1996-04-17 Dana City Ordinance 50
Dublin Core
Title
1996-04-17 Dana City Ordinance 50
Description
Scanned from the original minutes; OCR text included for searching.
Creator
City of Dana, Iowa
Source
City of Dana, Iowa
Publisher
City of Dana, Iowa
Date
1996-04-17
Contributor
City of Dana, Iowa
Format
Printed pages on white paper
Language
American English
Type
Public government records
Coverage
Dana, Greene County, Iowa
Text Item Type Metadata
Text
April 17, 1996
The City Council of Dana, fowa met in [regular/special] session at the Dana City Hall
at 7:20_ o'clock pm. on the above date. There were present Mayor
Jack Pedersen, City Clerk George Brabbs,and the following named Council members:
Pedersen, Hillman, Hurpey, Paulson, Sr.
Delp
Absent: none
Council member Hurley gave the first reading of the attached
ordinance entitled “AN ORDINANCE GRANTING TO XENIA RURAL WATER
DISTRICT, STATE OF IOWA, THE RIGHT AND NONEXCLUSIVE FRANCHISE TO
ACQUIRE, CONSTRUCT, INSTALL, ERECT, MAINTAIN, OPERATE, REPAIR,
REMOVE, REPLACE, RENEW AND RECONSTRUCT IN THE CITY OF DANA,
GREENE COUNTY, IOWA, A WATER TRANSMISSION AND DISTRIBUTION
SYSTEM AND APPURTENANCHS AND THE RIGHT TO ACQUIRE, CONSTRUCT,
INSTALL, ERECT, PLACE, MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE,
RENEW, RECONSTRUCT AND CONNECT THE NECESSARY MAINS, HYDRANTS,
PUMPS, VALVES, METERS, AND METER PITS AND OTHER APPLIANCES UNDER
THE STREETS, AVENUES, ALLEYS, AND PUBLIC PLACES IN THE CITY OF DANA,
GREENE COUNTY, IOWA, AND THE RIGHT TO SUPPLY AND SELL TO
INDIVIDUALS, CORPORATIONS, COMMUNITIES AND MUNICIPALITIES BOTH
INSIDE AND OUTSIDE OF SAID CITY, TREATED WATER FOR THE PERIOD OF 40
YEARS PURSUANT TO THE PROVISIONS OF CHAPTER 28E OF THE CODE OF IOWA
(1995) AND PROVIDING FOR THE REGULATION OF SUCH ACTIVITY”, and moved
that the City Council waive and suspend the requirement that the proposed ordinance be
considered and voted on for passage at two council meetings prior to final passage, waive the
second and third readings of the proposed ordinance and take final action to adopt and approve
the same. Council Member Paulson seconded the motion to adopt and
approve. The roll was called and the vote was,
AYES: Pedersen, Hillman, Hurley, Paulson Sr.
Delp
NAYS: none
Whereupon, the mayor declared the following Ordinance duly adopted and approved.
