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HomeMy WebLinkAbout1982-08-10-Ordinance 2013_Electric Franchise-----_..-_•...__._--- ORDINANCE No.2013 AN ORDINANCE GRANTING UNTO IOWA POWER AND LIGHT COMPANY, 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,CON- STRUCT,OPERATE AND MAINTAIN IN THE CITY OF WAUKEE,IOWA, THE NECESSARY FACILITIES FOR THE PRODUCTION,DISTRIBUTION, TRANSMISSION AND SALE OF ELECTRIC ENERGY FOR PUBLIC AND PRIVATE USE;TO USE AND OCCUpy THE PUBIC STREETS,HIGH- WAYS,AVENUES,ALLEYS,BRIDGES AND PUBLIC PLACES FOR SUCH PURPOSES:AND PRESCRIBING THE TERMS AND CONDITIONS THEREOF. BE IT ORDAINED by the Council of the City of Waukee: Section 1.That Iowa Power and Light 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 prov ided by law,to acquire,construct,operate and maintain in the City of Waukee,Iowa,the necessary facilities for the prod uction,distribution,transmission and sale of elec- tric energy for public and private use 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. Section 2.This franchise shall not be exclusive and shall not restrict in any manner the right of the City Councilor 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 Iowa Power and Light Company. Section 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 regula- tory authority over the construction,operation and main- tenance of electric transmission lines which is currently exercised by the Iowa State Commerce Commission,then Iowa Power and Light Company shall construct,operate and main- tain its electric transmission lines in the City of Waukee �------ in accordance with regulations of the City adopted pur- suant to such statute. Section 4.Effective date.This ordinance shall be in effect after its final passage,approval,and publi- cation as required by law. Passed by the Council the I~ay of Cl~,192J,and Approved this lOtl9ay of ~L,19'il'"2l!.- Attest: