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HomeMy WebLinkAbout2021-06-30-7041 AN ORDINANCE GRANTING UNTO NORTHWESTERN BELL TELEPHONE COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, FRANCHISE, AND PRIVILEGE FOR A PERIOD OF TWENTY-FIVE (25) YEARS FROM AND AFTER THE ADOPTION AND APPROVAL HEREOF, TO ACQUIRE, CONSTRUCT, OPERATE AND MAINTAIN IN THE CITY OF WAUKEE, IOWA, THE NECESSARY FACILITIES FOR THE OPERATION OF A GENERAL TELEPHONE SYSTEM; TO USE AND OCCUPY THE PUBLIC STREETS, HIGHWAYS, AVENUES, ALLEYS, BRIDGES AND PUBLIC PLACES FOR SUCH PURPOSES: AND PRESCRIBING THE TERMS AND CONDITIONS THEREOF. §704.1 That Northwestern Bell Telephone Company, a corporation, its successors and assigns, be and it is hereby granted and vested with the right, franchise and privilege for a period of twenty-five (25) years from and after the adoption and approval hereof, as provided by law, to acquire, construct, operate and maintain in the City of Waukee, Iowa, the necessary facilities for the operation of a general telephone system; and to construct and maintain along, upon, across and under the streets, highways, avenues, alleys, bridges and public places the necessary fixtures and equipment for such purposes. §704.2 This franchise shall not be exclusive and shall not restrict in any manner the right of the City Council or any other governing body of the City in the exercise of any regulatory power which it may now have, or hereafter be authorized or permitted, by the laws of the State of Iowa. This franchise does not confer the power to appropriate and condemn private property upon Northwestern Bell Telephone Company. §704.3 If, during the term of this franchise ordinance, there shall be enacted by the Iowa General Assembly, a valid statute granting to cities that regulatory authority over the construction, operation and maintenance of electric transmission lines which is currently exercised by the Iowa State Commerce Commission, then Northwestern Bell Telephone Company shall construct, operate and maintain its general telephone system in the City of Waukee in accordance with regulations of the City adopted pursuant to such statute. §704.4 Effective Date. This ordinance shall be in effect after its final passage, approval, and publication as required by law. [December 7, 1982]