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Interstate Power and Light Company (Alliant) Franchise Agreement� ALLIANT w ENERGY. ACCEPTANCE TO THE CITY COUNCIL CITY OF DUBUQUE, IOWA: Interstate Power and Light Co. An Alliant Energy Company Alliant Tower 200 First Street SE P.O. Box 351 Cedar Rapids, IA 52406-0351 Office: 1.800.255-4268 www.alliantenergy.com Interstate Power and Light Company hereby accepts the electric franchise granted it by Ordinance No. 01-15 of the City of Dubuque, Iowa. This Acceptance is intended to be in accordance and compliance with State law and the terms and provisions of said Ordinance. Dated this 5th day of January, 2015 ATTEST: By: INTERSTAT_ POWER AND LIGHT COMPANY Linda K. Mattes Title: Vice President — Energy Delivery Operations I, Trish L. Gleason, Assistant City Clerk of the City of Dubuque, Iowa, do hereby certify that on the 5th day of January, 2015 there was filed in my office by Interstate Power and Light Company, the Acceptance of the electric franchise granted by Ordinance No. 01-15 of the City of Dubuque, Iowa, and that the foregoing is a true copy of said Acceptance so signed. Dated at Dubuque, Iowa, this 5th day of January, 2015. Trish L. Gleason, Assistant City Clerk (CITY SEAL) Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Interstate Power and Light Company Franchise Agreement SUMMARY: Proof of Publication on notice of public hearing to consider an Ordinance granting to Interstate Power and Light Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years and the City Manager recommending approval. ORDINANCE Repealing Ordinance No. 58-93 and granting to Interstate Power and Light Company, Its Successors and Assigns, The Right and Non -Exclusive Franchise to Acquire, Construct, Erect, Maintain and Operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS : Description Type ❑ Staff Memo Staff Memo ❑ Ordinance Ordinance ❑ Proof of Publication Supporting Documentation THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: December 29, 2014 RE: Public Hearing on an Ordinance Granting To Interstate Power and Light Company a Non -Exclusive Franchise for Its Electric System In 1993, the City Council adopted an ordinance granting to Interstate Power Company, its successors and assigns, a non-exclusive authority for a period of 25 years to maintain and operate its existing electrical system in the city of Dubuque. That franchise expires February 15, 2019. The City Manager has negotiated a proposed new franchise agreement with Interstate Power and Light Company, a successor to Interstate Power Company. A copy of the ordinance is attached. I recommend that the City Council adopt the Ordinance Granting To Interstate Power and Light Company a Non -Exclusive Franchise for Its Electric System. BAL:tls Attachment cc: Michael C. Van Milligen, City Manager F:\USERS\tsteckle\Lindahl\Franchise Fee Notebook\Interstate Power & Light\MayorCouncil_AdoptOrdinanceGrantingFranchise_Interstate_122914.doc 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. 01-15 (ORDINANCE NO. 1-15) AN ORDINANCE REPEALING ORDINANCE NO. 58-93 AND GRANTING TO INTERSTATE POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS. BE IT ENACTED by the City Council of the City of Dubuque, Iowa: Section 1. Except as explicitly provided in Section 12 hereof regarding the continuation of the present franchise fee, Ordinance No. 58-93 (City Code Sections 11- 5A-1 through 11-5A.24 both inclusive) and all amendments and supplements thereto shall upon the effective date of this franchise be repealed and replaced by this Ordinance. Upon the effective date of this ordinance, all prior electric franchises granted to the Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. Section 2. There is hereby granted to Interstate Power and Light Company, (hereinafter called "Company") and to its successors and assigns, the right and non- exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the distribution of electric energy along, under, over and upon the streets, avenues, rights of way, alleys, public places or public grounds (excluding parks) to serve customers within the City, and to furnish and sell electric energy to the City and its inhabitants. The City Council reserves to itself the right to extend this franchise to specific areas or corridors within parks at the request of the Company. The Company is granted the right to exercise of powers of eminent domain. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this ordinance. Section 3. The Company shall have the right to erect all necessary poles and to place thereon and attach thereto the necessary wires, guys, anchors, fixtures and accessories as well as to excavate and bury conduits or conductors and related equipment and appurtenances for the distribution of electric energy in and through the City, provided the same shall be placed in accord with this franchise and the City Code and regulations of the City of Dubuque regarding the placement, replacement, repair or construction of structures, facilities, accessories or other objects in the right of way by utilities and other users of the right of way, including ordinances which assign corridors or other placements to users of the right of way and requirements which may be adopted regarding separations of structures, facilities, accessories or other objects. Section 4. The City may require the Company for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street, avenue, right of way or alley, public places or grounds in accord with the ordinances of the City at the Company's cost and expense in accordance with Iowa law, including Company's Tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended, to construct, replace, repair, locate and relocate its existing facilities or equipment in, on, over or under any public street, avenue, right of way, alley, public places or grounds in the City in such a manner as the City may reasonably require, except the Company shall not be required to construct, replace, repair, locate and relocate existing facilities where Company facilities are located in private easements (whether titled in the Company or other entities) unless said private easement is upon land owned by the City. If the City orders or requests the Company to relocate its existing facilities or equipment for any reason other than as specified above, or as the result of the initial request of a commercial or other non-public development, the Company shall receive payment for the cost of such relocation as a precondition to relocating its existing facilities or equipment. The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous three (3) years. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section. The City shall also provide a reasonable alternative location for the Company's facilities as part of its relocation request. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of any conductor, conduit or other appurtenance or the erection of poles and wires or other appliances, the Company shall not unreasonably obstruct the use of the streets, avenues, alleys or public places. The Company in making any such excavations shall, if required by ordinance, obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues, alleys, or public places and shall provide the City Manager or City Manager's designee or such other person as the City may designate with 24 hours' notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require immediate excavation, the Company may proceed with the work without first applying for or obtaining a permit, provided, however, that the Company shall apply for and obtain an excavation permit as soon as possible after commencing such emergency work. The Company shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing any excavations. The Company shall comply with all city ordinances regarding paving cuts, placement of facilities and restoration of pavement and other public infrastructure. The Company shall replace the surface, restoring the condition as existed prior to the Company's excavation, but shall not be required to improve or modify the public right of way unless said improvement is necessary to meet a SUDAS (Statewide Urban Design and Specifications) standard, a requirement of the Americans with Disabilities Act, or any other standard mandated by state or federal law, provided however, if any improvement is requested or required for aesthetic, cosmetic or similar purposes not mandated by state or federal law the City shall reimburse the Company the incremental cost of such improvements. The Company shall complete all repairs in a timely and prompt manner. Company agrees any replacement of road surface shall conform to current City ordinances regarding its depth and composition. Section 6. The City when vacating a street, avenue, alley, public ground or public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley, right of way or other public ground where the Company has electric facilities, the City shall grant the Company a utility easement for said facilities. This paragraph shall not apply to the realignment, reconstruction, or vacation of streets or alleys in a designated urban renewal area; provided, however, the City shall identify, reserve and make available alternate locations for facilities to serve the designated urban renewal area consistent with the technical needs of the Company. Section 7. The Company agrees that, unless there are extenuating circumstances because of damage, supply shortage or other reason beyond the Company's control, the Company shall replace any street light which is burned out or otherwise not functioning within ten days of receipt of written notice specifying the street light in need of replacement or repair. If because of extenuating circumstances the Company will not be able to replace or repair a street light within ten (10) days after notice, the Company shall notify the City within ten (10) days of the receipt of written notice from the City what the extenuating circumstances are, including a date when the street light will be repaired or replaced. The Company shall adopt a program and provide a written copy to the City, under which the Company will convert all street lights in the City to Light Emitting Diode (LED) lights within five (5) years of the effective date of this franchise. The Parties agree that should an improved technology be developed and commercially reasonable during this franchise, thereafter, the Company may, at its option, substitute different lighting technologies that provide an amount and quality of light that is at least equal to that provided by the LED technology. Before installing any such substitute technology, the Company must obtain the City's approval, such approval shall not be unreasonable withheld. Section 8. The Company shall maintain the availability of service throughout the entire City including newly annexed areas, but excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by extending lines or facilities in a manner consistent with Iowa law. The Company shall furnish electric energy in sufficient quantities to supply the reasonable demands of the City and the inhabitants thereof and including industrial users in accordance with the regulations and conditions of service as approved by the Iowa Utilities Board. Section 9. Upon reasonable request the Company shall provide the City, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in City right of way, including documents, maps and other information in paper or electronic or other forms ("Information"). The Company shall also provide upon request of the City information including mapping data indicating the horizontal and vertical locations, relative to the boundaries of the right-of-way, of all equipment which the Company owns or over which it has control and which is located in any right-of-way. With respect to equipment which was in place as of December 31, 1998, the Company may satisfy this requirement by providing copies of maps showing equipment locations which were developed and kept by the Company in the ordinary course of business, provided that if such maps do not show the location of all such existing equipment, the Company will be required to field locate equipment not shown on such maps and provide mapping data for such equipment provided that respect to equipment which the Company placed within the right-of-way after December 31, 1998, the Company shall provide mapping data with the specificity and in the format required by the City for inclusion in the mapping system used by the City, as more specifically provided in the City's utility accommodation and street restoration specifications. The Company and City recognize the Information may in whole or part be considered a confidential record under state or federal law or both. Therefore, the City shall not release any information without prior consent of the Company and shall return the Information to Company upon request. The City recognizes that Company claims the Information may constitute a trade secret or is otherwise protected from public disclosure by state or federal law on other grounds and agrees to protect the Information to the extent allowed by state or federal law. Furthermore, the City agrees that no documents, maps or information provided to the City by the Company shall be made available to the public or other entities if such documents or information are exempt from disclosure under the provisions of the Freedom of Information Act, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time. In the event any action at law, in equity or administrative is brought against the City regarding disclosure of any document which the Company has designated as a trade secret or as otherwise protected from disclosure the City shall promptly notify the Company. The Company shall have the right to assume the defense of said action. The Company shall reimburse the City any and all costs, including attorney fees and penalties, to the extent allowed by law which may result from any said action. Section 10. The pruning and removal of trees shall be done in accordance with current nationally accepted safety and utility industry standards and federal and state law, rules and regulations. 