Code of Ordinances_Electric Transmission Line Company LicensingTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Electric Transmission Line Company Licensing Ordinance
DATE: February 25, 2013
Dubuque
kital
All- America City
II h/
2012
City Attorney Barry Lindahl recommends City Council approval of an Electric
Transmission Line Company Licensing Ordinance. The significant provisions of the
ordinance are:
• The ordinance requires an electric transmission line company to apply for a
license, which may be granted by the City Council with such conditions as the
City Council may require.
• The petition must include detailed information about the nature and location of
the transmission line.
• The person petitioning for a license must hold a public informational meeting in
the City of Dubuque prior to filing a petition for the license to allow any persons
interested in the granting of the license to attend the informational meeting.
• Petitions for transmission lines capable of operating at sixty -nine (69) kilovolts or
more must include additional information about the overall plan of transmitting
electricity and its relation to the public interest.
• The license may be granted only after a public hearing held by the City Council.
• The license may regulate the manner of construction and location of transmission
lines and such other rules relating to the location, construction, operation, and
maintenance of the transmission line as may be reasonable.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: February 20, 2013
RE: Electric Transmission Line Company Licensing Ordinance
An electric transmission line company has recently inquired about the construction of an
electronic transmission line in the City of Dubuque. The City has no ordinance in place
for licensing electric transmission line companies.
Attached is a proposed draft of an ordinance establishing the procedure for licensing
electric transmission line companies. The significant provisions of the ordinance are as
follows:
• The ordinance requires an electric transmission line company to apply for a
license which may be granted by the City Council with such conditions as the
City Council may require.
• The petition must include detailed information about the nature and location of
the transmission line.
• The person petitioning for a license must hold a public informational meeting in
the City of Dubuque prior to filing a petition for the license to allow any persons
interested in the granting of the license to attend the informational meeting.
• Petitions for transmission lines capable of operating at sixty -nine (69) kilovolts or
more must include additional information about the overall plan of transmitting
electricity and its relation to the public interest.
• The license may be granted only after a public hearing held by the City Council.
• The license may regulate the manner of construction and location of transmission
lines and such other rules relating to the location, construction, operation, and
maintenance of the transmission line as may be reasonable.
I recommend that the ordinance be submitted to the City Council for consideration.
BAL:tls
Attachment
cc: Dave Heiar, Economic Development Director
Gus Psihoyos, City Engineer
F:\ USERS \tsteckle \Li ndahl\ Memos \M V M_ ElectricTransmissionLineCompanyLicensingOrdi nance_022013. 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
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 15 -13
ESTABLISHING THE PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION
LINE COMPANIES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 11 Rights of Way is
amended by adding the following:
CHAPTER 6
PROCEDURE FOR LICENSING ELECTRIC TRANSMISSION LINE COMPANIES
11 -6 -1: GRANT OF LICENSE
A. The city council may grant to any person a license to erect, maintain, and operate an
electric transmission line within the city.
B. The license may regulate the conditions required and the manner of use of the
streets and public grounds of the city.
11 -6 -2: LICENSEE FEE
A. A license fee will be assessed by the city council based upon the city's cost of
inspecting, supervising, and otherwise regulating the licensee's operations.
B. The licensee shall also pay the city a franchise fee of five percent (5 %) of gross
revenues generated from sales of the franchisee within the city.
11 -6 -3: PETITION FOR LICENSE — INFORMATIONAL MEETINGS HELD
A. Any person authorized to operate electric transmission lines in the state may file a
verified petition with the city clerk asking for a license to erect, maintain, and operate
a line or lines for the transmission of electric current and for such purpose to erect,
use, and maintain poles, wires, guy wires, towers, cables, conduits, and other
fixtures and appliances necessary for conducting electric current over, along, and
across any city lands or rights of way.
B. As condition precedent to the filing of a petition requesting a license for a new
transmission line, and not less than thirty days prior to the filing of such petition, the
person shall hold a public informational meeting.
C. The meeting shall be held in the City of Dubuque at a location reasonably accessible
to all persons that may be interested in the granting of the license.
