HomeMy WebLinkAbout20260701Tariff Advice No. INT-TAG-26-02.pdf AINTERMOUNTAIN'
GAS COMPANY
A Subsidiary of MDU Resources Group,Inc.
In the Community to Serve'
July 1, 2026
Monica Barrios-Sanchez
Commission Secretary
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074
RE: Case No. INT-TAG-26-02, Intermountain Gas Company
Dear Ms. Barrios-Sanchez:
Enclosed for filing with this Commission is a copy of Intermountain Gas Company's
("Company") proposed revisions to Rate Schedule FT.
The proposed revisions to Rate Schedule FT reflect new ordinance numbers for the cities
Listed in the table below.The table also provides an overview of the executed agreements,
which are attached.
City Ordinance Date Date Start Date End Date Term
No. Approved Approved
by City by
Company
Declo 223 06/11/2026 06/16/2026 06/20/2026 06/19/2046 20 years
Garden City 1066-26 06/22/2026 06/29/2026 06/29/2026 06/28/2046 20 years
Meridian 26-2123 04/21/2026 04/08/2026 05/21/2026 05/20/2046 20years
Montpelier 690 05/03/2026 06/15/2026 06/3/2026 06/02/2046 20 years
Pocatello 3179 06/18/2026 06/18/2026 06/24/2026 06/23/2046 20 years
The franchise fee for each city remains unchanged at three percent.
The Company requests that the proposed revisions to Rate Schedule FT become effective
August 14, 2026.
Case No. INT-TAG-26-02 Page 2 of 2
If you have any questions, please feel free to contact Jennifer Gross at (509) 975-9473.
Sincerely,
Is/Michael Parvinen
Michael Parvinen
Director, Regulatory Affairs
Intermountain Gas Company
555 S. Cole
Boise, Idaho 83709
michael.parvinen@cngc.com
Enclosures
I.P.U.C. Gas Tariff
Rate Schedules
Fifteenth Revision Sheet No. 15 ( Page 1 of 1)
Name Intermountain Gas Company
of Utility y
Rate Schedule FT
FRANCHISE FEE/TAX ADJUSTMENT
APPLICABILITY:
To all charges for natural gas service rendered within the jurisdiction imposing a fee, tax, or charge
as provided in Section A, paragraph 4.4 of the Company's General Service Provisions.
ADJUSTMENT:
The rates and charges shall be increased by an adjustment equivalent to the amount of the charge
imposed by the jurisdiction. The following cities charge a 3% franchise fee:
CITY ORDINANCE NO. CITY ORDINANCE NO.
Aberdeen 351 Kuna 2023-05
American Falls 628 Lava Hot Springs 2025-007
Ammon 463 Lewisville 2025-2
Arimo 4 Malta 28
Bancroft 312 McCammon 536
Basalt 125 Menan 396
Bellevue 2025-05 Meridian 26-2123
Blackfoot 2140 Middleton 532
Boise 7-26 Montpelier 690
Buhl 981 Mountain Home 1064
Burley 1210 Murtaugh 24-02
Caldwell 3036 Nampa 2006
Chubbuck 849 New Plymouth 170
Declo 223 Parker 72
Eagle 715 Parma 579
Emmett 02025-05 Paul 2026-1
Filer 649 Payette 961
Firth 131 Pocatello 3179
Fruitland 358 Rexburg 954
Garden City 1066-26 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
I.P.U.C. Gas Tariff IDAHO PUBLIC UTILITIES COMMISSION
Rate Schedules Approved Effective
FourteenthT Fifteenth Revision Sheet No. 15 ( Page 1 of 1)
April 30, 2026 May 1, 2026
Name of Utility Intermountain Gas Company Commission Secretary
Rate Schedule FT
FRANCHISE FEE/TAX ADJUSTMENT
APPLICABILITY:
To all charges for natural gas service rendered within the jurisdiction imposing a fee, tax, or charge
as provided in Section A, paragraph 4.4 of the Company's General Service Provisions.
ADJUSTMENT:
The rates and charges shall be increased by an adjustment equivalent to the amount of the charge
imposed by the jurisdiction. The following cities charge a 3% franchise fee:
CITY ORDINANCE NO. CITY ORDINANCE NO.
Aberdeen 351 Kuna 2023-05
American Falls 628 Lava Hot Springs 2025-007
Ammon 463 Lewisville 2025-2
Arimo 4 Malta 28
Bancroft 312 McCammon 536
Basalt 125 Menan 396
Bellevue 2025-05 Meridian 46226-2123
Blackfoot 2140 Middleton 532
Boise 7-26 Montpelier 5-93690
Buhl 981 Mountain Home 1064
Burley 1210 Murtaugh 24-02
Caldwell 3036 Nampa 2006
Chubbuck 849 New Plymouth 170
Declo 4--x3223 Parker 72
Eagle 715 Parma 579
Emmett 02025-05 Paul 2026-1
Filer 649 Payette 961
Firth 131 Pocatello 28023179
Fruitland 358 Rexburg 954
Garden City 849 061066-26 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.
AN ORDINANCE OF THE CITY OF DECLO, 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 DECLO, 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 Declo, 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 con.fonn 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.. In the event
Federal, State or other third party funds are awarded to the City in whole or in part for utility
relocating purposes for a project, the Grantee will be reimbursed to the extent any such funds are
actually obtained for the project.
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 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 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 Fiunish
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 -Indenuiification
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 thirty (30) 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 amo-ant 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 1-5: 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 Cinda Barber
25 East Main Street
Declo, ID 83323
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise,Idaho 83709
This Ordinance shall take effect and be in force on June 20, 2026, following its passage, approval,
and publication as required by law,and the execution of the"Acceptance and Consent"by Grantee.
DATED this day of 2026
CITY OF D CLO
Lance Osterhout, Mayor
ATTEST:
c
G
Cinda Barker, 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(30io) franchise fee assessed by the City pursuant to this ordinance.
DATED this 16th day of June , 20 26
By: Eric Martuscelli
Its: VP, Field Operations & Customer Experience
ORDINANCE NO. 1066-26
BY THE COUNCIL: CARVER-HERBERT, JORGENSEN, PAGE, AND RASMUSSEN
AN ORDINANCE OF THE CITY OF GARDEN CITY, 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; APPROVING A
SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, provisions of Title 50, Chapter 3, of the Idaho Code authorizes a municipality
to enter into a franchise fee agreement; and
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GARDEN
CITY, 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 Garden City, 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 from the applicable permitting agency 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 chargeable by the city shall be required of Grantee for any such
permit.