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 grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches, or trunks from interfering with the wires and facilities of the Company. The pruning and removal of trees shall be completed in accordance with nationally accepted safety and utility standards, currently ANSI ZI33-2012, American National Standard for Arboricultural Operations -Safety Requirements, and ANSI A300(part 1) - 2008Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, and subsequent revisions to these standards. In the event any tree is removed by the Company, or is damaged to the extent that the city forester determines the tree has lost its viability or functionality, because the Company has removed or trimmed a tree in violation of this paragraph, the Company shall pay the City upon invoice the sum of Three Hundred Fifty dollars ($350) per tree, which amount shall be adjusted annually commencing on the first anniversary of the adoption of this franchise, and each anniversary thereafter by the change in percentage in the United States Bureau of Labor Statistics Consumer Price Index ("CPI") as of the applicable anniversary of this franchise compared to the CPI as of the same date of the previous year. Section 11. The Company shall indemnify, save and hold harmless the City from any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees, on account of injury or damage to any person or property, to the extent caused or occasioned in whole or part by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising in whole or part from the negligence of the City, its officers, employees or agents. Section 12. The franchise fee presently imposed by the City upon the Company under Ordinance No. 58-93 (City Code Sections 11-5A-1 through 11-5A.24, both inclusive) shall continue under this franchise. In addition the City is authorized to impose by ordinance a franchise fee up to the amount allowed by Iowa law upon the gross revenue generated from sales of electricity by the Company within the corporate limits of the City. The Company and City agree that the City Council may in its discretion increase the franchise fee by ordinance, without further consent from the Company, provided no increase shall exceed the maximum franchise fee allowed by Iowa law. Upon notice, the Company shall promptly seek a tax rider tariff from the Iowa Utilities Board and the Company shall begin collecting the franchise fee and any increased fee upon receipt of written approval of the required tax rider tariff from the Iowa Utilities Board. The City shall provide to the Company's Iowa franchise manager, by certified mail, copies of annexation ordinances and all new property addresses to which the franchise fee will be applied. The Company shall commence collecting the franchise fee in the annexed areas sixty (60) days thereafter. The Company shall not, under any circumstances be required to return or refund any franchise fees that have been collected from customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City's imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers the City shall reimburse the Company for the expenses incurred by the Company to provide such data or information. Section 13. The City may, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City owned right of way without charge to Company. In the event such an area is provided, the Company must utilize the area provided for placement of its service lines and facilities as directed by the City or other reasonable location provided by the Company. Nothing in this franchise shall be construed as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. Section 14. In the event the Company is required to move, remove or modify the placement of any of its poles, lines, wires, conduit, conductors, fixtures, accessories, equipment or appurtenances located within the City because of any public improvement or public purposes of the City, the Company shall do so at its own expenses as directed by the City. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its public works director, design such changes to limit the need for the relocation of Company facilities. Section 15. The Company shall make an annual written report to the City Manager summarizing community contributions that benefit the people of the City which have been made by the Company or its foundation. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year and the three (3) prior years. Section 16. The City shall be privileged upon thirty (30) days advance notice to the Company, without charge, to make use of the distribution poles of the Company that are placed within City right of way for any City alarm, City control, or City communication function, including City cameras, excluding any paid subscriber services (but including any City owned cable or wire line communication system for which use the City shall pay an amount consistent with federal law), to the extent that such use shall not interfere with their use by the Company, but the City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of the facilities of the City upon the company's poles. If at the sole discretion of the company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress on specific Company facilities, the City shall not be authorized to attach to those facilities. If attachments are in place, upon notification by the Company of damage or potential damage, the City shall promptly remove said attachments. The Company will contact the City Manager in the event of an emergency. Section 17. The Company will provide to the City energy efficiency materials and rebate forms for display in the building permit department and other City departments as requested by the City. The Company will participate in neighborhood and community events, when possible, and upon a request from the City or neighborhood organization, to encourage City residents to utilize the Company's energy efficiency programs. Section 18. The Company shall make an annual written report before June 1 of each year to the City Manager summarizing the aggregate electric use in the City by sector or type of customer. This report shall indicate the percentage of energy used within the City derived from renewable resources. In addition, the Company will implement starting before the end of 2015 systems to promote customer choice by providing information regarding rates and pricing and available technologies which allow customers to make rational usage decisions and in addition shall install systems to integrate the grid within the City to allow customers to aid in creating system reliability and stability, and provide options for alternative generation in coordination with the Company with attention to integrating renewable supported alternative generation which minimizes or reduces environmental impacts, improves efficiency and reduces carbon fuel usage. Section 19. In the event that the Company should have real estate or any interest in real estate within the City or within two (2) miles of the then current boundaries of the City, which it intends to sell, transfer or which it otherwise intends to divest the Company, it shall first offer to sell or transfer said property to the City upon the terms and conditions upon which the Company intends to sell, transfer or divest itself and in no case shall the Company sell, transfer or divest itself of any said interest in real property without first offering equal terms to the City. The City shall have ninety (90) days to respond to any offer of sell or transfer or divestiture. The failure