Loading...
HomeMy WebLinkAbout20250530Tariff Advice No. INT-TAG-25-01.pdf INTERMOUNTAIN° RECEIVED GAS COMPANY May 30, 2025 A Subsidiary of MDU Resources Group,Inc. I DAH O PUBLIC In the Community to Serve" UTILITIES COMMISSION May 30, 2025 Monica Barrios-Sanchez Commission Secretary Idaho Public Utilities Commission P.O. Box 83720 Boise, ID 83720-0074 RE: Intermountain Gas Company Case No. INT-TAG-25-01 Dear Ms. Barrios-Sanchez: Enclosed for filing with this Commission is a copy of Intermountain Gas Company's ("Intermountain" or "Company") proposed revisions to its Rate Schedule FT. The proposed revisions to Rate Schedule FT reflect new ordinance numbers for Bellevue, Gooding, Iona, Lewisville, Shoshone, and Ucon. The table below provides an overview of each newly executed agreement. City Ordinance No. Date Approved Date Approved Start Date End Date Term by City by Company Bellevue 2025-05 5-27-2025 5-28-2025 5-28-2025 5-27-2035 10 years Gooding 733 5-5-2025 5-14-2025 5-14-2025 5-13-2045 20 years Iona 319-04-25 4-22-2025 4-24-2025 4-24-2025 4-23-2055 30 years Lewisville 2025-2 4-9-2025 4-10-2025 4-10-2025 4-9-2055 30 years Shoshone 574 3-19-2025 3-19-2025 3-19-2025 3-18-2045 20 years Ucon 196 5-14-2025 5-21-2025 5-21-2025 5-20-2055 30 years The franchise fee amount for each city listed above remains unchanged at three percent. Copies of each ordinance are attached. Case No. INT-G-25-01 Page 2 of 2 The Company requests that the proposed revisions to Rate Schedule FT become effective July 7, 2025. If you have any questions or require additional information regarding the attached, please contact me at (208) 377-6015. Sincerely, /s/ Lori. A. Blattner Lori A. Blattner Director— Regulatory Affairs Intermountain Gas Company Enclosures I.P.U.C. Gas Tariff Rate Schedules Tenth Revision Sheet No. 15 ( Page 1 of 1) Name Intermountain Gas Company of Utility y Rate Schedule FT FRANCHISE FEE/TAX ADJUSTMENT APPLICABILITY: To all charges for natural gas service rendered within the jurisdiction imposing a fee, tax, or charge as provided in Section A, paragraph 4.4 of the Company's General Service Provisions. ADJUSTMENT: The rates and charges shall be increased by an adjustment equivalent to the amount of the charge imposed by the jurisdiction. The following cities charge a 3% franchise fee: CITY ORDINANCE NO. CITY ORDINANCE NO. Aberdeen 351 Kuna 2023-05 American Falls 628 Lava Hot Springs 1985-3 Ammon 463 Lewisville 2025-2 Arimo 4 Malta 28 Bancroft 210 McCammon 255 Basalt 125 Menan 396 Bellevue 2025-05 Meridian 462 Blackfoot 2140 Middleton 532 Boise 6444 Montpelier 593 Buhl 981 Mountain Home 1064 Burley 1210 Murtaugh 24-02 Caldwell 3036 Nampa 2006 Chubbuck 849 New Plymouth 170 Declo 123 Parker 72 Eagle 715 Parma 579 Emmett 780 Paul 2006-1 Filer 554 Payette 961 Firth 131 Pocatello 2802 Fruitland 358 Rexburg 954 Garden City 849-06 Rigby 2015-576 Georgetown 52 Ririe 136 Glenns Ferry 375 Rupert 06-507 Gooding 733 St. Anthony 01-04 Grace 2016-1 Shelley 324 Greenleaf 84 Shoshone 574 Hailey 1190 Soda Springs 654 Hansen 121 Star 66 Heyburn 581 Sugar City 3692021 Homedale 345 Sun Valley 514 Idaho Falls 3052 Twin Falls 2165 Inkom 85-166 Ucon 196 Iona 319-04-25 Weiser 957 Jerome 688 Wendell 493 Ketchum 1134 Wilder 365 Kimberly 409 Issued by: Intermountain Gas Company By: Lori A. Blattner Title: Director—Regulatory Affairs I.P.U.C. Gas Tariff Rate Schedules Ninth Tenth Revision Sheet No. 15 ( Page 1 Idaho Public Utilities Commission of 1) Office of the Secretary Name Intermountain Gas Company ACCEPTED FOR FILING an of Utility p y August 20, 2024 Boise, Idaho Rate Schedule FT FRANCHISE FEE/TAX ADJUSTMENT APPLICABILITY: To all charges for natural gas service rendered within the jurisdiction imposing a fee, tax, or charge as provided in Section A, paragraph 4.4 of the Company's General Service Provisions. ADJUSTMENT: The rates and charges shall be increased by an adjustment equivalent to the amount of the charge imposed by the jurisdiction. The following cities charge a 3% franchise fee: CITY ORDINANCE NO. CITY ORDINANCE NO. Aberdeen 351 Kuna 2023-05 American Falls 628 Lava Hot Springs 1985-3 Ammon 463 Lewisville 91-952025-2 Arimo 4 Malta 28 Bancroft 210 McCammon 255 Basalt 125 Menan 396 Bellevue 95-042025-05 Meridian 462 Blackfoot 2140 Middleton 532 Boise 6444 Montpelier 593 Buhl 981 Mountain Home 1064 Burley 1210 Murtaugh 24-02 Caldwell 3036 Nampa 2006 Chubbuck 849 New Plymouth 170 Declo 123 Parker 72 Eagle 715 Parma 579 Emmett 780 Paul 2006-1 Filer 554 Payette 961 Firth 131 Pocatello 2802 Fruitland 358 Rexburg 954 Garden City 849-06 Rigby 2015-576 Georgetown 52 Ririe 136 Glenns Ferry 375 Rupert 06-507 Gooding 69-9733 St. Anthony 01-04 Grace 2016-1 Shelley 324 Greenleaf 84 Shoshone 496574 Hailey 1190 Soda Springs 654 Hansen 121 Star 66 Heyburn 581 Sugar City 369 2021 Homedale 345 Sun Valley 514 Idaho Falls 3052 Twin Falls 2165 Inkom 85-166 Ucon 447196 Iona 62319-04-25 Weiser 957 Jerome 688 Wendell 493 Ketchum 1134 Wilder 365 Kimberly 409 Issued by: Intermountain Gas Company By: Lori A. Blattner Title: Director-Regulatory Affairs Effective: September !, 2024 I NT-TAG-25-01 Attachment A Franchise Agreements Bellevue Franchise Agreement CITY OF BELLEVUE,IDAHO ORDINANCE NO.2025-05 AN ORDINANCE OF THE CITY OF BELLEVUE,IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY (10)YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT,MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM;PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY, SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT;PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS,ACCOUNTS,AND BOOKS;REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTERLY PAYMENT TO THE CITY,AND THE FILING OF QUARTERLY REPORTS WITH THE CITY;REQUIRING GRANTEE TO INDEMNIFY CITY,AND FILE EVIDENCE OF INSURANCE;REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE,RESERVING POWER OF EMINENT DOMAIN;PROVIDING FOR SURRENDER OF FRANCHISE;GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE;PROVIDING FOR CONSENT TO SALE OR ASSIGNMENT,PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF BELLEVUE,IDAHO Section 1: Grant of Authority There is hereby granted to Intermountain Gas Company,a corporation,its successors and assigns (hereinafter collectively referred to as"Grantee")a Ten(10)year extension to the right and authority to construct,install,maintain and operate a gas transmission and distribution system,including mains,pipes, conduits,services and other necessary structures and appliances appertaining in,under,upon,over,across and along the streets,alleys,bridges and public places within the present and future corporate limits of the City of Bellevue,Idaho(hereinafter referred to as"City")for the furnishing,transmission,distribution and sale of gas,whether artificial,natural,mixed or otherwise,for heating,domestic,industrial and other purposes and for transmitting gas into,through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2:Use of Streets and Rules Governing Same Grantee shall secure a permit for any opening it shall make in the streets,alleys and public places in the City and shall be subject to all applicable ordinances,but no fee shall be required of Grantee for any such permit. Grantee may,however,open or disturb the streets,alleys,and public places without a permit if an emergency exists requiring the immediate repair of facilities.The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose,but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service.Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility,it shall be the duty of the Grantee when so ordered by the City to change its mains,services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits,sewers and other mains of the City as constructed or ORDINANCE 2025-05 -Page 1 reconstructed;however,the Grantee shall not be required to relocate pipes,mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement,unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible.In the event Federal, State or other funds are available in whole or in part for utility relocating purposes,the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto governing repair and reconstruction of streets.The ;Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain,repair and keep in good condition for a period of one year all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street,alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction.Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee.For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an"obstruction". Section 4: Term of Franchise and Grant Such right and authority,permission and power is hereby granted for a term of ten(10)years from and after the date of the final acceptance of this Ordinance by the Company,herein referred to as the primary term. This franchise will automatically renew for successive periods of ten(10)years upon written request by Grantee to extend the Franchise no later than one year prior to the end of the primary term. Notwithstanding the foregoing,the franchise may be cancelled by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 5: City Right to Inspection of Grantee's Plans,Accounts and Books—Grantee to Furnish Certain Maps Upon reasonable advance notice,the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee.The Grantee shall furnish,upon request,the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information(such as proprietary maps and other mapping information)provided pursuant to this Section,including execution of a data sharing agreement with Grantee.Any map supplied shall not be used for locating gas facilities with the intent of excavating.Prior to excavating,the City shall request line locates per the requirements of Idaho Statute Title 55 Chapter 22 Underground Facilities Damage Prevention. Section 6: Payment to City and Filing of Quarterly Written Report with the City ORDINANCE 2025-05 -Page 2 As consideration for this franchise and grant said Grantee,its successors and assigns,during the franchise period, shall pay to the City three percent(3%)of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use,operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes)related to easements, franchises,rights-of way, utility lines and equipment installation,maintenance and removal during the term of the public service providers'franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter,which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report,and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability—Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment,execution,claim or demand whatsoever,resulting from negligence on the part of the Grantee in the construction,operation or maintenance of its gas system in the City.The City shall notify the grantee's representative in the City within ten(10)days after the presentation of any claim or demand,either by suit or otherwise,made against the City on account of any negligence as aforesaid on the part of the Grantee.Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts,omissions,or negligence of the City its agents,representatives, contractors,officers,directors, employees,or other parties subject to its direction or control. Section 8:Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder,Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than$500,000.00 and bodily injury with limits of not less than$500,000.00 per person and$1,000,000.00 total for each occurrence. Provided,however,the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et. seq.) or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho,or any regulatory body having jurisdiction thereof. Section 10: Agreement Not to Compete—Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee,its successor and assigns;but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. ORDINANCE 2025-05 -Page 3 Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder,Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities,and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty(30)days after the passage and publication of this ordinance,file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The grantee shall assume the cost of publication of this franchise as such publication is required by law. Section 14: Forfeiture Any material violation by the Grantee,its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty(60)calendar days of City's providing Grantee written notice,which shall be served upon Grantee by registered mail on its Region Director at 555 South Cole Road,Boise,ID 83709,or if not reasonably capable of being cured within sixty(60)calendar days, within such other reasonable period of time as the parties may agree.This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid,the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. Section 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 17: Notifications Whenever this Franchise calls for notice to or notification by any party,the same(unless otherwise specially provided)shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any ORDINANCE 2025-05 -Page 4 payment or performing any act is a legal holiday,payment may be made,or the act performed on the next succeeding business day which is not a legal holiday.Notices shall be directed to the parties as follows: To the City: City Clerk City of Bellevue 115 E.Pine St PO Box 825 Bellevue,Idaho 83313 To IGC: Region Director Intermountain Gas Company 555 S Cole Road Boise,Idaho 83709 This Ordinance shall take effect and be in force on June 1, 2025, following its passage, approval, and publication as required by law, and the execution of the"Acceptance and Consent"by Grantee. .V& DATED this QT day of_ 2025. CITY OF BELLEVUE J Christina Giordani,Mayor ATTEST: ,••�pgfNf f f/��/ A. m Amy helps, City Clerk 0AL a • .