ORDINANCE NO. 1066-26 1
Whereas, the parties acknowledge that, within the geographic boundaries of the City,
certain streets, highways, and rights-of-way are under the exclusive jurisdiction,
supervision, and control of the Ada County Highway District (ACHD) pursuant to Idaho
law, including Idaho Code § 40-1310 and related authority, and that the Idaho
Transportation Department (ITD) also has jurisdiction over certain rights-of-way within the
City; and whereas, the parties intend that this Agreement be interpreted and administered
in a manner that recognizes and does not conflict with ACHD's and ITD's respective
jurisdictional authority over their rights-of-way. 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
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 five 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".
ORDINANCE NO. 1066-26 2
SECTION 4: TERM OF FRANCHISE AND GRANT. Such rights and authority,
permission and power are 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. The Grantee shall provide City written notice of automatic
renewal for successive periods no less than 210 calendar days prior to the end of the
primary term or the then current successive term, ensuring the City has adequate time to
address the continuation or termination of the agreement before an automatic renewal.
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. Franchise fees
shall be collected by Grantee from 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.
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.
ORDINANCE NO. 1066-26 3
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 § 6-901 et.
seq.) or any similar legislation.
SECTION 9: SAFETY REGULATION COMPLIANCE: Grantee shall comply with and
conform to all applicable 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 shall restore City's streets and
alleys damaged by such salvage operation. Grantee shall abandon underground facilities
in place where possible.
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.
ORDINANCE NO. 1066-26 4
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. If any section of this Franchise conflicts with an order, rule,
or regulation of the Idaho Public Commission such section shall be deemed 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 is 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 Garden City
6015 North Glenwood Street
Garden City, Idaho 83714
To IGC:
Region Director
Intermountain Gas Company
555 South Cole Road
Boise, Idaho 83709
SECTION 18: This Ordinance shall be in full force from and after passage, approval, and
publication.
ORDINANCE NO. 1066-26 5
PASSED by the City Council and APPROVED by the Mayor of Garden City, Idaho,
this 22nd day of June, 2026.
ATTEST: APPROVED:
Lisa M. Leiby, City Clerk CITY William L. Jaco s, Mayor
J
N
r
Q
Eo By taEa
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 June , 2026.
By: Eric Martuscelli
Its: VP, Field Operations & Customer
Experience
ORDINANCE NO. 1066-26 6
EXHIBIT A
STATEMENT OF GARDEN CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 1066-26
The undersigned, Charles I. Wadams, in his capacity as City Attorney of the City of
Garden City, Idaho, hereby certifies that he is the legal advisor of the City and has
reviewed a copy of the attached Summary of Ordinance No. 1066-26 of the City of Garden
City, Idaho, and has found the same to be true and complete and provides adequate
notice to the public pursuant to Idaho Code § 50-901 A(3).
DATED this 22"d day of June, 2026.
Charles I. Wadams
City Attorney
ORDINANCE NO. 1066-26 7
SUMMARY OF ORDINANCE NO. 1066-26
OF THE CITY OF GARDEN CITY, IDAHO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Garden City, Idaho, adopted at its
regular meeting of June 22, 2026, that Ordinance No. 1066-26 entitled:
AN ORDINANCE OF THE CITY OF GARDEN CITY, 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; APPROVING A
SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
This ordinance grants Intermountain Gas Company a twenty (20) year extension of a
franchise to construct, maintain, and operate a gas transmission and distribution system
within the City, including the use of City streets and alleys, subject to the rules and
conditions set forth in the franchise and grant. As consideration for the franchise and
grant, the ordinance requires that, during the franchise period, Intermountain Gas shall
pay to the City three percent (3%) of the gross receipts received from all sales of gas by
the Intermountain Gas Company within the corporate limits of the City through use,
operation, or possession of the franchise and grant. Franchise fees shall be collected by
the Intermountain Gas Company from customers within the City by assessing the
franchise fee percentage on amounts billed to customers for the sale, transmission,
and/or distribution of natural gas within the City.
The effective date of the ordinance is from and after the date of its passage, approval,
and publication. A copy of the full text of the ordinance is available at the city clerk's office,
6015 N. Glenwood Street, Garden City, Idaho 83714. Examination may be requested in
writing or in person during regular business hours of the city clerk's office, from 8:00 a.m.
until 5:00 p.m., pursuant to Section 50-901A(4), Idaho Code.
DATED this 22nd day of June, 2026.
ATTEST: Cy'�4p��CITY r0��'`0 CITY OF GARDEN CITY:
isa . Lei by, C tyPferk J William L. Jaco , Mayor
r
ORDINANCE NO. 1066-26 ti ��. 8
Fsr�Fc sr���a�
IDAHO ADVERTISING PROOF
PRESSec/o ISj Payment Processing Center
PO Box 1570,
Local Ncws Worth Holding ate, �:.: Pocatello 83204
BO'�E T Ph. (208)465-8129129Fax: (907)452-5054
EmmettWEEKLYMessenger
Index BILLING DATE: ACCOUNT NO:
06/25/26 83587
LISA LEIBY
GARDEN CITY IDAHO
6015 N. GLENWOOD ST.
Garden City, ID 83714
AD# DESCRIPTION START STOP TIMES AMOUNT
756109 Ord No. 1066-26 06/27/26 06/27/26 2 $133.95
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$133.95
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$133.95
We Appreciate Your Business!
756109
AD#756109AD#
LEGAL NOTICE
SUMMARY OF ORDINANCE NO.1066-26
OFTHE CITY OF GARDEN CITY,IDAHO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Garden
City, Idaho, adopted at its regular meeting of June 22, 2026,
that Ordinance No.1066-26 entitled:
AN ORDINANCE OF THE CITY OF GARDEN CITY, IDA-
HO, GRANTING TO INTERMOUNTAIN GAS COMPANY A
TWENTY (20)YEAR EXTENSION TO ITS FRANCHISE TO
CONSTRUCT, MAINTAIN AND OPERATE A GAS TRANS-
MISSION AND DISTRIBUTION SYSTEM; PROVIDING FOR
THE USE OF STREETS AND ALLEYS,AND RULES GOV-
ERNING 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 AN-
NUAL PAYMENTTO THE CITY,AND THE FILING OFANNU-
AL 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 RIGHTTO
SALVAGE;REQUIRING WRITTEN ACCEPTANCE;PROVID-
ING FOR CONSENT TO SALE,ASSIGNMENT OR LEASE;
PROVIDING FOR PAYMENT OF PUBLICATION COST;SET-
TING FORTH PENALTIES AND FORFEITURES, SEPARA-
BILITY AND REPEAL;APPROVING A SUMMARY OF THE
ORDINANCE;AND PROVIDING AN EFFECTIVE DATE.