022013bal
D. The person seeking the license for a new transmission line shall publish notice of the
informational meeting. The notice shall contain the following:
1. The name of the applicant.
2. The applicant's principal place of business.
3. A general description and purpose of the proposed project.
4. The general nature of the right -of -way desired.
5. A map showing the route of the proposed project including the location of all
towers, powers, and other equipment.
6. A description of all towers, poles, and other equipment to be constructed or
installed.
7. The place and time of the meeting.
E. The notice shall be published not less than thirty days prior to the time set for the
meeting once in a newspaper of general circulation in the city at least one week and
not more than three weeks before the time of the meeting.
11 -6 -4: PETITION
A. All petitions shall set forth:
1. The name of the individual, company, or corporation asking for the license.
2. The principal office or place of business.
3. The starting points, routes, and termini of the proposed lines, accompanied with
a map or plat showing such details, including the location of all towers, powers,
and other equipment and a detailed description of all towers, poles, and other
equipment to be constructed or installed.
4. A general description of the public or private lands, highways, and streams over,
across, or along which any proposed line will pass.
5. General specifications as to materials and manner of construction. Whether the
transmission lines will be above - ground or underground, and if above - ground, the
petitioner's detailed explanation why the lines will not be underground.
6. The maximum voltage to be carried over each line.
2
7. An allegation that the proposed construction is in the public interest.
B. Petitions for transmission lines capable of operating at sixty -nine kilovolts or more
shall also set forth an allegation that the proposed construction represents a
reasonable relationship to an overall plan of transmitting electricity in the public
interest and substantiation of such allegations, including but not limited to, a showing
of the following:
1. The relationship of the proposed project to present and future economic
development of the area.
2. The relationship of the proposed project to comprehensive electric utility
planning.
3. The relationship of the proposed project to the needs of the public presently
served and future projections based on population trends.
4. The relationship of the proposed project to the existing electric utility, gas, storm
water, sanitary sewer, water and fiber systems and parallel existing utility routes.
5. The relationship of the proposed project to any other power system planned for
the future.
6. The possible use of alternative routes and methods of supply.
7. The relationship of the proposed project to the present and future land use and
zoning ordinances.
8. The inconvenience or undue injury which may result to property owners as a
result of the proposed project.
C. The city council may waive the proof required for such allegations which are not
applicable to a particular proposed project.
D. The petition shall contain an affidavit stating that the required informational meeting
was held and the time and place of such meeting.
11 -6 -5: PUBLIC HEARING
A. When considering whether to grant, amend, extend, or renew a license, the city
council shall hold a public hearing on the question. Notice of the time and place of
the hearing shall be published as provided in Iowa Code section 362.3. The city
council shall consider the petition and any objections filed to it. It shall examine the
proposed route or cause any engineer selected by it to do so. It may hear testimony
as may aid it in determining the propriety of granting the license. It may grant the
3
license in whole or in part upon the terms, conditions, and restrictions, and with the
modifications as to location and route as may seem to it just and proper.
B. A license shall not become effective until the petitioner shall pay, or file an
agreement to pay, all costs and expenses of the license proceeding, whether or not
objections are filed, including costs of inspections or examinations of the route,
hearing, publishing of notice, and any other expenses reasonably attributable to it.
11 -6 -6: MANNER OF CONSTRUCTION
A. Such lines shall be built of strong and proper wires attached to strong and sufficient
supports properly insulated at all points of attachment; all wires, poles, and other
devices which by ordinary wear or other causes are no longer safe shall be removed
and replaced by new wires, poles, or other devices, as the case may be, and all
abandoned wires, poles, or other devices shall be at once removed. Where wires
carrying current are carried across, either above or below wires used for other
service, the said transmission line shall be constructed in such manner as to
eliminate, so far as practicable, damages to persons or property by reason of said
crossing. There shall also be installed sufficient devices to automatically shut off
electric current through said transmission line whenever connection is made
whereby current is transmitted from the wires of said transmission line to the ground,
and there shall also be provided a safe and modern improved device for the
protection of said line against lightning. The city council shall have power to make
and enforce such further and additional rules relating to location, construction,
operation and maintenance of said transmission line as may be reasonable.