[page 2]
ORDINANCE NO. 50
AN ORDINANCE GRANTING TO XENIA RURAL WATER DISTRICT, STATE OF
IOWA, THE RIGHT AND NONEXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT,
INSTALL, ERECT, MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE, RENEW
AND RECONSTRUCT IN THE CITY OF Dana, Greene COUNTY, IOWA, A
WATER TRANSMISSION AND DISTRIBUTION SYSTEM AND APPURTENANCES
AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, ERECT, PLACE,
MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE, RENEW, RECONSTRUCT AND
CONNECT TIIE NECESSARY MAINS, HYDRANTS, PUMPS, VALVES, METERS, AND
METER PITS AND OTHER APPLIANCES UNDER THE STREETS, AVENUES,
ALLEYS, AND PUBLIC PLACES IN THE CITY OF Dana, Greene COUNTY,
IOWA, AND THE RIGHT TO SUPPLY AND SELL TO INDIVIDUALS,
CORPORATIONS, COMMUNITIES AND MUNICIPALITIES BOTH INSIDE AND
OUTSIDE OF SAID CITY, TREATED WATER FOR THE PERIOD OF 40 YEARS
PURSUANT TO THE PROVISIONS OF CHAPTER 28E OF THE CODE OF IOWA (1995)
AND PROVIDING FOR THE REGULATION OF SUCH ACTIVITY
Be it ordained by the City Council of the City of Dana, Iowa that:
ARTICLE ONE
PURPOSE
The purpose of this Ordinance is to set forth the terms and conditions of an agreement
hereby made pursuant to the provisions of Chapter 28H of the Code of Iowa as a contract
between two public entities, namely the City of Dana, Greene County, Iowa,
hereinafter referred to as “Grantor” or the “City,” and the Xenia Rural Water District, State of
Iowa (a Rural Water District organized under Chapter 357A of the Code of Iowa), hereinafter
referred to as “Grantee” or “Xenia,” for the cooperative acquisition, construction, installation,
operation, maintenance, repair, renewal, reconstruction, removal and replacement of a public
improvement, namely a water transmission and distribution system within the City of Dana, lowa.
ARTICLE TWO
GRANT OF FRANCHISE
The Grantor hereby grants to Grantee, its successors and assigns a nonexclusive
franchise to acquire, construct, install, erect, maintain, operate, repair, remove, replace, renew
[page 3]
and reconstruct and remove a water transmission and distribution system and appurtenances
across public property in the City of Dana, Greene County, Iowa in accordance
with the laws and regulations of the United States of Amcrica, the State of Towa, and the rules
and regulations of the Grantee (whether presently existing or hercaftcr adopted), including the
nonexclusive right, privilege and authority to (a) sell and supply treated water to individuals,
corporations, communities and municipalities both inside and outside said City; (b) use public
property within the City; (c) acquire, construct, install, erect, place, maintain, operate, repair,
remove, replace, renew, reconstruct and connect water mains, hydrants, pipes, valves, meter
pits, meters and other appliances for the service and supply of treated water; and (d) engage in
such further activities within the Grantor as may now or hereinafter be consistent with the
accepted principles applicable to the operation of a water transmission and distribution system.
For the purpose of carrying into effect the privileges granted hereunder, Grantee is
authorized to make all necessary excavations in the streets, alleys, sidewalks, and public
grounds within the corporate limits of Grantor, but sich excavations shall be carried out with
reasonable dispatch and with as little interference with or inconvenience to the rights of the
public as may be feasible. Grantee shall restore all streets, alleys, sidewalks, and public
grounds to the condition of safety, appearance and utility specified by the relevant construction
industry standards after excavation.
The grant of the nonexclusive franchise to Grantee hereunder is conditioned upon the
receipt by or on behalf of the Grantor or the award to the Grantor of grant funds in an amount
deemed sufficient by the Grantor to provide the initial funding to the Grantor for this joint
undertaking. The nonexclusive franchise granted hereunder shall not become effective unless
and until (a) the City Council of the Grantor adopts or approves a resolution accepting the
receipt-or award of grant funds in an amount deemed sufficient by the City Council of the
Grantor to provide the initial funding to the Grantor for this joint undertaking and (b) this
Ordinance shall have been approved at an election as required under applicable law.
ARTICLE THREE
TERM
The franchise is granted for an initial term of forty (40) years commencing with the date
of adoption of this Ordinance, provided, however, that Grantor may not withdraw from this
agreement as long as Grantee shall have revenue bond obligations incurred for the construction,
reconstruction or maintenance of said water transmission and distribution system outstanding at
that time, as provided in Section 28E.4, Code of Iowa. Thereafter, the franchise may be
renewed for an additional term upon such terms and conditions as may be mutually acceptable
to Grantor and Grantee.
[page 4]
ARTICLE FOUR
FINANCING AND BUDGET
Initial funding of this joint undertaking shall be from revenues of the water transmission
and distribution system, from grants obtained by the Grantor and the Grantee for the purpose of
this joint undertaking and from loans, grants, revenue bonds or notes obtained by Grantce.
