HomeMy WebLinkAbout20260430Final Approved Tariffs.pdf I.P.U.C. Gas Tariff
Rate Schedules IDAHO PUBLIC UTILITIES COMMISSION
Fourteenth Revision Sheet No. 15 ( Page 1 of 1) Approved Effective
April 30, 2026 May 1,2026
Name Intermountain Gas CompanyCommission Secretary
of Utility
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 2025-007
Ammon 463 Lewisville 2025-2
Arimo 4 Malta 28
Bancroft 312 McCammon 536
Basalt 125 Menan 396
Bellevue 2025-05 Meridian 462
Blackfoot 2140 Middleton 532
Boise 7-26 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 02025-05 Paul 2026-1
Filer 649 Payette 961
Firth 131 Pocatello 2802
Fruitland 358 Rexburg 954
Garden City 849-06 Rigby 2015-576
Georgetown 116 Ririe 136
Glenns Ferry 25-615 Rupert 06-507
Gooding 733 St. Anthony 01-04
Grace 2016-1 Shelley 668
Greenleaf 84 Shoshone 574
Hailey 1355 Soda Springs 721
Hansen 232 Star 66
Heyburn 581 Sugar City 3692021
Homedale 345 Sun Valley 514
Idaho Falls 3052 Twin Falls 0-2025-019
Inkom 25-278 Ucon 196
Iona 319-04-25 Weiser 957
Jerome 1245 Wendell 493
Ketchum 1263 Wilder 365
Kimberly 688
Issued by: Intermountain Gas Company
By: Michael Parvinen Title: Director—Regulatory Affairs
ORDINANCE NO. 312
AN ORDINANCE OF THE CITY OF BANCROFT,IDAHO, GRANTING TO
INTERMOUNTAIN GAS COMPANY A 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 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 BANCROFT,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 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 Bancroft,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 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 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
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 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 to 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 parry. 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 Bancroft
PO Box 39
Bancroft, Idaho 83217
To IGC: Region Director
Intermountain Gas Company
12584 W Tyhee Road
Pocatello, Idaho 83202
This Ordinance shall take effect and be in force on February 9, 2026, following its passage,
approval,and publication as required by law.and the execution of the"Acceptance and Consent"
by Grantee.
DATED this Y day of ni. u ,2026
CITY OF BANCROFT
jpseph D.Perry,Mayor
ATTEST:
Debbie Swenson,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 9th day of March ,2026
By: Eric Martuscelli
Its:VP, Field Operations& Customer Experience
�r JUlll"nAiS
help@column.us Invoice number 15B799A4-0019
Date of issue Mar 3,2026
Date due Apr 3,2026
Notice Id SgQdm5WrMCHgieWvIerp
Publisher Idaho Enterprise Caribou
Bill to
City of Bancroft
$388.76 due April 3, 2026
_==Notes ===
Notice Name:#1206
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AFFIDAVIT OF PUBLICATION
Idaho Enterprise Caribou
State of Florida, County of Broward, ss:
I, Edmar Corachia, of lawful age, being duly sworn
upon oath depose and say that I am an agent of
Column Software, PBC, duly appointed and
authorized agent of the Publisher of Idaho Enterprise
Caribou, a newspaper of general circulation printed
and published Weekly in Oneida County, State of
Idaho; that #1206, Public and Legal Notice was
published in said newspaper on the following dates
Mar 5, 2026.
That said newspaper was regularly issued and
circulated on the above date(s) and that said Legal
Notice was published on
www.idahopublicnotices.com on the same day.
Agent
VERIFICATION
State of Florida
County of Broward
Signed or attested before me on this: 03/16/2026
ks --1&X - --
Notary Public
Notarized remotely online using communication technology via Proof.
SHERI SMITH
Notary Public-State of Florida
%- Commission It HH269963
3 a
Expires on May at,2026
#1206 Page 1 of 5
ORDINANCE NO.312 should cease to have this
AN ORDINANCE OF THE CITY OF BAN- power.
CROFT.IDAHO,GRANTING TO Section 2:Use of Streets and Rules Gov-
INTERMOUNTAIN GAS COMPANY A 10 erning the Same.
YEAR EXTENSION TO ITS FRANCHISE TO Grantee shall secure a permit for any
CONSTRUCT, MAINTAIN AND OPERATE opening it shall make in the streets,alleys
A GAS TRANSMISSION AND DISTRIBU- and public places in the City and shall be
TION SYSTEM;PROVIDING FOR THE USE subject to all applicable ordinances, but
OF STREETS AND ALLEYS,AND RULES no fee shall be required of Grantee for any
GOVERNING THE SAME,SUBJECTING such permit.Grantee may,however,open
THE GRANTEE TO ALL POWERS OF THE or disturb the streets.alleys.and public
CITY;SETTING FORTH THE RULES OF places without a permit if an emergency
THE FRANCHISE AND GRANT; PROVIDING exists requiring the immediate repair of
FOR THE RIGHT OF INSPECTION BY THE facilities.The location or relocation of all
CITY OF GRANTEE'S PLANS,ACCOUNTS, facilities shall be made Linder the supervi-
AND BOOKS: REQUIRING GRANTEE Sion and with the approval of such repre-
TO FURNISH CERTAIN MAPS;SETTING sentatives as the governing body of the
FORTH THE QUARTERLY PAYMENT TO City may designate for such purpose,but
THE CITY.AND THE FILING OF ANNUAL not so as unreasonably to interfere with the
REPORTS WITH THE CITY;REQUIRING proper operating of Grantee's facilities and
GRANTEE TO INDEMNIFY CITY,AND FILE service.Whenever the City shall pave or
EVIDENCE OF INSURANCE: REQUIRING repave any street or shall change the grade
COMPLIANCE WITH SAFETY REGULA- or line of any street or public place or shall
nONS;SETTING FORTH AN AGREEMENT construct or reconstruct any conduit.water
NOT TO COMPETE,RESERVING POWER main.sewer or water connection or other
OF EMINENT DOMAIN:PROVIDING FOR city public works or city utility,it shall be the
SURRENDER OF FRANCHISE;GRANT- duty of the Grantee when so ordered by the
ING RIGHT TO SALVAGE:REQUIRING City to change s mains,services and other
WRITTEN ACCEPTANCE:PROVIDING FOR properly in the streets or public places at
CONSENT TO SALE,ASSIGNMENT OR its own expense so as to conform to the
LEASE;PROVIDING FOR PAYMENT OF established grade or line of such street or
PUBLICATION COST:SETTING FORTH public place and so as not to interfere with
PENALTIES AND FORFEITURES,SEPARA- the conduits.sewers and other mains of
BILITY AND REPEAL. BE IT ORDAINED BY the City as constructed or reconstructed;
THE MAYOR AND COUNCIL OF BAN- however,the Grantee shall not be required
CROFT,IDAHO; to relocate pipes.mains and appurtenances
Section 1:Grant of Authority. when the street,alley or public ground in
There is hereby granted to Intermountain which they are located is vacated for the
Gas Company.a corporation,its succes- convenience of abutting property own-
sors and assigns(hereinafter collectively ers and not as an incident to the public
referred to as"Grantee")a 10 year exten- improvement, unless the reasonable cost of
sion to the right and authority to construct, such relocation and the loss and expenses
install,maintain and operate a gas trans- resulting therefrom first paid to Grant-
mission and distribution system, including ee.The City will avoid the need for such
mains,pipes,conduits, services and other moving or changing whenever possible. In
necessary structures and appliances ap- the event Federal,State or other funds are
pertaining in, under.upon,over, across and available whole or in part for utility relocat-
along the streets,alleys,bridges and public ing purposes, the City shall apply for such
places within the present and future cor- funds and the Grantee will be reimbursed
porate limits of the City of Bancroft. Idaho to the extent any such funds are actually
(hereinafter referred to as"City")for the fur- obtained.
nishing,transmission,distribution and sale Section 3:Grantee Subject to All Powers of
of gas,whether artificial,natural,mixed or City Rules Governing Repair and Recon-
otherwise,for heating.domestic, industrial struction of
and other purposes and for transmitting gas Streets.
into,through and beyond said City.The City The exercise of privileges herein grant-
represents that it has the sole power and ed shall be subject at all times to all of
authority to make this grant of authority and the powers of the City and all regulatory
agrees to notify Grantee in writing if City ordinances adopted pursuant thereto.The
Grantee shall not unnecessarily
#1206 Page 2 of 5
or unreasonably obstruct the use of or intent of excavating. Prior to excavating,
damage any street or alley and shall within the City shall request line locates per the
a reasonable time and as early as practi- requirements of Idaho Statutes Title 55
cable upon completion of any construction Chapter 22 Underground Facilities Damage
or repair work.restore all City streets and Prevention.
alleys to the same order and condition Section 6: Payment To City And Filing Of
as they were before the excavation was Annual Written Report With The City
made insofar as reasonably possible.The As consideration for this franchise and
Grantee shall maintain, repair and keep in grant said Grantee, its successors and
good condition for a period of one year all assigns, during the franchise period.shall
portions of streets and alleys disturbed by it pay to the City three percent(3%)of the
or its agents.The Grantee shall be respon- gross receipts received from ail sales of gas
sible for any obstruction in any street,alley by Grantee within the corporate limits of the
or other I_wblic place caused by it in the City through use.,operation or possession
operation and maintenance of its properties of this franchise and grant.
occurring at any time and shall prompt- Such payments shall be made on a quar-
ly remove such obstruction.Any such terly basis and shall be in lieu of any and all
obstruction which.after proper notice to other fees.charges,licenses or taxes(other
Grantee demanding removal is not promptly than ad valorem taxes)related to ease-
removed by the Grantee may be taken care ments. franchises,rights-of way,utility lines
of by the City and the costs thereof shall and equipment installation. maintenance
be charged against Grantee_ For purposes and removal during the term of the public
of this Section.Grantee's above-ground service providers' franchise with the City
facilities or temporary construction materi- which the City niay impose for the rights
als and equipment shall not be considered and privileges herein granted or for the priv-
an"obstruction". ilege of doing business within the City.
Section 4:Term of Franchise and Grant. The Grantee shah file 30 days after the end
Such right and authority,permission and of each calendar quarter with the City a
power is hereby granted for a term of 10 report for the preceding calendar quarter,
years from and after the date of the final which report shall contain a statement of
acceptance of this Ordinance by the Com- all the gross receipts arising from all sales
pany,herein referred to as the primary temp. of gas by said Grantee within the City for
This franchise will automatically renew for the calendar quarter preceding such report.
successive periods of ten(10)years. unless and at the same time the Grantee shall pay
cancelled at the end of a term by either to the City the stipulated percentage of the
party by written notice to the other party gross quarterly receipts due for the calen-
no less.than 180 calendar days prior to the dar quarter which said report is made and
end of the primary term or the then current filed.
successive tern. Section 7:Grantee Liability-Indennifica-
Section 5:City Right to Inspection of Grant- tion
ee's Plans.Accounts and Books-Grantee It is expressly iniderstood and agreed by
to Furnish Certain Maps, and between the Grantee and the City
Grantee's records to the extent that the Grantee shall save the City hart-
Upon reasonable advance notice,the City less from all loss sustained by the City on
shall have access necessary to verify the account of any suit,judgment,execution.
accuracy of the Franchise fee payments claim or demand whatsoever.resulting from
required herein during the normal business negligence on the part of the Grantee in the
hours of Grantee. The Grantee shall furnish, construction,operation or maintenance of
upon request,the City with a complete its gas system in the City.The City shall no-
set of maps,including plans and profile of tify the grantees representative in the City
the distribution system of the Grantee and within ten(10)days after the presentation of
any future extensions.The City shall make any claim or demand, either by suit or oti-
every reasonable effort to maintain the erwise,made against the City on account
confidentiality of any trade secrets or other of any negligence as aforesaid on the part
proprietary information(such as propri- of the Grantee. Nothing herein shall require
etary maps and other-napping information) Grantee to save and hold the City harntiess
provided pursuant to this Section,irxaud- to the extent any loss sustained by the
ing execution of a data sharing agreement City is caused by the acts,omissions,or
with Grantee.Any map supplied shall not negligence of the City its agents, repre-
be used for locating gas facilities with the sentntives.contractors,officers_directors.