This ordinance grants Intermountain Gas Company a twen-
ty (20) year extension of a franchise to construct, maintain,
and operate a gas transmission and distribution system within
the City,including the use of City streets and alleys,subject to
the rules and conditions set forth in the franchise and grant.
As consideration for the franchise and grant, the ordinance
requires that, during the franchise period, Intermountain Gas
shall pay to the City three percent(3%)of the gross receipts re-
ceived from all sales of gas by the Intermountain Gas Compa-
ny within the corporate limits of the City through use,operation,
or possession of the franchise and grant. Franchise fees shall
be collected by the Intermountain Gas Company from custom-
ers within the City by assessing the franchise fee percentage
on amounts billed to customers for the sale,transmission,and/
or distribution of natural gas within the City.
The effective date of the ordinance is from and after the date
of its passage,approval,and publication.A copy of the full text
of the ordinance is available at the city clerk's office, 6015 N.
Glenwood Street,Garden City, Idaho 83714.Examination may
be requested in writing or in person during regular business
hours of the city clerk's office, from 8:00 a.m. until 5:00 p.m.,
pursuant to Section 50-901 A(4),Idaho Code.
DATED this 22th day of June,2026.
CITY OF GARDEN CITY:
William L.Jacobs,Mayor
ATTEST:
Lisa M.Leiby,City Clerk
June 27,2026 756109
ORDINANCE NO. 26-2123
AN ORDINANCE OF THE CITY OF MERIDIAN, 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 MERIDIAN, 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 Meridian, 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 from the applicable permitting agency 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 chargeable by the City 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. Franchise fees shall be collected by Grantee from 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.
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 applicable 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. If any section of this
Franchise conflicts with an order, rule, or regulation of the Idaho Public Utilities Commission,
such section shall be deemed 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 Meridian
33 East Broadway Avenue
Meridian, ID 83642
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise, Idaho 83709
This Ordinance shall take effect and be in force thirty days, following its passage, approval, and
publication as required by law, and the execution of the "Acceptance and Consent"by Grantee.
DATED this 21 st day of April, 2026
CITY OF Meridian
� r
John verton, Council President 4-21-2026
ATTEST:
(Z,/ —�,�
SF,AL
Chris John n, Cityv� 4-21-2026
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 8th day of April , 2026
l
By: Eric Martuscelli
Its: VP, Field Operations & Customer Experience
� I
CITY OF MONTPELIER
ORDINANCE NO 690
AN ORDINANCE OF THE CITY OF MONTPELIER,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 MONTPELIER,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 fixture corporate limits of the City of Montpelier,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 parry by written notice to the other parry 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.Franchise fees shall be collected by Grantee from 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.
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 hold 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 applicable 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 parries
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. If any section of this
Franchise conflicts with an order, rule, or regulation of the Idaho Public Utilities Commission,
such section shall be deemed 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 Montpelier
830 Washington St
Montpelier,ID 83254
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise,Idaho 83709
This Ordinance shall take effect and be in force on June 3rd, 2026 following its passage,
approval, and publication as required by law, and the execution of the "Acceptance and
Consent"by Grantee.
DATED this 3rd day of May,2026
CITY OF MONTPELIE N
ATTEST:
Theodore Slivinski,Mayor '' � 8 ��i 'f
Michelle Singleton,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 15th day of June ,2026
By: Eric Martuscelli
Its:VP,Field Operations&Customer Experience
THE ADVERTISING INVOICE
HERALD JOURNAL
APG West Payment
C itize n the Lead e■ Processing
PO Box 1570
Pocatello, ID 83204
(The Wews- Examiner Ph.435-514-1830
ACCOUNTBILLING DATE: NO:
06/16/26 1 7210
Michelle Singleton
MONTPELIER CITY CLERK
830 WASHINGTON
MONTPELIER, ID 83254
AD# DESCRIPTION START STOP TIMES AMOUNT
753502 CITY OF MONTPELIER O 06/24/26 06/24/26 2 $580.11
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$580.11
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$580.11
We Appreciate Your Business!
753502
ADS 753502AD«
CITY OF MONTPELIER
ORDINANCE NO 00
AN ORDINANCE OF THE CITY OF MONTPELIER.IDAHO,GRANTING TO INTERMOUNTAIN GAS COMPANY A TWENTY(20)
YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT.MAINTAIN AND OPERATE A GAS TRANSMISSION AND DISTRISU-
MON 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 COMPLI-
ANCE WITH SAFETY REGULATIONS;SETTING FORTH AN AGREEMENT NOT TO COMPETE.RESERVING POWER OF EMI-
NENT DOMAIN;PROVIDING FOR SURRENDER OF FRANCHISE GRANTING RIGHTTO SALVAGE:REQUIRING WRITTENAC-
CEPTANCE;PROVIDING FOR CONSENT TO SALE ASSIGNMENT OR LEASE:PROVIDING FOR PAYMENT OF PUSUCATION
COST;SETTING FORTH PENALTIES AND FORFEITURES.SEPARA8I1-T'AND REPEAL BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF MONTPELIER.IDAHO:
S..Uon 1:Gram d Autlnrily.
Thereisherebygmot to Intemroumain Gas Company,a corporation.Its wa:aswrs and asslgras(hmmmiter COfleCbvaly rebrredlei
as'Gnanleal =1,l 201Ymroxteraem 1.rho right and anhority,o cdsmd,install,mmnlarn and eperot0 ages lmnsw— and
eisbibutien-' includingmains,pipes.Cddnits,`.no sand 01hermideGWryS,rUCWrec and appliancesappertainingin,under,
upon,war,across and along the sbeeM,alleys,bndges and pudic paces wilhm the p sera and future drpmale limits of the Cry
I Mompaber,Idaho(hereinafter referred m as'cltyl tar rife,
lunvsh, iranumzeion,dismbutrnn and sale of gas.wnemer artificial,
mtural.mixed Or oNerwae,for heating,domes.[,rdustnal and Other purposes and tar Imnsmrong gas iron,through and beyond
said Cay.The C'Iry rawesents Ina,it has the able power and 11,th-ry as make roes gram of alannriry and agrees to notify Gramm m
wri!ing it me airy snauie cease to new thin power.