Said revenue bonds or notes shall mature in a period not to exceed forty ycars from the
date of issuance, shall bear interest or combined interest and insurance charges, at a rate not to
exceed that permitted by Chapter 74A, Code of lowa, shall be payable only from revenue
derived from the sale of water by the Grantee, and shall never become or be construed to be a
debt against the State of lowa, Greene County or the City of Dana.
Grantee shall have the responsibility for budgeting and administration of construction
and opcration of the water transmission and distribution system.
ARTICLE FIVE
GENERAL CONDITIONS
Section 1, Adoption of Rules and Regulations Grantor hereby adopts and incorporates
by reference all rules and regulations of the Grantee, whether presently existing or hereafter
adopted, pertaining to construction, installation, repair, maintenance, and operation of the water
transmission and distribution system. .
Section 2. Enforcement of Mandatory Connection Ordinances Grantor shall be
responsible for enforcement of its ordinances relative to mandatory connection to the water
transmission and distribution system. However, this authority shall not preclude Grantee from
exercising any remedies available to it in enforcing ils rights under this franchise agreement in
law or equity,
Section 3. Additions to Area of Grantor. On subsequent additions of areas to Grantor,
either by annexation, consolidation, or otherwise, Grantee shall surrender all franchises held by
Grantee in such areas, such surrender being deemed to take place on the occurrence of any such
event. Grantee shall thereafter be subject to the provisions of the franchise granted by this
ordinance as to all such areas; provided, however, that should the franchise be declared invalid
or rendered inoperative by a judgment, decree, or order of a court of competent jurisdiction
which, being binding hereon, becomes final for all purposes, the franchises hereby surrendered
shall thereafter have the samc force and effect as if such surrender had not occurred.
[page 5]
Section 4. Expansion of Grantee's Facilities Any facilities and appurtenances in
streets, alleys, and public places, incidental to the franchised system that have been, or are at
any future time acquired, leased, or utilized in any manner by Grantee are thereupon to be
deemed authorized by and shall be subject to all the provisions of the franchise.
Section 5. Limitation of Franchise, No privilege or exemption is granted or conferred
by the franchise except those specifically prescribed herein. Any privilege claimed under the
franchise by Grantee in any street, alley, or other public place shall be subordinate to any lawful
occupancy of same by Grantor or by any other public agency, and to prior lawful occupancy of
same by any other entity or person.
Section 6. Grantee’s Separate Powers Not Limited. Notwithstanding the foregoing
limitations, nothing in this agreement shall be deemed a limitation of Grantee’s separate powers
as set forth in Scction 357A.11 of the Code of Iowa or any other relevant provision of the Code
of Iowa and other applicable law.
ARTICLE SIX
ASSIGNMENT OF FRANCHISE
Grantee shall not have the right to sell or lease the franchise, except on prior written
approval by ordinance of the City Council of the City of Dana, Iowa.
This Article shall not be deemed a limitation upon the Grantee’s power and authority to
pledge or assign the revenues derived from the franchisc or the asscts of the water transmission
and distribution system acquired under this agrecment as collateral to the United States of
America, acting through the Farmers Homa Administration or its successor agencies, or any
other lender,
ARTICLE SEVEN
FORFEITURE
The franchise may be forfeited, at the option of the Grantor, upon failure or refusal by
Grantee to observe the terms and conditions set forth herein. Forfeiture may be exercised by
written notice to Grantee of failure to observe the terms and conditions hereof, followed by
Grantee’s refusal to eliminate or correct such failure or violation within one year. In the event
of any failure or violation, Grantor may suc in its own name in the manner provided by law for
the forteiture of the franchise and the exercise of such remedy of forfeiture shall not preclude
exercise of any other right or remedy given to Grantor by law, whether exercised concurrently
or subsequently.