#1206 0 Page 3 of 5
employees,or other parties subject to its by law.
direction or control. Section 14:Forfeiture
Section 8:Insurance Any material violation by the Grantee,
Upon acceptance of this franchise by its vendee, lessee or successors of the
Grantee and before Grantee shall have any provisions of this ordinance,franchise and
rights hereunder.Grantee shall file with the grant or any material portions thereof or
City Clerk a certificate evidencing the insur- the failure promptly to perform any of the
ance of the Grantee against property dam- provisions thereof shall be cause for the
age in an amount not less than$500,000A0 forfeiture of this franchise and grant and
and bodily injury with limits of not less than all rights hereunder should Grantee fail to
$500,000.00 per person and$1.000,000.00 cure such violation within sixty(60)calendar
total for each occurrence.Provided,how- days of City's providing Grantee written
ever.the minimum limits of insurance as set notice,which shall be served upon Grantee
forth herein shall be automatically increased by registered mail to its Region Director
at any time the liability limits of the City are at 12584 W Tyhee Road, Pocatello,Idaho
increased pursuant to the Idaho Tort Claims 83202.or if not reasonably capable of being
Act(Idaho Code Section 6-901 et.seq.)or cured within sixty(60)calendar days,within
any similar legislation. such other reasonable period of time as
Section 9:Safety Regulation Compliance the parties may agree.This provision shall
Grantee shall comply with and conform to not prevent the Grantee from submitting
all safety regulations promulgated by the such question of forfeiture to proper court
United States.State of Idaho,or any regula- determination.
tory body having jurisdiction thereof. Section 15:Separability
Section 10:Agreement Not to Compete- If any pail or parts of this ordinance shall
Reserve to City Power of Eminent Domain be adjudged by the courts to be unconsti-
In consideration of Grantee's undertaking tutional or
hereunder as evidenced by its acceptance invalid,the some shall not affect the validity
hereof the City agrees not to engage in of any other part or parts hereof which can
the business of distributing and selling be giver effect without the part or parts
gas during the life of this franchise or any adjudged to be unconstitutional or invalid.
extension thereof in competition with the The City declares that it would have passed
Grantee,its successor and assigns;but the remaining parts of this ordinance if it
nothing herein contained shall be construed had been known that such other part
or deemed to prevent the City from exer- or parts thereof would be declared uncon-
cising at any time any power of eminent stitutional or invalid.
domain granted to it under the laws of the Section 16: Repeal
State of Idaho. All ordinances and parts or ordinances of
Section 11: Surrender of Franchise City in conflict herewith shall be, and the
In the event natural gas at any time shall same are
cease to be available to Grantee for the hereby repeated.
distribution acid Section 17:Notifications
sale hereunder.Grantee reserves the right Whenever this Franchise calls for notice
to surrender this franchise and in the event to or notification by any party, the same
of such surrender prior to any expiration or (unless otherwise
termination of this franchise,or in any of specially provided)shall be in writing and
such events, Grantee reserves the right to directed to the recipient at the address set
salvage all of its plant,works and facilities, forth in this Section, unless written notice of
and will restore City's streets and alleys change of address is provided to the other
damaged by such salvage operation. party.If the date for making any payment or
Section 12:Written Acceptance performing any act is a legal holiday,pay-
The Grantee shall within thirty(30)days ment may be made..or the act performed
after the passage and publication of this on the next succeeding business day which
ordinance,file with the City Clerk its accep- is not a legal holiday. Notices shall be di-
tance of this franchise in writing signed by rected to the parties as follows:
its proper officers and To the City:
attested by its corporate seal. City Clerk
Section 13: Publication Costs To IGC:
The Grantee shall assume the cost of pubfi- City of Bancroft
cation of this franchise as such publication PC Box 39
is required Bancroft, Idaho 83217
#1206 Page 4 of 5
Region Director
Intermountain Gas Company
12584 W Tyhee Road Pocatello, Idaho
83202
Publishing:3/5/2026
#1206 1 Page 5 of 5
INTERMOUNTAIN GAS FRANCHISE AGREEMENT
This Franchise Agreement ("Agreement") is entered into this 10 day of March
2026("Effective Date"),by and between Intermountain Gas Company,an Idaho corporation,with
offices located at 555 S. Cole Rd.,Boise,ID, 83709("Intermountain Gas"), and the city of Boise
City, an Idaho municipal corporation, located at 150 N. Capitol Blvd., Boise, ID 83702 ("City").
Intermountain Gas or City may be individually referred to as a "Party," and collectively referred
to as "Parties."
The Parties hereby agree as follows:
I. SCOPE
A. Purpose. The Parties enter into this Agreement so that Grantee may provide a Gas
Utility (defined below) into, through, and beyond the limits of Boise.
B. Definitions. For purposes of this Agreement, the following terms shall have the
meaning as provide for above and given below. Terms not defined shall be given their plain
and ordinary meaning.
1. "ACHD" shall mean the Ada County Highway District.
2. "Boise" when used herein shall mean the future and present limits of the
corporate boundaries of the city of Boise City.
3. "City" when used herein shall mean the city of Boise City as a
governmental entity and party to this Agreement.
4. "Effective Date" shall mean the date not less than thirty(30) days from the
passage of the ordinance as adopted by City Council on which the City receives
Grantee's written acceptance of this Agreement.
5. "Gas Utility" shall mean the construction, installation, improvement,
extension, maintenance and operation, removal or abandonment in place of the natural
gas transmission and distribution system to furnish, transmit, distribute, and sell gas,
whether artificial, natural, mixed or otherwise for heating, domestic, industrial and
other purposes.
6. "IPUC" shall mean the Idaho Public Utilities Commission.
7. "Utility Facilities" shall include all mains, pipes, conduits, tanks, meters,
services, and other necessary structures, apparatus, and equipment for the Gas Utility.
C. Grant of Franchise; Exclusivity. There is hereby granted to Intermountain Gas,
its successors and assigns ("Grantee") the exclusive right and authority of a franchise for its
Gas Utility within Boise in accordance with the terms and conditions of this Agreement
D. Rights-of-Ways and Easements. To the extent the City has the authority to grant
or confer such rights to Grantee, the grant of the franchise includes the right to place Utility
Facilities appurtenant to, in, under, upon, over, across and along the streets, roads, alleys,
bridges and public ways and places within Boise, as such may exist at any time, subject to the
conditions and regulations hereinafter set forth.
1. Non-Exclusive Use. The right to so use and occupy streets, roads, alleys,
bridges and other public ways and places at within Boise is not exclusive. The City
reserves the right to grant non-competing use of streets,roads,alleys,bridges,and other
public ways and places within Grantee's service area within Boise as certified by the
IPUC to any other person or firm during the term of this franchise.
2. Utility Easements. Nothing herein contained shall be construed as
preventing, diminishing or restricting Grantee from using any easement shown on any
plat or plats of any portion of Boise for public utility purposes now existing or hereafter
platted or recorded or any easement which has been or may be created, granted or
dedicated for public utility purposes by any person, firm or corporation, provided that
the subsurface and surface thereof shall be restored to as good condition as existed prior
to the said use for public utility purposes.
3. Limitations as to Certain Public Ways and Places. Notwithstanding the
above, the rights of this subsection do not extend to other public lands owned by the
City unless City has given written authorization of such use of public lands for Utility
Facilities. Any Utility Facilities existing and located within such areas prior to the
execution of this Franchise Agreement do not require such written authorization but are
still subject to subsection II.A.3. herein.
4. Other Authorities. Unless otherwise specifically provided for herein,
nothing in this Agreement shall be construed to abrogate or abridge the authority or
jurisdiction of any other governmental entity,including a highway district, with respect
to such public rights-of-ways or easements or to limit or prohibit any other
governmental entity, including a highway district, from charging its fees to Grantee for
the use of the same,and Grantee shall pay such fees directly to the governmental entity,
including a highway district, imposing the fee.
E. [Reserved.]
II. OPERATIONS
A. Construction; General Conditions.All of Grantee's Utility Facilities in and upon
the streets,roads, alleys,bridges and public ways and places within Boise shall be constructed
in accordance with standard engineering practices and all applicable safety codes and lawful
government regulations, including all applicable state and federal regulations and all
construction standards presently in effect by the IPUC or adopted by the IPUC during the term
of this Agreement.
1. Location; Alignment. All Utility Facilities constructed under this
Agreement shall be constructed and operated at such places and positions so as not to
interfere with the proper use of, or to injure or damage the subsurface or surface of
streets, roads, alleys, bridges and public ways and places as well as not to interfere
with, injure or damage any existing public utility, sanitary sewer, geothermal piping
systems, electrical street light systems installations, storm drains or other stormwater
infrastructure or like improvements. Grantee shall follow any requirements of ACHD
regarding alignment of facilities as well as the Underground Facilities Damage
Prevention Act, Idaho Code section 55-2201 et seq.
2. Excavations. Grantee, subject to all applicable ordinances, and upon
permission and payment of any fees required by any other local governmental entity
including a highway district, may make all needful or convenient excavations and/or
openings in the streets, alleys, public ways and places in Boise for purposes of
construction,maintaining,repairing or relocating any of its Utility Facilities and no fee
shall be required of Grantee by the City for any such opening,provided that:
a. When Grantee or any person or corporation under the authority of
this franchise, shall disturb any streets, roads, alleys, bridges and public ways
and places for such purposes, it shall be restored to good order and condition as
soon as practicable and without unnecessary delay. Failing to so after ten
business days' notice from the City, or its duly authorized officer(s), then the
City or ACHD or its successor may repair the street,road,alley,bridge or public
way and place to such condition at the cost and expense of the Grantee and
Grantee shall forthwith pay the full cost and expense thereof upon demand of
the City or ACHD.
b. 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
streets and alleys to the same order and condition as they were before the
excavation was made insofar as reasonably possible.
c. 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 times and shall promptly remove such obstruction. Any such
obstruction, which after proper notice of 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 and may be enforced as a lien
upon any of its properties or assets.
3. Relocation of Utility Facilities. Upon request of the City, Grantee shall
relocate its Utility Facilities. Whenever such request is because any street shall be
paved or repaved or whenever there shall be a change in grade or line of any street or
public place or there shall be constructed or reconstructed any conduit, water main,
sewer or water connection or other city public works or city utility, such relocation will
be at Grantee's 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 or other City or public utility as constructed or reconstructed. However, when
the relocation is requested for the benefit of a third parry and not as incident to the
public improvement, the third party shall pay the costs of such relocation and Grantee
shall not be required to relocate Utility Facilities until the reasonable cost of such
relocation and the loss and expenses resulting therefrom is first paid to Grantee.
4. Injury;Damage. Should the subsurface or surface of any street,road,alley,
bridge or public ways or place or any existing public utility, sanitary sewer,geothermal
piping system, electrical street light systems installation, storm drain or other
stormwater infrastructure or like improvement be damaged or injured whether by act
or omission on the part of Grantee or proximately damages or injured by any property
or instrumentality under the care, custody and/or control of the Grantee:
a. Grantee shall immediately notify the affected agency of the
damages and shall, at its own expense, either repair the damage and restore the
improvement or property to as good condition as existed prior to the time of the
injury or damages or Grantee shall make other arrangements that are acceptable
with the affected agency for accomplishing said repair;
b. Grantee shall keep the affected agency informed of all repairs being
performed to allow the agency to perform inspection of the repair work;
c. All of the work for the repair and restoration shall be done in
accordance with the standards of the affected agency.
B. Construction Coordination.
1. Grantee Projects. In an effort to coordinate the activities of the City and
Grantee,the Grantee shall provide notice and construction drawings to the City and for
work performed on City-owned property, at least fourteen (14) days prior to
construction. This notification does not apply to emergency repairs, or work performed
in Ada County Highway District right-of-way. The City departments shall review the
construction drawings and provide the Grantee with comments regarding Grantee's
project.
C. General Operations. All of Grantee's natural gas property and facilities in and
upon the present and future streets, alleys, highways and public places within the corporate
limits of the City shall be constructed and at all times maintained in good order and condition
and in accordance with standard engineering practices and all applicable safety codes and
lawful governmental regulations, including all applicable local, state and federal regulations
and all construction standards presently in effect by the Idaho Public Utilities Commission or
adopted by the that Commission during the term of this franchise agreement.
1. Service.The natural gas service to be furnished to the public hereunder,and
all rates and charges therefore, and all regulation of the Grantee hereunder, shall at all
times be subject to all rules, regulations and orders that may be lawfully prescribed by
the Idaho Public Utilities Commission or by any other governmental authority now or
hereafter having jurisdiction over such matters. During the term of this franchise,
Grantee shall at all times assure that customers within the City have access to customer
service from the Grantee as required by the Idaho Public Utilities Commission.
2. Integrated System. Nothing herein shall be construed to limit Grantee's
ability to construct, extend, maintain, operate, remove and replace its Utility Facilities
and operate its Gas Utility outside the corporate limits of Boise, which if the Grantee
so desires, may be formed into one integrated Gas Utility.
D. Customer Service; Public Information. The Grantee shall maintain a telephone
number for regular service calls, complaints, repair requests and other general inquiries for
calls to be received and promptly responded to during normal business hours. Grantee may
also provide an online option for regular service requests to be processed via an instant
messaging function or by email for response during normal business hours. Additionally, the
Grantee shall maintain a 24-hour telephone number, which shall be made available to the
public, for emergency service requests
E. Compliance.The exercise of privileges herein granted shall be subject, at all times,
to the lawful exercise of the police power by the City and to such reasonable regulations of the
City as the City shall hereinafter adopt, to the extent that such regulations are not in conflict
with the laws of the State of Idaho, the regulations of the IPUC, or the Grantee's IPUC-issued
tariff, or federal law.
F. [Reserved.]
III. PLANNING
A. Facilities.
1. Existing Utility Facilities. Upon request, Grantee shall provide the City
Public Works and Fire Departments, a current digital map and plan disclosing the
location of its Utility Facilities constructed and maintained in,upon, across, and under
the streets, roads, alleys, bridges, and other public ways and places within Boise. In
locating its Utility Facilities, Grantee is subject to the Underground Facilities Damage
Prevention Act, Idaho Code Title 55, Chapter 22. Grantee shall provide design locates
upon request for future City projects. In the event Grantee inaccurately locates any of
its facilities or lines installed and such inaccuracy results in the misplacement of sewer
lines, geothermal lines, drainage facilities, electrical street light conduit and wiring, or
any other public utility, it shall be Grantee's responsibility to move its Utility Facilities
or pay the extra cost for any rerouting of City facilities necessary as a result of such
inaccurate locates. Unless disclosure is required by law, the City shall use best efforts
to keep such maps and plans confidential and not release the documents to third parties
without the written consent of 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 Code Title 55 Chapter 22 Underground
Facilities Damage Prevention.
B. Emergency Response. The Grantee shall,where possible, cooperate with the City
and Ada County Emergency Management ("ACEM") in the implementation of the Emergency
Response Plans, including but not limited to Ada County Joint Information System Plan, Ada
County Wildfire Response Plan,and Ada County Emergency Operations Plan, as may be amended
or updated from time to time.
C. Resource Planning. Upon request, Grantee shall provide its current Integrated
Resource Plan as required by the IPUC.
IV. REPORTING; INSPECTION
A. [Reserved.]
B. [Reserved.]
C. Reports. At such times and in such forms as the City may require, there shall be
furnished to the City such statements, records, reports, data, and information as the City may
request pertaining to matters covered in this agreement.
D. Inspection. Upon reasonable advance notice, the City shall have access to
Grantee's records, such as those related to accounting, finances, or customer service that do not
disclose personally identifiable information, to the extent necessary to verify the accuracy of the
Franchise fee payments required herein during the normal business hours of Grantee.