Seetian 2:Use o15tre.IS and RWes liov-"I-the Same.
Gran,_shah secure.'error,tar any Opening 4 shall mak0'In The drmis,alleys aM puhnc paces in the City
and shall be wbjea
10 all applirade Odlnandr.but no lee shell he rmWred of Grantee tar a+ry Su(dl petrol,.Grantee may,however.Open IX dteturb the
soodr,alleys,aM OuN 0 plates without a permit tl an emergenry exists requiring Ina imrt,odiate repair of laeleies.The lomtien ar
fdlecdnbn a all ballnos shall be made under the wpdrvivan and valh the approval of such rewesemahWss as the gdvemrng bey
of Ina Ciry may eesgnare far such purpaso,bW not w as unreasonably to intertare ram the proper opareling of Grareoo's W "Os
and somro.Whenever me CM stall P or repave arty street or Stun Chang.,he grade Or me of
arty street or P__pace or sod.
__,_or--
_,_or rednmrucl any Cddun.water main,soweror wafer connern-or
omen ary pudic works or city Wlhy,it mall he the Bury
d,he Gfanteewnen 500rtla'.b/the Ciry to change its mairss.servrros antl dihm property in the s1fCBC or pudic plows at iL-awn
Bxpunse s0 as I.
cdnlorm In.established grade or li of S.s,..or PuNi pace and so as not,O..mane with the cordurts,
m,tl other mains a,he Cl,y as ronsinxded Or reGorvstructed;ilowewr,the Grantee shall not be mosods to relocate ppOs.
5aM .,her
,. When the streetalley Or p.1 gl0undm which Iney af0 btrAm isveered Irfr ma tbm9nier omabrnmq
property owners antl trot az an ingdOni 10 roll gird¢impn>vemenL unless the reasomde rmsl d s lh rdotanon and me tars one
expenses resulting there!rom rs Irrst paitl to Grantee.The Cly wig avid Iha need for such rnovirg or enraging whenever possihle.
In ma avant F,deral,State or ahor funds are awlude b whole or in part for mlury raloralmg pnposes,the City Shan apply Idr such
tunas and the Grantee vent be reenbursetl to the mulerm any such lahtl5 are aaudlly ob!alnm,
$ectlm 3:lirantee Subled 10 AU PoYIM$O/Ciry Rules f:oveming Rapelr and Reconslructim o1$trttra
Tha exar050 ill privJegaz heroin granle0 5ha11 11e subject al aft times Id eil of the powers 01 the City aM all regulatory ommancdt
adOptOd pumant mmeto.The Gramea shall not unnxe,anly or unroasanably a0dnx:1 the use of or damage arty street or alley
one snail within a reasonada time one az easy az pracibable upon c.mpennn of arty dnsm,ennn«repair work,rmmre di City
streets and alleys IO me SamOOnddr and ronnitinn as They were bpnre me exCawdnn was nude in501ar az reazddbty pOssde.ThB
Grantee mall maintain,repair one keep in gone Cddil[m Info paned 01 One year all portals of Slfeel5 and dinyr dismmed by it Oros
agen,s.The Grantee shall be respdsida Inn any ObrlNChon in any areal,alley M other punllc pace reused by M1 th ma ofxerabd antl
mai,tenanCe a its propOM1les ecwrri�g at dry time and shoo prnmplyy ova such obstruction.Any sutra obsttuaron which,ahor
proper nnero to Gmotea Oemanddg mewl n ram promptly removed by Iho Granldd may bo ukdn rare of by me Gry one the costs
thero0l Shalt he}hatgetl against Grantee.For purposres of this Sectinn,Grantee's abOva-gesune laalrtles or tempara cOnslruM»n
malorials antl aqu,O mt Shall not be cdodomd an-obstrunlnn
Section 4:Term of Franchise and Grant
Such night and aumnriry,pemmssion and power is hereby granted for a term of twenty(20)ymrs from and ahor Iha Bate of me liml
accepance d lit,S Onblame by the Company herein referred W a5 the primary,arm.This franchise w+li amnmatlrally renew for
wdesive penrds of tan(10)years union cm,cetied at the antl of a term by either party by woften noli.to the ether pany no loss
roar,180 talender days poor to ma end m the primary term or the then cun0ol succe—term.
Seddon 5:City R19M to Inepeconn of Grantee's Plans.Aceounts and Books-Gramae to Furnish Certain MAP.
Upon reasonable aE'rance MoCe,the Ciry shall haw access to Grantee's records to the extent necessary to venfy me acturaty of the
Fraticftis0 lee payments regwred hemin during the ndmlal burners n.urs d Graolm.The Grantee shin lumrsh,upon request lire
Gty Ih a compete sot of maps,Including plans and pmfile of the disprtudmn system of me Grantee and any future exteovms The
Gry shall rtake wary reasonage effort to rrarnain the confidei-lity of any had.secrete or other proprietary information(such as
w-PNOury maps and other male Ininrmalyd)provided Pursuant to tar.. pie,Indudrnq oxdwlial of a eau sharing agraemem
i,h Grenlee.Airy map$uppldd shall nth be used for beating gas taallties with the immt Of
extwatirg.PnOf IO exC9 deng.the City
shall request lino locator per me rdqulrmnents of Ir1an.Sta04es TUe 55 Chaptm 22 lM.,.,O d Faallnes Damage Prevmlinn.
Section 6:Paym.mTe City and FUing of Anntul WrMen Report WIN ThO City
As cdaderannn tar this Immhise a��ranI slid Grant a.its suOtaa-.ors and assigns,during the[=n h e pOrioO,shall pay to me
City three percent(3%)of the 9,OSS—PIS,rerowad Iron an salon of gas by Grantee wimin the corporate Ilmib of ma Gry through
use,operahon or posses Son of This franchise and gram.Franwsafees Shall be doodad by Grantee from dust—within the Ciry,
by arseasmg the dramhiro fed percentage on me amounts hided to customers for the sale.trenslmsslon and or di9lnburion OI natural
ggaa within the sty.
Such payments snail be Bade m a quavery bazis antl shall is in neu d any and all other lees,charges,litremBs or leads(other than
ad vpm.m uo.)related to easemMls,Irantllrsas,ngntsol waY.ulJ ty lines and equlpmont inztal!mnn,maln,enand and ramowl
during the term of the pubnt aerate providers'tmnchisd with rhe Ciry which me Cdy may impose forma rights and privileges hemrn
grantee or for Ihe pnvilOgo 01 Ming business wilds me Gry.
