2272ORDINANCE NO. 2272
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE ACCEPTING THE PROPOSAL OF THE OMAHA PUBLIC POWER
DISTRICT, ITS SUCCESSORS AND ASSIGNS (HEREINAFTER "GRANTEE ") TO CONTINUE
TO CONDUCT A RETAIL ELECTRIC ENERGY SUPPLY BUSINESS WITHIN THE CITY OF
BLAIR, NEBRASKA (HEREINAFTER "CITY "), AND GRANTING A FRANCHISE TO
GRANTEE TO GENERATE, DISTRIBUTE AND DELIVER AN ADEQUATE AND
CONTINUOUS SUPPLY OF ELECTRIC ENERGY TO THE CITY, EXCEPT FOR
INTERRUPTIONS BEYOND GRANTEE'S CONTROL; TO ERECT POLES AND INSTALL
WIRES AND CABLES THEREON; TO CONSTRUCT UNDERGROUND CONDUITS AND
MANHOLES AND TO INSTALL CABLES IN UNDERGROUND CONDUITS OR BURIED
DIRECTLY IN THE GROUND, AND TO INSTALL SUCH FACILITIES ALONG, OVER, UPON,
UNDER OR ACROSS PRESENT OR FUTURE STREETS, ALLEYS, AVENUES, HIGHWAYS
AND OTHER PUBLIC RIGHTS -OF -WAY OF THE CITY, AND TO CONSTRUCT, OWN,
OPERATE AND MAINTAIN ALL OTHER ELECTRIC TRANSMISSION AND DISTRIBUTION
SYSTEMS NECESSARY TO SUPPORT AND CONDUCT A RETAIL ELECTRIC ENERGY
SUPPLY BUSINESS WITHIN THE CITY; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT; AND PROVIDING FOR PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
WASHINGTON COUNTY, NEBRASKA.
SECTION 1. For and in consideration of the covenants and agreements of the Grantee to
continue to conduct a retail electric energy supply business within the City and generate, distribute
and deliver an adequate and continuous supply of electric energy to the City and its inhabitants, the
City hereby grants to Grantee the right, privilege, and franchise to generate, distribute and deliver an
adequate and continuous supply of electric energy to the City except for interruptions beyond the
Grantee's control; to erect poles and install the necessary supports, crossarms, and equipment, and to
install wires and cables thereon, and to construct underground conduits, manholes and equipment,
and to install conductors therein, or bury cable directly in the ground, and to place any such wires,
cables, conduits and equipment along, over, upon, under, and across present or future streets, alleys,
avenues and other public rights -of -way of the City, and to construct, own, operate, and maintain all
other electric transmission and distribution systems necessary to support and conduct a retail electric
energy supply business with said City and its inhabitants.
SECTION 2. The Grantee may under the direction of the proper City authorities, make all
necessary excavations in any part of the present or future streets, alleys, avenues, highways and other
public rights -of -way to erect and maintain poles and other supports for its wires or conductors and to
repair same, and to lay, repair, and maintain such underground pipes, conduits and manholes and to
place, repair, maintain and operate said wires and conductors therein, provided that all such items
shall be installed and located in accordance with prior approval obtained from City. When any
excavation shall have been made pursuant to the authority hereby granted, the Grantee shall restore
the portion of the street, alley, avenue, highway or other public right -of -way excavated to the same
conditions as existed prior to the excavation. All such work shall be done in such a manner as to
least diminish, injure or obstruct the City's own use of its public rights -of -way and the use thereof by
other utilities and others authorized by the City to use such rights -of -way. Nothing in this ordinance
shall be construed as preventing or diminishing the right of the City from constructing sewers,
utilities, grading, paving, planking, repairing, altering, or doing any work, or authorizing others to do
so, that may be desired on or in any of the streets, alleys, avenues and public rights -of -way of the
City. All of Grantee's excavation, erection and maintenance shall be subject to and shall comply
with all existing and future City rules, regulations, ordinances and orders.
SECTION 3. Whenever it shall be necessary in grading any street, avenue, alley, or highway
of the City, or in building any sidewalk or making any other improvements therein, or in moving
buildings or other large objects through or along the streets, to remove any pole(s) belonging to the
Grantee, on which any line(s) or wire(s) belonging to the Grantee shall be stretched or fastened, the
Grantee shall, upon receiving thirty (3 0) days' notice from the proper City authorities, remove such
pole (s) and wire(s), and if Grantee, upon such notice shall neglect to remove such pole(s) and
wire(s), than such pole(s) and wire(s) may be removed by the proper City authorities at the expense
of the Grantee.
SECTION 4. SAFETY REQUIREMENTS WITH RESPECT TO TRAFFIC
a. Both the City and the Grantee recognize the Manual on Uniform Traffic Control Devices for
Streets and Highways as the guidelines pertaining to construction around traffic areas, or its
subsequent revisions. The City reserves the right to temporarily shut down any work by the Grantee
or its contractors on City right of way or property that it deems contrary to the guidelines because it
presents an imminent risk to the public. Any temporary shut down directive under this Section 4
shall be lifted by the City once the concern is resolved.
b. The Grantee shall at all times employ ordinary care and shall install and maintain in use
commonly accepted methods and devices for preventing failures and accidents which are likely to
cause damage, or injuries to the public.
C. All structures and all lines, equipment and connection in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of the franchise area, wherever situated or located shall
at all times be kept and maintained in a reasonable condition.
SECTION 5. The Grantee hereby covenants and agrees to indemnify and save harmless the
City against all damages, costs and expenses, whatsoever, to which the City may be subject on
account of or arising out of negligence of the Grantee, its agents, employees, or servants, in any
manner arising from the franchise, rights and privileges granted herein or the exercise thereof.
SECTION 6. This franchise is granted for a term of twenty -five (25) years commencing with
the date of passage of this Ordinance.
SECTION 7. Grantee shall file its written acceptance of this Ordinance and the franchise
herein granted with the office of the City Clerk, within thirty (30) days after the date of this
Ordinance. Such acceptance by Grantee shall be an acceptance of all the terms and conditions and
restrictions contained in this Ordinance.
PASSED AND APPROVED THIS 10' DAY OF MARCH, 2015.
CITY OF BLAIR, NEBRASKA
J ACE S . REALPH, MAYOR
ATTEST:
STATE OF NEBRASKA )
ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 10th day of March, 2015.
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BRENDA R. WHEELER, CITY CLERK