E. Recordkeeping. Grantee's obligation to maintain books and records for reports
and/or City examination shall be for a period not to exceed three (3) years of history.
V. [RESERVED.]
VI. FEES
A. Rates. Grantee shall charge such rates and fees as provided in its IPUC approved
tariffs.
B. Percentage for Franchise. As consideration for this franchise and grant, during
the period of this franchise Grantee shall pay to the City three percent (3%) of the gross
revenues from all sales of gas within Boise through this franchise and grant.
1. For purposes of this section, "gross revenues" shall mean the amount of
money billed by Grantee for the natural gas it sells to customers within Boise, less
uncollectibles.
2. In all cases where Grantee contracts with other public entities in the State
of Idaho to a long-term franchise agreement for a higher percentage of the gross annual
receipts received from all sales of gas within the limits of such public entity than the
three percent(3%) of said gross annual receipts paid to the City,that higher percentage
shall automatically become a part of this Agreement and shall be attached to this
Agreement as a modification. For purpose of this section, a long-term franchise
agreement shall be those franchise agreements of five (5) years or longer in duration.
C. Collection; Payment.
1. Franchise fees shall be collected by Grantee from its customers within the
city, by assessing the franchise fee percentage on the amounts billed to customers for
the sale, transmission and/or distribution of natural gas within the city. The franchise
fee shall be separately itemized on the public service provider's billings to customers.
2. Payments to the City shall be made quarterly with the first payment made
on May 1, 2026, for the period from January 1, 2026, to March 31, 2026.
3. Unless in conflict with or preempted by the Federal Aviation Administration
or other law applicable to the City's airport, payments shall be in lieu of any and all
other fees, charges, licenses or taxes (other than ad valorem taxes) which the City may
impose for the right and privileges herein granted or for the privilege of doing business
within the City.
D. Annexed Properties. Grantee will assure that all newly annexed properties will be
assessed franchise fees for the next billing period after receipt of notification from the City of
the annexation. Grantee may request any additional information necessary for the
identification of the Grantee's customers within the annexed area. Those customers added due
to areas annexed will be included within this Agreement without additional amendment.
VII. INSURANCE; INDEMNIFICATION
A. Insurance Requirements. 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 or personal injury
in any amount not less than One Million dollars ($1,000,000.00) and bodily injury with limits
of not less than One Million dollars ($1,000,000.00) per person and with minimum aggregate
coverage of Two Million dollars ($2,000,000.00) per 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.
B. Indemnification.It is expressly understood and agreed by and between the Grantee
and the City that the Grantee shall indemnify and hold the City, its officers, employees and
agents harmless from any and all expenses or liability including all loss sustained by the City
on account of any suit,judgment,execution,claim or demand whatsoever,to the extent arising
from or by reason of negligence on the part of the Grantee, its representatives or employees in
the operation, or maintenance of its Gas Utility in Boise. 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.
VIII. DEFAULT; REMEDIES
A. Force Maieure. Any delays in or failure of performance by Grantee shall not
constitute a breach or default hereunder if and to the extent such delays or failure of
performance are caused by occurrence beyond the reasonable control of Grantee,including but
not limited to: acts of God or the public enemy; compliance with any order or request of any
governmental authority; fires; floods; explosion; accidents; riots, strikes, or other concerted
acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or
kind as those specifically named above, which are not within the reasonable control of the
Grantee. In the occurrence of an event of force majeure as herein defined, Grantee shall be
entitled to a reasonable extension of the time for performance of any of the terms and
conditions of this Agreement.
B. Events of Default. If Grantee fails to comply with the terms and conditions hereof,
prior to any notice of intent to terminate, the City shall give written notice of the matters and
facts which Grantee is claimed to be in default or noncompliance, such notice to be given by
personal service or by registered mail. Grantee shall have 60 days from the date of receipt of
said notice to correct or remedy such default, or for those defaults that cannot be corrected and
remedied within such time, Grantee shall have made all commercially reasonable efforts to
pursue such correction.
C. [Reserved.]
D. Remedies. If Grantee fails to correct or remedy an event of default, in addition to
any right to terminate as provided for below, City may pursue any available remedy at law or
in equity. No remedy herein conferred upon or reserved or otherwise available to the City is
intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy herein or existing
at law or in equity.
E. No Waiver.No delay or omission to exercise any right or power accruing upon any
default, omission or failure of performance hereunder shall impair any such right or power or
shall be construed to be a waiver thereof. If any provision contained in this Agreement should
be breached by the Grantee, and thereafter waived by the City, such waiver shall be limited to
the particular breach so waived and shall not be deemed to waive any other breach hereunder.
IX. TERM; TERMINATION
A. Term. This Franchise and the rights, privileges and authority hereby granted will
be in full force and effect as of Effective Date and shall continue in full force and effect for a
term of twenty(20)years,provided that within thirty(30) days after the date of passage of this
Ordinance the Grantee shall file with the City Clerk, its unconditional acceptance of this
Franchise and promise to comply with and abide by its provision,terms, and conditions. Such
acceptance and promise shall be in writing and duly executed and sworn to be or on behalf of
the Grantee before a Notary Public or other officer authorized by law to administer oath. No
renewal terms are granted under this agreement.
B. Termination.
1. Termination Prior to an Extension. If either Party exercises its right to
terminate pursuant to section IX.A. above, the effect of such termination notice shall
be that the Agreement expires and is no longer of any force or effect at the natural
expiration of the then-current term.
2. Termination for Cause. The Franchise may be terminated and cancelled
in the event the City has provided default notice and Grantee has failed to correct or
remedy within the time allowed. The City's notice of intent to terminate shall be by
ordinance duly adopted after sixty (60) days' notice to Grantee by certified mail or
personal service of such intent to terminate and cancel and after a public hearing in
which the Grantee has been given an opportunity to be heard before the City Council.
However, this provision shall not prevent the Grantee from submitting such questions
of violation or forfeiture to the appropriate forum for determination.
X. MISCELLANEOUS PROVISIONS
A. Compliance with Laws. The Gas Utility to be provided by Grantee as provided
for by this Agreement shall, at all times,be subject to all rules, regulations and orders that may be
lawfully promulgated by the IPUC, and by any other governmental authority now or hereafter
having jurisdiction over the Grantee's Gas Utility.
B. Payment of Taxes&Other Costs. Notwithstanding section VI above with respect
to taxes, fees or other costs that could otherwise be imposed by the City, Grantee shall promptly
pay when due all taxes, excises, fees and costs due to the state, its subdivisions, and any other
governmental entity other than City. The Grantee shall assume the cost of publication of this
franchise as such publication is required by law.
C. [Reserved.]
D. Relationship of the Parties. The relationship among the parties is that of
independent entities. Nothing in this Agreement shall be construed as creating an agency,
partnership, joint venture or other form of joint enterprise, employment or other fiduciary
relationship between the parties and no party shall have the authority to contract for or bind another
party in any manner.
E. Title; Ownership. It is expressly understood that Grantee shall acquire no
ownership, title, property right, or interest in its use of the streets, roads, alleys, bridges and other
public ways and places. Likewise, it is expressly understood that the City shall acquire no
ownership, title,property right, or interest in the Utility Facilities by virtue of this Agreement.
F. Eminent Domain. 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.
G. Agreement Not to Compete. 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 natural gas for direct use to customers during the life of this franchise or any extension
thereof in competition with the Grantee, its successors or assigns.
H. Rights of Competing Franchises. In consideration of the Grantee's undertaking as
evidence by its acceptance of this franchise and grant,the City shall not grant a franchise to another
natural gas utility during the term of this franchise or any extension unless the natural gas utility
has received approval to provide natural gas service within Boise from the IPUC and the City has
imposed the same franchise fee on the natural gas provided as paid by the Grantee.
I. Transfer; Assignment. Sale, assignment, or lease of this franchise is prohibited
without notice to the City of no less than 90 days prior to such assignment.
J. Forfeiture; Surrender. Absent any event of force majeure, if Grantee fails to
operate its Gas Utility for a consecutive 180 days, Grantee shall be considered to have abandoned
this franchise and the franchise and grant will be forfeited. The effect of a forfeiture is the same
as that of termination for cause and shall be effective after Grantee's receipt of the City's notice of
the forfeiture, sent by certified mail or personal service, and acknowledgement of such forfeiture
by ordinance not less than sixty (60) days following the notice. In the event natural gas at any
time shall cease to be available to Grantee for the distribution and sale hereunder, Grantee may
surrender this franchise and in the event of such a surrender prior to any expiration or termination
of this franchise, or in any such events, Grantee reserves the right to salvage all of its plant,works
and facilities,and will restore streets and alleys within the City damaged by such salvage operation.
K. Discrimination Prohibited. Grantee will comply with applicable state and federal
nondiscrimination law.
L. Governing Law. This Agreement will be governed by and construed in accordance
with the laws of the State of Idaho.
M. Notices.Any notice or communication required or permitted under this Agreement
shall be sufficiently given if delivered in person, by email, or by certified mail, return receipt
requested, to the address set forth below or to such other address that has been delivered to the
other party in writing.
City: City of Boise Public Works and Legal Departments
Attn: Public Works Director and City Attorney
150 N. Capitol Blvd.
Boise, ID 83702
Grantee: Intermountain Gas
Attn: Region Director
555 S Cole Road
Boise, ID 83709
N. Certifications.
1. Pursuant to Idaho Code section 67-2346, Grantee affirmatively states that it
does not boycott Israel and will not boycott Israel during the term of this Agreement.
In this paragraph, the term "boycott Israel" shall have the meaning described in Idaho
Code section 67-2346.
2. Grantee hereby certifies that it is not currently owned or operated by the
government of China and will not, for the duration of this Agreement, be owned or
operated by the government of China.
O. Severability. The provisions of this Agreement are hereby declared severable and,
if any section, clause, or phrase of this Agreement 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.
P. Entire Agreement, This Agreement contains the entire agreement of the Parties
and supersedes any and all other agreements or understandings, oral or written, regarding this
subject matter. The existing franchise and grant shall terminate upon adoption and acceptance of
this ordinance.
Q. Authorization; Acceptance. This Agreement is not effective or binding until
approved by the City Council. The Grantee shall, within thirty (30) days after the passage and
publication of the ordinance adopting this franchise and approving this Agreement, file with the
City Clerk its acceptance by execution of this Agreement by its proper officers and attested by its
corporate seal.
R. Amendments. This Agreement may only be amended by an instrument in writing,
duly executed by both parties.
[Signature page follows.]
This Ordinance shall take effect and be in force upon its passage, approval, and publication as
required by law, and the execution of the "Acceptance and Consent"by Grantee.
DATED this 3rd day of March , 2026
CITY OF BOISE
Lauren McLean, Mayor
4 �
ATTEST:
\ \ J
Jamie Heinzerling, 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 10th day of March , 20 26
By: Eric Martuscelli
Its: VP, Field Operations &Customer Experience
ORDINANCE NO.232
AN ORDINANCE OF THE CITY OF HANSEN, 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 HANSEN, 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 Hansen, 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 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 fixture
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.
I
I
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
(i
I
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 Hansen
388 Main St. South
P.O. Box 170
Hansen, ID 83334
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise, Idaho 83709
This Ordinance shall take effect and be in force on February 121", 2026, following its passage,
approval, and publication as required by law, and the execution of the "Acceptance and Consent"
by Grantee.
DATED this IV day of IA , 2026
CITY OF HANSEN
Tod timpson, Mayor
ATTEST:
Ashley Pali
a tt, Ci 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 16th day of January , 2026
By: Eric Martuscelli
Its: VP, Field Operations&Customer Experience
ORDINANCE NO. 25-278
AN ORDINANCE OF THE CITY OF INKOM, IDAHO, GRANTING TO INTERMOUNTAIN
GAS COMPANY A TWENTY FIVE 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 INKOM, IDAHO;
Section 1: Grant of Authority.
There is hereby granted to Intermountain Gas Company, a corporation, its successors and assigns
(hereinafter collectively refereed to as "Grantee") a twenty five 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 Inkom, 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 twenty-five years
from and after the date of the final acceptance of this Ordinance by the Company,herein referred
to as the primary term. This fianchise 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.
If the Grantee, under a franchise agreement with another Idaho city on the same or substantially
similar terms, pays a franchise fee that exceeds the percentage provided for herein, the Grantee
shall notify the City.Any subsequent adjustment to the franchise fee shall only be made with the
consent of the Grantee or the approval of a majority of voters of the city voting on the question at
an election held in accordance with chapter 4, title 50,Idaho Code
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 Cleric 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 at12584 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 the 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 Inkom
365 N Rapid Creek Rd
Inkom, ID 83245
To IGC: Region Director
Intermountain Gas Company
12584 W Tyhee Road
Pocatello, Idaho 83202
This Ordinance shall take effect and be in force following its passage, approval, and publication
as required by law, and the execution of the"Acceptance and Consent" by Grantee.
DATED this 2_Z_day of , 2025
CITY OF INKOM
a,x Sha er, Mayor
ATTEST:
am Solomon, City Cleric
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 26th day of December , 20 25
By: Eric Martuscelli
Its:VP, Field Operations& Customer Experience
Bingham News PROFORMA INVOICE
IDAHO STATE _ APG West Payment
C- _r--onlc. =e
JOURNAL Processing
PO Box 1570
Pocatello, ID 83204
Ph. (208)239-3163
DATE:BILLING
11/06125 1108
INTERMOUNTAIN GAS AGENCY
INTERMOUNTAIN GAS AGENCY
805 W. IDAHO STREET SUITE 300
BOISE, ID 83702
AD# DESCRIPTION START STOP TIMES AMOUNT
690440 ORDINANCE NO. 25-278 11/08/25 11/08/25 2 $516.68
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$516.68
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$516.68
We Appreciate Your Business!