The Granted shall No 30 days efler the dtl of mrh calendar ginner with me Gry report tar the pieseding calendar quarter.which
report shall contain a summem of all In0 gross retdrpls anang from all Shcm of ggaas by sold Grmmee wimin me Ciry lOr me wenear
quanef pfatoff,g sudl report.and at me Same—me Grantee shall pay to me C'ny the snpnated M,cOmago of the gross quarterly
ecelPls due forma dalmtler quarter Wh,cn said repon is made and filed.
scn.n]:Grant«Liability-Ind-111—tion
II Is exprovy unddrsind and agreed by and between,he Grdnim and Ina Cily Ihai tn.Granlm Stall hNd me City harmless from
all lots raatained by,ha City on aeedm Barry w4•juogmenl.OxOC" claim or dementl whatr0owr,resdlin from negligenced
ttla pan d the Grantee m the cdarua'd,operation or mamM-dd of Its gas system m Ihe Ciry.The Ciry snalgi notiy the grantee's
feprasenidnve in the City wimin on(10)daysaherthepAsemml of mry Jaen or demand,eitherby suit or otherwise,mead against
ine Cny d aCdUs,of any odgl..Mde as ainresai0 m the Par,of,he Grantee.NOIMng herein snail require Grantee to save antl hold
the City hen _'.me tedem arty loss sstarnetl by the City is causod.y Ne a,
omissions,dr negligdnco of the Ciry its agams.
represenuhves,cOn
lraC,ors.oUbers,tlndctdrs,drtp door parses swlea to ifs prCClld orcdlreL
Section 8:Insurance
Vpon aCcdpbnt0 0l this hm,drse by Gantee antl before Grantee shag npve OM rip^is hereunder,Gmntoa shall file with the Gy
Ger a cendlCatO evidw—g the inwmmee of the Grantee agarnst vvrmar%Mmagd m an amount rot lass man 5500,i700.00 and
bodily injury wit I—ts of ram less man$500.000.00 per parson antl 51,000,000..0IOIAI tar men xwndro.PraAtlaO,hnwmret,he
minusm Imils d insurance asset tarn hemp shah be autnman, in lso-daI any rime the 11M.iy limns of the City ara increased
pursuant Id the Id1he Tort Gaimd Ad(Idaho Code$e tiara 6901 W.segJ or m y srtntlaf 10g.m—
Sectian 9:Safety Reg.. Compidnee
Gramee Shan cempy with and coolorr m ata n Ia all appi—tale Safety mguist—prouigd by the Unlfad es•Stat State of Idaho,or only
regulatory body naving junakaion thereof.
Secton 10:Agreement Nm b Compete-Reserve to City Polder of Eminent Domain
In dnsderplon of Grantee's undenakrng hone-dor as ev'dM—d by its acceptanice there me City agrees not to enggage m me
burners of distributing and selling gas dllnrg the Me of this Iranthse or arty isndsd Iherad rn Compmnion with me G anie0.ill
suoddstserantl aSv9ns:bW nolhtg nefmn Cdtalned Shall be Conamed w deemed to Prwmt me Gry trout exeraarg at any firm.
any power Of enhnent domain granted to ri under the lawn of Ine State of Idano.
Seddon 11:Su Wender o1 Franchise
In In.—1 ramral g a,any bona shall cease to be—fable t0 Cram-for the dlstnblslnn and seta hereunder.Grantee reserves
the rt9M to wneneer this franchise and in me event of such wnentler poor to any mrpi2Ld or Iemenalron of Iha iranChrse,Orin
any 01 such_Is.Gmmee reserves me right b salvage an d its pant works and laahlies,and-11 restore City'wroels and alleys
damaged q sod salvage Operaunn.
Section 12:shalM Acceptance
The Gmmee a,mi within if(30)days attar the passage and d by it,u o of rats ordinance,file with the Coy Gerk its acceptance at
this Iranrhsa m licur g sgnatl by Its proper Omdars and aneetetl fry it,corporate seal.
See Bon to shall
eMec
The Grantee shall atund ma lost a puN'rrand OI Ions iranChre as such pubfiWlion i5 reQWred by low.
SsOticm mat 14:Fonetture
Arty malarial viaaeon by the Grantee,its vendee,lessee or succevoors of the woviswns a the odinancee,Iranthse and grant or
MY matenal pCninns Ihero01 Or ine lallure Promptly to pert..arty of the Provisions thereof shall be cause for the lodeuurd of this
Iranchrse and gram and all rights hereunder ShW Id Gramm fait IO Cure sups Vrolalid wimin ri ty(ED)Camden days 11 Glys DmviO-
ing Gmmee written om-,wmOh shall be served upon Granted by registered mail m ft Region Oireadr al 555 Sadh CAIe Road,
Rasa,ID 91709,or d not masdnably clpsbb of being cured wifdn sixty(fill)calendar days,w,mn sud n diner reasonable perido of
I—as the Pam..may agree.This p—.-shall not prewm the
Grantee from wb.h.og such quest—of lone ure to .per coun
emermodli..
Section is:Separability
11 any pan or Paris of tits ominance shill be adjudged by the courts M be uneo—lut—al or i-4d.the Same shell not of Ind
okay of any char pan or pans hmeol whld,ran he given etlea rat""It parts pans adludgrd to bo unronsunilimal or inwld.
If any realm of tars Frand,ae cmfints with an oiler.rWe,or redulannn of Ise Idaho Poblrt Mites Commsvnn,such see on shag
be deemed im,sid.The City declares that it woub lava passed me non—ig pars ill this Ontioande it 4 had been known mat wit,
omen pan or parts thmeol would be deflated undnsmn oral 01 invalid.
Seddon 16:Repeal
AI onfin-ces and parts or Odiwnces of Gry m connbl herewith shall be,and the same are hereby repealed.
Section 17:N011fbelions
wnenevarmis Franchise cegs for nnura t1 or nonlicauon by any parry.the same *;no_ specally provided)shml be in Wnn-
Irrg and direaed t0 The reeved,al Iho ddOre55 Sei 1.M in INs SmnIM,unless sun ice of dmnge of atltlress is providetl to ma
Olner party If the date for mating any payment Or performing arty ad is a legal Mi day.payment may es made,or the ad podormdd
d the nmtl succeetling bus lem day wheh is not a legal;Itchy Nm•ros shall be dtmdod to the pamos as inflows:
T,he Cry: Ciry Clerk
01y.1 Monadk.r
830 W.Smington Si
Montpelier,ID 83254
To IGC: Reg'
-
Greclor
in,ermo, n Gar Company
S55 S Cole Road
B—Idano 83709
This Omrnance shall take eked antl be'm force On June 3rd,20-161onomng its passage,apwdwl,and pubbcau0n As required by law,
and the exedk-of me'Accepance aria C.—I"by Gmmee.
