as a
precondition to relocating the Facilities. If such pre -payment
is made, the Company will not be required to deactivate and
relocate existing Facilities. The Company will not be required
to deactivate and relocate existing Facilities until the
relocated Facilities are operational.
6.4"The City shall give the Company reasonable advance
written notice to vacate a public right-of-way. Vacating a
public right-of-way shall not deprive the Company of its right
to operate and maintain existing Facilities within the vacated
right-of-way and the City shall grant the Company a utility
easement in the vacated public right-of-way until the City
orders or requests the Company to relocate its Facilities. If
such relocation is for the primary benefit of a commercial or
private project, or as the result of the initial request of a
commercial or private developer or other non-public entity
section 6.3 of this Franchise shall control. If the
relocation is for a City Project, Section 6.2 shall control.
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 and
consistent with Section 6.2.
Section 7. "System Plans And Maps.
7.1 "The Company shall apply to the City Engineering
Department for a permit for work performed in the City's
right-of-way in accordance with the Citys regulations. Mapping
information will be used solely and exclusively by the City in
administering the use and occupancy of the public right-of-way
within the City and shall not be provided to or relied on by
any person for any other purpose. At the request of the City,
mapping information will be reviewed with the City staff. 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 the Company certifies that 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 C.F.R. * 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 at
the Citys option 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. Prior to any excavating in the
rights -of -way, both parties shall follow the procedures set
forth in Iowa Code Chapter 480 or an entity with a similar
function utilized by both the City and the Company, currently
the Iowa One Ca11 System.
7.2"For emergencies, the Company may proceed with the work
without first applying for a permit, provided, however, that
the Company shall apply for and obtain a permit as soon as
practicable after commencing such work.
7.3"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 8. "Annual Planning Meeting. The Company operations
staff will, at the request of the City, attend an annual
meeting with the City Engineering Department and other
interested city personnel to discuss utility reliability
standards, including comparisons to regional and national
reliability statistics, annual and long-term construction
coordination planning for the Company and City and other
related items. This will not replace any periodic meetings
needed on specific projects and issues. The City also holds
monthly utility coordination meetings. The City shall timely
provide the Company with minutes of the monthly meeting and
the Company will timely review and notify the City of any
potential conflicts a proposed project may have on the
Facilities. Notwithstanding the foregoing, the City Engineer
may require a Company representative to attend any monthly
meeting where the subject of the meeting may include a
proposed project which may significantly affect the
Facilities. SOO Green will notify the City of its point of
contact for monthly meeting minutes and the annual planning
meeting at least 30 days prior to commercial operation date.
Section 9. "Reliability. The Company will maintain
compliance with applicable National Electric Safety Code, Iowa
Utilities Board regulatory standards and North American
Electric Reliability Corporation standards.
Section 10. "Non -Exclusivity. The franchise granted by this
Ordinance shall not be exclusive. The City shall not,
however, grant a subsequent franchise that would impair,
obstruct, or diminish the franchise rights of the Company
under this Ordinance.
Section 11. "Emergency Training, Participation And
Communication. The Company will maintain a twenty-four (24)
hour contact with City of Dubuque Police Dispatch or other
emergency management contact for emergency communications. The
Company shall provide training on safety matters related to
the Facilities upon the request of the Fire Chief.
Section 12. "Corporate Philanthropy. On an annual basis, the
Company will provide notice to the City Manager of whether the
Company has any grants or other corporate giving opportunities
for which the City of Dubuque or businesses located in may be
eligible.
Section 13. "Publication Expenses. The expense of the
publication of this Ordinance shall be paid by the Company.
Section 14. "Repeal Of Conflicting Ordinances. All
ordinances, or parts of ordinances, insofar as they are in
direct conflict herewith, are hereby repealed.
Section 15. "Compliance With City Ordinances. The Company
shall, to the extent not inconsistent with the terms of this
Franchise, at all times during the term of this Franchise
ordinance conform with, submit to, and carry out the
provisions of any and all valid ordinances existing or as
hereafter lawfully enacted relating the City's exercise of its
police powers.
Section 16. "Dispute Resolution. The City and the Company
agree to attempt to resolve any dispute or disagreement which
is not a material breach arising under or in connection with
this Ordnance in good faith through discussion between their
authorized representatives. If they are unable to resolve any
such dispute within thirty (30) calendar days from the date on
which either the City or the Company delivers to the other
written notice of such dispute, then senior management
designees for the City and the Company shall discuss the
matter in an attempt to resolve the dispute or disagreement.