690440
AD#690440AD#
OROINANCE N0.262]6
AN ORDINANCE OFTHE CITY OF INKOM.IDAHO.GRANTINGTO INTERMOUNTAIN GAS COMPANY ATWENTY FWEYEAR
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
GRANTEE70 ALL POWERS OFTHE CTY:SETTING FORTHTHE RULES OFTHE FRANCHISEAND GPANT;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 CRY,AND FILE EVIDENCE OF INSURANCE:REQUIRING COM-
PUMCE WITH SAFETY REGULATIONS:SETTING FORTH AN AGREEMENT NOT TO COMPETE RESERVING POWER OF
EMINENT DOMAIN:PROVIDING FOR SURRENDER OF FRANCHISE:GRANTING RIGHTTO SALVAGE:REQUIRING WRTTEN
ACCEPTANCE:PROVIDING FOR CONSENTTO SALE.ASSIGNMENT OR LEASE PROVIDING FOR PAYMENT OF PUBLICA
TION CAST:SETTING FORTH PENALTIES AND FORFEITURES.SEPARABILITY AND REPEAL
BE T ORDAINED BY THE MAYOR AND COUNCIL OF INKOM.IDAHO:
Sadlm 1:Grant of/thorny.
TNre IS".byg.—to latem,dmten,Gab Claaeay,a CApomnnn,rb SufLdedars aro a—gro(neroh+enerc«I ,,otya,i.—
to as'GreelanT a ivroMy fiw ymr daton,on Id the aqM and auborily to cermrucL InsMt,mar—n antl oporab a gas ha u—mon
and dstrlbmon system,ircJudng mains.pip 11 COnOWts.SOMcas and enter__,Y him and ppplinnceb apperbumnq in.
under,
upon,over,acmS aro almgM stmois.atop.bridges and public places wirllin M P,,war and hm+rac ,Ate haft of the
City MlNmm.IN,l,o gor«mtter mfarredro a5•Citr)ad,Te}urmsNrre.Iraramaswn.dalribWme and sale IN gas..NM —F 1.
natural,mnk0d a OMrwa6.tar ne«urg,dOMBbnC.IndU:tnel aro one,WToSd%ant tar tmnbmlkng gas Trio,Ih..g.and be—
So
id GyTN,City repreeens that it has the sob pewter m,tl auMOMy o make Mls grant M authorMy and agrees b ratty Graraae M
wnbrg it the Ciry,,,m cSalo ro saw pis poser.
Secdm 2:Use M SSeats and RWos Gwomirg the Same.
Gteneed mall Secute a P«gat tar erry openlrg it Snell make In M sheets,Buoys and Puck plecas b tea Dry and snot bo SWiM
to MI applrcabe OrdedIn_Na no fee bnat W required of 6aarooe far any such permit.Granted may,mo a,,,open of Iwn+re Ina
.baM4,afieys,end pdo places weImut A pared d an emergency Seals mqunng the rmmedale repair of faalmos.Tho Imeran or
admtim d of at o Iitbs slat ba made Inoe,the Supernaron und vv V+pro approval of do M gowming Eddy
Of me Orly my doGgm.tan toes purpom,our ndi so as lnrmcoaady to Imndare wIM M proper operanng of Gmmma IaGAneS
ark,,once.Wtumear, trio O'y slfnll paw dr rdpem any rnedt or sMll Gwrga trio grade or Ikw of arty street dr public pima or shall
-,ratrud or tecm9nel dry<«kWl,water male sewer 0r wet«wnrocndn«other Gay p,ol,works«ctty wary,it Shari ed M
Ot+tY of quo Grantee when so ordered M M Day to Range its meAa,S,Mow and other property in Me sleets or pubic plooda at
tts awn experae w ss to cOMnrm to Ina estadlsna0 9ratle or one IN sots coast or pdc pace and so m nM ro iMonoe vriM M
coroula.sowers pnd oMrmaua IN IN,Cry aS o«aMKbd ar aadomdt dC:ndw aw ma Grame Shia no ot be requred to mkKate
peas,mains and
apWnormmds when tN great,eaoy or dual,ground a,which May are Imatnd a wraled tar Me con,orrem o of
abumng property owner,and not as An ImloeM to the pWlc knp—...uniew In.easonaEle—01 such eloratbn and Md
I—and axparu^os r�WiMg Ihorandm a ArSt peal V Grantee.TN, witl mold the rood to suet mwlrg or cnan9 rg wherover
pOSide.ln Ma event Federal,Stale OroM«lunoSereawlbole In veto do n pan for uniny eXaceargpurposos.quo GdyS apply
brsW,IVftL nM Vn Grmlrm will Ee mlmWrsodroMo dnaM dry such irmdt aro actunly Obwmro,
See6gn 3:Grantee SuIri—b All Pawora of Gy Rules Gdwrneg RopNr and Raonstn+m«,M So.—
The dar i.of phVI.g05 Nets granted"I be s opG at all beta to all M the Powers M M City ark all regu lnI adand cos
edoptnd«+rauarn Mesta The Grantee Noll rat unnecoscarity or ueeawruby obSlepi Uw vse M.'—go
erry steal«ellry
ark still vntNn a roa•.«oNo Na.and as mrly AS«adwAINo upon coreplonan of any c— 11Gn«rafclr work,teSrnre at Cry
StraMS and Mloy t0 M Same Order and c«arts n ac ihpy wore befdre Me BaCavetim was mane msoler az easanably poss+do.
TN,Grunbo shall enaintam.repair ant keep o good c—lbon t«a penoo of thra9 years all P'I"of btreMs aro.toys dsbabeg
by tt or ns agano.Tina Grantce Shatl be rasponi tar my obaM bdn in en'"' al k'y dr MNr public plane caused by n b M
opamtine and maimaname of A-propa..—Mng at any rime and Shot pram Ply temwe wch g6structldn.Anyt dbw,u Ilan
whmh.art«prop«ranee to Granted tldmandng—mall a not promptly ramowd by V,e Gmntyo^aY Ora—.a Coe IN by the city
and fine costs tnoroIN shrill be,nagod ag.—Granroa.For ounedow of rK Semen.Gana*.*,Woz—ad I_,r aorlompomry
cenatru tie.....IS and Squipmdnt shill not oil can ned an'obs[nxmon:
Section 4:T of 4mNse and Grant.
Stchnghl.m aWN,My,pertea tan ark pdwara N,rmygrantOtl fora Dorm Mtvwnry+Ave agars from ant after Me dam of lM final
acCepbnce al INa Ordnarpe Oy Ma Comm.....relwte,b f,the pnrtwry term.This 1mrv3nso wit al+tnmatiealy renew tar
succaz^.Iw ponodb of ten(10)years untear canGMled at Me and of a bran by eMe,party by wniaen not.b the Mher perry m less
Men 1B0adondar da,pmnto Mo and re M ,y man«M donor—b+Ketaalw lens,
Soodon 5:City Rige b i-pemon IN Grante,5 Plara.Auouna ark Books-Gmnlad b Fumah Ce-n Maps,
Upon—No atlance ridne,the C y—0 haw access Its Grantee's receks to Ina—1 necessary to wary M—ra y e
M FaimhSe foe vSymm+t Top ite0 hotels during the rwrmal Wsnnass lours of Gmnty,.TN Granbe chaR bmah,upon+equn•L
M Gry wIM a compote trot of maps.mduding plane and Pmele IN Ire asnngnbn System of IN,Grantee aro any tutute axbralom.
Tin Crty shoo make doryredu 1.Monro mtenbtin too ronfi—aauY oI�r�y(redo secrets toner prepNroryrnom+ntwn(sups
as p.P,i.tary maps and SIN,,me,p ag information)praadod pumuani to Ma Section kduding exocu-M o drib snannq ogme-
neent with Granby.Amy map suppllatl shall nM N,usnd for localkg gac fmlllfioc wIM M Mane IN encawMg.Prior ro—ring,the
City
shall tequast One kaC,Stos par M rawktemeno M karts SlatutosTdd 55 CNpinr 22 Undogmurk FaGlnlas Damago Preanlion.
Secdm 6:Payment To Gry AM R"OI Amu.l Wmmn Pepon With The Coy
As consideration fie ol}er Jose ark gent saklGmntav,i6 strxasmrsaM aavpns,during ao lmnanisa paned,shall payoMa
City Mm,de_(r,:)ed the gross rac«pis ra__I=MI Wes of gas by Gmeree wANn Me corporate Smile of the Dry thrnugh
use.apemnon or pollots+on of Mls imnceSe ark grant
Such Paymonis stall lea mead on a gmndny basis and shntl led M eau M nary ark all oMor fens.Gurgoa 1—of owS(OMer
Man ad yMotem taxra)rdelSd ro ms«non6,1ra�Ux .nghts-M W.wby rows ark mulpmont inGMoem,—.to—and
—1 danq thy term of M Pod¢a.M-pmWdws frAn NAa wilh Ind Cray whips Me Cly may amp—for IN ngha antl pn,bges
he—granted or for the Ta"ilogo of doing datums w,N,M Cry.
The Grantoe"I file 30 days.per M�ro Of mCn calendar waner wM IN C1y a mpad Inc too ptecadng cebndar queny
which report..11 ommin a Smtemem o1 all M grew—pC arising Irom an snob of gab by Seal Grantee wrNn INS CITY I.,INS
,,Slender quart«prWmhg Stan aepo2 ant at ins Saaw time Md GreMw sfc0 pay to M Cry Me suprtlamd parcmogOIN M gtess
gmnery remlpls d-lots M W Ondv quarter which cab rayon i4 mnda ark Nat
o the Granted,valor a iramha,a,--wind andM,Iml,o cn,on My, same or subot—.1y sima.r terms.vor-a frame.
foe.net
w.mS Me Percentage p—dal tar Nerein.the Grantee stall notly line City.Any sub-cl ent aoluw,,ent to IN,fr—N.
..
._,ady be made weh M Serpent M Me Gren100 ar M approval of a nteprlty IN abrs 0 ma Gy wting on Me our st en re an
.1-1.In arcoldaea wrh—S.,4,btld 50.Nano Colo
Scdon]:Grantee Uedkty-InddrtnlfiCanm
n Is expressly undowedd rand ra9teod try aro Omwean Me Gmnoe and M CM tNt M Gmnbd snail saw M CVY NnMocsttem
At loss susfitnao byMCiy«+ untM any suV,iudgment oxmurwn,Germ«demand wt,etsoeer,reaAan,g Tres ge9il9ameen
M pan of tN,Glamd,k Md Canatruc9da.oP.,on or meM,I—of r6 9.rpmen In MB GyThe Dry"it notly IN,gmnlo0$
aMewenbaw'm Me Lay wiVnn bn(10)day5 eperfN prosenlallm ofaM Gain or tlemand.oiwdr eysun ar othorveca mmoagaiM
too CVy m ace«ad M dry nogOgence as aroteaaal on Tho ppan of M Gmntoe.Napvng N,rnln Snell roqure Grantee to ww antl told
Ise Gry al—ws to the eke,any ow sumama by M Cdy IS,ausect by are acts,omisS+ons,or rwgkgdrod IN M City.agents,
art, ntab,s conlraCea,elf m,dG lOors,egployee or omer paraoa SrdJngro ttb,I em-or wnitd.
Section 6:Insu—
Upon«,,Spam,M INS fen sad by Grantee and been.Gnundo shall saw any rights N,reund.,Gmn1e0 snall file vn h the Gry
Clerk a cedtllcate evidrrrJng Ito Mn
IN M Granbe amm gS,—property damage in an a,o+nt rot lass Man SE00,000.00 and
body M Mlury w�fh limns M rwt kiss S500.000.00 Per Py and S1.000.000.00 total for each—nenca Provided,ffowdwr,
the mblmue llmla M InS.—w SeI bon No..stall tel aubma—lly Irate 1 at arty rime M I. Antis of Me City am
Im—Sed Pursuant IO the,ImhOTOd Oairm AM(graft Code Secllan F901 St.Sad,)or any
cti similar loglslanm.
Seon 9:Sabry RO".u,n Campllaroe
Gnumld 11 mmpy wind ant conlona In nit safety rogWatlans P o eulgabd by too UMed sams.Slow of Idam,orany regulatory
body hating IuHA Ionthoroo1.
Seetian 10:Agreement Nni ro Caepdo-Raserw b Gry Pow«M F1Nnont Dm,,
In l O derannn of Gntrar.S undenakrng naraawor ale evitbnmd by es a0ceM—Naraof Me CITY rig.-not to amage in M
dalmra M drnrdaing ark Selling gas during I e IIb,I the I hlsa or orry—a—MOraoi in corepoenon wM Ma Gmmoa.la
In.ark—19,,:but naming m.,n containod mall be c d or dmed ansirueoo b pro .Ciy I—exemslr At any been
arty pdwdr of d,in,nt domain granlnC to It no,,M taws M M State M Inland,
SKdan 11:SlInamerM Fro fuse
in In,wool nahnal gas at any brad shall close td on awllebl,to Graeae tar Me dsW,Awn ant bale horoundor.Gmntae awanws
the hgni Ito—meden this fmro3uSe and in Ito«refit of such lane nor r prwr to any dx«rahon or lmmr,unm M Mrs inamnwo
any.t sue ee t,—1s.Grante no,to S"go aR.1I S pond,—milled brolfira,and will—..City,,Stored.rind alleys
damagotl by such SaNgge odoreTura Ml.m.
SectlM 12:WMm Accepramc
TN,Gren da Snell wlmln IN ny(30)clay.oiler M pasage am putrAWk M Ma onanande,fib veld,M Car GSM its a ptem,
of MIS iramtuse In writing signed by Its pep«ofi.do and aaabbd by d,o«porala CBAI,
sooden 13:Puu owdn CoSbr
The Granbe Shall—quo oast of pudimnon of INS framhSe as Su a publication is rop4etl by ow.
