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

CHAPTER 111 ELECTRIC FRANCHISE relocation as a precondition to receive payment for the cost of such relocations a precondition to relocating its existing facilities or equipment. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exercising its authority under this section. The City shall also provide a reasonable alternative location for the Company's facilities. The City shall give the Company reasonable advance written notice to vacate a public right-of-way. Vacating a public right-of-way shall not deprive the Company of its right to operate and maintain existing facilities, until the reasonable cost of relocating the same are paid to the Company 111.05 INSTALLATION OF METERS. The Company, its successors, and assigns, shall furnish and install all meters at its own expense, and shall provide the service wire to buildings as set forth in the Company’s tariff filed with the Iowa Utilities Board. 111.06 STANDARD OF SERVICE. The system authorized by this Chapter shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of said City and its inhabitants thereof and shall be kept in a modern and up-to-date condition. 111.07 NONEXCLUSIVE FRANCHISE. The franchise granted by this Chapter shall not be exclusive. 111.08 UNINTERRUPTED SERVICE. Service to be rendered by the Company under this franchise shall be continuous unless prevented from doing so by fire, Acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Company’s equipment, and in such event service shall be resumed as quickly as is reasonably possible. 111.09 TERM OF FRANCHISE. The term of the franchise granted by this Chapter and the rights granted thereunder shall continue for the period of 25 years from and after its acceptance by the said Company as herein provided. The expense of the publication of this Chapter shall be paid by the Company. The franchise granted by this Chapter shall be conditioned upon acceptance by the Company in writing. The acceptance shall be filed with the Clerk within 90 days from the passage of this Chapter. 111.10 ENTIRE AGREEMENT. This Chapter sets forth and constitutes the entire agreement between the Company and the City with respect to the rights contained herein, and may not be superseded, modified, or otherwise amended without the approval and acceptance of the Company. Upon acceptance by the Company, this Chapter shall supersede, abrogate, and repeal the prior electric system Chapter between the Company and the City as of the date this Chapter is accepted by the Company. Notwithstanding the foregoing, in no event shall the City enact any Chapter or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Company, or which delay utility operations. [The next page is 927] CODE OF ORDINANCES, TIFFIN, IOWA - 902 -