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Home My Public Portal AboutOrdinances-2012-309 MINUTES OF TIFFIN,IOWA,CITY COUNCIL PROCEEDINGS RELATING TO THE ADOPTION OF ,FRANCHISE ORDINANCE NO. r,9 0,102,i2 // ,2012 The City Council of the City of TIFFIN, JOHNSON County, Iowa, met in regular(special) session on the above date pursuant to the rules of said Council,the Mayor presiding and the Clerk recording: Present: 51-Q.� 'tom 2 c..1-C11 Mayor and the following Council Members: 7n 8 j&(,a , Chi-15 $au `PsLif ton Rytai-u 1,4tA/LA _ I IC Absent: Council Member acisfo_As offered Ordinance No. aV q -307, of which the following is a copy. ORDINANCE NO. c?()10- go, An Ordinance granting 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,a transmission system for electric power and the right to erect and maintain the necessary poles,lines,wires,conduits and other appliances for the transmission of electric current along,under and upon the streets,avenues,alleys and public places in the City of TIFFIN,JOHNSON County, Iowa; granting 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;and granting the right of eminent domain. BE IT ORDAINED BY THE City Council of the City of TIFFIN,JOHNSON County, Iowa: Section 1. Grant. L There is hereby granted to the Company the right and franchise to acquire,construct,erect,maintain and operate in the City of TIFFIN, JOHNSON County, Iowa,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. • Section 2. 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. Section 3. 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-way shall not deprive the Company of its right to operate and maintain existing Facilities until the reasonable cost of relocating the same are paid to the Company. Section 4.Modern System. The system authorized by this Ordinance shall be modern and up-to-date and shall be kept in a modern and up-to-date condition. Section 5. Pruning. To promote public safety in proximity to its Facilities and to maintain electric reliability,the Company is authorized and empowered to prune or remove at Company expense any trees or shrubs or parts thereto extending into any street,alley,right-of-way or public grounds. The pruning shall be completed in accordance with the then- current nationally accepted safety and utility industry standards,as revised and updated from time to time. Section 6. Continuous Service. Service to be rendered by the Company under this franchise shall be continuous unless prevented from doing so by fire, Acts of God,unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Company's equipment,and in such event service shall be resumed as quickly as is reasonably possible. Section 7. Non-exclusivity. The franchise granted by this Ordinance shall not be exclusive. • 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. all d / 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. • Thereupon,it was moved by Council Member tkia,y,Vit , and seconded by Council Member that the laws and rules providing that ordinances shall be fully and distinctly rea on three different days be suspended and dispensed with, and that Ordinance No. .10 i JO/ be placed on its last reading. a()) i/� jot g- UPON ROLL CALL, Council Members voted upon said motion as follows: (insert name and vote either "YES" or"NO") I`�L��Q�4&J j f`-�+ , Q,LL� C� , l tJ .,, , B oA,�' ce. c , 4170-t4r), v,tc Members of the Council being present and having voted "YES," Mayor l er declared the motion carried, and Ordinance NoR2°k9-60 was then placed upon its last reading and was read the last time. . 11, < ‹. Ic9 . Thereupon, it was moved by Council Member , and seconded by Council Member pqG�.h that Ordinance No. be placed upon its final passage and passed. X L I .3U q / -UPON ROLL CALL, Council Members voted upon said motion as follows: .(insert name and vote either "YES" or "NO") gay, da /4 Members of the Council being present and having voted "YES," Mayor 0.r yl�,f- declared the motion carried, and the Ordinance passed and adopted. There being no further business before the meeting, on motion duly made, seconded and carried, tie<' Council adjourned. / s ..• , • Mayor of the City of TIFFIN, JOHNSON County, Iowa 51e✓ed1 <=16 ,3 - C- Attest: Qio29.-1.1a� -/t‹,t City Clerk A,A `. C Oiciv,14 tk (SEAL) I, Adelia C. Madden, Interim Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE GRANTING TO ITC MIDWEST, LLC, A WHOLLY OWNED SUBSIDIARY OF ITS 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, A TRANSMISSION SYSTEM FOR ELECTRIC POWER AND THE RIGHT TO ERECT AND MAINTAIN THE NECESSARY POLES, LINES, WIRES, CONDUITS AND OTHER APPLIANCES FOR THE TRANSMISSION OF ELECTRIC CURRENT ALONG, UNDER AND UPON THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES IN THE CITY OF TIFFIN, JOHNSON COUNTY, IOWA; GRANTING 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 A PERIOD OF TWENTY- FIVE (25)YEARS; AND GRANTING THE RIGHT OF EMINENT DOMAIN and known as No. 2012 -309 was duly passed by the Council on the 11th day of April, 2012, and signed by the Mayor on the l lth day of April 2012, and published on the 12th day of April, 2012, by posting copies thereof in four public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2012 -309 in the following places: The Depot, Tiffin;Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Morgan's Station, Tiffin, Iowa Adelia C. Madden, Interim City Clerk CORPORATE SEAL STATE OF IOWA) COUNTY OF JOHNSON) ss On the fib day of April, 2012,before me, a Notary Public in and for the State of Iowa, personally appeared Adelia C. Madden, to me personally known, and who, being by me duly sworn, did say that she is the Interim City Clerk of the City of Tiffin, Iowa, and that the document was signed on behalf of the City,by authority of the City Council, as contained in the ordinance No. 2021-309 adopted by the City Council of the City of Tiffin, Iowa and that Adelia C. Madden acknowledged the execution of the document to be her voluntary act and deed and the voluntary act and deed for the City,by it voluntarily executed. Ca4 / 0712-1 „,‘ CAROLINE KOON Commission Number 730751 Notary Public in and for the State of Iowa ow, My m ion Expires