DATED thus 3m day of May,2026
CITY OF MONTPEUER
Pa.___—
Theodore SlMnski
A77ESTJ5/ Mayor
M'Icl,eito Srngletdn
city co k
ACCEPTANCE AND CONSENT
INTERMOUNTAIN GAS COMPANY•as the Irancham and'Gmntee'in the ordinance set Inrth above,adeps me t—hrse set IdOh
therein a,the limo of Grandee s—Out...and.9—S to abide by the terms and conanons thereof.Specd sally(and pursuant to I.C.
§50-329A),JGC consents to the mina percent(3"h)I—ONS.Ira asr.Ssed by It.Cry pursuant IC this oohnande.
DATED this 15th day d June.2026
Byj✓
Eric M.—IN16P,F id:Veld Opemls 8 Customer Experience
Published:June 2414 2026(NUM 0-123,56)
ORDINANCE NO. 3179
AN ORDINANCE OF THE CITY OF POCATELLO, A MUNICIPAL CORPORATION OF
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; AND PROVIDING THAT THIS ORDINANCE SHALL BE
IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND
PUBLICATION ACCORDING TO LAW.
WHEREAS,the City of Pocatello heretofore granted to Intermountain Gas Company a
franchise to use the public rights-of-way to transmit and distribute natural gas within the city
limits; and
WHEREAS,both Intermountain Gas Company and the City of Pocatello now desire to
enter into a new franchise agreement to so provide such service, for the benefit of the citizens of
Pocatello; and
WHEREAS,the City Council has complied with the provisions of Idaho Code §50-329,
which require publication and a thirty(30)day waiting period between introduction and final
passage of a franchise ordinance.
NOW-THEREFORE,BE-I-T-ORDAARN-ED-B-Y-TFM-MA-'OR-AND-C-0UT4C-IL-GF-
CITY OF POCATELLO AS FOLLOWS:
SECTION I
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 Pocatello, 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 II
USE OF STREETS AND RULES GOVERNING SAME
Grantee shall secure a permit for any opening it shall make in the streets,alleys and public
places in the City and shall be subject to all applicable ordinances,but no fee shall be required of
Grantee for any such permit. Grantee may,however,open or disturb the streets, alleys, and public
places without a permit if an emergency exists requiring the immediate repair of facilities. The
location or relocation of all facilities shall be made under the supervision and with the approval of
such representatives as the governing body of the City may designate for such purpose,but not so
as unreasonably to interfere with the proper operating of Grantee's facilities and service.
Whenever the City shall pave or repave any street or shall change the grade or line of any
street or public place or shall construct or reconstruct any conduit, water main, sewer or water
connection or other city public works or city utility, it shall be the duty of the Grantee when so
ordered by the City to change its mains, services and other property in the streets or public places
at its own expense so as to conform o the ems.ablis�e�C grade or 1'me o suc s�et-or pulp&—pl-ac
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.
ORDINANCE -2-
SECTION III
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 IV
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 parry by written notice to the other
party no less than 180 calendar days prior to the end of the primary term or the then current
successive term.
SEC TION
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-Grrantee-ny-map-auppl-ied-shall-nat be-used for--locat-mg-ges—fwilite,�:th-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.
ORDINANCE -3 -
SECTION VI
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.Franchise fees shall be collected by Grantee from 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.
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 VII
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
f any—
note a grantees repre'11.ci :ive m e i Wittiiri ten (l rdays after tlie�resentation o
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 VIII
INSURANCE
Upon acceptance of this franchise by Grantee and before Grantee shall have any rights
—hereunder Grantee-shall-file-with-the-Cit�--Eler-k-a=ceitfwate-evidencmg�urance--af-th.e—
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.
ORDINANCE -4-
SECTION IX
SAFETY REGULATION COMPLIANCE
Grantee shall comply with and conform to all applicable safety regulations promulgated by
the United States, State of Idaho, or any regulatory body having jurisdiction thereof.
SECTION X
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 XI
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 XII
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 XIII
PUBLICATION COSTS
The Grantee shall assume the cost of publication of this franchise as such publication is
required by law.
SECTION XIV
FORFEITURE
Any material violation by the Grantee,its vendee,lessee or successors of the provisions of
- a is-ordinance,--franchise-and grant ar--a:ny-matey-tal-portions-ther-eof--er-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
ORDINANCE -5 -
parties may agree. This provision shall not prevent the Grantee from submitting such question of
forfeiture to proper court determination.
SECTION XV
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. If any section of this
Franchise conflicts with an order, rule, or regulation of the Idaho Public Utilities Commission,
such section shall be deemed 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 XVI
REPEAL
All ordinances and parts or ordinances of City in conflict herewith shall be, and the same
are hereby repealed.
SECTION XVI
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:
o the Ciy: —Ci lerk
City of Pocatello
911 N 7t'Ave
Pocatello, Idaho 83201
To IGC: Region Director
Intermountain Gas Company
555 S Cole Road
Boise, Idaho 83709
That this Ordinance shall be in full force and effect from and after its passage, approval, and
publication according to law.
ORDINANCE - 6-
PASSED AND APPROVED this 18th day of June,2026.
CITY OF POCATELLO,a municipal
corporation of Idaho
MARK DAHLQUIST,Mayor
ATTEST:
O , M 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 18th day of June,2026.
INTERMOUNTAIN GAS COMPANY
ERIC MARTUSCELLI,Vice President,Field
Operations&Customer Experience
PUBLISHED:June 24,2026
ORDINANCE -7-
News• � PROFORMA INVOICE
IDAHO STATE C� —tslfn; :1 =1--e APG West Payment
JOURNAL .......;Mm�a„. gym. ai y L:tu rear Processing
PO Box 1570
Pocatello, ID 83204
Ph. (208)239-3163
BILLING .. • •
06/19/26 1321
CITY OF POCATELLO LEGALS
PO BOX 4169
POCATELLO, ID 83205
AD# DESCRIPTION START STOP TIMES AMOUNT
754372 ORDINANCE NO. 3179A 06/24/26 06/24/26 2 $651.80
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$651.80
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$651.80
We Appreciate Your Business!