Sectlyn 14:F«beute
Any malenN viniation by quo Granbe.Its a da0.lessee or succ,wsoa M tN pr om M Mrs ordnance.ilanclvsd ark grant or
or,/mebrial p_.aS,tlorool or M bill'.promptly to MMrm any IN M pea lmom Inaroof shall be cause tar M bMime,of the
herJvsd ono gnoa ark all nigh.no—der—In Gmntod oil b pre suet vrdakm wtll,ln slxry Ib0)Calendar del',,of CM/s pro-
,king Grano,warm amhce,whkh stall be Senotl upon Granted by no«srored mail on is Ragim enactor a112564 W Tyhee Road.
Pooldeff I.No 00.202 w p not.—bey capably of boing c«ad wehin slay(60)calendar darya,—in seen toner aw—b1e
poem,M Ikne_tied Pi may agrae.This pr ,Son stall not preant M Gran:dd fi«n s NrIi Ping StJI quectim of iodem+ra to
pe,pot Court debnnimlim.
Se do 15:Soda-111,
,any don«pars of this oklname mall be adjudged by the Count To be urcmscwarrM dr iwalk,Ind same shall cal aVOM"la
�a"Y of arty
INN,pan or Pans fomot w can be gran oVaGw dut My don or dorm adjudge"b be unconslnl Slonal or invalid.
Th.Cly de nw IW n-ub how passe,Me ramelning pans M Vks ord-ma,d it Ntl bete known MfstJ,MN,Pan or part
IhamM would on 0 JaM unwnsaNnorol or iwalid.
Section 16:Repeal
Au ortltrpr,c0r ant pans or ordnar40l M M City in e«VIiM Nre..4M srla0 be,antl M sema am Mroby repaaad
S=M 17:Nebr. ns
VJner,enoa INS FmnCNSO CMa for mnca IO Or rollAm6m EY ranY pang,tN,same furless otfa, sP,aally provided)Shall to In
writing and&re InMa o ape«at Ill,ntltlress sot brth rn Mrs Same,Wets woman naca of~go of am—a p,wiadd
to MS oM.r pony.If IN, IS 1«—0,ng any p.,,—orpeabrmlm any ega end is a ll hdlmy paynwnt may lea made,or M0 act
darMrm,d an No—succ,adng lwu—day,which a rat a legal hdiday.NMk:os shall be dlectod To,Ve parties as Idbws:
To M Citj,City CT,M
Orly of Inkom
3 N Hopei Oeek Rd
Ink«n,ID 83245
To IGC:Reydn D,mlo,
Iran n—lea,Gas Campdny
12584 W,=Rdod
Pocatello,Idaho=02
THs OarSnar,ce still aka aecM antl N,in force on(Atld DMB),Inll-1,Ile Pao a,1,apPmwl,and puolcMrne as requited by WY,
and the ekerunon of tN,'ACCSPorm,S ant Ctnsern'by GmMea.
GATED this_tley,f ,2025
CITY OF INKOM
Meer SIo1Mr
Mayes
ATTEST
d
them SOkmark
Ciry Clerk
ACCEPTANCE AND CONSENT
INTERMOUNTAIN GAS COMPANY,a INS h,JIa da am*G—.e In M drdmnc.Se,t«th abS ancept4 thy Ina-haw set
f llth thee"at IN ems M Grantees aweovron.ant agree Ic ab.W by INS brans end COmilons vNeteM.SpSCifiC,Sly(and puamh
b LG§S0-029A),IGC a«aaea to Ito...m—nt(3::)Inaminse lea assosbed by Me Gry W+.—to MIS arms e.
GATED litis_dry of .20_
Etc Myraacnm
ns:VP,Field Ope abdra A Customer Experience
NovemEer Bat 2025(ISJ1108-690C40)
k
ORDINANCE NO.688
AN ORDINANCE OF THE CITY OF KIMBERLY, 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 THE CITY OF R MBERLY,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
Kimberly, 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.
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 obst;-uctit- ..Any such
obstruction which,after proper notice to Grantee demanding removal is not promptly removed by the Grantec may
be taken care of by the City and the costs thereof shall be charged against Grantee. For purposes of`his Section,
Grantee's P.bove-ground facilities or temporary construction materials and equipment shall not be considered an
"obstruction".
S^ct!or 4: Term of Franchise and Grant. Such right and authority, permission and po�er is he-zby
granted for a tsnn of twenty (20) years from and after the date of the final acceptance of this Ordi-.ance b;, the
Company,herein referred to as the primary tern.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 par y 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. Prier 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 Annual Written Report with The City. As consideration for
this franchise and grant said Grantee, its successors and assigns, during the franchise period, shall pty 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 equiprncnt
installation,raintenance 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 pz.y 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 her e;.all be srtcz -,illy increased at any time the liability;iraits of the City are increased pal uarit to the
Idaho Tor, CIZATis Az� l:;....c odc Section 6-901 et.seq.)or any similar Iegisla',ioa.
S-Atkm 9. 5'Ifety Regulation Compliance. Grantee shall comply with and conform, `n all f,ty
regulatie^�-+romulgt*Pcl�v+',-e United States,State of Idaho,or any regulatory':iody havipg juri�d-,cti- l the::-f.
z-- .— 10:iA 7rep"?,-�nt Not to Compete-Reserve to City Power of Eminent Domain. In t!-rsirer Lion
of Grantee's ndertal<ip7 >ereunder as evidenced by its acceptance hereof the City agrel.s not to e---age i•- t'ie
business rf ist-ibuti-ig an l se'ling gas during the life of this franchise or any e%tension thereof in comb E'_iticr; tl�
the Gran`,:e, its succn s;e- rnd assigns; but nothing herein contained shall be construed or deeined tc 7Vever .'ie
City frorn :�,:�-:ising 3t.--_:t•one any power of eminent domain granted to it under the laws of the Sta ;�.'Idahr.
Section 11: S,.,r:cjaer of Franchise. In the event natural gas at any time shall cease to be available to
Grantee -?r t'ze distribu`ien a-.d sale hereunder; Grantee reserves the right to !nwrender tlais franchise and it the
event of r:: h surrender-rinr to any expiration or termination of this franchise, or in any of such events, Grantee
reserves t;ie right to salvage all of its plant,works and facilities, and will restore City's streets and allEvs damaged
by such lx agz opera ion.
Section 12: Written Acceptance. The Grantee shall within thirty (30) days after the passage and
publicat� , of this craina-ace,_=ile with the City Clerk its acceptance of this franchise in writing signed oy its pr^Dsr
officers and attested by its corporate seal.
Section 13:Publica+ion Costs. The Grantee shall assume the cost of publication of this fra:,n:iiire as sl:ch
publicaticn is required by lax.
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 per,orm
any of the provisions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder
should O antee fail to cure,such violation within sixty(60)calendar days of Cit`j's providing Grartee ritten novice,
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 etch que-ti gin
of forfeit•:-e 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 t;:e remaining parts of this ordinance if it had been known that such other part or parts them--if wcu.:�' be
declared �-izonstitutional 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.Ifthe date for making any paym=t
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 Kimberly
242 HWY 30 E
Kimberly,Idaho 83341
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise,Idaho 83709
i
This Ordi;tance shall take effect and be in force on January 25, 2026, following its passage, approval, and
publicatio- as required by Iaw,and the execution of the"Acceptance and Consent"by Grantee.
DATED i:Lis 13�h day uf.;anuary, 2026
CITY OF KIMBERLY
jr e aj,idson,W,or L�
ATT T:
Carrie City Clefk =
ACCEPTANCE AND CONSENT
INTERMOUNTAIN GAS COMPANY,as the franchisee and`Grantee'in the ordinance set forth above,accepts the
franchise Set forth therein at~i-Ie 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 �� day of 2026
-10
P?.;3
r�. ter.. .'' y:Eric Martuseelli
:v n Its:VP,Field Operations&Customer Experience
? `➢�
ORDINANCE NO. 2025-007
AN ORDINANCE OF THE CITY OF LAVA HOT SPRINGS,IDAHO, GRANTING TO
INTERMOUNTAIN GAS COMPANY A 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 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 LAVA HOT SPRINGS,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 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 Lava Hot Springs,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 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
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 fumish, 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 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 $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 Lava Hot Springs
115 W Elm
Lava Hot Springs,ID 83246
To IGC: Region Director
Intermountain Gas Company
12584 W Tyhee Road
Pocatello,Idaho 83202
This Ordinance shall take effect and be in force on 7, following its passa8e� aPProvat and
publication as required by law,and the execution of the"Acceptance and Consent"by Grantee.
DATED this 8f day of January,2026
CITY OF LAVA HOT SPRINGS
l
v � yonvMayor.
ATT�
tha Sierra,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"%)nsnchise fee assessed by the City pursuant to this ordinaam
DATED this 14th day of January ,2026
yam_
r r
By.Eric Martuscelli
Its:VP,Field Operations&Customer Experience
hi-"
ngham News. PROFORMA INVOICE
IDAHO STATE _ ___ , -
C _ro�_�:1_cle APG West Payment
JOURNAL y_F m ,,.,,.k.,�. Processing
('...erin.,ln+Jeen,nlad:f+4 i.n Ilan Fvih.t ti!.Alry
PO Box 1570
Pocatello, ID 83204
Ph. (208)239-3163
BILLING .• • NO:
01/19/26 1 903
City of Lava Hot Springs
PO Box 187
Lava Hot Springs, ID 83246
AD# DESCRIPTION START STOP TIMES AMOUNT
708882 ORDINANCE NO. 2025-0 01/21/26 01/21/26 2 $501.08
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$501.08
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$501.08
We Appreciate Your Business!
708882
AD#708882AD#
ORDINANCE NO.2025-007
AN ORDINANCE OF THE CRY OF LAVA HOT SPRINGS.IDAHO.GRANTING TO INTERMOUNTAIN GAS COMPANY A 10
YEAR EXTENSION TO ITS FRANCHISETO CONSTRUCT,MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBU.
TION SYSTEM:PROVIDING FOR THE USE OF STREETS AND ALLEYS.AND RULES GOVERNING THE SAME.SUBJECTING
THE GRANTEE TOALL POWERS OF THE
CITY:SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT:PROVIDING
FOR THE RIGHT OF INSPECTION BY THE CRY OF GRANTEE'S PLANS,ACCOUNTS.AND BOOKS:REQUIRING GRANTEE
TO FURNISH CERTAIN MAPS:SETTING FORTH THE ANNUAL PAYMENT TO THE CITY.AND THE RUNG OF ANNUAL RE-
PORTS WITH THE CRY:REQUIRING GRANTEE TO INDEMNIFY CRY,AND FILE EVIDENCE OF INSURANCE:REQUIRING
COMPLIANCE WITH SAFETY REGULATIONS:SETTING FORTH AN AGREEMENT NOT TO COMPETE,RESERVING POW-
ER OF EMINENT DOMAIN:PROVIDING FOR SURRENDER OF FRANCHISE;GRANTING RIGHT TO SALVAGE:REQUIRING
WRITTEN ACCEPTANCE:PROVIDING FOR CON.SENTTO 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 LAVA HOT SPRINGS,IDAHO;
Seddon 1:Great of Authority.
Thera Is hereby granted to Intermouman Gas Company,a derpwahm,is successors ark assigns(omemalter dhancf,,oiy roloned
W M.Granlee7 a 10 year"t—on to the fight and authanty to mnstrutl.install,maintain and operate a gas transmission and dis.
t6wliM System,ironing mains,Pipe;condurs,services and Other necessary strumures and-PlLanCes appertaironq m,under.
upon,Over.a—and al^^9 the sireats,alleys,bMgos ate pudic places wiIltin this present and haM,Corporate limits of the City
of Lava Hot Springs.ItlahO(hemina!ter relonod to Ts ily")for ale lumi#fing,IrJnsrtvsslnn,rherabulim ark sale of gas,whether
amfietal,nah,r d,mixed or otherwise,for hearing,domesfic,indusinal and other purposes and lormonsmining gas into.Mmugh ark
beyond said City.The City Wrissent5 that it has me sole power ark aulherity 10 make this grant 0I authority and agrees 10-Ity
Grantee in wat"'t m,City sho,,"eeuo to haR this power.
Section 2:Ux W Streets and Ruks Gowming the Sarno.
Granted shall secure a permit for any opening it shall make in the streets.alleys and public places in Me City and shelf be sub)ect
to all app—ble ordinances.bill no fee shall be Mquined of Grantee for any soot permit.Gremx may.however,upon or dahlia the
streets,alleys,and pudic places without a petm,t it-emegerrcy most.mqubng the immediate mpair of f dilnws.The I—I.-or
la,doh n of all Iaiefilres shall be=do under the supamsion and with Me approval of such Wigs-t ifives as the go+eming body
of the Gry may deagnare lot such enmose,but non so-unreasonably to l lerfam with the motor opmemg of Ge mees adifil s
and service.Vdenevw me City shall pave air repave any street w shall change the goes w fine of any street-pudic plade or shall
Conslai of fecanstruct airy rendhol,wale,man,sewer pr wailer connection or other city pubk works or oty 00y,II shall be the
di,y of the Gmntx when so ordered C/Ine City fO charge ion.mains.xmeaz antl Omer property k,rile shosts or pubhe PIO—le
own�panse son Y to cons-m ki the established grade or line Of
wdh 51roei a mrbhc Place and so a5 nil to interlmre with Me
eanduts,sewers and Omer mans of the City as censimced or Wor simucled:however.the Grantx shalt net be required m mlw:ate
Pipes,mans and app rtenances wren Me sired, say or plate ground in which trey are localed is vacated for the do—once of
abutting property owners and rot as an ine,dent to me puN,c,mprcwomenl-unless Me reasonable dead of with relocal'ron and the
to�.and Oxpensos rnvrltng the —hs hrst tab 10 Gmim.Thd City strip avoid the nxd for such mOhng or chart99,rig wnonevor
M.N..In the eve'Federal,State a olherlunds are avtilablo,n whole or,,pan Inn utility militating purposes,the City mall appy
for such kinds and Me Glen—wart be rembursed 10 Me owtenl any such funds are acNally Mta—
Sedlon 3:Grantee Sublact tall Powers of Chy Rules Goveming Repair and Reconstruction of Sheets
The--of phvllego,herein granted shall be subjeet at all Imes to all of Me powers o1 the City air#all regulatory one—hen,
adopted pursuant morale,The Grantee shall not unnaeassany or uneadonaby obstmct me use of or damage any street of alley
antl stall within a--able time snd-early-practicable upon C-Piele-of any doldtructim or repair worst,—1—all City
streets and atoys to the same Oder and Cwldr as deer ware before the padaw am was mile insofar as reaS-m y peasible.