B. All transmission lines, wires or cables for the transmission, distribution or sale of
electric current at any voltage shall be constructed and maintained in accordance
with standards adopted by rule by the Iowa utilities board.
11 -6 -7: DISTANCE FROM BUILDINGS
No transmission line shall be constructed, except by agreement, within two hundred fifty
feet of any dwelling house or other building, except where said line crosses or passes
along a public highway or is located alongside or parallel with the right -of -way of any
railway company. In addition to the foregoing, each person, company, or corporation
shall conform to any other rules, regulations, or specifications established by the Iowa
utilities board, in the construction, operation, or maintenance of such lines.
11 -6 -8: NONUSE — REVOCATION OF LICENSE — EXTENSIONS OF TIME
A. If the improvement for which a license is granted is not constructed in whole or in
part within two years from the date the license is granted, the license shall be
forfeited, unless the person holding the license petitions the city council for an
extension of time.
4
B. Upon a showing of sufficient justification for the delay of construction, the city council
may grant one or more extensions of time for periods up to two years for each
extension.
11 -6 -9: WIRES ACROSS RAILROAD RIGHT -OF -WAY AT HIGHWAYS
No corporation or person shall place or string any such wire for transmitting electric
current or any wire whatsoever across any track of a railroad except in the manner
prescribed by the utilities board.
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted the 4th day of March, 2013.
Attest:
Kevin J. L ich, Mayor Pro Tem
F:\ USERS \tsteckle \Lindahl\ Ordinances \ElectricTransmissionLicense 022013.doc
5
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. City of Du-
buque Code of Ordi-
nances Title 1.1 Rights
of Way is amended by
adding the following:
CHAPTER 6
PROCEDURE FOR .LI-
CENSING ELECTRIC
TRANSMISSION LINE
COMPANIES
11+1: GRANT OF LI-
CENSE
A. The city council
may grant to any per -
son a license to erect,
maintain, and operate
an electric transmis-
sion line within the
city.
B. The license may
regulate the conditions
required and the man-
ner of use of the
streets and public,
grounds of the city.
114- 2:1ICENSEE FEE
A. A licehse fee will be
assessed by the city
council based upon the
city's cost of inspect-
ing, supervising, and
otherwise regulating
the licensee's opera-
tions. B. The; licensee shall
also pay the city- a
franchise fee-- of five
percent (5%) of gross
revenues generated
from sales of the
franchisee within the
city.
11 -6-3: PETITION FOR
LICENSE - INFORMA-
TIONAL MEETINGS
HELD
A. Ahy person author-
ized to operate electric
transmission lines in
the state may file a
verified petition, with
the city clerk asking
for a license to erect,
maintain, and operate
a line or lines for the
transmission of electric
current and for such
purpose to erect, use,
and maintain poles,
wires, guy wires, tow -
ers, cables, conduits,
and other fixtures and
appliances necessary
for conducting electric
current over, along,
and across any city
lands or rights of way.
B. As condition prece-
dent to the filing of a
petition requesting a li-
cense for a new trans-
mission line, and not
less than thirty days
prior to the filing of
such petition, the per-
son shall hold a public
informational meeting.
C. The meeting shall.
be held in the Cite of
Dubuque at- a locatiion
reasonably accessible
to a1I persons that may
be'above- ground or un-
derground, and if
above - ground, the peti-
tioner's detailed ex -.
planation why the lines
will not be under-
ground.
6. The maximum volt-
age to be carried over
each line. •
7. An allegation that
the proposed construc-
tion is in the public in-
terest.
B. Petitions for trans-
mission lines capable
of operating at sixty -
nine kilovolts or more
shall also set forth an
allegation that the pro-
posed construction
represents a reasona-
ble relationship to an
overall plan of trans-
mitting electricity in
the public interest and
substantiation of such
allegations, including
but note limited to, a
showing of the follow - .
ing:
1. The relationship bf
the proposed project to
present and future eco-
nomic development of
the area.
2. The relationship of
the proposed project to
comprehensive electric
utility planning.
3. The relationship of
the proposed project to
the needs of the public
presently served and
future projections
based on population
trends.
