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, , <br /> WHEREAS, such facilities of Illinois Power used for the transmission of electric energy <br /> are described in the Agreement in accordance with the guidelines prescribed by the Federal <br /> Energy Regulatory Commission in Order No. 888 and the classification of such facilities as used <br /> for the transmission of electric energy will be approved by the Illinois Commerce Commission and <br /> the Federal Energy Regulatory Commission prior to the closing of the sale contemplated by the <br /> Agreement; and <br /> WHEREAS, Illinois Power has petitioned the Municipality to grant its consent to the <br /> partial assignment of the Franchise by Illinois Power to IETC to the extent necessary to permit <br /> IETC to construct, maintain and operate a system for the transmission of electric energy within <br /> the corporate limits of the Municipality as presently established or as may hereafter be extended. <br /> NOW THEREFORE, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE <br /> CITY OF DECATUR, ILLINOIS THAT CONSENT IS HEREBY GIVEN TO THE PARTIAL <br /> ASSIGNMENT OF THE FR.ANCHISE TO INCLUDE THE FOLLOWING TERMS AND <br /> CONDITIONS: <br /> l. Sections 1, 2, 3, 4, 7 and 9 of the Franchise shall be partially assigned by Illinois <br /> Power to IETC to the extent of the transmission facilities sold and purchased pursuant <br /> to the Agreement and, for purposes of such sections, IETC shall be deemed the <br /> Grantee with respect to rights granted and obligations assumed pursuant to such <br /> sections with respect to such transmission facilities. <br /> 2. Sections 5, 6 and 10 of the Franchise shall not be assigned in full or in part by Illinois <br /> Power to IETC and, for purposes of such sections, Illinois Power shall retain all of the <br /> rights granted and obligations assumed pursuant to such sections. <br />