Ordinances-2012-309

Section 8. Severability. If any section, provision, or part of this Ordinance shall be adjudged tb be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 9. Term of Agreement. The term of the franchise granted by this Ordinance and the rights granted thereunder shall continue for the period' of twenty-five( 25) years from and after its acceptance by the Company, as herein provided. The anniversary date shall be the date this franchise is filed with the City Clerk or otherwise becomes effective by operation of law. Section 10. Publication Expenses. The expense of the publication of this Ordinance shall be paid by the Company. Section 11. Repeal of Conflicting Ordinances. All ordinances, or,parts of ordinances, insofar as they are in direct conflict herewith, are hereby repealed. Section 12. Acceptance. The franchise granted by this Ordinance shall be conditioned upon acceptance by the Company in writing. The acceptance shall be filed with the City Clerk within ninety( 90) days from the passage of this Ordinance. Section 13. Closing. This Ordinance sets forth and constitutes the entire agreement between the Company and the City of TIFFIN with respect to the rights contained herein, and may not be superseded, modified or otherwise amended without the approval and acceptance of the Company.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 Ordinance shall supersede, abrogate and repeal any prior electric system ordinance between the Company and the City as of the date this Ordinance is accepted by the Company. Notwithstanding the foregoing, in no event shall the City enact any ordinance or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Company, or that delay utility operations. It was moved by Council Member f3artde3 and seconded by Council Member B that said ordinance be placed upon its first reading. d / all UPON ROLL CALL, Council Members voted upon said motion as follows: ( insert name and vote either " YES" or " NO") t LA Members of the Council being present and having voted " YES," Mayor declared said motion carried, and said Ordinance No.„` 069---, U`) was placed upon its first reading and was read the first time.