[page 6]
ARTICLE EIGHT
SEVERABILITY
If any section, provision or part of this agreement shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the agreement as a whole, or
any-section, provision or part thereof not adjudged invalid or unconstitutional.
ARTICLE NINE
REPEALER
All ordinances or parts of ordinances in contlict with the provisions of this amiinanee are
hereby repealed.
Passed by the Council the 17 day of April , 1996.
[signature: Jack Pedersen, Mayor ]
City of Dana, lowa
Attest:
[signature: George Brabbs, City Clerk]
[page 7]
Council Member Paulson, sr. then introduced the attached Resolution
entitled “A RESOLUTION CALLING FOR AN ELECTION ON THE MATTER OF THE
GRANT OF A NONEXCLUSIVE FRANCIISE TO XENIA RURAL WATER DISTRICT,
STATE OF IOWA, FOR THE ACQUISITION, CONSTRUCTION, INSTALLATION,
ERECTION, OPERATION, MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT,
RENEWAL AND RECONSTRUCTION OF A WATER TRANSMISSION AND
DISTRIBUTION SYSTEM WITHIN THE CITY OF [_pana__]}, IOWA, FIXING THE
DATE OF SAID ELECTION AND ORDERING PUBLICATION OF A NOTICE OF
MUNICIPAL ELECTION”, and moved for its adoption. The motion was scconded by
Delp . The roll was called and the vote was,
AYES: Delp, Paulson, Sr.,Hurley, Hillman
Pedersen
NAYS: none
Whereupon, the mayor decliréd the following Resolution duly adopted:
RESOLUTION CALLING FOR AN ELECTION ON THE MATTER OF THE
GRANT OF A NONEXCLUSIVE FRANCHISE TO XENIA RURAL WATER
DISTRICT, STATE OF IOWA, FOR THE ACQUISITION,
CONSTRUCTION, INSTALLATION, ERECTION, OPERATION,
MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT, RENEWAL
AND RECONSTRUCTION OF A WATER TRANSMISSION AND
DISTRIBUTION SYSTEM WITHIN THE CITY OF DANA, IOWA,
FIXING THE DATE OF SAID ELECTION AND ORDERING
PUBLICATION OF A NOTICE OF MUNICIPAL ELECTION,
WHEREAS, the City Council of Dana, iowa has enacted ah ordinance granting a
nonexclusive franchise to acquire, construct, install, erect, operate, maintain, repair, remove,
replace, renew and reconstruct a water transmission and distribution system within the City of
DANA, Iowa, to Xcnia Rural Water District;
WHEREAS, pursuant to the provisions of Chapter 364, Code of Iowa (1995), said
franchise ordinance shall not take effect ae said ordinance has been approved at an election
held for this purpose; and
WHEREAS, an election on said questions should be held.
[page 8]
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
DANA, Iowa:
Section 1. That an election pursuant to the provisions of Chapter 364, Code of Towa
(1995), be and the same is hereby called for the 25 day of JUNE, 1996, submitting
the following questions to the qualified electors of this municipality:
“Shall the following public measure, as set forth in the following Ordinance No.
50, granting to Xenia Rurul Water District a nonexclusive franchise to acquire,
construct, install, erect, mulntuin, operte, repair, remove, replace, renew and
reconstruct a water transniission and distribution system within the City of Dana, lowa, be approved?”
Section 2, That the County Commissioner of Elections is hereby authorized and directed to publish notice of said election in a newspaper of general circulation in the City of
Dana, Iowa, said publication to appear not less than four or more than twenty days before the date set for said election as required by Section 49.53, Code of lowa (1995).
Section 3. The City Clerk is hereby directed to file a certified copy of this resolution
with the County Commissioner of Elections a$ satisfaction of the written notice requirements
under Chapter 47, Code of lowa (1995).