of the City to respond in ninety (90) days shall be deemed a refusal by the City and the Company may then sell, transfer or otherwise divest of such real estate or interest in real property free of any claim or hindrance by the City. Section 20. The City reserves to itself all home rule authority under the Constitution of Iowa. Section 21. Either City or Company ("party") may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non -breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non -breaching party, and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non -breaching party may terminate this franchise. A party shall not be considered to be in breach of this franchise if it has operated in compliance with state or federal law. A party shall not be considered to have breached this franchise if the alleged breach is the result of the actions of a third party or the other party. Section 22. If any of the provisions of this franchise ordinance are for any reason declared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. Section 23. This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within 10 days of its final passage. The Company shall, within thirty (30) days after the City Council approval of this ordinance, file in the office of the clerk of the City, its acceptance in writing of all the terms and provisions of this ordinance. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of publication. In the event Company does not file its written acceptance of this ordinance within 30 days after its approval by the City Council this ordinance shall be void and of no effect. This Ordinance shall be effective once approved in accord with Iowa law. Passed and approved this 5th day of January, 2015. Bv. ATTEST: CITY OF DUBUQUE, IOWA ayor/Mayor Pro Tem I, Trish L. Gleason, Assistant City Clerk of the City of Dubuque, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. 01-15, passed by the City Council of said City at a meeting held January 5, 2015, and signed by the mayor January 5, 2015, and published as provided by law on January 9, 2015. By: V-�- Assistant City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an;Iowa'corporation, publisher of the TelegraphHerald,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: January 09, 2015, and for which the charge is $262.69. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /17X day of .;�. , 20 /5 . �otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 Cpmpany shall -Clot be ,days of:;receipt; of Company;. The Com - required to construct ;written notice speci pang shall have the replace repair .locate fying the street light in right to assume the and relocate existing need of replacement or defense of4.said action. fac[iities where.; Com repair . If'`because =' of . The ": Company shall • pang facilities •are. extenua ing circum reimburse• the ;City any located ih ',''private . stances the Company:` and all'costs, including easements (whether will ho : be able ; to attorh'ey fees and titled :in the Company replace 'r repair i a penalties, to.the extent or otlier entitles) 'street•116 t'Within ten . allowed.bylaw•which unless} said `private (10) days after notice may result from any easement IS,uporl land the ' Co pang shall '. said action. owned by the City notify the testy within . Section 10. The If the city otders or ten (10) ays of the pruning and removal of requests the Company receipt f written' 'trees shall be: done in to reiocate its existing' "notice fro the City accordance `with cur facilities or equipment what the, xtenuatfng rent nationally ac for''any reason other eireumstan s are„ cepted safety and than as specified 'including a ate when ' utility industry stan- above or as the^Yesuit the Street:II tit will2be dards and federal and 'ofrthe injtial request ofrepaired'orr laced: state law; rules sand a co`riimerciel or other The Comp hy,'shall regiufations:.The Coin - non ppdblic develop adopt a p'rog am •aridparry is authorized and AA -i the Company provide aawriL en copy empowered to prune or shall receive payment to the City under remove at- Company for the cost of such which the o(mpany expense any tree relocation as` a will convert al ,Istreet ' extending Into any precondition to? relo lights in.; the (3'sy., to street avenue; right of eating its •existing Light Emitting Diode way, alley nubile place facilitiesvet equip.ment (LED) lights with''five :orr.publIc:grounds. to The;COmpany shall • (5) years of the maiptain.'eleetric reli not .be requiredi to effective date o > this ability safety, to relocate at.its cost and franchise =The P sties restore utility);service i expense, Company :agree that shout ++ran and; to prevent limbs, facilities in the; public improved, techno bgy branches, ori trunks fright of. way. that have he de`vel`oped hd from interfering'),with beep relocated at commercially reas"n the wires and facilities Company expense at able Buri g t'is e of the 'The the difection •of the franchise, thereaft r, ,pruning and removal of City -in the previous the Company maNI,; tees shall • 00. -7 -Com- , ...thr..00 e 'com- three (1)tyears `its option, substitut OptedIn • accordance OFFICIAL, , a The City ' shall 'different lighting' tech with: nationally' ac- -PUBLICATION consider reasonable rnologies, that providecepted .y safety and ORDINANCE NO 01 15 alternatives in design ,an amount -and ,qualit�l . utility standards cur - .REPEALING ORDI; ing its publ(c Works of Ilght that is at least ,reritiy `ANSI.-2133-201;2 NANCE "NO 58-93 projects so as not equal to:thatprovided American ' ' National AND GRANTING ;TO arbitrarily to cause the by the. LED technology. Standard for; Arbori- INTERSTATE' POWER' Company unreaso Before installing any cultural Operations - AND LIGHT COM noble additlonal ex such substItUte tech Safety Requirements; PANY, ITS-SUCCES- pense 1n exercising its nology the Company nand ANSI A300(part 1). SOBS AND ASSIGNS, authority under! i}his must obtain the.Citys 2008Pruriing,,American THE RIGHT AND NON section. The City shall approval `such appro National Standard ,for EXCLUSIVE FRAN=` also provide; a vol shall not be Tree; Shrub and other CHISE �TO _ ACQUIRE,' reasonable alternative unreasonable withheld Woody , Plant\'.: Mamte- CONSTRUCT ; ERRCT, Iocatlon for r the Sectlon ' 8 The Hance Standard of MAINTAIN y'` AND ` Companys facilities as Company -shall main Practices Pruning and (( OPERATE IN THE CITY,: ,part of� its retocatlon tam the availability of subsequent revisions k OF DUBUQUE, IOWA,:= yrequest: ,service thfoughout the to;these standards. In t:k AN' ELECTRIC SYS Seatiotl 5 in making entire City including the: event any: tree is TEM AND TO excavationss....'111,--.....-..