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West Branch approves three 25-year utility franchise ordinances
Summary
The West Branch City Council approved three 25-year franchise ordinances March 17 giving Linn County Rural Electric Cooperative and Interstate Power and Light long-term rights to operate electric and gas services in the city; the council suspended rules to combine readings citing a pending state bill on franchise fees.
The West Branch City Council on March 17 approved three ordinances granting 25-year franchises to utility companies to provide electric and gas service in the city.
Council approved Ordinance 823 granting Linn County Rural Electric Cooperative a non-exclusive 25-year franchise to construct and operate electric distribution facilities and to pay a franchise fee. The council also approved Ordinance 824, which repeals Ordinance No. 533 and grants Interstate Power and Light Company a non-exclusive 25-year electric franchise, and Ordinance 825, which grants Interstate Power and Light a 25-year franchise to distribute natural gas within city limits.
The council voted to suspend the usual ordinance schedule and combine second and third readings for all three measures under Code Section 380.3. Council member Colton Miller said he "normally would not approve of utilizing Code section 380.3," but supported condensing the readings because of a pending state bill that could eliminate cities' ability to charge franchise fees in the future. The motions to approve the third readings carried without recorded opposition.
Key provisions in the ordinances include the right to construct and maintain poles, lines and related facilities in public rights-of-way, a franchise-fee framework with at least six months’ notice before fee changes, and a contractual mechanism to re-evaluate or amend terms around the 15-year mark. The Interstate Power and Light ordinances reference Iowa Code authority including eminent-domain provisions where applicable.
The council took final roll-call votes on the third readings. Ordinance 823 passed with AYES: Miller, Sexton, Horihan, Stoolman, Dean. Ordinances 824 and 825 passed by similar unanimous tallies. Each ordinance summary is available for inspection at the City Office.
The council did not discuss specific fee percentages at the meeting; the ordinances require that any franchise fee not exceed amounts authorized by Iowa law and that formal notice precede changes.