PASSED AND APPROVED this 17th day of April, 1996,
[signature: Jack Pedersen, Mayor]
City of Dana, Iowa
Attest:
[signature: George Brabbs, City Clerk ]
OSMS1 40000092.0 4/3/9048; 14 PM
The City Council of Dana, fowa met in [regular/special] session at the Dana City Hall
at 7:20_ o'clock pm. on the above date. There were present Mayor
Jack Pedersen, City Clerk George Brabbs,and the following named Council members:
Pedersen, Hillman, Hurpey, Paulson, Sr.
Delp
Absent: none
Council member Hurley gave the first reading of the attached
ordinance entitled “AN ORDINANCE GRANTING TO XENIA RURAL WATER
DISTRICT, STATE OF IOWA, THE RIGHT AND NONEXCLUSIVE FRANCHISE TO
ACQUIRE, CONSTRUCT, INSTALL, ERECT, MAINTAIN, OPERATE, REPAIR,
REMOVE, REPLACE, RENEW AND RECONSTRUCT IN THE CITY OF DANA,
GREENE COUNTY, IOWA, A WATER TRANSMISSION AND DISTRIBUTION
SYSTEM AND APPURTENANCHS AND THE RIGHT TO ACQUIRE, CONSTRUCT,
INSTALL, ERECT, PLACE, MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE,
RENEW, RECONSTRUCT AND CONNECT THE NECESSARY MAINS, HYDRANTS,
PUMPS, VALVES, METERS, AND METER PITS AND OTHER APPLIANCES UNDER
THE STREETS, AVENUES, ALLEYS, AND PUBLIC PLACES IN THE CITY OF DANA,
GREENE COUNTY, IOWA, AND THE RIGHT TO SUPPLY AND SELL TO
INDIVIDUALS, CORPORATIONS, COMMUNITIES AND MUNICIPALITIES BOTH
INSIDE AND OUTSIDE OF SAID CITY, TREATED WATER FOR THE PERIOD OF 40
YEARS PURSUANT TO THE PROVISIONS OF CHAPTER 28E OF THE CODE OF IOWA
(1995) AND PROVIDING FOR THE REGULATION OF SUCH ACTIVITY”, and moved
that the City Council waive and suspend the requirement that the proposed ordinance be
considered and voted on for passage at two council meetings prior to final passage, waive the
second and third readings of the proposed ordinance and take final action to adopt and approve
the same. Council Member Paulson seconded the motion to adopt and
approve. The roll was called and the vote was,
AYES: Pedersen, Hillman, Hurley, Paulson Sr.
Delp
NAYS: none
Whereupon, the mayor declared the following Ordinance duly adopted and approved.
[page 2]
ORDINANCE NO. 50
AN ORDINANCE GRANTING TO XENIA RURAL WATER DISTRICT, STATE OF
IOWA, THE RIGHT AND NONEXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT,
INSTALL, ERECT, MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE, RENEW
AND RECONSTRUCT IN THE CITY OF Dana, Greene COUNTY, IOWA, A
WATER TRANSMISSION AND DISTRIBUTION SYSTEM AND APPURTENANCES
AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, ERECT, PLACE,
MAINTAIN, OPERATE, REPAIR, REMOVE, REPLACE, RENEW, RECONSTRUCT AND
CONNECT TIIE NECESSARY MAINS, HYDRANTS, PUMPS, VALVES, METERS, AND
METER PITS AND OTHER APPLIANCES UNDER THE STREETS, AVENUES,
ALLEYS, AND PUBLIC PLACES IN THE CITY OF Dana, Greene COUNTY,
IOWA, AND THE RIGHT TO SUPPLY AND SELL TO INDIVIDUALS,
CORPORATIONS, COMMUNITIES AND MUNICIPALITIES BOTH INSIDE AND
OUTSIDE OF SAID CITY, TREATED WATER FOR THE PERIOD OF 40 YEARS
PURSUANT TO THE PROVISIONS OF CHAPTER 28E OF THE CODE OF IOWA (1995)
AND PROVIDING FOR THE REGULATION OF SUCH ACTIVITY
Be it ordained by the City Council of the City of Dana, Iowa that:
ARTICLE ONE
PURPOSE
The purpose of this Ordinance is to set forth the terms and conditions of an agreement
hereby made pursuant to the provisions of Chapter 28H of the Code of Iowa as a contract
between two public entities, namely the City of Dana, Greene County, Iowa,
hereinafter referred to as “Grantor” or the “City,” and the Xenia Rural Water District, State of
Iowa (a Rural Water District organized under Chapter 357A of the Code of Iowa), hereinafter
referred to as “Grantee” or “Xenia,” for the cooperative acquisition, construction, installation,
operation, maintenance, repair, renewal, reconstruction, removal and replacement of a public
improvement, namely a water transmission and distribution system within the City of Dana, lowa.
