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

CHAPTER 111 ELECTRIC FRANCHISE 111.01 Franchise Granted 111.06 Standard of Service 111.02 Placement of Appliances 111.07 Nonexclusive Franchise 111.03 Excavations 111.08 Uninterrupted Service 111.04 Construction and Maintenance 111.09 Term of Franchise 111.05 Installation of Meters 111.10 Entire Agreement 111.01 FRANCHISE GRANTED. There is hereby granted to INTERSTATE POWER AND LIGHT COMPANY, hereinafter to as the “Company” its successors and assigns, the right and franchise to acquire, erect, maintain and operate in the City of Tiffin, Johnson County, Iowa, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits, and other appliances for the distribution of electric current along, under and upon the streets, avenues, alleys and public places in the said City of Tiffin, Johnson County, Iowa; also the right to erect and maintain upon the streets, avenue, alleys and public places, electric lines through the said City of Tiffin, Johnson County, Iowa, to supply individuals, corporations, communities, and municipalities both inside and outside of said City with electric light, heat, and power for the period of 25 years; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa.† 111.02 PLACEMENT OF APPLIANCES. The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys, and public places in said City nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe and other property of the City, and the said Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omission of the Company in the erection or maintenance of said system. 111.03 EXCAVATION. In making any excavations in any street, alley, avenue or public place, Company, its successors and assigns, shall protect the site while work is in progress by guards, barriers or signals, shall not unnecessarily obstruct the use of the streets, shall back fill all openings in such manner as to prevent settling or depressions in surface, pavement or sidewalk of such excavations with same materials, restoring the condition as nearly as practical and, if defects are caused, shall repair the same. 111.04 CONSTRUCTION AND MAINTENANCE. The Company shall, 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 at any time reasonably require for the purposes of facilitating the construction, reconstruction, maintenance or repair of the street or alley or any public improvement of, in or about any such street or alley or reasonably promoting the efficient operation of any such improvement. If the City orders or requests the Company to relocate its existing facilities or equipment for the primary benefit of a commercial or private project, or as the result of the initial request of a commercial or private developer or other non-public entity, the Company shall receive payment for the cost of such † EDITOR’S NOTE: Ordinance No. 2010-302, adopting an electric franchise for the City, was passed and adopted on August 11, 2010. CODE OF ORDINANCES, TIFFIN, IOWA - 901 -