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Home My Public Portal AboutOrdinances-1968- 59 ' F ORDINANCE NO, 57 AN ORDINANCE GRANTING TO IOWA-ILLINOIS GAS AND ELECTRIC COMPANY AND TO ITS SUCCESSORS AND ASSIGNS FOR A PERIOD OF TWENTY-FIVE YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT, MAINTAIN AND OPERATE IN THE TOWN OF TIFFIN, JOHNSON COUNTY, IOWA,.A GAS PLANT OR PLANTS FOR THE :PRO- DUCTION, STORAGE, TRANSMISSION, DISTRI- BUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE TOWN OF TIFFIN AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS AND PUBLIC GROUNDS AND BRIDGES IN THE TOWN OF TIFFIN FOR THE PURPOSE OF LAYING, .CON- = STRUCTING, MAINTAINING, REPLACING AND SUBSTITUTING MAINS, .PIPES, CONDUITS AND OTHER FACILITIES FOR THE TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE TOWN OF TI.FFIN AND ELSEWHERE. BE IT ORDAINED by the Town. Council of the Town of Tiffin, Iowa: Section. l , There is hereby granted to Iowa-Illinois Gas and Electric Company, an Illinois corporation authorized to do business in the State of Iowa, hereinafter called.the "Company, " and to its successors and assigns for a,period of 25 years from and after the effective date of this ordinance.the right and franchise to acquire, erect, maintain and operate in the .town of Tiffin, Johnson County, Iowa, a.gas plant or plants for the. production, ;storage, transmission, distribution, sale, delivery or furnishing of gas, either natural or manufactured or mixed natural and manufactured, for public and private use in..the,town.of Tiffin and elsewhere and to use the streets, avenues; alleys and public grounds and bridges in the town of Tiffin for the purpose of laying, constructing, maintaining, replabing and..substituting. mains; pipes, conduits-and other facilities for the trans- mission,mission,.distribution, sale; delivery or furnishing of gas for public and private use:in the:town of Tiffin and elsewhere. Section 2 .The rights'and privileges hereby-granted are subject to the restrictions and limitations of Chapter 397. of the Code of Iowa 1966, and this,"franchise•shall not be exclusive, Section,.3`, .The Company shall have the:right to,excavate in any public street for the.purpose of laying,,re-laying,.:repairing•or extending gas. pipes, maths, conduits and other facilities provided that the same shall be:so located and maintained as to.make:no unnecessary obstruction of any drains or sewers or the flow of water therefrom, which have been or may hereafter be located:.by'authority of said town, .Said gas pipes, mains, conduits and otherr facilities shall be•so.located and maintained in . the'streets, avenues, alleys and public places of said town as to make no unnecessary obstruction therein to' the use thereof by the public. Section 4; In making excavations of any streets, avenues, alleys and public places for the installation of gas pipes, `conduits or apparatus, the Company shall,not unnecessarily obstruct the use of the streets, and shall replace the .surface, restoring the original condition as nearly'as practicable; and in laying, repairing and.replacing-mains and.pipes,.the _ 2m Company shall conform to all reasonable regulations.•prescribed by•the•town to prevent.`injury'to'the pavement, streets, alleys and public places,. and the. Company: shall not unnecessarily interfere with, injure or change any pavement, .water pipes, drains.or sewers'of said town, either public•or private. Section,5. The'Company.and its'successors and: assigns shall hold said town,free and:.harmless:.fromtall damages arising on.account of any negligence.of said Company and its successors and assigns r•:in.the'con' struction; operation:and'mairitenance:of said systems Section,6. The•Company and its successors'and.assigns.•shall extend':its mains.:and pipes'to any part of said'town provided..said Company shall not. be:required :to,extend said.,mains:and.pipes on any public street except:there:shall be:upon,.such public street:at least: one,consumer for each:100 'lineal .feet: on the:average.of such,extension•.who:shall first :.agree.:in.writin,g.to use:and'.pay for gas furnished by the Company upon :Abe'completion,of such.extension. Section:.7. .The:said Company'and its successors'and assigns so ,long'as they shall. operate .under the:terms of:this :franchise .shall' furnish such+quantities of gas. of good qualiity%as the•.townand.the inhabitants' thereof: may reasonably.'demandy provided, ,however, that such-undertaking and agreement: shall be:subject to-such:limitations.•on the,use,of gas, for larg -volume commercial. onindustrial applications, or for space:heating m3-® 1 as:may•be`provided by;reasonable rules and regulations placed.:into,effect by the Company during:any temporary shortage'in`or permanent diminution of the supply of natural gas with which:the Company serves the town' of c Tiffin and the:inhabitants thereof. Section:.8 e .The Company is authorized to impose:reasonable:terms •and.conditions•upon the furnishing of gas service and: reasonable'rules and `regulations: in:.the•operatio.n and conduct- of its-bu-siness including, but- not I limited.•to,.the•requiring:of a.reasonable deposit of any consumer as.'a.con- dition of furnishing gas to such consumers Section.9 .•.All proper and..necedsary`police .regulations shall be li adopted and. enforced by the town of Tiffin, Iowa, for the protection:of the pipes, mains, conduits, .meters and other apparatus of the Company 1 .'and its successors and assigns, u I/ ! Section..10. .All ordinances-or parts of ordinances in:conflict_here- with,are hereby repealed, - Section 11. This ordinance, and.the:rights and .privileges:herein I granted, shall not become effective or binding until this-ordinance:shall • have:been submitted to-and approved by a.majority of the electors of the said.town of Tiffin, Iowa, voting:at:the next-general or municipal. election ,or at a.speciai_ election:.called:for that: purpose, .The.cost:ai d. expense of the,election relating:to the franchise provided,for herein shall be paid . by.•the'Company. 4 , 1 1 Section..12. The Company and its successors'and.assigns, within 30:days°after thje approval of this ordinance:by'a vote of the people at-the next general or municipal election or at a special election called:for that - purpose,.. shall file in the office of the clerk-of the sown of Tiffin, Iowa, its'acceptance :in writing:of all the terms and provisions.:of this-ordinance. Section.13. ,This.'ordinance'shall become effective upon passage by thelown council, the approval of the voters as provided in Section.11 hereof, and.acceptance by'the Company--as'provided:in Section 12 hereof. .PASSED AND APPROVED this /7 day of- 'TO! 'C 19680 /J Mayor ATTEST: Town Clerk Section"12, ,The Company and its successors and assigns, within 3 0.days•after thle'approval of this ordinance:by a• vote of the people'at the next general or municipal,election:or at a. special election called for that. ' purpose;. shall file in the office of the clerk of the town of Tiffin, Iowa, Fits•acceptance in writing of all the terms and provisions.:of this•ordinance. Section•.13, This:ordinance:shall become effective upon passage by the.town council, the approval of the'voters as provided-in Section:.11 hereof,.and acceptance by the Company as provided in Section 12 hereof, PASSED AND APPROVED this I I day of 4-4 o (r__ 1968, Mayor ATTEST: Town Clerk 4 5,_ 1 /