�°gNEfCO�y .•`'. ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY,as the franchisee and `Grantee'in the ordinance set forth above,accepts the franchise set forth therein at the time of Grantee's execution, and agrees to abide by the terms and conditions thereof. Specifically(and pursuant to I.C. § 50-329A),IGC consents to the three percent(3%)franchise fee assessed by the City pursuant to this ordinance. DATED this 28th day of May ,2025. By. Eric Martuscelli Its:VP,Field Operations&Customer Experience ORDINANCE 2025-05 -Page 5 Gooding Franchise Agreement ORDINANCE NO. 733 AN ORDINANCE OF THE CITY OF GOODING, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A TWENTY(20)YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS,AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE ANNUAL PAYMENT TO THE CITY;AND THE FILING OF ANNUAL REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY; AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE,ASSIGNMENT OR LEASE; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF GOODING, IDAHO; Section 1: Grant of Authority. There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a twenty (20) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Gooding, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2: Use of Streets and Rules Governing the Same. Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. Grantee may, however, open or disturb the streets, alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main,sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such fiends and the Grantee will be reimbursed to the extent any such finds are actually obtained. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets. The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible.The Grantee shall maintain,repair and keep in good condition for a period of one year all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street,alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction.Any such obstruction which,after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an "obstruction". Section 4: Term of Franchise and Grant. Such right and authority, permission and power is hereby granted for a term of twenty (20) years from and after the date of the final acceptance of this Ordinance by the Company, herein referred to as the primary term. This franchise will automatically renew for successive periods of ten (10) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 5: City Right to Inspection of Grantee's Plans,Accounts and Books—Grantee to Furnish Certain Maps. Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions.The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information (such as proprietary maps and other mapping information) provided pursuant to this Section. including execution of a data sharing agreement with Grantee. Any map supplied shall not be used for locating gas facilities with the intent of excavating. Prior to excavating, the City shall request line locates per the requirements of Idaho Statutes Title 55 Chapter 22 Underground Facilities Damage Prevention. Section 6: Payment To City And Filing Of Annual Written Report With The City As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use,operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability - Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee.Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts.omissions,or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. Section 8: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder. Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $500,000.00 and bodily injury with limits of not less than $500,000.00 per person and$1,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at an}, time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et. seq.) or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. Section 10:Agreement Not to Compete—Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder. Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise,or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The Grantee shall assume the cost of publication of this franchise as such publication is required by law. Section 14: Forfeiture Any material violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty(60)calendar days of City's providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 555 South Cole Road, Boise, ID 83709, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree.This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. Section 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 17: Notifications Whenever this Franchise calls for notice to or notification by any party,the same(unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Gooding 308 5`h Ave W. Gooding, Idaho 83330 To IGC: Region Director Intermountain Gas Company 555 S Cole Road Boise, Idaho 83709 This Ordinance shall take effect and be in force on May 5, 2025, following its passage, approval, and publication as required by law,and the execution of the"Acceptance and Consent'by Grantee. DATED this 5th day of May 2025 CITY OF GOODING o%W u n 1 rj►►ii/ G 0 e;p 0 Di ne Houser, Mayor '* a SEAL ATTEST: ou Hollye H y, City Ark ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY. as the franchisee and 'Grantee' in the ordinance set forth above,accepts the franchise set forth therein at the time of Grantee's execution,and agrees to abide by the terms and conditions thereof. Specifically (and pursuant to I.C. 3 50-329A), IGC consents to the three percent(3%) franchise fee assessed by the City pursuant to this ordinance. DATED this 14th day of May 2025 r� By: Eric Martuscelli Its: VP, Field Operations &: Customer Experience Iona Franchise Agreement ORDINANCE NO. 319-04-25 AN ORDINANCE OF THE CITY OF IONA, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY THIRTY YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE,FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS,ACCOUNTS,AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTLY PAYMENT TO THE CITY,AND THE FILING OF QUARTERLY REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY,AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE;REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE,ASSIGNMENT OR LEASE;PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF IONA, IDAHO; l Section 1: Grant of Authority. There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a thirty (30) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Iona, Idaho(hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into,through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2: Use of Streets and Rules Governing the Same. Grantee shall secure a permit for any opening it shall make in the streets,alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. Grantee may, however, open or disturb the streets, alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the pen-nit may expose gas pipes, mains and appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. The Grantee will not be required to move structures whenever any person or entity not working directly for the Municipality without being fully reimbursed for all reasonable costs and expenses incurred. