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HomeMy WebLinkAbout20251001Tariff Advice No. INT-TAG-25-04.pdf RECEIVED INTERMOUNTAIN` OCTOBER 1,IDAHO PUBLIC GAS COMPANY UTILITIES COMMISSION A Subsidiary of MDU Resources Group,Inc. In the Community to Serve® October 1, 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-25-04 Dear Ms. Barrios-Sanchez: Enclosed for filing with this Commission is a copy of Intermountain Gas Company's ("Company") proposed revisions to its Rate Schedule FT. The proposed revisions to Rate Schedule FT reflect a new ordinance number for McCammon. Below is the overview of the executed agreement. City Ordinance No. Date Approved Date Approved Start Date End Date Term by City by Company McCammon 536 9-10-2025 9-15-2025 9-10-2025 9-09-2035 10 years The franchise fee amount remains unchanged at three percent. A copy of the ordinance is attached. The Company requests that the proposed revisions to Rate Schedule FT become effective November 19, 2025. If you have any questions or require additional information regarding the attached, please contact Jacob Darrington at (208) 377-6041 or Jennifer Gross at (509) 975-9473. Sincerely, /s/ Lori. A. Blattner Lori A. Blattner Director— Regulatory Affairs Intermountain Gas Company Enclosures I.P.U.C. Gas Tariff Rate Schedules Twelfth 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 536 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 1263 Wilder 365 Kimberly 409 Issued by: Intermountain Gas Company By: Lori A. Blattner Title: Director—Regulatory Affairs I.P.U.C. Gas Tariff IDAHO PUBLIC UTILITIES COMMISSION Rate Schedules Approved Effective Eleven*"^^*"Twelfth Revision Sheet No. 15 ( Page 1 of 1) September 76 ? October 77 2025 Name of Utility Intermountain Gas Company Commission Secretary 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 2-55536 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 1263 Wilder 365 Kimberly 409 Issued by: Intermountain Gas Company By: Lori A. Blattner Title: Director—Regulatory Affairs ,4 Y •f'pC 00 ORDINANCE NO. 536 AN ORDINANCE OF THE CITY OF McCAMMON, IDAHO,GRANTING A NON- EXCLUSIVE FRANCHISE EXTENSION TO INTERMOUNTAIN GAS COMPANY TO CONSTRUCT, MAINTAIN,AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM WITHIN THE CITY RIGHTS-OF-WAY; PROVIDING FOR A TEN (10)YEAR EXTENSION OF THE EXISTING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Intermountain Gas Company("Company") currently operates a natural gas transmission and distribution system within the City of McCammon pursuant to a franchise agreement adopted by ordinance of the City; and WHEREAS,the Company has requested a ten(10)year extension of its franchise to continue to construct,maintain, and operate its natural gas system within the corporate limits of the City and within the rights-of-way and easements owned or controlled by the City; and WHEREAS,the City Council of McCammon finds it is in the public interest to grant said extension under the terms and conditions set forth herein. NOW, THEREFORE, be it ordained and enacted by the Mayor and City Council of the city of McCammon,Idaho,that the McCammon City Code be amended as follows: SECTION 1. Grant of Franchise The City of McCammon, Idaho, does hereby grant to Intermountain Gas Company, a corporation organized and existing under the laws of the State of Idaho, its successors and assigns, a non- exclusive franchise to construct, maintain, and operate a natural gas transmission and distribution system, with all necessary pipelines,mains, services,valves,meters, and other appurtenances, in, under, and across the present and future streets, alleys, avenues,highways,bridges, and other public places within the City of McCammon, subject to all provisions of the franchise agreement referenced herein. SECTION 2. Term This franchise extension shall be for a period of ten(10)years from the effective date of this ordinance,unless earlier terminated according to law or by mutual agreement of the parties. SECTION 3. Incorporation of Agreement The terms, conditions,rights, and obligations of the parties shall be governed by the attached Franchise Agreement(Attachment A.)between the City of McCammon and Intermountain Gas Company, which is incorporated herein by reference as though fully set forth. All provisions of said agreement remain in full force and effect, except as specifically modified by this ordinance. SECTION 4. Non-Exclusivity The franchise granted herein is non-exclusive, and the City reserves the right to grant other franchises or rights to use the public rights-of-way as permitted by law. SECTION 5. Severability If any section, clause, or provision of this ordinance shall be held invalid or unconstitutional, such invalidity shall not affect the validity of any other section, clause,or provision, which shall remain in full force and effect. SECTION 6. Effective Date This Ordinance shall take effect and be in force on September 10, 2025, following its passage, approval, and publication as required by law, and the execution of the"Acceptance and Consent" by Grantee. PASSEWY APPROVED by the City Council of the City of McCammon, Idaho, this day of , 2025. CITY OF McCAMMON,IDAHO Attest: Karleen Hall, Mayor Kassadi Dunn City Clerk CITY COUNCIL VOTE: Steve Campbell Yes No Absent Dale Kinloch O Yes No Absent Stephanie Iverson Yes No Absent Aaron Hunsaker Yes No Absent Attachment A. Franchise Agreement 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 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 McCammon,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. 