`any newly annexed�lareas, removed by , the FURNISH• AND SELL`: streetstavenueslieys but excluding areas company • ,or;; •is ELECTRIC ENERGY TO ands ublic places for designated'by the Iowa , damaged to"the extent THE CITY , AND ITS ` the iii5taliation, .;main Utilities Board to be the that; the city forester• INHABITANTS •AND tenance or v repair of exeiusive 'service terri determines, the'tree AUTHORIZING > THE any conductor, conduit tory of ahgther electric has:Lost its viability or CITY TO • COLLECT or other appurtenance provider 'by extending functionality, `because FRANCHISE FEES FOR - or the erection of poles lines or facilities in . a th'e• Company has A`, `• PERIOD OF , 25 and „wires of ;other ,manner r coh`sistent, removed.or trimmed a YEARS appliances the -•Com with Iowa law The . tree in violation of this BENT ENACTED by the pang,;.;, shat( not Corhpany shall furnish paragraph ' the : Com - City Council`of the City unreasonabIjl ,,obstruct electric i energy in panyshall pay City of q'ubuque; IoWa the use of the'stfeetssuffleient duantities to upon= invoice:.the sum Section 1. Except as avenues alleys or supply the reasonable of•'Three Nundred Fifty explicitly provided miy public places :.iT,he ' demal)ds of the,' City dollais ($350)per tree. Section 12 hereof Company ,in m„aking and x the frihabitants which amount -shall be regarding ithe Contin-: any such excavations thereof and including adjusted annually co'm- uation bf, th`e,;present'. ` shall; if required by ndustrial ;, users .`in fencing on the first franchise fe,e Ordi ordihahce obtain a accordance, with -the aliniVersary 'of rthe Hance No •58 93 (City City permit therefore regulations and con adoption of this Code Sections 11 5A 1 and . ' shall not d,itlons of•':service ;as "franchise, and each through 11 SA 24 both unnecessarily obstruct. approved ry the Iowa anniversary thereafter inclusive) and all the use of streets Utilities Board by ;the : change in ainehdments!>and sup „ avenues alleys; or Section 9 , Upon •percentage in;) -,).)the :plements the'r'eto shall' public;piaces and •shag 'reasonable request the United States` Bureau Upon the effectjvedate proide; the City Corripahy shall provide ` of ••`Labor 'Statistics of this franchise be Manager or City ,the City on a. project Consumer •Price” Index repealed and', replaced; Manager's desjgneejor .specific basis;" ,infer- ("CPI")' as 'of the. by _ ,this•; Ordinance, such .other person as :mation indicating the ,applicable anniversary Upon theeffective date the City may designate .horizontal Al:,::-.. Iocation, of • this franchise fef chis ordinance, all . With -24 hours'• notice relative to tboundaries compared to the CPI as prior 'electric fran prior „to the actual' of the riglt;of way,:of :'of the same date of the chises granted to the , commencement of the alb equlpment which' it previous year: Company , to furnisjiA,.-,--.W.ork„ and shall comply owns or over which It•Section•. -11 The electric service. to .the, itji;all provisloi's and ,has control that is Company shall, in.dem- City and its,inhabitahts' requirements of,- the located in�City right,of nlfy, = save and,' • hold are. hereby ':;repealed City in its regulation of way, including 'doeu i harmless the City from and all ; other ordl the Useof City right of jients maps and other .any. ,:and all • : claims, nances or.•parts of ,'^lay lin performing lhm fo(ation`in paperor suits,' losses; damages, ordinances in conflict, u sch Work In emeY eiec Conic or +other costs or expenses, herewith . , are also gencies).. which retjuire forms (i'Inf<ormatioh"), including • attorneys' hereby repealed f Imnjediate excavation The Company •shall *:fees, on account .of Section 2.>There isi .the .'Company may also provide upon Injury or damage to hereby = granted to' proceed with the -work : request 'of the City .;any person , or Inthrstate Power and' foirh�or, fobtaining ina� ',upping' datainindcl'at- causedyoroo casioned t ,Light Company, (here- inafter called Com- permit, proVided, how , ing the horizontal and ,,,-.1n. whole or part by the pang) and ="'to ., its • ever that the Company Vertical locations, Cela- ' Company's negligence successors . and . as- shall apply for; and five to'the boundaries in construction; recon - signs,. the ;right .and ` obtain an #excavation offthe Fight of way,';of • structlon, '• excavation, •non- exclusive fran .permit as soon as Nall ,equipment .Which ' operation or- main- chise to acquire;;w possible: after 'eom the Company owns,or tenance• of the electric charge to Company In .case shall the the event such an area Company sell transfer '. IS' provided the . or: divest • itself of any 1 Company -must - utilize said interestin real .'the area provided,+for property, wIthout,first. placement 'of its offering-drilla'terms•to service lines and the City, The.City shall facilities as directed by have ninety(90) days • `i the . ',City or' ''other • to;respond to any offer reasonable location . Of 'sell Or - transfer, or '• provided • by' '+ the'divestiture; The failure <'Cornpany Nothing in of the -City ,to respond this franchise shall be in ninety (90)"• days construed as a shall." -be deemed a guarantee that' in . refusal -by the City and either eidsting right of -the Company may then i�way .or in future, sell; trahsfer oY acquired right'.of:-Way otherwise ,divest of, the City will provide . such real' : estate 'or isuffIbient space fo'r any interest ()In real particular, need--of!the •,property free ofi any Corimp`any nor shailkthe. claim or hindrance, by • City be required to the City fobtaln additional"right section: 20 The City 4 o way solely for the reserves -to Itself all r' use of th'e Company home rule authority :( Section 14 In" the under the Constitution event the Company is of Iowa. '"required to • shove Section 21.tither;City • 'remove or modify the .,or,Company (' party") .placemeht of any of Its ,may, terminate ,`.thisri {poles Imes, wires franchise' Itthe other,? •conduit, ;' conductors party -shall • . be -fixtures, accessories,- materially in breach of lequipment oa--appur- . its provisions; Upon,the itenances located'.with- occurrence of 'a Lin the City because' of material , breach, the any public, improve- non breaching party fent• or - public shall provide the j purposes of the; City, breaching ,party with the Company .shall do notification'by certified so at its;owp •expepses , Mail specifying - the .!. as directed bythe City. alleged,-; breach, Ther. In planning for,: the breaching , partyi shall lextepsion or,:, modifi- have 60 days ;to cure cation, of streets and the breach,i unless' it aroads, the Cityshall, to notifies,-the.:non- s the extent practicable breaching -party, 'and m the.discretionof.its the parties agree upon`', public ,works director, a longer. „period for design such changes to cure If' the; breach is„ Jimit .the„need, for the not cured >within the relocation of Company cure period; the •'non- facilities: breaching party may i Section 15 :;The .terminate_,this, )° frau- Company shall . make •cfiise A party shall Clot an annual written be. considered to be In 1 }eport , o , the - City , breach , ;of this Manager summarizing franchise ,if it, has community, contnbu operated,irieempliance tions that benefit .the with state;; or'federal people.. Of the ;City , law -A party shall not which have been made be considered to.,,have by the-Companyor its breached this: fran- foundation,. The written : ohise If „the. .alleged ireport shail,jnclude,the ;breach iS the result of name of'each,eptity,to .the actions;of. a third i�vhich uch,, contri- party or, the other ; ibutions'; have, •;peen party .. made, the amount ; of Section 22; Jf any,of such•,contribution and the :Provisions, ofthis€ :. a comparison showing ,franchise ordinance contnb'utions for•lthat, are,, for any . reason{ year and the three (3) . declared to -be: illegal prioryears or; void, :the lawful; l Section 16 The City , ,proVisjons ,; of this shall ,'be privileged .franchise ,}ordinanc, upon thirty, (30) -:.days •, which are :severable • advance; notice to the :from •said unlawful Company, without provisions; shall be•and i charge, to make use of ,.remairrin full force,and . the. • distribution poles effect, the; same :as If of the ,Company that -.;:-.:;the franchise ordl re placed within: City ,nonce contained ..no • right of,; way ;for; any , •illegal or ,Vold Oity • alarm City - •;,provisions. control, <or City cdm- Section; 23... This njunieation •function,. or,•dinanee -,. and ;the includidg City cameras, ,rights• and,.: privileges excluding any -paid;herein granted shall ,subscr•ber services become effective (1)ut including any, City : Uihding upon its owned ;cable orf ire approval and passage line •:communication • in, accordahce WJth system for which, use Iowa IoW - andt the the City. shall pay • an ,,Written acceptahcg ,}iy amount consistent the Company The Ciity . with ,federal law), to t shall provide .Co,� pang. • the extent.. that such •,yJith an origlnal'slgned • use •shall not Interfere and sealed copy of thls i with their use by; the ;ordinance .Within '10 Company, but the 'City ,days of ::Its' final shall hoid.tile.ConlpanY passage. The.Cornpany 'harmless from anyand ,.shall, within thirty (30) ; all t causes of - action,. days' after', the-) City litigation or damages t Council approval ' of arising'• :through the :this 'ordinance; file, in placing of•the facllltles .,the office of theTelerk of the,‘ City upon - the ' of . the ,-;City, -I ts'. company's'poles. It. at acceptahee:1C, Writing the sole;:discretion •of of all the:terms and construct, reconstruct,' mencing such ;emer replace erect, main gency work. -'The r taln'and'operate In the Company shall comply 1. City of Dubuque, Iowa with•alhprovisiohs.and (hereinafter': called;,the reduir`ements of :;the City') a system 'for,' 4 City im its regulation of 1. the, distnbutioit",'r''of the use of city right of .:' `electric enetgy along, :way i-frpo•nfornting`an,- 1 under over •arid•Upon ; exeavati'ons. The porn, - ' _streets,, avenue's-' pony shall comply_with; rights of way,' alleys, all -.city ... ordinances public places or public regarding paving cuts, grounds :(excluding - placement of facilities parks).'1!),..-i,1-',...,' serve '• and ` restoration ' ' of• customers m the : paV@@meat, and Other City, and to futnlsh arid...., -,,,p. `; pubUJc infrastructure.. sell-electric..eneYgy to The: Company shall• the City,and ' jts replace .,the , surface, inhabitants ,The City restoring, the cond[tion. Council rese`ryes to _ as existed prior to;the • itself the right to Company s excavation, ;extend this franchise but, ;shall not .; be' to specific areas `or required to+improve or corridors iwithifii parks, modify the public tight at;•the redueet of • the, of way; t(hless 'said Corripany The.` Com . improvehieht is rieces- pang is granted the:= sary to;meet a\SUDAS right, to•eer'cise of (Statewide Urbane 1. powers of eminent - Design and Specifica- domainr This'franchise tions) standard a shall be effective fora requ reipent of 'the 'twenty five:: (25) year .a.Amni cans with . Disa- period frohi acid after 'biiities f Aet oY t any the effective date of other standard irian this ordjnattce, ; da e 1 oy state; or Section _ 3 The .`federal law provided Company shall have . however, If any tl)e' right-t,o erect all `Improvement is re necessary ole andito '°''questedFor tequir,•ed for place'. thereon and .,aesthetic, ,cosmetic, or attach thereto the 'simiiarpgrposes ;:not necessary wire's guys, :'mandated y,;thete or anchors fixtures and 'federal; zlaw the. 'City accessories as=weli as shall reimburse ,the to excavate and bury, .Company;, the incre= conduits or donducto s mental , cost of such pd: related,equipmeht improvements The and appurtenances for Cgmpanyy 'shall ,corp - the distriby ion of plete all repairs 11a electric enerdy; in„and ,,,timely and , prompt through the CJty • manner ,t Company. provided the same .agrees an� replace - shall be placed, ip ment of `road surface accord With= thiss[talla conform '. to, [ franchise and the City ;current City ordinances 1 Cgde, hnd regiliations ennipbing'[ts depth and of the City of Dubuque :compos(tron regarding the' place Section 6 The City meet replacement wben Vacating a street, repair, or construction ,avenugi =afey public of;structures £facilities, ground gr public right accessories orY ober : of way shall not objects In the rlgh of deprive :.the Company ay ,:by utiljttes and‘,,.":,!0.A.11,,,.flright to ,opefate her users of the rightanmaintain existing 0f s'way it ,including r"facilities and their ordinances wjjich as ,'replacements on ;be - sign corridors or other ;low above, or beneath lacements to,users of the vacated` property, the right of way and .Prior to the City reguirernents vfhlch ;abandon(lig, or vacat- may, ; be. adopted ; i(�g an'street avenue, regarding separations ' .'alley right of. way or of structures facilities 'other .:public .ground accessories or; other .. whoFe the Company obiects has electrig facilities Sectio•n 4 The City the4City shall grant`the may require the ',Company a utility 1. CopipaQyj for the _easement for .said purposes of fa9riJtating facilities ; ThIs para ftheconstructlon,recoh graph shall rrirot apply structioni maintenance s.10 -Y, the realignment, I or repair of the',street • <:reconstruction, or"vasa h avenue, right ofway or rtion of streets or alleys alley,.-ublia places or ;,ih a designated urban grounds in accord with renewal areal , fro the ordinances,.of the 'vided however . the City at the Cdn pony's City shall identify, cost `and expense in reserve ands' make accordance with Iowa .available alternate law; including' Cpm locations -for facilities pang's' Tariff bn file to serve;I:he siesigrlated with and made .,urban renewal area effective by the Iowa' copsistenthN)(,th ;the Utilities Board as may technical heeds Qf the subsequently be Company' I ', amended to construct, Seotigh -e The r replace repalr;,locate cgmpanyagrees that, and , relocate its 'unless ,there are . � existing facii(tles or - extenuating circum - equipment in, on over stances • because ;. of 1 or under, ani,; public ,damage ,supply short - street, aVenue, right of ; age or -. r other reason {•way, alley; , Public:- ,,beyofid the Company's places or grounds in control, •,the Company the ' City • in: •such a shall repiace any street : manner - as .the city light .which is burned , » may ,,'reasongbiy re- ,put or otherwise :not quire; except the functioning within ten. , Company sha l .net be ;days of : receipt ;'of i required to construct , .'written notice speci- replace repair; locate fying the streetlight in . over which it has facilities authorized by —Control and Which . is this :franchise;, pro- located'in any right=of vided,;' however, . that way. With respect to the Company shall not equipment 'which was •be obligated to defend,, in'' place, '- as -- of indemnify ' and save December -31, 1998, the, harmless the -.City for Company =may:satisfy any, costs or.