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Home My Public Portal AboutOrdinances-1985-135 MINUTES OF RF.lQULAR MEETII, G OF THE C ity COUNCIL OF THE C 1 y OF iff in IOWA, HELD IN THE COUNCIL CHAMBER ON THE 11th DAY'OF September , 1985 , AT 7:00 O'CLOCK P.M. A regular meeting of the City Councl`of the City of +iff in , • ,Iowa was held in`the Council Chamber at 7 o'clock P.M.,on the , 11th day of September , Mayor Potter was present and'presided at the meeting. The following Councilmen were present: Morgan, Cox, Spivey. Stevens. Runge Councilman. Spivey -offered Ordinance No.1985-135,of which'the ' foiowing'is a copy. ORDINANCE NO 1985-135 AN ORDINANCE GRANTING UNTO' IOWA ELECTRIC LIGHT AND POWER COMPANY, AN IOWA CORPORATION; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT FOR A PERIOD' OF TWENTY-FIVE YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, MAINTAIN AND 'OPERATE A , POWER PLANT OR PLANTS FOR THE 'GENERATION OF ELECTRICITY,' AND/OR 'SYSTEMS FOR THE TRANSMISSION AND DISTRIBUTION'OF ELECTRICITY IN THE; City !pp Tiff in ,IOWA, AND"TO ENTER UPON AND TO USE AND OCCUPY THE STREETS,AVENUES,ALLEYS,BRIDGES' AND OTHER PUBLIC PLACES OF SAID C 1 y FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING,MAINTAINING AND OPERATING THEREON,THEREIN,THEREUNDER AND THEREOVER SAID SYSTEMS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY,. CONSISTING OF POLES,. POSTS, WIRES',.,CABLES, 'CONDUITS AND OTHER EQUIPMENT, APPURTENANCES AND CONSTRUCTION NECESSARY OR INCIDENT TO SAID SYSTEMS AND INCLUDING HIGH POTENTIAL ELECTRIC TR4 MISSION LINES, AND TO SELL, .DISTRIBUTE AND SUPPLY ELECTRIC ENERGY TO SAID 1 y AND THE INHABITANTS THEREOF AND OTHERS WITHIN AND WITHOUT `SAID City FOR ALL PURPOSES, AND PRESCRIBING THE TERMS AND CONDITIONS OF THE GRANT AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE. ity COUNCIL OF THE City OF Tiff in , IOWA: Section 1. The City 'of p Tiffin ,Iowa,hereby grants unto Iowa Electric Light and Power Company,an Iowa corporation,its successors and assigns,here- inafter called the Grantee, a non-exclusive franchise and right, for a period of twenty-five years from and after the date this Ordinance becomes effective, to erect, construct, reconstruct, maintain and operate within the corporate limits of said r!;+y of Ti ffin ,Iowa,as the same now are or hereafter may be located or-extended, a power plant or plants for the generation of electricity, and/or a system or systems for the transmission and distribution of electricity, whether said power plant or plants and transmission and'distribution systems have been heretofore or Whereafter may be constructed,together with the franchise and right to enter'upon and to use and occupy the streets,avenues, alleys, bridges and other public places of said City- as the same now are or hereafter may be (E-2/83) A-2 located or extended, for the purpose of constructing, reconstructing, maintaining and operating thereon, therein, thereunder and thereover said systems for the transmission and distribution of electricity, consisting of poles, posts, wires, cables, conduits and other equipment, appurtenances and construction necessary or incident to said systems, including a high potential electric transmission line or lines, to and through said City , and together with the franchise and right to supply, distribute and sell electric energy to said City and to the inhabitants thereof and others within and without the corporate limits of said City for any and all purposes, and upon such terms and conditions and under such restrictions and regulations as are hereinafter contained, and such other reasonable rules and regulations as hereafter may be provided by the rule-making body having jurisdiction thereof. Section 2. The construction of said transmission and distribution systems shall be in accordance with the specifications of the National Electrical Safety Code. issued by the United States Department of Commerce,Bureau of Standards,as approved by the Iowa State Commerce Commission.All poles,posts,wires,cables,conduits and other equipment,appurtenances and construction connected there- _ with shall be located, erected, adjusted and maintained so as not to interfere unreasonably with any improvements the City may deem proper to make,or to hinder unnecessarily or obstruct the free use of the streets,avenues,alleys,bridges or other public places. Section 3. Whenever the Grantee,in erecting,constructing or.maintaining said transmission and distribution systems,shall take up or disturb any pavement or sidewalk or make any excavations in the streets, avenues, alleys, bridges or public places of said C ity , such excavations shall at once be refilled and the pavement,sidewalk or other improvement replaced to the satisfaction of the City officials. Section 4. The Grantee shall extend its overhead transmission and distribution lines for each applicant for light, power or electric current as provided by the most current extension rules promulgated by the governing regulatory body. Section 5. Said Grantee shall have the right to supply,distribute and sell electricity for any and all purposes to said C ity and to the inhabitants thereof,and to charge therefor such just and reasonable rates as hereafter may be fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction thereof. Section 6. All of the provisions of this Ordinance shall apply to the successors or assigns of the Grantee with the same force and effect as they do to the Grantee itself. Section 7. The Grantee shall hold the said City harmless from any and all causes of action,litigation or damages which may arise through or by reason of the construction, reconstruction, maintenance and operation of said distribution and transmission