The Grantee shall maintain,War,ark keep In good ConGlion tar 0 beMd IN throe years all portions of streets ark allays dislurbod
Ord or its agents.The Grantee shall be responsible 10,any cbstrudhm in airy Street,alley it,other pudic place caused by firm the
operation and malndenanca of its prOparties ocatmng at any limo and Shall Pmmpty rerna•R such du^trucfi-.Any such obsimcl,m
which,after proper mice do Gmmda 50 da q mm"et not promptly removed by me Granted may be taken cam d by Me Gry
antl Me cGtS Per shall be charged against Grandee.For purposes of this Sec,m.Grande s above-gounel Iaollfss or oampomry
.-Shudi material,^.and avuipmanf shall not be considered an bbstruchee
Section a:Tefm Ol Famehlx and G—M.
Such right and authority,partnissinn and power ts hereby granted tar a lertn 01 10 ydaSlmm and aM1or ono dale OI ma final atcep-
t ned OI this Omm�anda by ma Compay,harem reletred to ae the primary ern,.T7ns Iramdsm wit a,rtomaridaly mnew,for succes-
vve paned.of ten(10)yea unless—send at Me ark of a temp by either party by w nonce to Me Omer party-lass man
180 calendar day.'pdnr tO me end of the primary term Or the then weem surcosvwe farm
n
Section 5:city Right m Inspeddon of Grantee's Plana.Accidents and Books-Gre'ne to Furnish Certain Maps.
Upon reasonable ad—.notice,the City shall nave access to GOlmee's rodents to the Moom nedes m sary to venty die addukY of
Me Fra ith—be payments reprY,etl Mrein dung me nwm9l bus-1 leurs of Grange.Th.Granada staff ki upon re mish, quest,
Me City with a-W I.act of rthaps,intlurhnq plans arid Profde of the dlsmbni-system of the Grantx ad any lunrre anensbns.
The City shall maka every ma,dnable effort to maintain Ism confdeniW ny 01 airy trade secrets w Omer prop-laity imorin M(such
az pmprierary maps ntl olha mapprg inlwrtW ace)pm ied pursuant to thus Soctmn uhelud,rg euac,nron of m data sharing agree,
mentwithGr tx.ArtymapsupPInKS1allnmbo—dlarlOCating gas faol'rlies win Me mtenl oleravaIng.PdwtoexWw4ng,me
City shall request fine Idea-per the Wwromens of Idaho Samdd.s Tine 55 Chapter 22 Underground Facilities Damage PehRnll-.
S.Odon 6:PaymamTO City And Filing Of Annual WdIRn Report MM The City
As COrrsidemfinn Mims Iranchise ark grant said Granted.its successors and assigns.during the frandho.period,shall pay to the
City I"percent(3°e)of the gross roterpls meeived from all solos of gas by Grantee widen me ompeme limits of the City through
use,
do—1 n or poSdassim OHMS firma and grill.
Such payments shall M made on a quarterly Oasts antl shop b.in Gail 019m/ark all otMriess,Cnages,hemses Or Iaads(other
Mn ad valamm taxes)rel'ed M easements,franrhi303,Mghis-O/ N�liy lions and equipment insmlWaan,manenanMe and
ronmvalduring ramtman o'M
a WbliG service powders Iranchksa with the Ciry wh Jh iha City may bnposa TonIna rights and pnvilr,gm5
hwpn granted or icr I.privilege of tiring busmws within me City.
The Giants.shall fde 30 days after the end at
each cabneor quarter with the City a repnn lair the pr.ceokng calendar eum.,
wtt'I t,Won shall Conan a 6latemem of all the gm..recalpts arising Imm sh selx IN gas by said Grantee within the City for the
calendar quarter predating such repon.and at the same time the Grunlx stall pay to me City the stipulated perCenlage OI the gill«
quarterly meeipts due for the calendar efume,which Said report is mad,and filed.
Sedefon 7:Grentx Uebillty-Indemmmca ion
I11
s etymssly understood and agreed by and between the Grantee and the City that the Gramee shall save the Gty harmless from
all loss sustained by the Ciry on aLtd,m1 of any wit jutlgmenL okocmion,clam or demand whafs0v✓a,resulting tram ne9ngenca on
the part Of the Grantee in the doostaketim,opemM1m or mamtanalea Ohio;gas System in the City.The City shall mlify Me greme9s
representative,n the City w,min Ion(10)days after me presents—al any claim or demand,either by sill or otherwise,made against
the City on adcdtm 01 ay negligence as aforesaid on me part of the Granted.Nothing herein shall ample Gmmea to save and hind
the City harmless to the well any loss sustained by the CM m reused by the ads,omissions,orneglg--OI the City its agents,
r.entor mfives.conlosclon,ofdors,d—fir d,employees,or other parries subject to its Nredbon«control.
Semen 8:InaurenCe
Upon a¢epdance,of this ImnMSo by Grantee and before Grantee shall have ay rights hereunder,Grantee shall file will the City
Clark a omihcete—denong the insuonca 01 the Gramee against property damage in an Amami del less man$500,000.00 and
bodity Injury with limits of not few than a500,000.00 per person and$1,000.000.00 bled for each occurmnce.Prroided,however,
the minimum finis of Insures ds as set kill hem,n shall be anwnarically ink sed at any lime Me liab,hty hill.of the City am
Inereased pursuant to the Idaho TOM Claims Acf(Idaho Cede Smcuon 6-901 rid.Seq.)or an,vmlaf Iegisl eon.
Seddon 9:Safety Regulation Complance
Gremasaml,comply w M and COnfnrm 10 all Salary mgul,l—pronedgated by Me United SWIS,Slade al klahq or.vy mgulalmy
be having junsdnnnn thereol.
Section 10:Agreement Not l0 Compete-Reserve W Ctty Power of Embem Domain
In—.demhon of Grated.uMmak,ng hereunder as evidenced by ks attoptance ht,mol the City agrom ntl to agage-.I.
he
husbess of dismousIg and seffmg gas during me life of Ibis IfancwS.w any a#onsion thereof m Nnpeminn wiM Me Gramee
Su.=or and assigns:bill-thing herein—M.shall as—M-1 or doomed to prevom fire City tram..skating al airy bane
airy power of eminent domain granted to it under Me laws of Me Slato of Idaho.
$salon H:Surmnder of Franchlx
In he cent nah,mt gas at ay lime shall coast,to be available to Grantee fa Me domb,,fion and sale hereunder,Grantee Made—
the right to su-Mar Ws irerxhise and in Me event OI such wnwder pnnr to arty ekpreftm Or fi-minstim of Ins Im erase,or in
any of s,toh awrtts,Grantee reserves to right M salvage all of its plant,wnla ark laciliUsS,and will restnm Citys Stred9 and alleys
damaged by Such salvage operation.
Seddon 12.Wnl@n ACcePlance
The Glare-shall within thirty(30)days after the pogo and PiMfica m Of this rem ands.file with Me City am,.accepli nce
Of this Ira ch".in writing signed by its proper dndors and ands ntl by as corporate seal.
Sedon 13:Pud6eatOn Coats
The Grant shall a5suma the cost of pudicalinn IN this frerrhtse as such publirefin¢requued bylaw.
Section 14:-,to--
Any normal woatim ,iL•by the Grantee vndee,lessee or successon,Or the p—s ons of Miss ordinance.franchise and gram or
arty maonal pmmns thereof or Me failure promptly to perform any of Me pre t visions ereof shall be taus.tar the fndelNm of this
Imnchi50 and gran and all rights hereunder should Grantee fail to cum such vkdah-within vary(60)calendar days of City+.pro-
vdmg Granted wrinen nnnce,whim shall be served upon Gmmse by registered mail m its Regien Director at 125B4 W Tybee Read,
Pmlollo,Idaho 83202 or it not maso-bly capable of bong cured wrMn v#y(60) M calOar days,wi thta such a.r e ha ionade
paned of time as the payees may agfee.TNs prOvisen shall-I prmort the Gramee Imm sudnit,ng such,question of 1ndeMte to
proper coin:Sapst nal'ifty
Section 15:$apaawgty
If airy pan or parts a or ordnance sham h al be 9 by the coons to be Pon or
a or iond 1. a same snail fit aided the
rato O of airy omen pan w pans tiered whirl,e r m given effect without ma Dart if pans been
to be t Sucin hhNmal or 1palk.
The Gry dadare.Mat it would nave Passed the fmka--Thing pans IN M.ordinance it t had been Imrnvn that sue,Omer part or parts
thereof—.to be declared unwastiNrenal or Mvafk.
Seddon 16:Repeal
All ordinaries,and pans or Ominaneas of City in ewham herewith shall be,and the sane,am hereby mpeafef.
Same,17:Nonflcatons
Whenever his Franchise calls for entice to Or-tificabm by any party,the same(unless oth,ry sw ally pnrwldw)shall be m
waling and directed to Me recipient at me address son loan M Mts Sermon,unfeas-ift-hide d change a address is pmvded
to I,e other pant.It the dale for making any payment or performing any are is a legal holiday,payment may be made.or Me set
performed-Me fie#succet,dng OUSiners day wt,kh is-f a legal holiday.Nnuces.hap he tlimced Ill the parties u Ostrava:
To me City: City Clerk
City of Lava Hot Springs
11 SWpm
lava Her Spring.,iD a3246
TOIGC: Region O,mdnr
Imormoumam Gas Company
12584il loan oad R
Px I,tlto ltlaho 83202
This Odmance shall take effeell and be in force on 7 tall g is passage.approval,and Pumpmin as requited by law,ant the
ee tinn of Me Vul deptame and Consent"by Grease.
DATED this Bill day of January.2026
CITY OF LAVA MOT SPRINGS
s
Vicky Lyon
Mayes
ATTESFI
Amanda Serra
Gry Gmnc
ACCEPTANCEANDCONSENT
INTERMOUNTAIN GAS COMPANY,as the frafth see and'Gramled in the on.1mmee set bat abnwe,accepts Ina Irarchele sat
to Heroin at the time of Grantees exxvtin.aide agrees a abide Dy the items.and COMdmnS therms,$peol'daly fad prr5uand
l0 I.C.§5()..32gA),IGC CODSem510 he dome percent(3%)1mncNse fee assessed by Ina City pursuant to this ominares.
DATED
iris 14th day of January,2026
BYdsl__—__—
End xplide
Rs:VP.Field Operations a chsfimer Eaperleneeca
PUM1ahM:January 21s1L 2026(ISJ903.708882)
ORDINANCE NO. 2026-1
AN ORDINANCE OF THE CITY OF PAUL, 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 PAUL, 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 Paul, 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 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 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 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 of Paul, Idaho
Attn: City Clerk
152S600W
Paul, ID 83347
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise, Idaho 83709
This Ordinance shall take effect and be in force on January 14, 2026, following its passage,
approval, and publication as required by law, and the execution of the "Acceptance and Consent"
by Grantee.
DATED this I 4li day of L- CL F 2026
CITY OF PAUL
Brent Stimpson, Mayor
ATTEST:
LOC),a6'A o
ura Washington, 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 (31,-o) franchise fee assessed by the City pursuant to this ordinance.
DATED this 21 st day of January 20 26
By: Eric Martuscelli
Its: VP, Field Operations & Customer Experience
ORDINANCE NO. Q
AN ORDINANCE OF THE CITY OF SHELLEY, IDAHO, GRANTING TO
INTERMOUNTAIN GAS COMPANY A 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 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 MAYORAND COUNCIL OF SHELLEY, 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 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 Shelley, 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 fiends 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 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 al l 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 Tott 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 Holl ipark Drive, Idaho Falls, Idaho 83405or 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
specialty 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 Shelley
101 S Emerson Ave.
Shelley, Idaho 83274
To IGC: Region Director
Intermountain Gas Company
1527 Hollipark Drive
Idaho Falls, Idaho 83405
This Ordinance shall take effect and be in force on February 14, 2026 following its passage,
approval,and publication as required by law, and the execution of the"Acceptance and Consent"
by Grantee.
DATED this H05_day of O-v\• ,2026
CITY OF SHELLEY
Kim Wester , :,.Mayor
ATTEST:
AisaBarra, 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 29th day of January 12026
By: Eric Martuscelli
Its: VP,Field Operations&Customer Experience
ADVERTISING INVOICE
FPR7 H I Ej 1:1:1:E12S0N APG West Payment
iNE CNAll15
RW RI•AtxtPr STAR e`►�n�f� PO Box 1i570
r Pocatello, ID 83204
Ph. (208) 542-6712
BILLING DATE: ACCOUNT NO:
02/03/26 14967
INTERMOUNTAIN GAS
PO BOX 51220
IDAHO FALLS, ID 83405
AD# DESCRIPTION START STOP TIMES AMOUNT
713953 ORDINANCE NO. 668 AN 02/06/26 02/06/26 4 $504.20
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$504.20
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$504.20
We Appreciate Your Business!
713953
AD#713953AD#
ORDINANCE NO.668
AN ORDINANCE OF THE CRY OF SHELLEY,IDAHO,GRANTING TO INTERMOUNTAIN GAS COMPANY A 20 YEAR El(TEN.
SION TO ITS FRANCHISE TO CONSTRUCT,MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM;
PROVIDING FOR THE USE OF STREETS AND ALLEYS,AND RUI ES GOVERNING THE SAME,SUBJECTING THE GRANTEE
TO ALL POWERS OF THE CRY;SETTING FORTH THE RULES OF THE FRANCHISE AND GRANT;PROVIDING FOR THE
RIGHT OF INSPECTION BY THE CRY OF GRANTEE'S PLANS,ACCOUNTS,AND BOOKS;REWIRING GRANTEE TO FUR.
