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

CHAPTER 110 NATURAL GAS FRANCHISE 4. The Company shall not, under any circumstances, be required to return or refund any franchise fees that have been collected from customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City’s imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers, the City shall reimburse the Company for the expenses incurred by the Company to provide such data or information. 110.14 MANAGEMENT FEES. Upon implementation of a franchise fee, the City shall not, pursuant to Chapter 480A.6 of the Code of Iowa, impose or charge Company right-of-way management fees for permits for Company construction, maintenance, repairs, excavation, pavement cutting or inspections of Company work sites and projects or related matters. 110.15 TERMINATION. Either City or Company (“party”) may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non-breaching party, and the parties agree upon a shorter or longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. A party shall not be considered to be in breach of this franchise if it has operated in compliance with State or federal law and this chapter. A party shall not be considered to have breached this franchise if the alleged breach is the result of the actions of a third party or the other party. 110.16 VALIDITY. If any section, provision, or part of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. 110.17 ASSIGNMENT. This chapter and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this chapter within 10 days of its final passage. The Company shall, within 30 days after the Council approval of this chapter, file in the office of the Clerk of the City, its acceptance in writing of all the terms and provisions of this chapter. Following Council approval, this chapter shall be published or posted in accordance with the Code of Iowa. The effective date of this chapter shall be the fourteenth day after the date of publication or posting. In the event that the Company does not file its written acceptance of this chapter within 30 days after its approval by the Council, this chapter shall be void and of no effect. [The next page is 901] CODE OF ORDINANCES, TIFFIN, IOWA - 896 -