CHAPTER 111

ELECTRIC FRANCHISE

111.01    FRANCHISE GRANTED.  There is hereby granted to Iowa-Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the State of Iowa, hereinafter referred to as the “Company,” its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City, an electric light and power system including the right to erect and maintain the necessary poles, lines, wires, transmission lines, conduits and other appliances for the transmission and distribution of electric energy along, under and upon the streets, avenues, alleys and public places to serve customers within and without the City, for the period of twenty-five (25) years from and after the effective date of the ordinance codified in this chapter,† and to furnish and sell electric energy to the City and its inhabitants.

111.02    FRANCHISE NONEXCLUSIVE.  The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa and this franchise shall not be exclusive.

111.03    USE OF PUBLIC WAYS.  The Company, its successors and assigns shall have the right to erect all necessary posts or poles and to place thereon the necessary wires, fixtures and accessories for the distribution of electric energy in and through the City, but all said posts and poles shall be so placed as not to interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City.  The posts or poles and the wires attached to or placed upon them shall comply with the National Electrical Safety Code and the regulations of the Iowa State Utilities Board regarding construction and clearance requirements.  The Company is authorized and empowered to cut and trim in a careful and prudent manner, at the Company’s expense, any trees extending into any street, alley or public ground so as to prevent limbs or branches from interfering with the wires of the Company.  The obligation of the Company, however, shall not extend beyond trimming trees sufficiently to clear the electric wires.

111.04    EXCAVATIONS.  In making excavations in any streets, avenues, alleys and public places for the erection of poles and wires or other appliances, the Company and its successors and assigns shall not unnecessarily obstruct the use of the streets and shall replace the surface, restoring the original condition as nearly as practicable.

111.05    CITY HELD HARMLESS.  The Company, its successors and assigns shall hold the City free and harmless from all damages arising on account of any negligence of the Company, its successors and assigns, in the erection, operation and maintenance of the system.

111.06    SERVICE EXTENSIONS.  The Company, its successors and assigns shall extend its lines and wires in accordance with its rules and regulations approved by the Iowa State Utilities Board.

111.07    QUALITY AND QUANTITY OF ELECTRICITY.  The Company, its successors and assigns, so long as they shall operate under the terms of the franchise, shall furnish electric energy in sufficient quantities to supply the demands of the City and the inhabitants thereof.  The energy furnished shall be of reasonably uniform voltage throughout the City and at all times up to the standard for efficient operation of lights, motors and appliances.  The service shall be continuous 24-hour service, seven days a week, unless the Company is prevented from doing so by fire, storm, acts of God, unavoidable accidents or casualties, and in such event, service shall be resumed as quickly as is reasonably possible.

111.08    TERMS OF SERVICE.  The Company is authorized to impose reasonable terms and conditions upon the furnishing of electric service and reasonable rules and regulations in the operation and conduct of its business, including, but not limited to, requiring a reasonable deposit of any consumer as a condition of furnishing electric service to such consumer.

111.09    POLICE REGULATIONS.  All proper and necessary police regulations shall be adopted and enforced by the City for the protection of the poles, posts, wires, lamps and other apparatus of the Company, its successors and assigns.

111.10    METER TESTING.  Meters shall be tested periodically in accordance with rules and regulations approved by the Iowa State Utilities Board.