NSH CERTAIN MAPS;SETTING FORTH THE QUARTERLY PAYMENT TO THE CRY,AND THE FILING OF ANNUAL REPORTS
WITH THE CITY;REQUIRING GRANTEE TO INDEMNIFY CRY,AND FILE EVIDENCE OF INSURANCE;REWIRING COM-
PLIANCE WITH SAFETY REGULATIONS;SETTING FORTH AN AGREEMENT NOTTO COMPETE,RESERVING POWER OF
EMINENT DOMAIN;PROVIDING FOR SURRENDER OF FRANCHISE;GRANTING RIGHTTO SALVAGE;REQUIRING WRnTEN
ACCEPTANCE;PROVIDING FOR CONSENT TO SALE,ASSIGNMENT OR LEASE;PROVIDING FOR PAYMENT OF PUBLICA-
TION COST;SETTING FORTH PENALTIES AND FORFEITURES,SEPARABILITY AND REPEAL
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF SHELLEY,IDAHO;
Section 1:Grant of Authority.
There is hereby granted to Intermountain Gas Company,a comoration,its successars antl assigns(hereinafter rollecGvely retained
to az"Grantee')a 20 year extension b the right and authority to construct,install,maintain and operate a gas transmission and dis-
Inbulion system,including mains,pipes,conduils,services antl other necessary audid.res and applianc s appertaining in,under,
upon,over,across and along the sheets,alleys,bridges and public places within the present and future corporals linils of the City
of Shelley,Idaho(hereinafter referred to az"City m)[of the furnishing,transmission,distribution and sale of gas,whether artificial,
natural,mixed Or otherwise,for heating,domeshc,Industrial and other purposes and far transmitting gas into,through and beyond
wild City.The City represents that it has the sale pourer and authority tO make this grant of authority and agrees b notify Grantee in
venting it the City shwid cease to have this power.
Seatlon 2:Use of Slreels and Rules Goveming the Same.
Grantee shall secure a pandit for any opening it shall make in the streets,allays and public places in the City and shall he 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 pudic places without a peril if an emergency exists requiring the immediate repair of fadlifiaz.The location or
relocation of all facilities shall be made under the supervision antl with me approval of such representatives az the gwaming body
of the City may designate for such purpose,but not so az unreasonably to inladate with the proper operating of Grenlees lacililiea
and service.Whenever the City shall pave or repave any street or shall change the grade or line of any street or pudic Place or shall
construct or m anslruct any conduit,water main,sewer or water connection or other dry public works or city utility,it shall be the
duty of the Grantee when so ordered by the City to change its mains,services antl other property in the stleah or pudic places at
its awn expense w as to conform to the ambished grade Or line of such street or public place and w as not to interfere with the
mMuits,sewers and other mains of the City as constructed or reconstructed;however,the G names,shall no l be required to relocate
pipes,mains and appurtenances when the street,allay or public ground in which they are boated Is vacated for the convenience of
soul property,owners and not az an incident b the public improvement,unless the reasonable cost of such relocation arW the
loss and expenses resulting n orelmm is first paid to Grantee.The City will avaitl the need for such moving or changi g whenever
possible.In the went Federal,Stale or other funds are available in whole or in part for utility rebcaling purposes,the City shall apply
far such funds and the Gmnlee will be reimbursed to the extent any such funds are actually obtained.
Seatlon 3:Grantee Subject to All Powers of City Rules Gweming Repair and Reconstruction of Streets.
The ezerow or pdNteges herein grantetl shall be subject at all limes to all of[he powers of Ins City and all regulatory ordinances
adopted pursuant themto.The Grantee shall not unnecessarily Or unreasonably obstruct the use Of or tlamage any street or alley
and shall within a reawnable time and as early as practicable upon completion of any cnnstm a_ '
repair work,restore all City
streets and allays to the same order and condition as they were before the excavation was made idrafar 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 responable for any obstruction in any street,alley or other public place caused by it in the
operation and maintenance of its properties Otto ring at any time and shall promptly remove such obstrucion.Any such obstruction
which,after proper notice to Grantee die rid rig removal is not promptly removed by the Grantee may be taken care of by the City
and the costs thereof shall be charged against Grenlee.For purposes OI this Section,Grantees alround faciklies or temporary
construction materials and equipment shall not be considered an"Wsiructiorf.
Section 4:Term of Franchise and Grant.
Such nghl and authority,permission and power is hereby granted for a torn of 20 years Iran and Marine data of the Anal accep-
lance of this Ordinance by the Company,herein refened to es the primary tar.This franchise will automatically renew for succes-
st"wrods of ten(I 0)years unless canceled al the end of a ter by either party by written notice to the other party no less than
180 calendar days prior'to the end of the primary lam or the then current successive ter.
SectI 6:City Right to Inspection of Grantee's Plans,Accounts and Books-Grantee to Fumish Certain Maps.
upon rea—able edyance notice,the Cily shall have ,,to Grantee's records to the extent necessary to verity,the acoumty of
the Franchise lam paym ents required herein during the normal business hours of Grantee.Th,s Grantee shall fumish,upon request,
the City with a complete set of maps,including plans and profile Of the distribution,system OI the Grantee and any future extensions.
The City shall make every reasmaba aBoff to maintain[he confiden bality Of any trade secrets or Oth er proprietary inforalion(such
as proprietary maps and Othermappin;formation)provided pursuant to this Section,inclutlingexecviiodofadalasharingagrec-
ment with Grantee.Any map supplied shall not ba used for locating gas facilities with the intent of excavating.Prior Io exceyeting,the
City shall toques!line locales per the requirements Of Idaho Statutes Tide 55 Chapter 22 Underground Facilisea Damage Prwention.
$ectlten 6:Payment Tte City And Fling Of Amwal Written Report Wth Tha Cfty
As consideration for this franchise and grant said Grantee,ils-successors antl assigns,during the franchise period,shall pay to the
City three percent(3%)OI the gross receipts received from all sales of gas by Grantee within the corporals limes of the City through
e,operation or possession of this franchise and grant.
Such payments shall be made an a quarterly basis and shall be in lieu of any and all other lee ns s,charges,Iicaas or taxes(other
than ad reform,sixes)related to easements,franchises,rights-of way,utility lines and equipment idstattation,maintenance and
amoral during the tom of the pubic service orovitlers'Iranchis.with tha City which the City may impose for the rights and pwleges
herein gr��led or for the pmilega of tieing 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[he City for the
calendarquaner preceding such report,and at the same time the Granlee shall pay to the City the stipulalotl Percentage of the gross
quanerry receipts due for the calendar quarter which said report is made and filed.
Section 7:Grantee Liability-Indemnification
11 is expressly undersloed and agreed by and between the Grantee and the City that the Grantee shill save the City hamless hom
all loss sustained by the City on munlolanysuit,judgment,execution,claim ordemand whalsoavel,resulting Imm negligence on
the part OI the Grantee in the construction.operation Or maintenance of its gas system in the Cily.The City shall notify the grenlee's
representative in the City within for(10)days after Iha presentation of any claim ordemand,either by wit or otherwise,made against
the City on accrounl Of any negligence as aforesaid on the ppaan Of the Grantee.Nothing herein shall require Grantee to save and hold
the City hamals-Ira the extent any loss sustained by the City is caused by the acts,omissions,or negligence of the City its agents,
mprmsmlativaz,conlrwin,,cffim,,directors,employees,oro[her patties subjwt to its direction or cwtml.
See on B:Insurance
Upon acceptance of this(—his.by Grantee and before Grantee shall have any rights hereunder,Grantee shall file with the CRY
Clerk a cor Boole 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 OI insurance as set forth herein shall be auloma[icaily increased at any time the liability limits of the City are
increased pursuant to the Idaho Ton Claims Act(Idaho Cede Section 6-901 at.seq.)or any similar legislation.
Section 9:Safely Regulation Compliance
Grantee shall comply with and conlam to all safety regulations promulgated by the United Slates,State of Idaho,army regulatory
body having junsdlction thereof.
Sectlten 10:Agreement Not to Compete-Resene to City Power of Eminent Domain
In consideration of Gran lees undertaking hereunder as evidenced by its acceplance hereof the City agrees not to en in the
business of distributing and selling gas during the life of this franchise or any extensron thereof in compeetiod with the Grantee,its
antl assigns;but nothing herein contained shall be conshued or deemed to prevent the City Imo exercising at any time
any power of ade aril domain granted to it under the laws of the Stale of Idaho.
Section 11:Surrender of Franchise
In the event natural gas at any timese shall cea 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[his 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
dec by sunae Operation
12:Wmftsaaa:ap .
lance
The Grantee shall within thirty(30)days after[he passage and publicaion of this ordinance,file with the City Clark its wcaplance
of this franchise in writing signed by its proper officers antl awaked by its corporate seal.
Section 13:Publication Costs
The Granters shall assume the cost of pudiwlian of Nis Imnchise as such publication is required bylaw.
Smitten 14:Fodeilure
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 prowsions thereof shall be cause for the forfeiture of this
franchise and gmnl and all rights hereunder should Grantee fail to cure such violation within sixty(60)calendar days of Clys pm-
vitling Grantee written notice,which shall be served upon Grantee by registered mail an its Region Director at 1527 H011ipark Dnve,
Idaho Falls,Idaho 83405Or if not reasonably capable Of being cured within sixty(60)calendar days,within such other reasonable
period of time as the parties may agree.Thus prowson shall not prevent the Grantee tram submift,ng such questiar of lodeifure to
proper court da undrnahon.
Section 15:Separability
If any pan Or pans of this Ordinance shall be adjudged by the courts to be unconsillutional Or invalid,the same shall not affect the
validity of any artier part or pans hereof which can be given effect without[he pan or parts adjudged to be uncons[itutienal or irwaiid.
Thai City declares Ihal it would have passed the remaining parts Of this ordinance if it had been known that such Other pan Or pans
thereof would be declared unctenslilulionai or in,d.
Smitten 16:Repeal
All ordinances and Paris or ordinances of City in conflict herevnth shall be,and the same are hereby repealed.
Section I Natihwlians
Whenever this Franchise calls for nchce b or nOhficalion by any party,the same(unless otherwise specially provided)shall be in
writing and directed to the recipient at the address set lash in this Section,unless written notice of change of address is provided
to the other party.II the dale for making any payment or performing any act is a legal holiday,payment may be made,or the ad
performed on the next succeeding business day which is not a legal holiday.Notices shall be directed to the parties as(blows:
TO ate City: To JGC:
Ci y Clark
City of Shelley
101 S Emerson Ave.
Shelley,Idaho 03274
TO:IGC Region Director
Intermountain Gas Company
1527 Hollipark Drive
Idaho Falls,Idaho 83405
This Ordinance shall lake effect and be in tome on February 14,2026 following its passage,approval,and publication as required
by law,and the execution of the"Acceptance and Conserilby Grantee.
DATED this 1411,day of January,2026
CRY OF SHELLEY
/iV
Ism Weslerl
ATTEST s Meyter
Lisa VOerm
CryCak
ACCEPTANCE ANDGAS NS
COMPANY
INTERMOUNTAIN GAS COMPANY,as the band ofir and'Gm.by in the ortlinance eel ons above,Specific Ire adpufranchise eel
forth therein al Iha lime of Grantees he In me
p and agrees to chi a by Ilse terms and conditions thereof.Specifically(and pursuant
to
I.C.§ this 29th IGC consents b the three percent(3%)franchise lea assessed by the City pursuant to This aroinance.
DATED this 29Ih day of January,2026
ByIN
Eric MarNselli
IN:VP,Feld Operations 6 Customer Experience
Published:February 6th,2026(PRnSJ14967-713953)
ORDINANCE NO. 721
AN ORDINANCE OF THE CITY OF SODA SPRINGS, IDAHO, GRANTING TO
INTERMOUNTAIN GAS COMPANY A TEN 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 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 SODA SPRINGS,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 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 Soda Springs, 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, at the City's
discretion, apply for such funds if the application process is not too onerous on the City, 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 tenyears 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,
subject to state public records law.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 $5,000,000.00 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. The City shall be named as an additional
insured on any insurance policy required of the Grantee.
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: Sale or Assignment of Franchise
No sale or assignment of this franchise shall be effective until it is approved by the City, which
approval shall not be unreasonably withheld, conditioned, or delayed, provided however, that
nothing herein contained shall be construed as to require consent or to prevent the Grantee of this
franchise and grant from including it in a mortgage or trust deed executed for the purpose of
obtaining money for corporate objects.
Section 14: Publication Costs
The Grantee shall assume the cost of publication of this franchise 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 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 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 Soda Springs
9W2ndS
Soda Springs, Idaho 83276
To IGC: Region Director
Intermountain Gas Company
12584 W Tyhee Road
Pocatello,Idaho 83202
This Ordinance shall take effect and be in force on January 1, 2025, following its passage,
approval, and publication as required by law, and the execution of the"Acceptance and Consent"
by Grantee.
DATED this 17th day of December, 2025
CITE'OF SODA SPRINGS
Austin Robinson, Mayor
ATTEST: .���`''DFA''/.,�
.� Ws,
' 111 I �"�"�j �V�/yV•• s�V/�
Andrea Hader.- 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. S 50-329A), IGC consents
to the three percent(3%) franchise fee assessed by the City pursuant to this ordinance.
DATED this 26th day of December .20 25
By: Eric Martuscelli
Its:VP, Field Operations & Customer Experience
Column
OFFICIAL AD PROOF
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below. If changes are needed, please contact us prior to deadline at (208) 766-4773.