ARTICLE TWO
GRANT OF FRANCHISE
The Grantor hereby grants to Grantee, its successors and assigns a nonexclusive
franchise to acquire, construct, install, erect, maintain, operate, repair, remove, replace, renew
[page 3]
and reconstruct and remove a water transmission and distribution system and appurtenances
across public property in the City of Dana, Greene County, Iowa in accordance
with the laws and regulations of the United States of Amcrica, the State of Towa, and the rules
and regulations of the Grantee (whether presently existing or hercaftcr adopted), including the
nonexclusive right, privilege and authority to (a) sell and supply treated water to individuals,
corporations, communities and municipalities both inside and outside said City; (b) use public
property within the City; (c) acquire, construct, install, erect, place, maintain, operate, repair,
remove, replace, renew, reconstruct and connect water mains, hydrants, pipes, valves, meter
pits, meters and other appliances for the service and supply of treated water; and (d) engage in
such further activities within the Grantor as may now or hereinafter be consistent with the
accepted principles applicable to the operation of a water transmission and distribution system.
For the purpose of carrying into effect the privileges granted hereunder, Grantee is
authorized to make all necessary excavations in the streets, alleys, sidewalks, and public
grounds within the corporate limits of Grantor, but sich excavations shall be carried out with
reasonable dispatch and with as little interference with or inconvenience to the rights of the
public as may be feasible. Grantee shall restore all streets, alleys, sidewalks, and public
grounds to the condition of safety, appearance and utility specified by the relevant construction
industry standards after excavation.
The grant of the nonexclusive franchise to Grantee hereunder is conditioned upon the
receipt by or on behalf of the Grantor or the award to the Grantor of grant funds in an amount
deemed sufficient by the Grantor to provide the initial funding to the Grantor for this joint
undertaking. The nonexclusive franchise granted hereunder shall not become effective unless
and until (a) the City Council of the Grantor adopts or approves a resolution accepting the
receipt-or award of grant funds in an amount deemed sufficient by the City Council of the
Grantor to provide the initial funding to the Grantor for this joint undertaking and (b) this
Ordinance shall have been approved at an election as required under applicable law.
ARTICLE THREE
TERM
The franchise is granted for an initial term of forty (40) years commencing with the date
of adoption of this Ordinance, provided, however, that Grantor may not withdraw from this
agreement as long as Grantee shall have revenue bond obligations incurred for the construction,
reconstruction or maintenance of said water transmission and distribution system outstanding at
that time, as provided in Section 28E.4, Code of Iowa. Thereafter, the franchise may be
renewed for an additional term upon such terms and conditions as may be mutually acceptable
to Grantor and Grantee.
[page 4]
ARTICLE FOUR
FINANCING AND BUDGET
Initial funding of this joint undertaking shall be from revenues of the water transmission
and distribution system, from grants obtained by the Grantor and the Grantee for the purpose of
this joint undertaking and from loans, grants, revenue bonds or notes obtained by Grantce.
Said revenue bonds or notes shall mature in a period not to exceed forty ycars from the
date of issuance, shall bear interest or combined interest and insurance charges, at a rate not to
exceed that permitted by Chapter 74A, Code of lowa, shall be payable only from revenue
derived from the sale of water by the Grantee, and shall never become or be construed to be a
debt against the State of lowa, Greene County or the City of Dana.