In the event the senior management designees are unable to
resolve any such dispute within thirty (30) calendar days, the
City and Company agree to try in good faith to settle the
dispute by mediation prior to, and as a precondition to,
commencing any litigation. The City and Company will bear
their own attorneys fees, expert witnesses fees, costs and
expenses in the mediation. The mediation shall be in Dubuque,
unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
Section 17. "Material Breach. Either the City or the Company
may terminate this Franchise if the other party shall be
materially in breach of its provisions. Upon the occurrence of
a material breach, the nonbreaching party shall provide the
breaching party with notification by certified mail specifying
the alleged breach. The breaching party shall have sixty (60)
days to cure the breach, unless it notifies the nonbreaching
party, and the parties agree upon a longer period for cure. If
the breach is not cured within the cure period, the
nonbreaching 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 18. "Closing. This Franchise ordinance sets forth
and constitutes the entire agreement between the Company and
the City of Dubuque with respect to the rights contained
herein, and may not be superseded, modified or otherwise
amended without the approval and acceptance of the Company.
Section 19. "Severability. If any of the provisions of this
Franchise are for any reason declared to be illegal or void,
the lawful provisions of this Franchise, which are severable
from said unlawful provisions, shall be and remain in full
force and effect, the same as if the Franchise contained no
illegal or void provisions.
Section 20. "Effective and Binding. This Ordinance and the
rights and privileges herein granted shall become effective
and binding upon its approval, passage in accordance with Iowa
law, the written acceptance by the Company, publication, and
notice by the Company as provided below. The City shall
provide the Company with an original signed and sealed copy of
this Ordinance within ten (10) days of its final passage. The
Company shall, within sixty (60) 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
and Company acceptance, this Ordinance shall be published in
accordance with the Code of Iowa. The Effective Date of this
Ordinance shall be the earlier of (a) the date the Company
provides written notice to the City Manager that any
mobilization, staging, or construction of the Facilities will
commence within the City limits or (b) December 31, 2026.
Section 21. Vegetation Management. The City agrees not to
plant any trees directly above the Facilities. The Company is
authorized and empowered to prune or remove at Company
expense, any tree extending into any street, avenue,
right-of-way, alley, public place or public ground that the
company determines, in its sole discretion, that will
interfere with the construction or safe operation of the
Facilities. For every tree that SOO Green removes that is more
than 6 inches in diameter, the Company shall pay the City upon
invoice the sum of three hundred fifty dollars ($350.00) 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. The
CPI Adjustment shall be a fraction expressed as a decimal, the
numerator of which shall be the Current CPI minus the Prior
CPI and the denominator of which is the Prior CPI, or 3 %
whichever amount is less. The "Current CPI" is the latest CPI
published prior to the anniversary date of the Effective Date.
The Prior CPI is the CPI published in the immediately
preceding calendar year for the same month as the Current CPI.
The term CPI shall mean the Consumer Price Index for All Urban
Consumers (CPI-U) published by the Bureau of Labor Statistics
of the U.S. Department of Labor, All Items (1982-84 = 100), U.S.
City Average, or any successor index thereto, appropriately
adjusted. If the CPI ceases to be published and there is no
successor thereto, such other government or nonpartisan index
or computation shall be used which would obtain a
substantially similar result as if the CPI had not been
discontinued.
Section 22. Public Places: "Public places" means any
property owned by the City.
Section 23. No Other License Required: Dubuque City Code
11-6 is inapplicable to the Company and the Facilities as
proposed.
Section 24. Assignment: No sale, assignment or lease of
this Franchise shall be effective until it is approved by the
city council and after the Company has filed in the office of
the city clerk written notice of the proposed sale, transfer,
disposition or assignment, such notice to clearly summarize
the proposed procedure and the terms and conditions thereof.
Such approval by the city council shall not be unreasonably
withheld. The proposed vendor, assignee or lessee shall
similarly file an instrument, duly executed, reciting such
proposal, accepting the terms of this Franchise and agreeing
to perform all the conditions thereof. This provision shall
not apply, however, to collateral assignments in connection
with a project financing of the project.
Section 25. Notices: Any written notice required by this
Franchise shall be sent by first class mail to the persons and
addresses below.
For SOO Green
Raj Raj an
Vice President -- Project Development
SOO Green HVDC Link ProjectCo, LLC
1600 Utica Ave S, 9th Floor
St. Louis Park, Minnesota 55416
For the City of Dubuque
City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
with copy to:
City Attorney
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Section 26. Renewal: The City and the Company will meet at
least 12 months prior to the expiration of this Franchise to
discuss renewal of the Franchise.
PASSED AND APPROVED this 20th day of November, 2023.
CITY OF DUBUQUE, IOWA
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Exhibits A through D are on file in the office of the City
Clerk, 50 W. 13th Street, Dubuque, and may be viewed during
normal business hours of 8:00 am to 5:00 pm Monday to Friday.
Published officially in the Telegraph Herald newspaper on
the 5th day of December, 2023.
/s/Adrienne N. Breitfelder,
CMC, City Clerk
It 12/5