Discussion and Review of Tiffin Municipal Code Revisions – Preparation for Setting the Public Hearing — Tiffin City Code - DRAFT

CHAPTER 110 NATURAL GAS FRANCHISE 110.01 Franchise Granted 110.10 Information 110.02 Rights and Privileges 110.11 Applicable Regulations 110.03 Pipes and Mains 110.12 Term of Franchise 110.04 Construction and Maintenance 110.13 Franchise Fee 110.05 Excavation 110.14 Management Fees 110.06 Utility Easements 110.15 Termination 110.07 Relocation Not Required 110.16 Validity 110.08 Relocation Reimbursement 110.17 Assignment 110.09 Indemnification 110.01 FRANCHISE GRANTED. There is hereby granted to MIDAMERICAN ENERGY COMPANY, an Iowa corporation, (hereinafter called “Company”), and to its successors and assigns the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Tiffin, Iowa, (hereinafter called the “City”), a gas distribution system, to furnish natural gas along, under, and upon the right-of-way, streets, avenues, alleys, and public places to serve customers within and without the City and to furnish and sell natural gas to the City and its inhabitants. For the term of this franchise, the Company is granted the right of eminent domain, the exercise of which is subject to Council approval upon application by the Company. This franchise shall be effective for a 25 year period from and after the effective date of this chapter.† 110.02 RIGHTS AND PRIVILEGES. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2018, or as subsequently amended or changed. 110.03 PIPES AND MAINS. The Company shall have the right to excavate in any public street for the purpose of laying, relaying, repairing, or extending gas pipes, mains, conduits, and other facilities provided that the same shall be so placed as not to unreasonably interfere with any above or below-ground utility services or facilities which have been or may hereafter be located by or under authority of the City. 110.04 CONSTRUCTION AND MAINTENANCE. The Company shall, excluding facilities located in private easements (whether titled in Company exclusively or in Company and other entities), in accordance with Iowa law including Company’s tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended (“Tariff”), at its cost and expense, locate and relocate its existing facilities or equipment in, on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction reconstruction, maintenance or repair of the street or alley. If the City has a reasonable alternative route for the street, alley or public improvements or an alternative construction method, which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of its relocation plan and profile and cross section drawings. If † EDITOR’S NOTE: Ordinance No. 2018-437, adopting a natural gas franchise for the City, was passed, and adopted on June 19, 2018. CODE OF ORDINANCES, TIFFIN, IOWA - 893 -