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 ten 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 parry 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 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 12584 W Tyhee Road, Pocatello, Idaho 83202, 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 McCammon 802 Front Street McCammon, Idaho 83250 To IGC: Region Director Intermountain Gas Company 12584 W Tyhee Road Pocatello, Idaho 83202 DATED this d! day of September,2025 CITY OF M CAMMON Karlene Hall,Mayor ATTEST: &Yva Kassadi Dunn, 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(39/o)franchise fee assessed by the City pursuant to this ordinance. DATED this 15th day of September ,2025 By: Eric Martuscelli Its:VP,Field Operations&Customer Experience Bingham News PROFORMA INVOICE IDAHO STATE - •+ . APG West Payment Cronlc. -e JOURNAL ..iomvpAbn.4"N 4+.far14Y.1mdN.W Processing PO Box 1570 Pocatello, ID 83204 Ph.(208)239-3163 BILLING .• • NO: 09/17/25 596 City of McCammon PO Box 9 McCammon, ID 83250 AD# DESCRIPTION START STOP TIMES AMOUNT 673956 ORDINANCE NO.536 AN 09/17/25 09/17/25 2 $169.72 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross:$169.72 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$169.72 We Appreciate Your Business! 673956 AD#673956AD# ORDINANCE NO.536 AN ORDINANCE OF THE CITY OF McCAMMON, IDAHO, GRANTING A NON- EX- CLUSIVE FRANCHISE EXTENSION TO INTERMOUNTAIN GAS COMPANY TO CONSTRUCT, MAINTAIN, AND OPERATE A GAS TRANSMISSION AND DIS- TRIBUTION SYSTEM WITHIN THE CITY RIGHTS-OF-WAY; PROVIDING FOR A TEN (10) YEAR EXTENSION OF THE EXISTING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Intermountain Gas Company ("Company") currently operates a natural gas transmission and distribution system within the City of McCammon pursuant to a franchise agreement adopted by ordinance of the City;and WHEREAS,the Company has requested a ten(10)year extension of its franchise to continue to construct,maintain,and operate its natural gas system within the corporate limits of the City and within the rights-of-way and easements owned or controlled by the City;and WHEREAS, the City Council of McCammon finds it is in the public interest to grant said extension under the terms and conditions set forth herein. NOW,THEREFORE, be it ordained and enacted by the Mayor and City Council of the city of McCammon,Idaho,that the McCammon City Code be amended as follows: SECTION 1.Grant of Franchise The City of McCammon,Idaho,does her by grant to Intermountain Gas Company,a corporation organized and existing under the laws of the State of Idaho, its successors and assigns,a non- exclusive franchise to construct,maintain,and o erate a natural gas transmission and distribution system,with all necessary pip lines, mains,services,valves,meters,and other appurtenances, in,under,and across the present and future streets,alleys,avenues,highways,bridges,and other public places within the City of McCammon,subject to all provisions of the franchise agreement referenced herein. SECTION 2.Term This franchise extension shall be for a period of ten (10)years from the effective date of this ordinance,unless earlier terminated according to law or by mutual agreement of the parties. SECTION 3.Incorporation of Agreement The terms,conditions, rights,and obligations of the parties shall be governed by the attached Franchise Agreement(Attachment A.) between the City of McCammon and Intermountain Gas Company, which is incorporated herein by reference as though fully set forth.All provisions of said agreement remain in full force and effect,except as specifically modified by this ordinance. SECTION 4.Non-Exclusivity The franchise granted herein is non-exclusive, and the City reserves the right to grant other franchises or rights to use the public rights-of-way as permitted by law. SECTION 5.Severability If any section, clause, or provision of this ordinance shall be held invalid or unconstitutional, such invalidity shall not affect the validity of any other section,clause,or provision,which shall remain in full force and effect. SECTION 6.Effective Date This Ordinance shall take effect and be in force on September 10,2025,following its passage, approval,and publication as required by law,and the execution of the'Acceptance and Consent" by Grantee. PASSED AND APPROVED by the City Council of the City of McCammon,Idaho,thislOth Day of September of 2025. City of McCammon,Idaho /s/ Karleen Hall,Mayor /s/ Kassadi Hunn City Clerk CITY COUNCIL VOTE: Steve Campbell_Yes_No_X_Absent Dale Kinloch_X_Yes_No_Absent Stephanie Iverson_X_Yes No Absent Aaron Huntsaker_X_,Yes No—Absent