—damages - this requirement" . by , to the extent arising in providing - copies' •of ; whole or part from the maps showing equip- negligence of. the City, riient locations- which . its,off icers,,employees were developedand dragents, kept by. the:Company Section, .12, . The in the ordinary!couree franchise fee presently ofr business, provided imposed ,by ,the City that if -such mhps do upon the Company not show the location under Ordinance No.58- of:, all such existing 93 (City Code Sections equipment, the' Com- 11-5A-1 through, 11- pany will be required 5A.24, both inclusive) • to .field, • 'locate 'Shall —continue under equipment not `shown this franchise. In on such maps and • addition the City Is • provide mapping data authorized . to impose for such equipment by ordinarjce a provided that respect franchise fee up -to the ' to • equipment Which amount allowed by the Company placed •" Iowa law upon. the- • within the right-of-way gross revenue gener- after , December'; 31, ated from sales of 1998, the Company .electricity • by the shall provide mapping Company Withiij the: .data l with.„.2,1- the1:. corporate. limits'of:the specificity 'and ,in the City. The Company and format required by the City agree that the City , • City for inclusion in the Council may --in its .mapping system ;; used' discretion increase the by "the City; as more . franchise fee;, by specifically provided in ordinance, without fur= the Pity's utility therconsent from the accommodation and Company, provided 'no street —restoration Increase shall • exceed specifications . The the maximum frail - company and City chile fee allowed ,by recognize:. 'the Ihfor lowa,iaw, Upon notice, nation may in -whole or the Company shall part be considered a ” promptly seek:. a tax, confidential record rider tariff from the under -state or1.federai Iowa; • Utilities Board law or both. Therefore, and the Company -shall the City shall'..net begin collecting the release any, Informa franchise -fee and •any • tion without prior increased fee upon consent of.,",..!. the receipt of written Company and, shall( approval ofthe return the..lnformation • required tax rider tariff to Company upon; front the Iowa, Utilities request, '• The City, Board. The 'City "shall recognizes that Com-, provide to the parry. .• ,claims, , ;the Company's Iowa fran-- Information may -con-' chyle ; manager, by • stitute a trade sedret certified mail, -copies of or';, . is otherWise' annexation ordinances . protected from public' and all new` property.. disclosure by state or• addresses to Which the federal 'law • on othef .frahehise fee' will' be grounds and'agrees;to. applied. The Company protect the Information .shall commence col - to .the -:extent, allowed lecting; the franchise • .by state orfederallaw. fee, in the anneked Furthermore, the City, areas.sixty '(60) days agrees that •no " thereafter,. documents, maps or The Company shall information• prpyided not,' under . • any to''-- the ,-,City • by the eircumotances be re- companyshall be- . quired oto return or, made available to t e: refund any franchise public or other entiti s fees: ,that have been if., such documents r collected from custo- ihfOrmatiOn'+are ek mers;andremitted to ; • em',the from, the City.In the~event under the provisions of the Company: Is the Freedom of •required to r'provlde.•. Information ,Act thb data or Information in Federal Energy Regu-: defense' of'the City's latory Commission Cri, imposition of franchise tical , Energy n Infra:;, fees or the Company is structure requirements required to •assist";the ' pursuant' to 18 CFR: • City, _ in -identifying . 388.112 and 38$113, or customers or oalcu- Chapter'22 of the.Codet: 'Ming any franchise fee of Iowa, as such refunds for. Broups of statutes and regula' or Individual customers tions may be'amendedl; • the City shall reim- from time to time. in`, burse the Company for the event any action at the expenses • Incurred law, : in • equity or, by the Company to , administrative is' provide such data or brought against the'. Information. City regarding dis--5; Section 13. The City `closure • of ' any may, in the extension • document which the , or modification of Company has .desig- t' streets and roads, hated as a trade Secret i r make provision for the - or as • otherwise , placement of Company 'Protected from dis- service • lines and closure the city' shall ; facilities on City owned • promptly notify .the right • of way without Company; The Com- charge to Company. In pany shall have the,. the event such'an area'. right to -;assume the t.is - nrovided. rhn , the company, 1t is provisions • of this' determined ,that said ordinance. Following attachments may- City' Council approval,. create • a clearance this ordinance shall be violation, or, .. other published in accor- hazardous, situation, or dance' with theCode of that...wind or . other Iowa. The effective conditions may , place , date of -this ordinance Undue: stress on shall be the' date of specific Company facil- publication. In the ities, the City shall not event . Corripany' does be,authorized to,attach ,:not file its written to those;; facilities: If acceptance of this, • attachments are ipordinance within 301 bloc@, up,o notifica,,' days after Its "approval ; tion by the ompany ofr, bythesdityCouncil this.l damage :or. potential ; Ordinance shall be void damage, the city .shall and of no effect. • promptly' remove said, :This. Ordinance shall I attachments. The Com- be•. effective once 1 pany will 'contact the—approved, in; accord ; City Manager in • the • . with Iowa law. event of an emergency. Passed and'approvedI Section • 17. The this 5th,dayof January, Company will- provide 2015 - to the City energy /s/Roy D. Buol, Mayor,1 efficiency , . materials Attest /s/Kevin S. and rebate forms .for Firnstahl • display,'in-the building Published'officially in permit department and the Telegraph Herald other City departments newspaper on theAth as requested by the day' of January, 2014. City. The .,Company will . /s/Kevin S. Firnstahl, participate ih' • neigh -City Clerk borhood and commun t 1t 1/9 ity events,., , when possible, and upon a request .from the :City or neighborhood organ- ization, , rgan-ization,l:to encourage City residents to;utilize the Conjpany's energy efficiency programs. • • Section' -18. The company,; shall .make_ an -annual • written repot -before June 1 of each year to the City' Manager; sun)mariting ,the aggregate. electric use in. the City by' sector or type gf:: customer. :this , report shall indicate : the, percentage of energy used Within the,rcity derived. from renew- able resources, , In addition, the Company ,will implement starting before -the end of .2015 systems to z promote customer choice •ley providing ;information regarding rates. and pricing , and :available .technologies - ,Which •allow, Customers; to make; rational, usage decisions and ' in addition , shall -•install systems to, integrate 'the:grid. Within the City to alldw cu'stomers'to'- aid in_ creating,system reliability and stability, :and provide options for alternative generation in coordinationwith the Conipanyi,..With. attention to integrating • renewable, supported • alternative;, generation which minimizes . or reduces environmental:: Impacts, Improves effi- ciency, , and reduces carbon fuel usage. Section 19, In the event that ,the Company should ;have reale estate or' • any interest In :real ,.estate .:1 within the • city:. or l Within two (-0 miles of the .'''