4. The relationship of
the proposed project to
the existing electric
utility, gas, storm wa-
ter, sanitary sewer,
water and fiber sys-
tems and parallel exist -.
ing utility routes.
5. The relationship of
the proposed project to
any other power sys-
tem planned for the fu-
ture.
6. The possible use of
alternative routes and
methods of supply.
7. The relationship of
the proposed project to
the present and future
land use and zoning or-
dinances.
8. The inconvenience
or undue injury which
may result to property
owners as a result of
the proposed project.
C. The city council
may .waive the proof
required for such alle-
gations which are not
applicable to a particu-
lar proposed project.
D. The petition shall
contain an_-affidayjt
stating that the re-
quired informational
meetina was held and
nate, so far as practi-
cable, damages to per-
sons or property by
reason of said cross-
ing. There shall also be
installed sufficient de-
vices to automatically
shut off electric cur -
rent through said
transmission line
whenever connection
is made whereby cur-
rent is transmitted
from the wires of said
transmission line to the
ground, and there shall
also be provided a safe
and modern improved
device for the protec-
tion of said line against
lightning. The city •
council shall have pow -
er to make and enforce
such further and addi-
tional rules relating to .
location, construction,
operation and mainte-
nance of said transmis-
sion line as may be
reasonable..
B -All transmission
lines, wires or cables
for the transmission,
distribution or sale of
electric current at any -
voltage shall be con-
structed and main -
tained in - accordance
with 'standards adopt-
ed by rule by the Iowa
utilities board.
11 -6 -7: DISTANCE
FROM BUILDINGS •
No transmission line
shall be constructed,
except by agreement,
within two hundred fif-
ty feet of any dwelling
house or other build-
ing, except where said
line crosses or passes
along a public highway
or is located alongside
or parallel with the
right - of-way of any
railway company. In
addition to the forego-
ing, each person, com-
pany, or corporation
shall conform to any
other rules, regula-
tions,. or specifications
established by the Io-
wa utilities board, in
the construction, oper-
ation, or maintenance
of such lines.
11 -6-8:- NONUSE -
REVOCATION OF; LI-
CENSE - EXTENSIONS
OF TIME
A. If the improvement
for which a license is
granted is not con-
structed in whole or in
part within two years
from the :date the li-
cense is granted, the li-
cense shall be forfeit -
ed, unless the person
holding the license pe-
titions the city council
for an 2extension of
time.
B. Upon a.showing of
sufficient justification
for the delay of con -
struction, the city
council may grant one
or more extensions of
time for periods up to
two years for each ex-
tension.
11 -6-9: WIRES
ACROSS RAILROAD
RIGHT -OF -WAY AT
HIGHWAYS
No corporation or per-
son shall place or
string any such wire
for transmitting elec-
tric current or any wire
whatsoever across any
track of a railroad ex-
cept in the manner pre-
scribed by the utilities
board.
Section 2. This ordi-
nance takes effect
upon publication.
Passed, approved and
adopted the 4th day of
March, 2013.
/s /Kevin J. Lynch,
Mayor Pro Tem
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 8th
day of March, 2013.
/s /Kevin S. Firnstahl,
City Clerk
It 3/8
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: March 8, 2013, and for which the charge is $97.73.
L
Subscribed to before m a-Notary Public in and for Dubuque County, Iowa,
this fa day of ` /f , 20 /2 .
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO.15 -13
ESTABLISHIN THE
PROCEDURE FOR LI
CENSING ELECTRIC
TRANSMISSION LINE
COMPANIES •
NOW, THEREFO_ J
BE IT ORDAINED $Y
THE . CITY COUNCIL
cense tor, a new trans- the proposes project. ,,
mission line, and not C. The ,city .council '•_
less than ,.thlrty days may .waive the proof
prior to the filing of required, for 'such alle-
such petition, - the per- nations which are not
sons ll:ho d a public ap Iicable to a particu-
Infornafrdttalmeetlpg: far�toposed protect.
C. T e. me tl ��'"a__UUa11 TThhe petiition shall
be held'1n the .6i of oo 4 In an affidavit
Dubuque::at a location stating that the re-
reasonably, accessible quired informational
to all persehs that may meeting Was .held and
be interested In the the' tlnve nd`,p oe of k
ghantIng of the Ilse se siI h meettrty..