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets. The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of three years all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an"obstruction". Section 4: Term of Franchise and Grant. Such right and authority, permission and power is hereby granted for a term of thirty (30) years from and after the date of the final acceptance of this Ordinance by the Company,herein referred to as the primary term.This franchise will automatically renew for successive periods of ten (10) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section S: City Right to Inspection of Grantee's Plans,Accounts and Books—Grantee to Furnish Certain Maps. Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions. The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information (such as proprietary maps and other mapping information) provided pursuant to this Section, including execution of a data sharing agreement with Grantee. Any map supplied shall not be used for locating gas facilities with the intent of excavating. Prior to excavating, the City shall request line locates per the requirements of Idaho Statute Chapter 22 Underground Facilities Damage Prevention. i Section 6: Payment To City And Filing Of Quarterly Written Report With The City As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use, operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes)related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability- Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction,operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts, omissions, or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. Section 8: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $1,000,000 and bodily injury with limits of not less than $1,000,000 per person and $2,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et. seq.)or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. Section 10:Agreement Not to Compete—Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The Grantee shall assume the cost of publication of this franchise as such publication is required by law. Section 14: Forfeiture Any material violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty (60) calendar days of City's providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 1527 Hollipark Drive, Idaho Falls, Idaho 83405, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree. This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid,the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. i Section 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 17: Notifications Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday,payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Iona 3548 N Main St. Iona,Idaho, 83427 To IGC: Region Director Intermountain Gas Company 1527 Hollipark Drive Idaho Falls, Idaho 83405 This Ordinance shall take effect and be in force on April 22, 2025, following its passage, approval, and publication as required by law,and the execution of the"Acceptance and Consent" by Grantee. DATED this day of CITY OF IONA Dan Gubler,Mayor ATTEST: Wr, t C erk ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY, as the franchisee and `Grantee' in the ordinance set forth above, accepts the franchise set forth therein at the time of Grantee's execution, and agrees to abide by the terms and conditions thereof. Specifically (and pursuant to I.C. § 50-329A), IGC consents to the three percent(3%)franchise fee assessed by the City pursuant to this ordinance. DATED this 24th day of April ,2025 By: Eric Martuscelli Its: VP,Field Operations&Customer Experience Lewisville Franchise Agreement CITY OF LEWISVILLE ORDINANCE 2025-2 of the City of the Lewisville,Idaho AN ORDINANCE OF THE CITY OF LEWISVILLE, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT,MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTLY PAYMENT TO THE CITY,AND THE FILING OF QUARTERLY REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE, ASSIGNMENT OR LEASE; PROVIDING FOR PAYMENT OF PUBLICATION COST, SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF LEWISVILLE, IDAHO; That the following Ordinance shall constitute a franchise agreement between the City of Lewisville and Intermountain Gas Company, a corporation. Section 1: Grant of Authority. There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a thirty (30) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Lewisville,Idaho(hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power Page 1 of 7 and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2: Use of Streets and Rules Governing the Same. Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances,but no fee shall be required of Grantee for any such permit. Grantee may, however, open or disturb the streets, alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main,sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street,alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal,State or other funds are available in whole or in part for utility relocating purposes,the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the permit may expose gas pipes, mains and appurtenances of the Grantee,the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. The Grantee will not be required to move structures whenever any person or entity not working directly for the Municipality without being fully reimbursed for all reasonable costs and expenses incurred. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets. The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible.The Grantee shall maintain,repair and keep in good condition for a period of three years all portions of streets and alleys disturbed by it or its agents.The Grantee shall be responsible for any obstruction in any street,alley or other public place caused by it in the Page 2 of 7 operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction.Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an"obstruction". Section 4: Term of Franchise and Grant. Such right and authority, permission and power is hereby granted for a term of thirty (30) years from and after the date of the final acceptance of this Ordinance by the Company, herein referred to as the primary term. This franchise will automatically renew for successive periods of ten (lfl) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 5: City Right to Inspection of Grantee's Plans,Accounts and Books—Grantee to Furnish Certain Maps. Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions.The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information(such as proprietary maps and other mapping information) provided pursuant to this Section, including execution of a data sharing agreement with Grantee. Any map supplied shall not be used for locating gas facilities with the intent of excavating. Prior to excavating, the City shall request line locates per the requirements of Idaho Statute Chapter 22 Underground Facilities Damage Prevention. Section 6: Payment To City And Filing Of Quarterly Written Report With The City As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use,operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. Page 3 of 7 The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability-Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee.Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts,omissions,or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. Section 8: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $1,000,000 and bodily injury with limits of not less than $1,000,000 per person and $2,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et. seq.) or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. Section 10: Agreement Not to Compete—Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. Page 4 of 7 Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise,or in any of such events,Grantee reserves the right to salvage all of its plant,works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The Grantee shall assume the cost of publication of this franchise as such publication is required by law. Section 14: Forfeiture Any material violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty(60)calendar days of City's providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 1527 Hollipark Drive, Idaho Falls, Idaho 83405, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree. This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid.The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. Page 5 of 7 1 Section 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 17: Notifications Whenever this Franchise calls for notice to or notification by any party,the same(unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Lewisville PO Box 160 Lewisville, Idaho To IGC: Region Director Intermountain Gas Company 1527 Hollipark Drive Idaho Falls, Idaho 83405 Page 6 of 7 This Ordinance shall take effect and be in force on the 91h day of April,2025,following its passage, approval, and publication as required by law, and the execution of the"Acceptance and Consent" by Grantee. DATED this 9"' day of April, 2025 CITY OF LEWISVILLE Curtis Thomas, Mayor ATTEST: onnie Olsen C ty Clerk ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY, as the franchisee and `Grantee' in the ordinance set forth above,accepts the franchise set forth therein at the time of Grantee's execution,and agrees to abide by the terms and conditions thereof. Specifically (and pursuant to I.C. § 50-329A), IGC consents to the three percent(3%) franchise fee assessed by the City pursuant to this ordinance. DATED this 10th day of April , 2025. By: Eric Martuscelli Its: VP, Field Operations&Customer Experience Page 7 of 7 Shoshone Franchise Agreement INTERMOUNTAIN GAS FRANCHISE ORDINANCE NO. 574 AN ORDINANCE OF THE CITY OF SHOSHONE, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A TWENTY (20) YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTERLY PAYMENT TO THE CITY, AND THE FILING OF QUARTERLY REPORTS WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE OR ASSIGNMENT; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF SHOSHONE, IDAHO; Section 1: Grant of Authority There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a twenty (20) year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes, conduits, services and other necessary structures and appliances appertaining in, under, upon, over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Shoshone, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into,through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2: Use of Streets and Rules Governing Same Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. Grantee may, however, open or disturb the streets, alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service. Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits, sewers and other mains of the City as constructed or reconstructed; however, the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the permit may expose gas pipes, mains and appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto governing repair and reconstruction of streets. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of one year all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an "obstruction". Section 4: Term of Franchise and Grant Such right and authority, permission and power is hereby granted for a term of twenty (20) years from and after the date of the final acceptance of this Ordinance by the Company, herein referred to as the primary term. This franchise will automatically renew for successive periods of ten (10) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. Section 5: City Right to Inspection of Grantee's Plans,Accounts and Books— Grantee to Furnish Certain Maps Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall furnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions.The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information(such as proprietary maps and other mapping information) provided pursuant to this Section, including execution of a data sharing agreement with Grantee. Any map supplied shall not be used for locating gas facilities with the intent of excavating. Prior to excavating, the City shall request line locates per the requirements of Idaho Statute Chapter 22 Underground Facilities Damage Prevention. Section 6: Payment to City and Filing of Quarterly Written Report with the City As consideration for this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use,operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report, and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability — Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten (10) days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee.Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts,omissions,or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. Section 8: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $500,000.00 and bodily injury with limits of not less than$500,000.00 per person and$1,000,000.00 total for each occurrence. Provided,however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et.seq.) or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. Section 10: Agreement Not to Compete Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns; but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise,or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The Grantee shall assume the cost of publication of this ordinance as such publication is required by law. Section 15: Forfeiture Any material violation by the Grantee, its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty(60)calendar days of City's providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 555 South Cole Road, Boise, ID 83709, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree.This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 16: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid, the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. Section 17: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 18: Notifications Whenever this Franchise calls for notice to or notification by any party,the same(unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Shoshone PO Box 208 Shoshone, Idaho 83352 To IGC: Region Director Intermountain Gas Company 555 S Cole Road Boise, Idaho 83709 This Ordinance shall take effect and be in force on June 1", 2025, following its passage, approval, and publication as required by law,and the execution of the"Acceptance and Consent"by Grantee. DATED this I�day of 16tvc4-\, 2025 Cl/ierson, IONE Dyor ATTEST: J n fifer R ple, City clerk ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY, as the franchisee and `Grantee' in the ordinance set forth above,accepts the franchise set forth therein at the time of Grantee's execution,and agrees to abide by the terms and conditions thereof. Specifically (and pursuant to I.C. § 50-329A), IGC consents to the three percent (3%1) franchise fee assessed by the City pursuant to this ordinance. DATED this 19th day of March , 20 25 By: Eric Martuscelli Its: VP, Field Operations & Customer Experience Ucon Franchise Agreement ORDINANCE NO. 196 AN ORDINANCE OF THE CITY OF UCON, IDAHO, GRANTING TO INTERMOUNTAIN GAS COMPANY A THIRTY YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RULES GOVERNING THE SAME, SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF INSPECTION BY THE CITY OF GRANTEE'S PLANS,ACCOUNTS,AND BOOKS; REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE QUARTLY PAYMENT TO THE CITY,AND THE FILING OF QUARTERLY REPORTS WITH THE CITY, REQUIRING GRANTEE TO INDEMNIFY CITY,AND FILE EVIDENCE OF INSURANCE;REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO SALE,ASSIGNMENT OR LEASE; PROVIDING FOR PAYMENT OF PUBLICATION COST; SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF UCON, IDAHO; Section 1: Grant of Authority. There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns (hereinafter collectively referred to as "Grantee") a thirty (30)year extension to the right and authority to construct, install, maintain and operate a gas transmission and distribution system, including mains, pipes,conduits,services and other necessary structures and appliances appertaining in,tinder,upon,over, across and along the streets, alleys, bridges and public places within the present and future corporate limits of the City of Ucon, Idaho (hereinafter referred to as "City") for the furnishing, transmission, distribution and sale of gas, whether artificial, natural, mixed or otherwise, for heating, domestic, industrial and other purposes and for transmitting gas into, through and beyond said City. The City represents that it has the sole power and authority to make this grant of authority and agrees to notify Grantee in writing if the City should cease to have this power. Section 2: Use of Streets and Rules Governing the Same. Grantee shall secure a permit for any opening it shall make in the streets, alleys and public places in the City and shall be subject to all applicable ordinances, but no fee shall be required of Grantee for any such permit. Grantee may,however,open or disturb the streets,alleys, and public places without a permit if an emergency exists requiring the immediate repair of facilities. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of the City may designate for such purpose, but not so as unreasonably to interfere with the proper operating of Grantee's facilities and service.Whenever the City shall pave or repave any street or shall change the grade or line of any street or public place or shall construct or reconstruct any conduit, water main, sewer or water connection or other city public works or city utility, it shall be the duty of the Grantee when so ordered by the City to change its mains, services and other property in the streets or public places at its own expense so as to conform to the established grade or line of such street or public place and so as not to interfere with the conduits,sewers and other mains of the City as constructed or reconstructed; however,the Grantee shall not be required to relocate pipes, mains and appurtenances when the street, alley or public ground in which they are located is vacated for the convenience of abutting property owners and not as an incident to the public improvement, unless the reasonable cost of such relocation and the loss and expenses resulting therefrom is first paid to Grantee. The City will avoid the need for such moving or changing whenever possible. In the event Federal, State or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually obtained. Whenever the City grants a permit for an excavation in a street, alley or other public ground and the work contemplated by the permit may expose gas pipes, mains and appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48 hours prior to such work. The Grantee will not be required to move structures whenever any person or entity not working directly for the Municipality without being frilly reimbursed for all reasonable costs and expenses incurred. Section 3: Grantee Subject to All Powers of City Rules Governing Repair and Reconstruction of Streets. The exercise of privileges herein granted shall be subject at all times to all of the powers of the City and all regulatory ordinances adopted pursuant thereto. The Grantee shall not unnecessarily or unreasonably obstruct the use of or damage any street or alley and shall within a reasonable time and as early as practicable upon completion of any construction or repair work, restore all City streets and alleys to the same order and condition as they were before the excavation was made insofar as reasonably possible. The Grantee shall maintain, repair and keep in good condition for a period of three years all portions of streets and alleys disturbed by it or its agents. The Grantee shall be responsible for any obstruction in any street, alley or other public place caused by it in the operation and maintenance of its properties occurring at any time and shall promptly remove such obstruction. Any such obstruction which, after proper notice to Grantee demanding removal is not promptly removed by the Grantee may be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of this Section, Grantee's above-ground facilities or temporary construction materials and equipment shall not be considered an"obstruction". Section 4: Term of Franchise and Grant. Such right and authority, permission and power is hereby granted for a term of thirty(30)years from and after the date of the final acceptance of this Ordinance by the Company,herein referred to as the primary term. This franchise may be renewed for successive periods of ten (10) years unless cancelled at the end of a term by either party by written notice to the other party no less than 180 calendar days prior to the end of the primary term or the then current successive term. At the conclusion of the initial thirty (30) year term and at the end of each successive ten (10) year renewal period thereafter, the City and the Grantee may enter into good faith negotiations regarding the terms of this franchise, including but not limited to the franchise fee and other material provisions, to ensure that such terms remain consistent with prevailing market conditions and industry standards for similarly situated municipalities in the State of Idaho. Either party may initiate such negotiations by providing written notice to the other no later than one hundred eighty (180) calendar days prior to the expiration of the then-current term. If the parties are unable to agree on revised terms by the expiration of the current term, the franchise shall continue in effect under its existing terms on a month-to-month basis for up to twelve(12)months while negotiations continue in good faith. If no agreement is reached within that twelve-month period, either party may terminate the franchise upon sixty (60) calendar days' written notice. In the event negotiations are not initiated by either party, this franchise shall be automatically extended for an additional ten (10) year term. Section S: City Right to Inspection of Grantee's Plans,Accounts and Books—Grantee to Furnish Certain Maps. Upon reasonable advance notice, the City shall have access to Grantee's records to the extent necessary to verify the accuracy of the Franchise fee payments required herein during the normal business hours of Grantee. The Grantee shall fiirnish, upon request, the City with a complete set of maps, including plans and profile of the distribution system of the Grantee and any future extensions.The City shall make every reasonable effort to maintain the confidentiality of any trade secrets or other proprietary information(such as proprietary maps and other mapping information)provided pursuant to this Section, including execution of a data sharing agreement with Grantee, subject to the limitations and rights under Idaho's Public Records Law, I.C. § 74-107.Any map supplied shall not be used for locating gas facilities with the intent of excavating.Prior to excavating,the City shall request line locates per the requirements of Idaho Statute Chapter 22 Underground Facilities Damage Prevention. Section 6: Payment To City And Filing Of Quarterly Written Report With The City As consideration for this franchise and grant said Grantee,its successors and assigns,during the franchise period, shall pay to the City three percent (3%) of the gross receipts received from all sales of gas by Grantee within the corporate limits of the City through use, operation or possession of this franchise and grant. Such payments shall be made on a quarterly basis and shall be in lieu of any and all other fees, charges, licenses or taxes (other than ad valorem taxes) related to easements, franchises, rights-of way, utility lines and equipment installation, maintenance and removal during the term of the public service providers' franchise with the City which the City may impose for the rights and privileges herein granted or for the privilege of doing business within the City. The Grantee shall file 30 days after the end of each calendar quarter with the City a report for the preceding calendar quarter, which report shall contain a statement of all the gross receipts arising from all sales of gas by said Grantee within the City for the calendar quarter preceding such report,and at the same time the Grantee shall pay to the City the stipulated percentage of the gross quarterly receipts due for the calendar quarter which said report is made and filed. Section 7: Grantee Liability - Indemnification It is expressly understood and agreed by and between the Grantee and the City that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit,judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Grantee in the construction, operation or maintenance of its gas system in the City. The City shall notify the grantee's representative in the City within ten(10)days after the presentation of any claim or demand,either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Grantee. Nothing herein shall require Grantee to save and hold the City harmless to the extent any loss sustained by the City is caused by the acts, omissions, or negligence of the City its agents, representatives, contractors, officers, directors, employees, or other parties subject to its direction or control. Section S: Insurance Upon acceptance of this franchise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the Grantee against property damage in an amount not less than $1,000,000 and bodily injury with limits of not less than $2,000,000 per person and $5,000,000.00 total for each occurrence. Provided, however, the minimum limits of insurance as set forth herein shall be automatically increased at any time the liability limits of the City are increased pursuant to the Idaho Tort Claims Act(Idaho Code Section 6-901 et. seq.) or any similar legislation. Section 9: Safety Regulation Compliance Grantee shall comply with and conform to all safety regulations