systems and other construction hereby authorized. Section 8. The Grantee shall, within sixty (60)days after the publication of this Ordinance, signify in writing an acceptance of the grant herein, including the conditions and restrictions herein expressed,and this Ordinance,and the franchise granted herein,shall not be operative or binding until such acceptance is filed with the u - y Clerk. The Grantee shall pay the costs incurred in holding the election to submit this Ordinance to the legal electors for their approval as provided by law. Section 9. All ordinances or parts of ordinances, insofar as they are in direct conflict here- with,are hereby repealed. Section 10. This Ordinance shall take effect and be in full force and effect, subject to its approval by a majority of the legal electors of the City of Tiff in ,Iowa, voting thereon and upon its publication as provided by law,and subject to its acceptance by the Grantee as provided in Section 8 above. It was moved by Councilman Spivey and seconded by Councilman Runge that said Ordinance be placed upon its first reading. (E-2/83) A-3 UPON ROLL CALL, Councilmen voted upon said motion as follows: Cox voted aye Morgan voted aye Runge voted aye Spivey voted aye Stevens voted aye five members of the Council being present and having voted"Aye",Mayor Potter declared said motion carried,and said Ordinance No. 135 was placed upon its first reading and was read the first time. Thereupon,it was moved by Councilman Cox and seconded by Councilman Spivey that the laws and rules providing that ordinances shall be fully and distinctly read on three different days be suspended and dispensed with and that Ordinance No. 135 be placed on its last reading. UPON ROLL CALL, Councilmen voted upon said motion as follows: C!rot- voted Morgan voted aye Runge voted aye 'Spivey voted aye Stevens voted aye five members of the Council being present and having voted"Aye" Mayor Potter thereupon declared the motion carried,and Ordinance No 115 was then placed upon its last reading and was read the last time. Thereupon,it was read by Councilman Stevens and seconded by Councilman Cox that Ordinance No. 135 be placed upon its final passage and passed. UPON ROLL CALL, Councilmen voted upon said motion as follows: Cox voted aye Morgan - aye voted Runge voted aye Spivey voted aye Stevens voted aye five members of the Council being present and having voted"Aye",Mayor Potter declared the motion carried,and the Ordinance passed and adopted. Councilman Spivey introduced and read the following Resolution, (E-2/83) A-4 and it was moved by Councilman Spivey and seconded by Councilman Morgan that the Resolution be adopted: RESOLUTION WHEREAS,the City Council of the City.' of f Tiffin ,Iowa,has passed an ordinance entitled: ORDINANCE NO. 1985-135 AN ORDINANCE GRANTING UNTO IOWA ELECTRIC LIGHT AND POWER COMPANY, AN IOWA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT FOR A PERIOD OF TWENTY-FIVE YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, AND MAINTAIN AND OPERATE A POWER PLANT OR PLANTS FOR THE GENERATION OF ELECTRICITY, AND/OR SYSTEMS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY IN THE City - OF Tiffin IOWA, AND TO ENTER UPON AND TO USE AND OC�UY THE STREETS,AVENUES,ALLEYS, BRIDGES AND OTHER PUBLIC PLACES OF SAID 1 y FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING,MAINTAINING AND OPERATING THEREON,THEREIN,THEREUNDER AND THEREOVER SAID SYSTEMS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, CONSISTING OF POLES, POSTS, WIRES, CABLES, CONDUITS AND OTHER EQUIPMENT, APPURTENANCES AND CONSTRUCTION NECESSARY OR INCIDENT TO SAID SYSTEMS AND INCLUDING HIGH POTENTIAL ELECTRIC TRANSMISSION LINES, AND TO SELL, DISTRIBUTE AND SUPPLY ELECTRIC ENERGY TO SAID C ity AND THE INHABITANTS THEREOF AND OTHERS WITHIN AND WITHOUT SAID City FOR ALL PURPOSES,AND PRESCRIBING THE TERMS AND CONDITIONS OF THE GRANT AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. AND WHEREAS,the said Ordinance has been duly signed by the Mayor and attested by the City Clerk and provides th,$pame shall be in fMlJ q 1n e and effect, subject to its approval by a majority of the legal electors of the 1 y of 1 ,Iowa, voting thereon and upon its publication as provided by law,and subject to its acceptance by the Grantee. AND WHEREAS,the laws of Iowa provide that same shall be submitted to the legal electors of the C ity of Tiffin ,Iowa,for approval. • NOW,THEREFORE,BE IT RESOLVED BY THE C ity COUNCIL OF THE City OF Tiffin , IOWA: That a special election of the City of Tiff in ,Iowa, be held on the 22nd day of 0 ctober ,19 ,for the submission of said Ordinance No. '135; to the legal electors of the City of Tiff in ,Iowa, as by law provided; and the County Commissioner of Elections is hereby requested to cause notice of said special election to be published as by law provided,and to make all arrangements and preparations for said election,including ballots and polling place,and do all things necessary or required by law for said election. The question of the adoption of said Resolution was submitted to the Council, and upon roll call the Councilmen voted as follows: Cox voted aye Morgan voted aye Runge voted aye Spivey voted aye (E-2/83) A-5 Stevens voted aye Thereupon,Mayor Potter declared said Resolution duly passed and adopted. It was moved by Councilman Cox and seconded by Councilman Stevens that the meeting be adjourned. All members of the Council voting "Aye", the Mayor thereupon declared the meeting adjourned. Attest: GLENN R. POTTER. Mayor of the of Odte (1. . V.,C14-.) Tiffin Iowa ADELIA S. KERN C ity Clerk of the C ity of Tiff in ,Iowa Dated this 11th day of September, 1985 Approved: County Commissioner of Elections Date: (E-2/83)