Grantee shall have the responsibility for budgeting and administration of construction
and opcration of the water transmission and distribution system.
ARTICLE FIVE
GENERAL CONDITIONS
Section 1, Adoption of Rules and Regulations Grantor hereby adopts and incorporates
by reference all rules and regulations of the Grantee, whether presently existing or hereafter
adopted, pertaining to construction, installation, repair, maintenance, and operation of the water
transmission and distribution system. .
Section 2. Enforcement of Mandatory Connection Ordinances Grantor shall be
responsible for enforcement of its ordinances relative to mandatory connection to the water
transmission and distribution system. However, this authority shall not preclude Grantee from
exercising any remedies available to it in enforcing ils rights under this franchise agreement in
law or equity,
Section 3. Additions to Area of Grantor. On subsequent additions of areas to Grantor,
either by annexation, consolidation, or otherwise, Grantee shall surrender all franchises held by
Grantee in such areas, such surrender being deemed to take place on the occurrence of any such
event. Grantee shall thereafter be subject to the provisions of the franchise granted by this
ordinance as to all such areas; provided, however, that should the franchise be declared invalid
or rendered inoperative by a judgment, decree, or order of a court of competent jurisdiction
which, being binding hereon, becomes final for all purposes, the franchises hereby surrendered
shall thereafter have the samc force and effect as if such surrender had not occurred.
[page 5]
Section 4. Expansion of Grantee's Facilities Any facilities and appurtenances in
streets, alleys, and public places, incidental to the franchised system that have been, or are at
any future time acquired, leased, or utilized in any manner by Grantee are thereupon to be
deemed authorized by and shall be subject to all the provisions of the franchise.
Section 5. Limitation of Franchise, No privilege or exemption is granted or conferred
by the franchise except those specifically prescribed herein. Any privilege claimed under the
franchise by Grantee in any street, alley, or other public place shall be subordinate to any lawful
occupancy of same by Grantor or by any other public agency, and to prior lawful occupancy of
same by any other entity or person.
Section 6. Grantee’s Separate Powers Not Limited. Notwithstanding the foregoing
limitations, nothing in this agreement shall be deemed a limitation of Grantee’s separate powers
as set forth in Scction 357A.11 of the Code of Iowa or any other relevant provision of the Code
of Iowa and other applicable law.
ARTICLE SIX
ASSIGNMENT OF FRANCHISE
Grantee shall not have the right to sell or lease the franchise, except on prior written
approval by ordinance of the City Council of the City of Dana, Iowa.
This Article shall not be deemed a limitation upon the Grantee’s power and authority to
pledge or assign the revenues derived from the franchisc or the asscts of the water transmission
and distribution system acquired under this agrecment as collateral to the United States of
America, acting through the Farmers Homa Administration or its successor agencies, or any
other lender,
ARTICLE SEVEN
FORFEITURE
The franchise may be forfeited, at the option of the Grantor, upon failure or refusal by
Grantee to observe the terms and conditions set forth herein. Forfeiture may be exercised by
written notice to Grantee of failure to observe the terms and conditions hereof, followed by
Grantee’s refusal to eliminate or correct such failure or violation within one year. In the event
of any failure or violation, Grantor may suc in its own name in the manner provided by law for
the forteiture of the franchise and the exercise of such remedy of forfeiture shall not preclude
exercise of any other right or remedy given to Grantor by law, whether exercised concurrently
or subsequently.
[page 6]
ARTICLE EIGHT
SEVERABILITY
If any section, provision or part of this agreement shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the agreement as a whole, or
any-section, provision or part thereof not adjudged invalid or unconstitutional.
ARTICLE NINE
REPEALER
All ordinances or parts of ordinances in contlict with the provisions of this amiinanee are
hereby repealed.
Passed by the Council the 17 day of April , 1996.