754372
ADn 754372AD*
ORDINANCE NO.3179
AN ORDINANCE OF THE CITY OF POCATELLO.A MUNICIPAL CORPORATION OF IDAHO.GRANTING TO INTERMOUNTAIN GAS COMPANY A TNENTY
(20)YEAR EXTENSION TO ITS FRANCHISE TO CONSTRUCT.MAINTAIN.AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM:PROVIDING
FOR THE 118E 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 GRANTEES BANS.ACCOUNTS.
AND BOOKS;REQUIRING GRANTEE TO FURNISH CERTAIN MAPS SETTING FORTH THE ANNUAL PAYMENT TO THE CRY.AND THE RUNG OF ANNUAL
REPORTS WITH THE CRY:REQUIRING GRANTEE TO INDEMNIFY CRY,AND FILE EVIDENCE OF INSURANCE:REQUIRING COMPLIANCE WRH SAFETY
REGULATIONS:SETTING FORTH AN AGREEMENT NOT TO COMPETE,RESERVING POWER OF EMINENT DOMAIN:PROVIDING FOR SURRENDER OF
FRANCHISE:GRANTING RIGHTTO SALVAGE:REQUIRING WRITTEN ACCEPTANCE PROVIDING FOR CONSENTTO SALE,ASSIGNMENT OR LEASE:PRO-
VIDING FOR PAYMENT OF PUBLICATION COST:SETTING FORM SEPARABILITY AND FORFEITURES.SEPARABIL AND REPEAL'AND PRMDING THAT
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,APPROVAL,AND PUBLICATION ACCORDING TO YAW.
WHEREAS,10 CITY of POmlelm tnmfolnre gram.to Inmmnumain Gas Company A fr lam to asf,fie PUNIC dgmsaf-way to MUNUTe Nb dernbi minm gas
.M.Mao CITY Ii b,;and
WHEREAS.bum IMormoarraln Gas CCm omyend Me City.POCetnnonow CAU,ero an.,Ina A new Imrrinse agmememm m pm,vm a service,br IN baam
of to.—of Pvmtvnu;and
WHEREAS,the City C 11 hen COmPind w fro PrxiRaS Of Idi Code§50.329.wtadt require puthcanm ann a tinny(30)dry waning Wood between Intro-
dacMrn ao Mal P.—,.Of A f anci nminrra.
NOW,THEREFORE.BE R ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF POCATELLO AS FOLLOWS:
S XI I
GRANT OF OF A UTHORRY
Tnm u wwy 9 AmaO to Imamauman Gaa COmperrY•a mrporhoon.aC su.masom ark,segos loreirne«mnoC wy mlerm0 m m'Gmmeo�a 1woNy('�'0)
year Oxlemim M taw ri ao alaf+ to ror tmtt.MPall.maintan and Panora,a gs mares lssim ontl 65tti0ulivn aygtpn.inckAN melon.of a,CoN.C,
cos eM Penn nacoScary s1+W«m anO apolanms apporpming 4f.fmtlor,upon.mar,aGroa6 anO along Mo s}mats,elfvys,MWga aM WNic.etas wilNn
Me pmsanl aI Mute Corporeb 1'mti5 al Mn Gry d PbaaidlW,ledto Ihemndter mferreo m as'Ci br tln tumcNrg,tranvnlssiOn.detribulbrt aM ram a19as
-CtW,anifioal,ramml,mllimPrdn—.mrrmoung,ttomm»4 intliatnal orb otraer Wlases ontl krtmnam -gas Ian,Mm rontlbay�«tlsaid Cdy.Tr*Gty
raprosan6 Mul tt nos Mn.^Ab power and ainmaty to make Ms greM PI elan SELTONgaaw to mufy GrenmOln wmirg it Mn City slbuW room to naw.0 pownr.
USE
r�GOVERNING SAME
Gr e, snail sacuv a,,malt 1«Cry apuamg t snail no Vie streets,dkop ao gatin,mo�s in to Gty arA span m sl=ro all ap permit
Prtinercov,da
n for shNl n mqulred of Gramm lOr mY supra p0lmt.Gmam may,howwer.open ortllslinb Mao slmeLs,alloyb.ao puNd PIAms wrnu a permit N en eof fa nterganry
of
aR mew ads�t 9o+emli�igmbm'1 Mn City TIN,
to ate far slrh purpoma dA nptmso az v+lroasorady to mterlere wlln Mo,mpor vporatln9 0l Gmmee'S op-
and inn m.
Vft,analmr Mae cry snail Paw Pr mpMre any Ltmet«snap.ergo tan gram ar aim of any sbaet«publicm wh pram Cato M
«t'Ian GerGM,Kt or ivcansinaa erry Cpoirr,wear
wMuCCmeal.or damn dry pudk rood¢Pr lily innity.rtsfWl t Mn Cuty d Me Gmao en tvfamd by Me City ango itsm s mos,servkos
amrad�oMu yroperry In Ina streets or Wa o,,Owcas at Its Sro m as ro CPnlPrnn to to eAONisod flmtte«Ilm o1 sudt shoot Pr,,Alb pram aria m ea oat ro
wonpre wM My e«kuts,mwers ark a.Or.ears of Mae Gry Ae canstnatm or rammrtotl:noHwar.ono Gmmm snail rml0a repWrodm reloTata dean.malre ontl
ePpurtenaamas wllan Ina ataat.alloy or pudlC ground In wf»dt tray am bfamtl is wwtoa:Pr the mrnPrumm Pf eGalTg prpppity a'Mfam one not as an iiKb,m m
Me a City
imprvwmuM,noes Mr r�aroriado msl of dada rdombon ontl Mho lassgo of Fo i ral.Sm or—1 ism 1 paid ro Granme.