.*The., The person s " ng f i s ' + BI,IC
t licgj�s or ew FIFA «,
t s , s.q II all A:' a aonsldering
I I,pt° de the whethoi k :to'" 'giant,.
ormlttl'o 1 meting .:ale next- dw re-. .'
Tie. notice sha(i-'con rYW -*JIGej er= be_ city
talnthe.followingt' - cb►lhoi shal=-hold
a
1• The name Of the_ ap- public hearing on the
pllcant; qu sttton. Notice of the
2. The ,applicant's t me- ;andkplace of the
princlpalplace of buss - hearing shall be pub -
ness. ?• Ilshed as provided In
3, A, general descrip- Iowa Code section
tion arts' purpQse:of•the 382,3. The-elty council
p4.pThe-ddgeneral'nature tion and any opl ctlons
of the right-of-way de- filed to'it: it Wall' ex-
sired amine r ?' . s ..ed ,
5 A map'shov(Jng,the rcilte or c en-
route of the' proposed gibber seI ct &l .' itto
project including the do so. It may hear tes-
location of all towers, tlmony as -rnay aid it in
powers, and other determining` he propri-
equlpment ety, of gr ling the 11-
8 A desjrip ,n Il oense It igrant the ,..1
toare We- +.1-11 01 ail, Ildiifi e - rfiole-d'r_.In -1
er equ Amen , ! ,� woo he t� s,
constrh ted 4r +'djlo Y'nd}e c
led. - ' 1 1 e� s r a i <L;- wlfh "the' '
7Th Ilia end ;� e mg' 1'fiba i� � .0. �Q.lo-
ofthe eefin , caion an. roll et as -
The fotliie'sjtai a may seem o it justtand '.
ppublish��e� nOt Ss n prgp4l°'
thfftfi a}pr[ rftoa it 13.--A" license shat not
Whig -e or theme x.,beoome effective Until
1ng oboe -lh a 1-ieWsp the petitioner stall
per.Of1 eneral olrcuia --pay or-fiie-on gree=
tion ,lo �`g- city at least - meat to pay, all cbbsts
oite d d not»more' and expenses of tti'e 11-
than three Weeks be- dense proceeding;'
fore the: time.of-the 'whether or 'not oble't
meeting:-._ tions are filed, incfud-
iih664'i PETITIION Inn costs ofinspectlons
_qq',AII,, petitions shall or examinations of the
set forth: "route, hearing, publish-
1 Thename -of the in Ing»»of`notiee and' any
dividual, company, or other expenses reason-
dhi'po Lief, asks ng for abl�tl�attrib tAa.1 e-34.- OF
2 The p cl lo>'ffce CORUCT
- -or plag �0� s Os.- 14- =S,1(cli ii all-be
'` 7t 6lI ~ o is O g d
1 I 1 6• Wip er wes ,atacred
e rep° ed if �;
3e- t0 strong and ?;uff dent
companied with a map supports properly Insu- '
or.'plat:showirq - „Such fated at all points of at-
details, Including the tachment; alt. wires,
location of all towers, poles, and other devi-
powers, and other ces Which by ordinary
equipment and a de- wear or other causes
talled description of all are no longer safe shall
towers, poles, and. oth- be removed 'And. re-
er equipment to be placed by new wires,
constructed or instal. poies,-or other devices,
IR.,” as the. case may be,
4. A general descrip- and all abandohed
tion -of. the public or wires, poles,. Or other
pYrvate - lands, hlgh- devices shall be 'at
ways, - and streams once removed, Where
over, adross, or.- along v 1reS carrying current
Which any proposed are carried across,. ei-
Ilne will pass. ; •ther above, or below
5: Ileneral'speciflca- ' wires used for other
tions : as to materials service, the said trans -
and manner 'of. con- - mission :line shall be
struction. Whether. the constructed ib such
transmission lines will manner. as to elhnl- 1
for wnicn a license IS
granted is not cbn-
structed in; whole -or Ih
part within two years
from the date the II-
cense Is granted, the li-
cense shall be forfelt-
ed, unless the person