HomeMy WebLinkAbout2009-05-18-Ordinance 2644_Electric Franchise, Correct ErrorORDINANCE NO.2644
AN ORDINANCE AMENDING SECTION 703.07 OF THE WAUKEE MUNICIPAL
CODE (2009),THE ORDINANCE GRANTING TO M1DAMERICAN ENERGY
COMPANY,ITS SUCCESSORS AND ASSIGNS,THE RIGHT AND FRANCmSE TO
ACQUIRE,CONSTRUCT,ERECT,MAINTAIN AND OPERATE IN THE CITY OF
WAUKEE,IOWA,ELECTRIC SYSTEM FACILITIES AND TO FURNISH AND SELL
ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS TO CORRECT A
SCRIVNER'S ERROR
WHEREAS,an ordinance was passed by the City Council of the City of Waukee effective on
August 18,2008 granting to MidArnerican Energy Company a non exclusive franchise in
accordance with the terms thereof as embodied in the Waukee Municipal Code in Chapter 703;
AND
WHEREAS,at 703.07 of the Ordinance the Company is required to:
The Company shall,at its cost and expense,locate and relocate its installations in,on,over or under
any public right of way,easement,street or alley in the City as the City may at any time reasonably
require for the purposes of facilitating the expansion,construction,reconstruction,maintenance or
repair of a street,road or alley,or any other public improvement.The Company shall not be required
to relocate its facilities at Company expense if said relocation is for the sole benefit of a 11011-
govemment entity if the City has not required the public improvement to be performed or installed
by said non-govemmental entity.
The City may prohibit Company's expansion of use of the right-of-way if there is insufficient
space to accommodate the expanded use and the City has provided a reasonable altemative
location to the Company.
WHEREAS,the term "easement"was intended to reference public easements and in an effort to
correct the ordinance to comport with the original intent and to clarify any confusion in the
future it is appropriate to amend the same to clearly reflect the meaning;AND
WHEREAS,MidAmerican Energy Company,by and through its authorized agent,has agreed in
writing to the enactment of this Ordinance amending the franchise as specified herein.This
ordinance shall not be construed to modify or otherwise effect the effective date,duration or any
other term or provision of the existing franchise ordinance.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1.That section 703.07 of the Waukee Municipal Code should be and the same is
hereby amended to read as follows:
703.07 The Company shall,at its cost and expense,locate and relocate its installations in,
on,over or under any public right of way,public easement,street or alley in the City as the City may
at any time reasonably require for the purposes of facilitating the expansion,construction,
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reconstruction,maintenance or repair of a street,road or alley,or any other public improvement.The
Company shall not be required to relocate its facilities at Company expense if said relocation is for
the sole benefit of a non-government entity if the City has not required the public improvement to be
performed or installed by said non-governmental entity.
The City may prohibit Company's expansion of use of the right-of-way if there is insufficient
space to accommodate the expanded use and the City has provided a reasonable alternative location
to the Company.
Section 2.Scope and Interpretation.This ordinance shall not be construed to modify or
otherwise effect the effective date,duration or any other term or provision of the existing franchise
ordinance.
Section 3.Severability Clause.If any section,provision or part of this ordinance shall be
adjudged invalid or unconstitntional,such adjudication shall not affect the validity of the ordinance as a
whole or any section,provision,or part thereof not adjudged invalid or unconstitntional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,approval
and publication as provided by law.
PASSED AND APPROVED this 18th day of May,2009.
CITY OF WAUKEE,IOWA
I,Rebecca D.Schuett,Deputy City Clerk of the City of Waukee,Iowa,hereby certify that
the above and foregoing is a true copy of Ordinance No.2644,passed by the City Council of said
City at a meeting held May 18,2009,and signed by the mayor May 21,2009,and published as
provided by law on May 28,2009.
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Rebecca D.Schuett,Deputy City Clerk
(OFFICIAL SEAL)
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