[signature: Jack Pedersen, Mayor ]
City of Dana, lowa
Attest:
[signature: George Brabbs, City Clerk]
[page 7]
Council Member Paulson, sr. then introduced the attached Resolution
entitled “A RESOLUTION CALLING FOR AN ELECTION ON THE MATTER OF THE
GRANT OF A NONEXCLUSIVE FRANCIISE TO XENIA RURAL WATER DISTRICT,
STATE OF IOWA, FOR THE ACQUISITION, CONSTRUCTION, INSTALLATION,
ERECTION, OPERATION, MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT,
RENEWAL AND RECONSTRUCTION OF A WATER TRANSMISSION AND
DISTRIBUTION SYSTEM WITHIN THE CITY OF [_pana__]}, IOWA, FIXING THE
DATE OF SAID ELECTION AND ORDERING PUBLICATION OF A NOTICE OF
MUNICIPAL ELECTION”, and moved for its adoption. The motion was scconded by
Delp . The roll was called and the vote was,
AYES: Delp, Paulson, Sr.,Hurley, Hillman
Pedersen
NAYS: none
Whereupon, the mayor decliréd the following Resolution duly adopted:
RESOLUTION CALLING FOR AN ELECTION ON THE MATTER OF THE
GRANT OF A NONEXCLUSIVE FRANCHISE TO XENIA RURAL WATER
DISTRICT, STATE OF IOWA, FOR THE ACQUISITION,
CONSTRUCTION, INSTALLATION, ERECTION, OPERATION,
MAINTENANCE, REPAIR, REMOVAL, REPLACEMENT, RENEWAL
AND RECONSTRUCTION OF A WATER TRANSMISSION AND
DISTRIBUTION SYSTEM WITHIN THE CITY OF DANA, IOWA,
FIXING THE DATE OF SAID ELECTION AND ORDERING
PUBLICATION OF A NOTICE OF MUNICIPAL ELECTION,
WHEREAS, the City Council of Dana, iowa has enacted ah ordinance granting a
nonexclusive franchise to acquire, construct, install, erect, operate, maintain, repair, remove,
replace, renew and reconstruct a water transmission and distribution system within the City of
DANA, Iowa, to Xcnia Rural Water District;
WHEREAS, pursuant to the provisions of Chapter 364, Code of Iowa (1995), said
franchise ordinance shall not take effect ae said ordinance has been approved at an election
held for this purpose; and
WHEREAS, an election on said questions should be held.
[page 8]
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
DANA, Iowa:
Section 1. That an election pursuant to the provisions of Chapter 364, Code of Towa
(1995), be and the same is hereby called for the 25 day of JUNE, 1996, submitting
the following questions to the qualified electors of this municipality:
“Shall the following public measure, as set forth in the following Ordinance No.
50, granting to Xenia Rurul Water District a nonexclusive franchise to acquire,
construct, install, erect, mulntuin, operte, repair, remove, replace, renew and
reconstruct a water transniission and distribution system within the City of Dana, lowa, be approved?”
Section 2, That the County Commissioner of Elections is hereby authorized and directed to publish notice of said election in a newspaper of general circulation in the City of
Dana, Iowa, said publication to appear not less than four or more than twenty days before the date set for said election as required by Section 49.53, Code of lowa (1995).
Section 3. The City Clerk is hereby directed to file a certified copy of this resolution
with the County Commissioner of Elections a$ satisfaction of the written notice requirements
under Chapter 47, Code of lowa (1995).
PASSED AND APPROVED this 17th day of April, 1996,
[signature: Jack Pedersen, Mayor]
City of Dana, Iowa
Attest:
[signature: George Brabbs, City Clerk ]
OSMS1 40000092.0 4/3/9048; 14 PM
Files
Collection
Citation
City of Dana, Iowa, “1996-04-17 Dana City Ordinance 50,” Dana, Iowa - Historical Records, accessed November 8, 2026, https://records.danaia.gov/items/show/245.