Attachment A is available for review at McCammon City Offices 100 Center Street McCammon Idaho or by calling 208-254-3200." Published:September 17th,2025(ISJ596-673956) • PROOF OF PUBLICATION l l Idaho State Journal � 1 , State of Idaho Counties of Bannock and Caribou 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 Idaho State Journal,a newspaper of general circulation,published 4 days,Tues-Wed-Friday and Saturday,at Pocatello,Idaho. That the notice,of which a copy is hereto attached and made a part of this affidavit,was pub- lished in said Idaho State Journal and on IdahoPublicNotices.com for 1 day(s),first publication having been made on 09/17/2025 last publication having been made on 09/17/2025,and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication,and that such notice was published in the newspaper and not in a supplement. attached jurat STATE OF IDAHO SS. COUNTIES OF BANNOCK AND CARIBOU On this 17th day of September,2025 before me,the undersigned,a Notary public for said state,person- ally appeared Collins Crapo,Processing Clerk employed by Adams Publishing Group of the Rockies LLC,publishers of Idaho State Journal,a newspaper of general circulation,known or identified to me to be the person whose name is subscribed to the within instrument,and being by me first duly sworn,de- clared that the statements therein are true,and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ```tttttt1111111f11//��, GROSS'''%� Notary Public for APG of the Rockies �� •• �� '• Residing: Idaho Falls,Idaho °J Commission expires:7/28/2028 .cAUBO , d'';•"m No•6ai - p OF 673956 AD#673956AD# ORDINANCE NO.536 AN ORDINANCE OF THE CITY OF McCAMMON, IDAHO, GRANTING A NON- EX- CLUSIVE FRANCHISE EXTENSION TO INTERMOUNTAIN GAS COMPANY TO CONSTRUCT, MAINTAIN, AND OPERATE A GAS TRANSMISSION AND DIS- TRIBUTION SYSTEM WITHIN THE CITY RIGHTS-OF-WAY; PROVIDING FOR A TEN (10) YEAR EXTENSION OF THE EXISTING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Intermountain Gas Company ("Company") currently operates a natural gas transmission and distribution system within the City of McCammon pursuant to a franchise agreement adopted by ordinance of the City;and WHEREAS,the Company has requested a ten(10)year extension of its franchise to continue to construct,maintain,and operate its natural gas system within the corporate limits of the City and within the rights-of-way and easements owned or controlled by the City;and WHEREAS, the City Council of McCammon finds it is in the public interest to grant said extension under the terms and conditions set forth herein. NOW,THEREFORE, be it ordained and enacted by the Mayor and City Council of the city of McCammon,Idaho,that the McCammon City Code be amended as follows: SECTION 1.Grant of Franchise The City of McCammon,Idaho,does her by grant to Intermountain Gas Company,a corporation organized and existing under the laws of the State of Idaho,its successors and assigns,a non- exclusive franchise to construct,maintain,and o erate a natural gas transmission and distribution system,with all necessary pip lines,mains,services,valves,meters,and other appurtenances, in,under,and across the present and future streets,alleys,avenues,highways,bridges,and other public places within the City of McCammon,subject to all provisions of the franchise agreement referenced herein. SECTION 2.Term This franchise extension shall be for a period of ten (10) years from the effective date of this ordinance,unless earlier terminated according to law or by mutual agreement of the parties. SECTION 3.Incorporation of Agreement The terms,conditions, rights,and obligations of the parties shall be governed by the attached Franchise Agreement(Attachment A.) between the City of McCammon and Intermountain Gas Company, which is incorporated herein by reference as though fully set forth.All provisions of said agreement remain in full force and effect,except as specifically modified by this ordinance. SECTION 4.Non-Exclusivity The franchise granted herein is non-exclusive, and the City reserves the right to grant other franchises or rights to use the public rights-of-way as permitted by law. SECTION 5.Severability If any section, clause, or provision of this ordinance shall be held invalid or unconstitutional, such invalidity shall not affect the validity of any other section,clause,or provision,which shall remain in full force and effect. SECTION 6.Effective Date This Ordinance shall take effect and be in force on September 10,2025,following its passage, approval,and publication as required by law,and the execution of the'Acceptance and Consent" by Grantee. PASSED AND APPROVED by the City Council of the City of McCammon,Idaho,thislOth Day of September of 2025. City of McCammon,Idaho lsl Karleen Hall,Mayor /s/ Kassadi Hunn City Clerk CITY COUNCIL VOTE: Steve Campbell_Yes_No_X_Absent Dale Kinloch_X_Yes_No_Absent Stephanie Iverson_X_Yes No_Absent Aaron Huntsaker_X_Yes_No_Absent Attachment A is available for review at McCammon City Offices 100 Center Street McCammon Idaho or by calling 208-254-3200." Published:September 17th,2025(ISJ596-673956)