The URL can be used to link to this page

Home My Public Portal AboutOrdinances-1993-177 fr ORDINANCE NO. J9Q3—/77 AN ORDINANCE GRANTING TO IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF, TWENTY-FIVE YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT,' MAINTAIN AND OPERATE IN THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA, A GAS PLANT OR PLANTS FOR THE STORAGE,. TRANSMISSION, DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF TIFFIN AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND BRIDGES IN THE CITY OF TIFFIN FOR THE PURPOSE OF LAYING, CONSTRUCTING, 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 CITY'OF TIFFIN AND ELSEWHERE. BE IT ENACTED by the City Council of the,` City`of Tiffin, Iowa: Section 1. 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 City of Tiffin, Johnson County, Iowa, hereinafter called the "City, "--a gas plant or plants for the storage, transmission, distribution, sale, delivery or furnishing of natural gas for public and fi f r private use in the City and elsewhere, and to use the streets, avenues, alleys and public grounds and bridges in the City for the purpose of laying, constructing, s g, maintaining, replacing and . i r 6}4d 1 via trace I\(O. 171 substituting mains, .pipes, conduits and other facilities for the transmission, distribution, sale, delivery or furnishing of gas for public and private use in the City and elsewhere. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 1991, 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, mains, conduits, communication circuits and other facilities provided that the. same shall be so located and maintained as to make no unnecessary obstructions of any drains or sewers or the flow of water therefrom, which have been or may hereafter be located' by authorityrof the City. The gas Pipes, mains, conduits, communication circuits and other facilities shall be so located and maintained in the streets, avenues, alleys and public places of the City as to make no unnecessary obstruction therein to the use, thereof by the public. Section 4. ' In making excavations of anylstreets, 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 Company 2 • 6 'no vice IV. I 7 7 1 shall conform to all reasonable regulations prescribed by the City 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 the City, either public or private. Section 5. The Company, its successors and assigns, shall hold the City harmless from all claims and damages arising from the Company' s negligent placement or negligent maintenance of its utility facilities in the public ways or on -public property pursuant to this Ordinance. Section 6. All proper and necessary police regulations shall be adopted and enforced by the City for the protection of the pipes, mains, conduits, meters and other apparatus of the Company and its successors and assigns. Section 7. This ordinance and the rights and privileges herein granted shall not become effective or binding until this ordinance shall have been submitted to11and approved by a majority of the electors of the City voting at the next general l - or municipal election or at a special election called for that purpose. The cost and expense of the election relating to the franchise provided for herein shall be1paid by the Company. Section 8. The Company and its successors and assigns, within 30 days after the approval of this ordinance by a vote of the people at the next general or municipal election or at a 1 special election called for that purpose, shall file in the • 3 7 t`C\YCI,viat.,CP (\la. ( Ti /' / office of the clerk .of the City its acceptance in writing of all the terms and provisions of this ordinance. t . Section 9. Upon the effective date of this -ordinance, all ordinances or parts of ordinances in conflict herewith are ' hereby repealed. . Section 10. This ordinance shall become effective upon passage by the City Council, the approval of the Voters as • provided in Section 7 hereof and acceptance by the Company as provided in Section 8 hereof. r ` PASSED AND APPROVED this /U_ day of , .� , 1993 ( ,^ CITY OF TIFFIN, IOWA • ��jj�� 474 By / [SLt.... /A, . Mayor • ATTEST: - , ,, /A, .e" *i • er CI C erk • . , Clerk of the City of Tiffin, Iowa, state that an Ordinance entitled Ck,i eri ft4 76 Z6uvi [104/0/ Gnc. 'O /C, 7/ )-; ��M'TCVUv7Cwe eftr's 77,e ij,?,G'sr FNA 4'mHvC 4 1ic_9 tit Ret enter�y q-iN 7:.& ,I-iv 0 epan rE 1N 17FFiN,. {q 7 P-Ar/j ia' rr/2-NS27,_ ,prr' '/iu nu,v ,iii 0-4-" r>!-/✓e.v C,v cias c nG�1/_/'.'. 4WD ,psi/ie.91E-[Lj& •.. and know' aslff93-177 was duly passed by the Council on the _i_04 day of . )4a rc;i_ . , 1993' and signed by the Mayor on the 14kb day of )1/14,ic,,, , 1993 and published on 'the 315. . day of _Vaal , 1993 by posting copies thereof in three public places within the limits of the City of ,Tiffin Iowa. That I posted copies of Ordinance No.1ci93-1.7"? in the following places: -` , T'I fi n �05# 3-F rg cc k M o"(Jao'c.. Se(t/i c S Zt44 a1, r le, v laic& / e.a •a t B. , Reihma� , CITY CLERK i • o f� �fC{i•nci vice kio. (7 P 7 age. ( tea., ACCEPTANCE OF. ORDINANCE NO. 1993-177 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF TIFFIN, IOWA: The undersigned Iowa-Illinois Gas and Electric. Company, an Illinois corporation authorized to do business in the state of Iowa, for itself a'io its successors and assigns hereby accepts all of the terms and conditions of Ordinance No. 1993-177, which ordinance was adopted and approved by the City Council of Tiffin, Iowa on March 10, 1993, was approved by a majority of the electors of the City of Tiffin, Iowa voting at a special election 'called for that purpose and held in the City of Tiffin, Iowa on May 18, 1993, and is entitled as follows: ORDINANCE NO. 19937177 AN ORDINANCE GRANTING TO IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY-FIVE YEARS THE RIGHT AND FRANCHISE TO ACQUIRE, ERECT, MAINTAIN AND OPERATE IN THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA, A GAS PLANT OR PLANTS FOR THE STORAGE, TRANSMISSION, 1 DISTRIBUTION, SALE, DELIVERY OR FURNISHING OF GAS FOR PUBLIC AND PRIVATE USE IN THE CITY OF TIFFIN AND ELSEWHERE AND TO USE THE STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND BRIDGES IN THE CITY OF TIFFIN FOR THE PURPOSE OF LAYING, CONSTRUCTING, 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 CITY OF TIFFIN AND ELSEWHERE. � r i 1 I I 4 O,\ _ cctu oviceNa . ,,(77 6' a .7..k# ` •):.is This-Acceptance is filed pursuant to the terms 'of said ordinance and is an acceptance of all'qhe `terms and conditions thereof. 1 ' t Executed this day of /(47 , 1993 . IOWA-ILLINOIS AS .. • r ' LECTRIC COMPANY By Pr- ident ATTEST: bcyetary { J ' 1 Receipt is hereby, acknowledged this , �' - day of May y 1993, of the original executed counterpart of ;the foregoing Acceptance of Ordinance No. 1993-177, which original Acceptance of Ordinance No. ,1993-177, has been duly filed in } the office of the undersigned on the date set -out above. At (Seal) y C e kI s t z , 2 4