..then Current boundaries of the City, which -lit intends to sell,- transfer or. which-. It otherwise •Intends to divest the Company,. it shall-first,offer.to sell or --transfer 'said property to the City upon . the terms and conditions, upon which the.,company: intends: to , sell, transfer or divest,ltself And .10 no pose:. shall the Company sell, transfer nr dlunet. ifcaif of fanv STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 19, 2014, and for which the charge is $24.07. CITY OF DUBUQUE, IOWA OFFICIAL NOTICE ON THE MATTER OF A PUBLIC HEARING ON THE PROPOSED ADOPTION OF A TWENTY-FIVE YEAR FRANCHISE AGREE- MENT WITH INTER- STATE' POWER AND LIGHT COMPANY PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, State of Iowa, will meet on the 5th' day of January, 2015, at 6:30 P.M., in the City , Council Chambers, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to consider the adoptiOn of t t" an ordinance approving a twenty- , five year franchise agreement with Inter- state Power and Light Company pursuant to Iowa Code § 3E4.2. A copy of the proposed ordinance and franchise agree- ment tis on file at the ' Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa. Written comments regarding the ordi- nance and franchise agreement may be submitted to the City Clerk on or before the time of the public hearing. At said time and place of the public hearing, all interested citizens will be given an opportunity to address the city council regarding the pro- posed ordinance and franchise agreement. Any visual or hearing- impaired persons needing special assistance or persons with special accessi- bility needs should contact the City Clerk's office at (563) 589-4120 or TDD at (563) 690- 6678 at 'least; 48 hours prior to the meeting. This Notice is given by order of the City Council ,of Dubuque, lowa, as provided by Sections 364.2(4) and 362.3 of the Code of Iowa, as amended. Published by order of the City Council given on the 15th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk lt 12/19 day of d, Subscribed to before me, a Notary Public i and for Dubuque County, Iowa, this j rzi , 20 /fr. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exp. FEB. 1, 2017 Trish Gleason - Fwd: "Contact Us" inquiry from City of Dubuque website From: Stephanie Valentine To: Gleason, Trish Date: 01/05/2015 2:06 PM Subject: Fwd: "Contact Us" inquiry from City of Dubuque website »> From: "Citizen Support Center" <dubuqueia@mycusthelp.net> To: <svalenti@cityofdubuque.org> Date: 1/5/2015 2:01 PM Subject: "Contact Us" inquiry from City of Dubuque website Contact Us Name: Loras Pape Phone: 5635881435 Email: Ipape@papetransfer.com City Department: City Council Message: Since writting my last Letter to the Editor regarding Dubuque's reckless spending habits, I've had more than 50 individuals come up to me Thanking me for my opinion. Some also mentioned we need to get voices on the City Council that will listen. The next election our group will work on that. Tonights vote to raise the franchise fees should be voted down. You need to spend LESS Click here to report this email as spam. 01/05/2015 Masterpiece on the Mississippi 2 Keith Sherman Alliant Energy Corporation 719 N. 18th St. Centerville, IA. 52544-1113 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563) 589-4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org January 13, 2015 RE: Certified Copy of Ordinance 01-15 regarding City of Dubuque Franchise fees Dear Mr. Sherman, Please find enclosed a certified copy of Ordinance No. 01-15 entitled AN ORDINANCE REPEALING ORDINANCE NO. 58-93 AND GRANTING TO INTERSTATE POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON- EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS, passed on January 5, 2015, published in the Telegraph Harold Newspaper on January 9, 2015. An invoice for the publication cost will be sent at a later date. This ordinance has been provided to Alliant Energy by electronic means as well as personally handed to an Alliant Energy representative on January 6, 2015. 1f you find that this certified copy is a duplication for your files, my apologies. Please feel free to contact me at 563-589-4120 if you have and questions, concerns or need additional information. Sincerely, Trish L. Gleason Dubuque Assistant City Clerk CC: Barry Lindahl, Dubuque City Attorney Enc: Masterpiece on the Mississippi City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4805 Dubuque ***** Afi-America City 11111.1 2007 • 2012 • 2013 Keith Sherman Alliant Energy Corporation 719 N. 18th St. Centerville, IA. 52544-1113 RE WED 15 JAN I 3 PM 3: 48 City Clerk's Office Dubuque, IA ALLIANT ENERGY. January 26, 2015 City Clerk's Office Attn: Pam McCarron 50 West 13th Street Dubuque, IA 52001-4805 Dear Pam: Interstate Power and Light Co. An Alliant Energy Company 719 North 18th Street Centerville, IA 52544-1113 1-800-ALLIANT (255-4268) www.alliantenergy.com Here is Cashier's Check No. 250504 for $262.69 to reimburse the City of Dubuque for publication of Alliant Energy electric franchise Ordinance No. 1-15 in the January 9, 2015 edition of The Dubuque Telegraph -Herald. Please mail a receipt for payment to: Keith Sherman, Alliant Energy, 719 North 18th Street, Centerville, IA 52544-1113. Thanks for your help and cooperation. Respectfully, Keith Sherman Sr. Community Relations Manager Alliant Energy age. 1of1) 1MbD1A Print. Digital. Social. BILL DATE .` 1 1/9/2015 `> CITY OF DUBUQUE KEVIN FIRNSTAHL 13TH -CENTRAL DUBUQUE IA 52001 csTART DATE END DATE 1/7/15 './7715 r.v. DOA DUBUQUE, IOWA 52004-0029 BILLING PERIOD 1/01/2014 to 1/09/2014:;` Woodward Communications, Inc. A DYNAMIC. EMPLOYEE -OWNED MEDIA COMPANY GOOD PEOPLE. REAL SOLUTIONS. SHARED RESULTS. LEGAL ADVERTISING INVOICE SALES 'REPRESENTATIVE PHONE Sandy TERMS °F PAYMENT Upon Receipt ........ . ADVERTISER;: 63-588-5600/800-553-4801 'BILLED ACCOUNT # . 101365. ADVERTISER NO. 101365) CITY OF,DUBU PO#/DESCRIPTION.: Ordinance No.`03 15 Sledding Ordmance> • Oi dma ice 04-:15 Electrical Code Ordinance No 01 15 v.TIMES' LOCATION 1000 -egg SIZE .0() N76.1_ AMOUNT.:, 1657;; $262 69 Please pay from this invoice. Statements will not be mailed at month-end. PAY THIS :TOTAL AMOUNT DUE AMOUNT -O $392.84 ... PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR REMITTANCE LEGAL ADVERTISER CITY OF DUBUQUE LEGAL ADVERTISER NO. 101365 N'ED1A P.O. Box 29 DUBUQUE, IOWA 52004-0029 I11111111111111111F1111i1111111111111111111111111111111{111111 BILL DATE 1/9/2015. J PAY THIS AMOUNT TOTAL AMOUNT DUE $392.84 AMOUNT PAID Thank You! THIS DOCUMENTHAS VISIBLE FIBERS, INVISIBLE FLUORESCENT FIBERS, CHEMICAL REACTANT STAINS, AND A WATERMARK ON BACK COMMUNITY Y CREDIT UNION" MAIN OFFICE: 235 RICHMOND OTTUMWA, IOWA 52501 739 PENNSYLVANIA OTTUMWA, IOWA, 52501 LOCATIONS: ALBIA, AMANA, BLOOMFIELD, CEDAR RAPIDS, CENTERVILLE, FAIRFIELD, GRINNELL, OSKALOOSA, PELLA, AND WASHINGTON Two Hundred Sixty -Two and 69/100 Void after 180 Days TO THE ORDER`OF; City of Dubuque CASHIER'S CHECK * JYcur'ngsf,d,,federally l red la S250.0001 NCUA NollonalCredit U f Administration, U.S. Govemrnent Agency s 250504 53-332/113 Date: January 26, 2015 ******262.69 SI UR 11' 25050411' 1: 273975? 2i0: LOO 2000 78011'