Chapter 115 – Electric Franchise (Transmission System)

CHAPTER 115 ELECTRIC FRANCHISE (TRANSMISSION SYSTEM) 115.01 Franchise Granted 115.02 Indemnification 115.03 Relocation 115.04 Modern System 115.05 Pruning 115.06 Continuous Service 115.07 Non-Exclusivity 115.08 Term of Agreement 115.09 Entire Agreement 115.01 FRANCHISE GRANTED. There is hereby granted to ITC MIDWEST LLC, a wholly owned subsidiary of ITC HOLDINGS CORP., its successors and assigns (the “Company”), the right and franchise to acquire, construct, erect, maintain and operate in the City of Tiffin, Johnson County, Iowa, (the “City”) a transmission system for electric power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances or equipment and substations for the transmission of electric current (collectively, the “Facilities”) along, under and upon the streets, avenues, alleys and public places in the City of Tiffin, Johnson County, Iowa; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the City of Tiffin, Johnson County, Iowa, for the period of twenty-five (25) years†, also the right of eminent domain as provided in Section 364.2 of the Code of Iowa. 115.02 INDEMNIFICATION. The facilities shall be placed and maintained so as not to unnecessarily interfere with the travel on the streets, alleys, and public places in the 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 Company shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the erection or maintenance of the transmission system. 115.03 RELOCATION. Except as provided herein below, the Company shall, at its cost and expense, locate and relocate its facilities in, on, over or under any public street or alley in the City of Tiffin in such a manner as the City may 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 facilities 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, and such relocation is necessary to prevent interference and not merely for the convenience of the City or other non-public entity, the Company shall receive payment for the cost of such relocation as a precondition to relocating its facilities. 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 alternate 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- † EDITOR’S NOTE: Ordinance No. 2012-309 adopting an electric transmission system franchise for the City was passed and adopted on April 11, 2012.