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
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AD#629528