Maquoketa Valley Electric Cooperative Franchise Agreement_Initiate Copyrighted
September 17, 2018
City of Dubuque Items to be set for Public Hearing # 3.
ITEM TITLE: Maquoketa Valley Electric Cooperative Franchise
Agreement
SUMMARY: City Manager recommending that the City Council set a
public hearing for October 1 , 2018 on an ordinance
granting a new Franchise Agreement with Maquoketa Valley
Electric Cooperative.
RESOLUTION Setting a public hearing on an ordinance
granting to Maquoketa Valley Electric Cooperative, its
successors and assigns, the right and nonexclusive
franchise to acquire, construct, erect, maintain and operate
in the City of Dubuque, lowa, an electric system and to
furnish and sell electric energy to the City and its inhabitants
for a period of 25 years and authorizing the City to collect
franchise fees
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for October 1, 2018
ATTACHMENTS:
Description Type
Maquoketa Valley Electric Franchise Agreement-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Setting Hearing Franchise Agreement Resolutions
Proposed Ordinance- Franchise Agreement Ordinance
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Maquoketa Valley Electric Cooperative Franchise Agreement
DATE: September 10, 2018
Senior Counsel Barry Lindahl recommends the City Council set a public hearing for
October 1 , 2018 on an ordinance granting a new Franchise Agreement with Maquoketa
Valley Electric Cooperative.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
THE CITY OF Dubuque
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BARRY A. LINDAHL, E
SENIOR COUNSEL '
MEMO
To: Michael C. Van Milligen
City Manager
DATE: August 30, 2018
RE: Maquoketa Valley Electric Cooperative Franchise
The Maquoketa Valley Electric Cooperative (MVEC) electric franchise granted by the City
of Dubuque in 2004 expires October 3, 2018. The approval of a franchise requires a public
hearing before the City Council.
MVEC has not yet agreed to the franchise agreement.
Enclosed is a resolution setting a public hearing for October 1, 2018 for the ordinance
granting a new franchise, as well as a separate ordinance establishing a franchise fee.
I recommend that the resolutions setting the public hearings for October 1, 2018 be
submitted to the City Council for adoption.
BAL:tIs
Attachment
cc: Crenna Brumwell, City Attorney
James Wainwright, Esq.
Steve Nadel, Esq.
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\MVM_MVECFranchiseAgreement_083018.docx
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, �-IARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TE�EPHorvE (563)583-4113/F<vc (563)583-1040/Ennai� balesq@cityofdubuque.org
RESOLUTION NO. 277-18
SETTING A PUBLIC HEARING ON AN ORDINANCE GRANTING TO MAQUOKETA
VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT
AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT,
MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC
SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS
INHABITANTS FOR A PERIOD OF 25 YEARS AND AUTHORIZING THE CITY TO
COLLECT FRANCHISE FEES
Whereas, Ordinance No. 20-04 granted to Maquoketa Valley Electric Cooperative,
its successors and assigns, a nonexclusive authority effective March 2, 2004 (the
acceptance date by Maquoketa Valley Electric Cooperative), to.maintain and operate an
electric system within the limits of the City of Dubuque, Iowa (the Current Franchise
Agreement), which Current Franchise Agreement expires October 3, 2018; and
Whereas, the City Council of the City of Dubuque desires to enter into a new
franchise agreement with Maquoketa Valley Electric Cooperative. A copy of the
Ordinance granting the franchise, attached hereto, is on file in the Office of the City Clerk,
City Hall, 50 W. 13th Street, Dubuque, Iowa; and
Whereas, Iowa law requires that the City Council hold a public hearing on the
question of the adoption of the Ordinance granting the franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the Ordinance
granting the franchise to Maquoketa Valley Electric Cooperative is hereby set for the 1st
day of October, 2018 in the City Council Chambers, Historic Federal Building, 350 West
6th Street, Dubuque, Iowa, beginning at 6:00 p.m. I
Section 2. The City Council hereby dispenses with an election on the adoption of
the Ordinance as provided by Iowa Code sec. 364.2(4)(b).
law.
Section 3. The City Clerk shall publish notice of the public hearing as required by
Passed, approved and adopted the 17th day of Sept mber, 2018.
Roy'D. BE)I, Mayor
Attest:
Kevin S.Firnstahi, City Clerk
F:\Users\tsteckle\Lindahl\Franchise Fee Ordinance Notebook\Maquoketa Valley\ResolutionSettingPublicHearingGrantingFranchise_MVEC_083018.docx
083018baI
ORDINANCE NO. -18
AN ORDINANCE REPEALING ORDINANCE NO. 20-04 AND GRANTING TO
MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND
ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE,
CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE,
IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY
TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT
FRANCHISE FEES FOR A PERIOD OF 25 YEARS.