Notice ID:eOtzPwGllHz8y0v4JcYf I Proof Updated:Jan.08,2026 at 09:51am MST
Notice Name:#1194
See Proof on Next Page
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subject to change.You will receive an invoice with the final
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FILER FILING FOR
Andrea Haderlie Idaho Enterprise Caribou
andreah@sodaspringsid.com
(208)547-2600
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01/15/2026:Public and Legal Notice Notice 359.92
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Total $433.11
#1194- Page 1 of 4
ORDINANCE NO.721 writing if the City should cease to have this Grantee shall not unnecessarily or unrea-
AN ORDINANCE OF THE CITY OF SODA power. sonably obstruct the use of or damage any
SPRINGS.IDAHO,GRANTING TO IN- Section 2:Use of Streets and Rules Gov- street or alley and shall within a reason-
TERMOUNTAIN GAS COMPANY A TEN erning the Same. able time and as early as practicable upon
YEAR EXTENSION TO ITS FRANCHISE TO Grantee shall secure a permit for any completion of any construction or repair
CONSTRUCT, MAINTAIN AND OPERATE opening it shall make in the streets.alleys work,restore all City streets and alleys to
A GAS TRANSMISSION AND DISTRIBU- and public places in the City and shall be the same order and condition as they were
TION SYSTEM;PROVIDING FOR THE USE subject to all applicable ordinances,but before the excavation was made insofar
OF STREETS AND ALLEYS,AND RULES no fee shall be required of Grantee for any as reasonably possible.The Grantee shall
GOVERNING THE SAME.SUBJECTING such permit.Grantee may,however.open maintain,repair and keep in good condi-
THE GRANTEE TO ALL POWERS OF THE or disturb the streets.alleys,and public tion for a period of three years all portions
CITY;SETTING FORTH THE RULES OF places without a permit if an emergency of streets and alleys disturbed by it or its
THE FRANCHISE AND GRANT; PROVIDING exists requiring the immediate repair of agents.The Grantee shall be responsible for
FOR THE RIGHT OF INSPECTION BY THE facilities.The location or relocation of all any obstruction in any street,alley or other
CITY OF GRANTEE'S PLANS.ACCOUNTS. facilities shall be made under the supervi- public place caused by it in the operation
AND BOOKS;REQUIRING GRANTEE sion and with the approval of such repre- and maintenance of its properties occurring
TO FURNISH CERTAIN MAPS;SETTING sentatives as the governing body of the at any time and shall promptly remove such
FORTH THE QUARTERLY PAYMENT TO City may designate for such purpose,but obstruction.Any such obstruction which.
THE CITY.AND THE FILING OF ANNUAL not so as unreasonably to interfere with the after proper notice to Grantee demanding
REPORTS WITH THE CITY;REQUIRING proper operating of Grantee's facilities and removal is not promptly removed by the
GRANTEE TO INDEMNIFY CITY,AND FILE service.Whenever the City shall pave or Grantee may be taken care of by the City
EVIDENCE OF INSURANCE;REQUIRING repave any street or shall change the grade and the costs thereof shall be charged
COMPLIANCE WITH SAFETY REGULA- or line of any street or public place or shall against Grantee.For purposes of this
TIONS;SETTING FORTH AN AGREEMENT construct or reconstruct any conduit,water Section,Grantee's above-ground facilities
NOT TO COMPETE,RESERVING POWER main,sewer or water connection or other or temporary construction materials and
OF EMINENT DOMAIN:PROVIDING FOR city public works or city utility,it shall be the equipment shall not be considered an`ob-
SURRENDER OF FRANCHISE;GRANT- duty of the Grantee when so ordered by the struction".
ING RIGHT TO SALVAGE:REQUIRING City to change its mains,services and other Section 4:Term of Franchise and Grant.
WRITTEN ACCEPTANCE;PROVIDING FOR property in the streets or public places at Such right and authority,permission and
CONSENT TO SALE.ASSIGNMENT OR its own expense so as to conform to the power is hereby granted for a term of
LEASE:PROVIDING FOR PAYMENT OF established grade or line of such street or tenyears from and after the date of the final
PUBLICATION COST;SETTING FORTH public place and so as not to interfere with acceptance of this Ordinance by the Com-
PENALTIES AND FORFEITURES,SEPARA- the conduits,sewers and other mains of pany.herein referred to as the primary term.
BILTTY AND REPEAL the City as constructed or reconstructed; This franchise will automatically renew for
BE IT ORDAINED BY THE MAYOR AND however,the Grantee shall not be required successive periods of ten(10)years unless
COUNCIL OF SODA SPRINGS,IDAHO. to relocate pipes,mains and appurtenances cancelled at the end of a term by either
Section 1:Grant of Authority. when the street,alley or public ground in party by written notice to the other party
There is hereby granted to Intermountain which they are located is vacated for the no less than 180 calendar days prior to the
Gas Company.a corporation,its succes- convenience of abutting property own- end of the primary term or the then current
sors and assigns(hereinafter collectively ers and not as an incident to the public successive term.
referred to as"Grantee")a ten year exten- improvement,unless the reasonable cost of Section 5:City Right to Inspection of
sion to the right and authority to construct, such relocation and the loss and expenses Grantee's Plans.Accounts and Books-
install,maintain and operate a gas trans- resulting therefrom is first paid to Grant- Grantee to Furnish Certain Maps.
mission and distribution system,includ- ee.The City will avoid the need for such Upon reasonable advance notice,the City
ing mains,pipes,conduits,services and moving or changing whenever possible. shall have access to Grantee's records to
other necessary structures and appliances In the event Federal,State or other funds the extent necessary to verify the accuracy
appertaining in,under.upon,over across are available in whole or in part for utility of the Franchise fee payments required
and along the streets,alleys,bridges and relocating purposes.the City shall,at the herein during the normal business hours of
public places within the present and future City's discretion,apply for such funds if the Grantee.The Grantee shall furnish,upon re-
corporate limits of the City of Soda Springs. application process is not too onerous on quest.the City with a complete set of maps,
Idaho(hereinafter referred to as"City")for the City,and the Grantee will be reimbursed including plans and profile of the distribu-
the furnishing,transmission,distribution to the extent any such funds are actually tion system of the Grantee and any future
and sale of gas,whether artificial.natural, obtained_ extensions.The City shall make every rea-
mixed or otherwise,for heating,domes- Section 3:Grantee Subject to All Powers of sonable effort to maintain the confidentiality
tic,industrial and other purposes and for City Rules Governing Repair and Recon- of any trade secrets or other proprietary
transmitting gas into,through and beyond struction of Streets. information(such as proprietary maps and
said City.The City represents that it has the The exercise of privileges herein grant- other mapping information)provided pur-
sole power and authority to make this grant ed shall be subject at all times to all of suant to this Section,including execution
of authoritv and agrees to notifv Grantee in the powers of the City and all regulatory of a data sharing agreement with Grantee,
ordinances adopted pursuant thereto.The subject to state public records law.Any
#1194- Page 2 of 4
map supplied shall not be used for locating sentatives,contractors,officers,directors. No sale or assignment of this franchise shall
gas facilities with the intent of excavating. employees,or other parties subject to its be effective until it is approved by the City,
Prior to excavating,the City shall request direction or control. which approval shall not be unreasonably
line locates per the requirements of Idaho Section 8:Insurance withheld,conditioned,or delayed,provided
Statutes Title 55 Chapter 22 Underground Upon acceptance of this franchise by however,that nothing herein contained shall
Facilities Damage Prevention_ Grantee and before Grantee shall have be construed as to require consent or to
Section 6:Payment To City And Filing Of any rights hereunder,Grantee shall file prevent the Grantee of this franchise and
Annual Written Report With The City with the City Clerk a certificate evidenc- grant from including it in a mortgage or trust
As consideration for this franchise and ing the insurance of the Grantee against deed executed for the purpose of obtaining
grant said Grantee,its successors and property damage in an amount not less money for corporate objects.
assigns,during the franchise period,shall than$5.000.000.00 for each occurrence. Section 14:Publication Costs
pay to the City three percent(3%)of the Provided,however,the minimum limits of The Grantee shall assume the cost of publi-
gross receipts received from all sales of gas insurance as set forth herein shall be auto- cation of this franchise as such publication
by Grantee within the corporate limits of the matically increased at any time the liability is required by law.
City through use.operation or possession limits of the City are increased pursuant to Section 15:Forfeiture
of this franchise and grant. the Idaho Tort Claims Act(Idaho Code Sec- Any material violation by the Grantee,
Such payments shall be made on a quar- tion 6-901 et.seq.)or any similar legislation. its vendee,lessee or successors of the
terly basis and shall be in lieu of any and all The City shall be named as an additional provisions of this ordinance,franchise and
other fees,charges,licenses or taxes(other insured on any insurance policy required of grant or any material portions thereof or
than ad valorem taxes)related to ease- the Grantee. the failure promptly to perform any of the
ments,franchises,rights-of way,utility lines Section 9:Safety Regulation Compliance provisions thereof shall be cause for the
and equipment installation,maintenance Grantee shall comply with and conform to forfeiture of this franchise and grant and
and removal during the term of the public all safety regulations promulgated by the all rights hereunder should Grantee fail to
service providers'franchise with the City United States.State of Idaho,or any regula- cure such violation within sixty(60)calendar
which the City may impose for the rights tory body having jurisdiction thereof. days of City's providing Grantee written
and privileges herein granted or for the priv- Section 10:Agreement Not to Compete— notice,which shall be served upon Grantee
ilege of doing business within the City. Reserve to City Power of Eminent Domain by registered mail on its Region Director
The Grantee shall file 30 days after the end In consideration of Grantee's undertaking at 12584 W Tyhee Road.Pocatello.Idaho
of each calendar quarter with the City a hereunder as evidenced by its acceptance 83202.or if not reasonably capable of being
report for the preceding calendar quarter, hereof the City agrees not to engage in cured within sixty(60)calendar days,within
which report shall contain a statement of the business of distributing and selling such other reasonable period of time as
all the gross receipts arising from all sales gas during the life of this franchise or any the parties may agree.This provision shall
of gas by said Grantee within the City for extension thereof in competition with the not prevent the Grantee from submitting
the calendar quarter preceding such report. Grantee.its successor and assigns:but such question of forfeiture to proper court
and at the same time the Grantee shall pay nothing herein contained shall be construed determination.
to the City the stipulated percentage of the or deemed to prevent the City from exer- Section 16:Separability
gross quarterly receipts due for the calen- cising at any time any power of eminent If any part or parts of this ordinance shall
dar quarter which said report is made and domain granted to it under the laws of the be adjudged by the courts to be unconsti-
filed. State of Idaho. tutional or invalid,the same shall not affect
Section 7:Grantee Liability-Indemnifica- Section 11:Surrender of Franchise the validity of any other part or parts hereof
tion In the event natural gas at any time shall which can be given effect without the part
It is expressly understood and agreed by cease to be available to Grantee for the or parts adjudged to be unconstitutional or
and between the Grantee and the City distribution and sale hereunder,Grantee invalid.The City declares that it would have
that the Grantee shall save the City harm- reserves the right to surrender this fran- passed the remaining parts of this ordi-
less from all loss sustained by the City on chise and in the event of such surrender nance if it had been known that such other
account of any suit,judgment,execution, prior to any expiration or termination of this part or parts thereof would be declared
claim or demand whatsoever,resulting from franchise.or in any of such events,Grant- unconstitutional or invalid.
negligence on the part of the Grantee in the ee reserves the right to salvage all of its Section 17:Repeal
construction,operation or maintenance of plant,works and facilities,and will restore All ordinances and parts or ordinances of
its gas system in the City.The City shall no- City's streets and alleys damaged by such City in conflict herewith shall be,and the
tify the grantee's representative in the City salvage operation. same are hereby repealed.
within ten(10)days after the presentation of Section 12:Written Acceptance Section 18:Notifications
any claim or demand,either by suit or oth- The Grantee shall within thirty(30)days Whenever this Franchise calls for notice
erwise,made against the City on account after the passage and publication of this to or notification by any party,the same
of any negligence as aforesaid on the part ordinance.file with the City Clerk its ac- (unless otherwise specially provided)shall
of the Grantee.Nothing herein shall require ceptance of this franchise in writing signed be in writing and directed to the recipient
Grantee to save and hold the City harmless by its proper officers and attested by its at the address set forth in this Section,
to the extent any loss sustained by the corporate seal. unless written notice of change of address
City is caused by the acts.omissions.or Section 13.Sale or Assignment of Fran- is provided to the other parry.If the date for
negligence of the City its agents.repre- chise making any payment or performing any act
#1194- Page 3 of 4
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 Soda Springs
9W2ndS
Soda Springs,Idaho 83276
To IGC: Region Director
Intermountain Gas Company
12584 W Tyhee Road
Pocatello,Idaho 83202
This Ordinance shall take effect and be in
force on January 1,2025,following its pas-
sage,approval,and publication as required
by law,and the execution of the"Accep-
tance and Consent"by Grantee.
DATED this 17th day of December,2025
CITY OF SODA SPRINGS
Austin Robinson.Mayor
ATTEST:
Andrea Haderlie,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 execu-
tion,and agrees to abide by the terms and
conditions thereof.Specifically(and pursu-
ant to I.C.§50-329A), IGC consents to the
three percent(3%)franchise fee assessed
by the City pursuant to this ordinance.
DATED this 26 day of December,2025
By:Eric Martuscelli
Its:VP,Field Operations&Customer Expe-
rience
Publishing:1/15/2026
#1194- Page 4 of 4
J_ urnals Receipt
o :............
help@column.us Receipt number
Invoice number 6F18CD740041
Date paid Jan 10,2026
Payment method VISA-6016
Notice Id eOtzPwG11Hz8yOv4JcYf
Publisher Idaho Enterprise Caribou
Paid by
Intermountain Gas Company
$433.11 paid on Jan 10, 2026
===Notes ===
Notice Name:#1194
Description Qty Unit price Amount
01/15/2026:Public and Legal
1 359.92 359.92
Notice Notice
S u btota 1 $359.92
Tax 0.00
Processing Fee 73.19
Amount paid $433.11
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