promulgated by the United States, State of Idaho, or any regulatory body having jurisdiction thereof. Section 10: Agreement Not to Compete—Reserve to City Power of Eminent Domain In consideration of Grantee's undertaking hereunder as evidenced by its acceptance hereof the City agrees not to engage in the business of distributing and selling gas during the life of this franchise or any extension thereof in competition with the Grantee, its successor and assigns;but nothing herein contained shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. Section 11: Surrender of Franchise In the event natural gas at any time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee reserves the right to surrender this franchise and in the event of such surrender prior to any expiration or termination of this franchise, or in any of such events, Grantee reserves the right to salvage all of its plant, works and facilities, and will restore City's streets and alleys damaged by such salvage operation. Section 12: Written Acceptance The Grantee shall within thirty (30) days after the passage and publication of this ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. Section 13: Publication Costs The Grantee shall assume the cost of publication of this franchise as such publication is required by law. Section 14: Forfeiture Any material violation by the Grantee,its vendee, lessee or successors of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder should Grantee fail to cure such violation within sixty (60) calendar days of City's providing Grantee written notice, which shall be served upon Grantee by registered mail on its Region Director at 1527 Hollipark Drive, Idaho Falls, Idaho 83405, or if not reasonably capable of being cured within sixty (60) calendar days, within such other reasonable period of time as the parties may agree. This provision shall not prevent the Grantee from submitting such question of forfeiture to proper court determination. Section 15: Separability If any part or parts of this ordinance shall be adjudged by the courts to be unconstitutional or invalid,the same shall not affect the validity of any other part or parts hereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The City declares that it would have passed the remaining parts of this ordinance if it had been known that such other part or parts thereof would be declared unconstitutional or invalid. Section 16: Repeal All ordinances and parts or ordinances of City in conflict herewith shall be, and the same are hereby repealed. Section 17: Notifications Whenever this Franchise calls for notice to or notification by any party, the same (unless otherwise specially provided) shall be in writing and directed to the recipient at the address set forth in this Section, unless written notice of change of address is provided to the other party. If the date for making any payment or performing any act is a legal holiday, payment may be made, or the act performed on the next succeeding business day which is not a legal holiday. Notices shall be directed to the parties as follows: To the City: City Clerk City of Ucon PO Box 98 Ucon,ID 83454 To IGC: Region Director Intermountain Gas Company 1527 Hollipark Drive Idaho Falls, Idaho 83405 This Ordinance shall take effect and be in force on (7/l/2025), following its passage, approval, and publication as required by law, and the execution of the "Acceptance and Consent" by Grantee. DATED this 14"' day of_ May , 2025. CITY OF UCON Craig Sturman, Mayor ATTEST: -9a1)t� Ronda Deason, City Clerk ACCEPTANCE AND CONSENT INTERMOUNTAIN GAS COMPANY, as the franchisee and `Grantee'in the ordinance set forth above, accepts the franchise set forth therein at the time of Grantee's execution, and agrees to abide by the terms and conditions thereof. Specifically (and pursuant to I.C. § 50-329A), IGC consents to the three percent (3%) franchise fee assessed by the City pursuant to this ordinance. DATED this 21 st day of May , 20 25 8y: Eric Martuscelli lts: VP,Field Operations&Customer Experience PROOF OF PUBLICATION PR State of Idaho Post Register County of Bonneville I,Collins Crapo first being duly sworn,depose and say: That I am the Processing Clerk employed by Adams Publishing Group of the Rockies LLC,publishers of The Post Register,a newspaper of general circulation,published 4 days,Tuesday,Wednesday,Friday and Saturday,at Idaho Falls,Idaho. That the notice,of which a copy is hereto attached and made a part of this affidavit,was pub- lished in said Post Register and on IdahoPublicNotices.com for 2 day(s),first publication having been NOTICE OF PUBLIC made on 04/29/2025 last publication having been made on 05/13/2025,and that the said notice was pub- HEARING fished in the regular and entire issue of said paper on the respective dates of publication,and that such NOTICE IS HEREBY GIV- notice was published in the newspaper and not in a supplement. EN,that the Ucon City Coun- cil, Bonneville County, Idaho, will hold a public hearing at 7:30 P.M.on Wednesday,May 14, 2025 at the Ucon City Hall, 3787 East 112 North, Ucon, Idaho.The purpose of the hearing is to accept com- ments on proposed Ordinance 196 An ordinance granting to Intermountain Gas Com- pany a thirty-year extension attached jurat to its franchise to construct, maintain, and operate a gas transmission and distribution system. STATE OF IDAHO The proposed ordinance is on file with the City of Ucon ss. where it may be inspected COUNTY OF BONNEVILLE during regular business hours. All interested persons are invited to appear and show On this 13th day of May,2025 before me,the undersigned,a Notary public for said state,personally cause, if any, why franchise appeared Collins Cra o Processing Clerk employed b Adams Publisher Group of the Rockies LLC, should or should not be grant- PP P � gY g P ed.Written comments must be publishers of The Post Register,a newspaper of general circulation,known or identified to me to be the received by 3 P.M.on Tuesday, May 13, 2025.The City Hall person(s)whose name(s)is/are subscribed to the within instrument,and being by me first duly sworn, is accessible to citizens with declared that the statements therein are true,and acknowledged to me that he/she/they executed the disabilities. If special access same, needs are required to attend said hearing, call (208) 523- 3971, forty-eight(48) hours in IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in advance of the hearing. Ronda Deason this certificate first above written. City Clerk Published:April 29, &May 13,2025(PR10899-629528) Notary Public for APG of the Rockies tRO ����' Residing: Idaho Falls,Idaho ` �(, ._ SNA C . ,, Commission expires:7/28/2028 0 TA, , C . a ".0 &E? 6. AD#629528