BE IT ENACTED by the City Council of the City of Dubuque, lowa:
Section 1. Ordinance No. 20-04 (City Code Sections 11-5B-1 through 11-5B-24
both inclusive) and all amendments and supplements thereto shall upon the effective date
of this Ordinance be repealed and replaced by this Ordinance. Upon the effective date of
this Ordinance, all prior electric franchises granted to the Maquoketa Valley Electric
Cooperative to furnish electric service to the City and its inhabitants are hereby repealed
and all other ordinances or parts of ordinances in conflict herewith are also hereby
repealed.
Section 2. There is hereby granted to Maquoketa Valley Electric Cooperative
(hereinafter called "Company") and to its successors and assigns, the right and non-
exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and
operate in the City of Dubuque, lowa (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
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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, including City of Dubuque Code of Ordinances
Title 11 , Chapter 1 , Nonfranchised Communications Systems in the Right-of-Way,
regarding the placement, replacement, repair or construction of structures, facilities,
accessories or other objects in the right of way by utilities and other users of the right of
way, including ordinances which assign corridors or other placements to users of the right
of way and requirements which may be adopted regarding separations of structures,
facilities, accessories or other objects.
The Company shall allow the joint use of its poles and trenches for wires, wireless
equipment and antenna attachments to preserve the right-of-way available to for all users
of the right-of way.
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 lowa law, including Company's Tariff on file with
and made effective by the lowa 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, including undergrounding
of its facilities, 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.
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.
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
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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.
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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.
The Company shall coordinate with the City on the placement of street lighting and
the collocation of City's public safety equipment and cameras on Company facilities.
The Company shall develop a net metering tariff that provides that the City as a
customer shall be credited with kilowatt-hours (kWh) at a ratio of 1 :1 for any excess
production of an on-site renewable energy system that exceeds the City's consumption
of kWh in the billing period. The Company shall carry over any excess kWh credits earned
by the City and apply those credits to subsequent billing periods until all credits are used.
The Company shall charge the City for electric usage of any of the City's equipment
on the Company's poles on the basis of rates agreed upon by City and the Company,
which agreement shall not be unreasonably 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 lowa
Utilities Board to be the exclusive service territory of another electric provider, by
extending lines or facilities in a manner consistent with lowa 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 lowa 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
4
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 lowa, 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
5
any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees,
on account of injury or damage to any person or property, to the extent caused or
occasioned in whole or part by the Company's negligence in construction, reconstruction,
excavation, operation or maintenance of the electric facilities authorized by this franchise;
provided, however, that the Company shall not be obligated to defend, indemnify and
save harmless the City for any costs or damages to the extent arising in whole or part
from the negligence of the City, its officers, employees or agents.
At all times during the term of this franchise, the Company shall maintain insurance as
set forth in the insurance schedule attached to the ordinance codified herein, which
schedule shall be subject to amendment by the city council as it deems in the best interest
of the City. The Company shall require its contractors and subcontractors to maintain
insurance as set forth in the City's Insurance Schedule for General, Artisan or Trade
Contractors, Subcontractors or Sub-Subcontractors.
Section 12. The City is authorized to impose by ordinance a franchise fee up to
the amount allowed by lowa 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 lowa law. Upon notice, the Company shall promptly
seek a tax rider tariff from the lowa 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 lowa Utilities Board. The City shall provide to the Company's lowa
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. The City shall be privileged upon thirty (30) days advance notice to
6
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 15. 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 16. 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 technologieswhich 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.
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.
Section 17. 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
7
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 18. The City reserves to itself all home rule authority under the
Constitution of lowa.
Section 19. 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 20. 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 21. This Ordinance and the rights and privileges herein granted shall
become effective and binding upon its approval and passage in accordance with lowa
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 lowa. In the event Company does not file its
written acceptance of this Ordinance within 30 days after its approval by the City Council
this Ordinance shall be void and of no effect.
PASSED AND APPROVED this day of , 2018.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
a
ATTEST:
Kevin S. Firnstahl, City Clerk
I, Kevin S. Firnstahl, City Clerk of the City of Dubuque, lowa, hereby certify that the above
and foregoing is a true copy of Ordinance No. - , passed by the City Council
of said City at a meeting held , 2018, and signed by the mayor
on the _ day of , 2018, and published as provided by law on
, 2018.
(OFFICIAL SEAL)
City Clerk
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INSURANCE SCHEDULE G
Requirements for Vendors (Suppliers, Service Providers)
10
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
1. Company shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage
required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most
current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall
include a statement under Description of Operations as to why the certificate was issued. Eg: 2018
Franchise Agreement, Project#, or purchase agreement.
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa
and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The vendor shall be required to carry 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.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an
equivalent form is approved by the Finance Director. The vendor must identify or list in writing all
deviations and exclusions from the ISO form.
8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be
this agreemenYs required limits.
9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the
performance of work insurance for the coverages described in this Insurance Schedule and shall obtain
certificates of insurance from all such subcontractors and sub-subcontractors. Vendor 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 Vendor.
Page 11 of 15 Schedule G Vendors April 2017
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $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 CG0001 or business
owners form BP0002. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 0002, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include an endorsement that deletes any fellow employee exclusion.
6) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as
prescribed by lowa Code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Other endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
Code sec. 87.22
_yes _form attached
Page 12 of 15 Schedule G Vendors April 2017
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY
Coverage required: _yes X no
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include premises and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) as stated in A(6) above.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROFESSIONAL LIABILITY $1,000,000
Coverage required: _yes X no
Provide evidence of coverage for 5 years after completion of project.
E) CYBER LIABILITY $1,000,000
Coverage required: _yes X no
Coverage for First and Third Party liability including but not limited to lost data and
restoration, loss of income and cyber breach of information.
F) UMBRELLA/EXCESS $5,000,000
X yes _no
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
Page 13 of 15 Schedule G Vendors April 2017
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of lowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, lowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 14 of 15 Schedule G Vendors April 2017
ACCEPTANCE
Maquoketa Valley Electric Cooperative hereby accepts the electric franchise
granted to it in the foregoing Ordinance. This Acceptance is intended to be in accordance
and in compliance with law and the terms and provisions of the forgoing Ordinance.
Dated this day of , 2018.
MAQUOKETA VALLEY ELECTRIC COOPERATIVE
By:
Title:
15
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
GRANTING TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS
SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO
ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF
DUBUQUE, IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC
ENERGY TO THE CITY AND ITS INHABITANTS FOR A PERIOD OF 25 YEARS AND
AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a
meeting to commence at 6:00 p.m. on Monday, October 1, 2018, in the Historic Federal
Building, second-floor, 350 W. 6th Street, Dubuque. The purpose of the hearing is to allow
public comment on the question of the adoption of an Ordinance granting the franchise
to Maquoketa Valley Electric Cooperative
Copies of supporting documents for the public hearings are on file in the City Clerk’s
Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal
working hours.
Written comments regarding the above public hearings may be submitted to the City
Clerk’s Office, 50 W. 13th St., on or before said time of public hearing. At said time and
place of public hearings all interested citizens and parties will be given an opportunity to
be heard for or against said proposal.
Any visually- or hearing-impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or
TDD (563) 690-6678 at least 48 hours prior to the meeting.
Kevin S. Firnstahl, CMC
City Clerk
1t 9/14
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: September 21, 2018, and for which the charge is $24.93.
31Ara
Subscribed to before me, a a`ary Public i nd for Dubuque County, Iowa,
this air.0 day of ;-2 - , 20 y41.
otary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 154885
My COMI liSSIOn Exp. FP_ra ;.� 2020
CITY OF DUBUQUE, '.
IOWA
OFFICIAL NOTICE
'GRANTING TO
MAQUOKETA VALLEY
ELECTRIC'COOPERA-
TIVE," ITS SUCCES-
SORS
UCCES-SORS` AND • ASSIGNS,
THE' RIGHT AND NON-
EXCLUSIVE •• ''FRAN-
CHISE ' TO 'ACQUIRE,
CONSTRUCT;,, *RECT
MAINTAIN' AND Oe-
ERATE IN -'.THE .`CITY`
OF DUBUQUE, IOWA,
AN ELECTRIC SYS-
TEM AND TOr FUR- I
NISH. . AND r. SELL
ELECTRIC ENERGY TO
THE CITY ANDSITS• IN-
HABITANTS FOR A
PERIOD,OF 25,YEARS
AND.-. AUTHORIZING
THE ,CITY; TO COL-
LECT. - FRANCHISE
FEES
NOTICE is hereby giv-,'i,
en that the Dubuque'
City . Council will 'con-
duct a,-public'hearing
at a meeting to Com-
mence at 6 00, p.m. on '
Monday, October, 1,
2018, in the; Historic-
Federal =Buildng, sec
and-loor 350.1W. 6th;
Street;f, �Dubuque.�iThee
111
purpose -of Yjie, hearing.
is to allow public com-
ment.on the question'
of the.adoptio.n of, an.
Ordinance grant jig the
franchise to Maquoke
to Valley; Electric'C,00p-
erative.
Copies, of supporting',
documents for the pub-
lic hearings areonfile
in, the, City Clerk's Of-
fice, . City Hall, `50; W.
13th St.,Dubuque,
Iowa, and may be
viewed during riormal
working -hours ; ' '
Written comment's re-
garding the above pub- i
lic hearings, may, t,. be
submitted; t6 .the City-+'
Clerk's ; Of ice ; ,50
13th St., on or,.before
said timeof pubbc;
hearing. ,At saidtine;.;
and place. of public
hearings all interested
citizens and parties
will be given an oppor-
tunity to:ke-heard for
al.
or against-said,prop'os-
Any ` visually or,.hear-`
ing impaired , persons
needing special, assis-
tance or persons' with
special' accessibility
needs should contact
the City Clerk's ,office
at (563) .589-4100 , or
TDD .(563) ,690-6678 at
least 48 hours.prior,to
the meeting:
Kekin,S. Firnstahl,,
CMC, City Clerk
It 9/21