Tan Gly u aWld Mae cry I far sop mwi:g or CAmON W Gram,a.11 ble.i to bent Finaorl,S an or CMnr funds are elily o m In room or In pan far unary
ml0mutg puryosas,Me cry span apPy for su.Nabs ono to Gamin will o roimGis,d m the—many aWt.rid.-.am acmepy o0mmad
GRANTIFE SECTION III
C,rB,CTTQ At I POWERS OF CITY RULES GOVERNING REPAIfl AND flECONSTRV^TION OF STREETS
Teo_,« of pilvnaN. grantee ei1911 ea aublect d aV Imes m ell d.e powers d Mw y one all mgunlnry emlmrcea atloplotl put.Uam.prom.The
Go,sell rctum riy«unmasonadyobcb Yin use of«ttemage,any storm«aney aM sell whin a--No M1me and.oaM sPmcnwbm-Pon
_Cl,aimn PI f canstmObn or repalrwnrk mama ea Cary streak an allays m ate wine okor enCt mnliinon wMtey wore OdOm Mae oravaMn roes nada insofar
as masanably—No.TIC,Gmmoe Snail malmaht.mpair ontl keep in good mndlion for a period 01 ON ymr etl porlioas d sMmm orb alleys diChnbod try it Or its
agonls.Tn Gmrdeo Gall Pa rpcPatNdo ror ury...coon In Cry snot array«der puck pence mia,n h is m Gi ham d m adi mnintananca Ot ds ampere.
mo,mC g M any amv one spa,..Cary morose s obstucdm.Any alto pbsmrPan whldt.,torn amp«mote b Gmrem demanding removal Ia,a ll mTO d
moved by Mn Gamin moY Do mkan ram OI Ey Mn Cityand.,Camstore�sauna m c Nno agalna Grantee.For pupoms Of Mls$OCnnrL Granme's above-yOMal
bcnnim Or Manbnrery CON I--mate ala aid egwpmam shall m(ba mmJdereO an'obsPuc .
SECT ON N
TERM OF FRANCHISE AND GRANT
Sudt right«al Wei permcsvon aM power b ooeby gmraoo ror a arm of twMnry(20)years am aM abler Me Pero of to final acmptance d Ms Ordnance
by Me Company.Wain mtertpd to as In pnmay he".TNs trendnm will aiadnanralty mnaw ror succesAe pumas d ton mllod(10)years UN—Cao at My and
at a term by ether pap by wman oa co to Me Omar pony m leas Man 190 CaMMOr dPys pn«m Mn orb d Ma,orrery mmf or Me Men cumin sirsansive mrtn.
SECT ON V
CITY RI F TO INSPECTION OF h S.B O iNTS ND BOOKS - TO RNI� RT N M PS
Uppn reasOrablo advance more,Me Cay shall flow e ro G1am0e's remks ro the edeM rtx«.:ary m eery ttia acmm y of ate FrarKlt4'p ono paymanne ro-
pamtl hem.durhg the«xmal Wsinoss tours 01 GronleaTo Gmmva stroll mmeJ,,Won rmuazt.Mn CAIy WIM a cOnpmm:At 01 maps,intludag plans orb amfil,of
Me,dsnbainn eyavm of Me Gmmm AN aytrUm mouruonaTo Ghy anall makO awry man ltm Oral Io mAnmM the cm"ateaiaury of any Made mcreb OrOMur
pmpnNary inMKmetlon(mcn es pmpnomry maps and der mapdn9lrtl_Wo)Pi OaCl Puisu Vat m Mie Smuon.aC1"g eaacvtlon of a Dab song Nme N
M Gmntae.Any map suapem anotl rat Pa ono,ror i«Ae,g gas mall»oa wiM Mao imoia Of ear I ng.Prior W oramking,Mta Gy shell request IIn IPcaroe per Mn
regummoms OI Idaho Stanims Tltlo 55 Coder 22 Urdarprouo Fadlilts DamaWo Pry cairn.
SECRONV
As mn.mmnan inn this fmnUieo ontl gram sak Gmrtlm.R6 SUCCASeprs irk a igrs,ttunng Mae ImnNl.o Ponn.shall pay ro Me Cry MAW peConl(3°L)vI Mtv
gins mte.'pm reoeisetl nor all saes al gas try Gmrrcoe wirYn Mtv.mama,Ilmits of to Clay Mmugh«a.operetim«pa:SeaYen of Mtis Imrchsm orb grant Fren-
CNse ben sell n mnmlAd Py Grenma from CI aEa a within Me Gty by acsocsmg to fmnCNa9 fee pommmgO an Me amourim blued to Gdomere I«Mo saie,
ManIen, any«tlbtrDiieon OfraMrelgaswiMnVnCity.
SuN pAymams shed ri made on a pu...y W Mack and stall,I In e Ilea d any ao all dnr ores,coign.( Ini t or rams Ininr Mori is w—n Gins)re—a m
eesomanb,torttdtnes.rigfMscl way.tnniry Imes aM eWldnmt msreW m .1 tenerce 1la.mewl.rang Mho tome of Me vudic mMm PmvlOars fmrlrntsa won
Mta Cittyy wtt'ich Me Gty may rap« HPr pre dgms mtt Pnvnogs omin grenlm or ror Me pnvibga o/tloing tkairiesS wiMW to Ciry.
The Graeae shall fib 30 says aflPr Mho vM d each calendar Wuenar wah Mae Clry a report W Me pmmdng Calabar We.,wtaclt ropan shall contain a smtammt
ea,sIan Mi 9mCe mCaM` anang}ram ell.lee of ggaoss by orb Gmnme w,Mln Mae Gry br Ian ralroner quarter pmcoomg suet,,apart,Orb at Me sum Moro Me Go—
tall POY m Ian Cty the s»pJalvd poimnlege Of M,grew Wuarmdy ivcvlP6 due for to camnai r Warta,which said capon le made acid Noo.
SECTION VM
GRANTEE 1 AHILQIJHDEMNIFlCATON
tt re ezprasJy urkemtvo0 arp agrmd Yry orb bdwem the GrenroO ono a Gry Men Mn Gorham shall raw to Cry ant.In a all bs—pop to or Gry e-
mquht d ay suR.ludgnenM,o 'Ow,daim Or domend wpfsommr,romlung Imm.Wyage,,on Mo part d 10 Gmmm In the mma,WloN opoornan or nreilae-
a dlmgassycmminlnGry.TlaCirysndlanymegmntm'smporsematlwinMnGrywnNnbm(101dotsPRerMgpremnmliondanydal.«ttermnd,eMor
by nut O,aM e-A moo agaMtet Mao Ciry an amouN of any nogegmcO as amresad On Mae pan 01 Ma Gmravv.NOMIng,rem sell reWuro Gmmm m raw anal
hdd the Cey harmless to Mot,aunt any IC6a sisbirmd by Mo City la m.06 Py to am P Ons,or n egenca Of Me Day he agoras,repmmnmi hrea,mnthUDI
alfice,s.dhad«a ompfvreos,«dnr pecans.inject m ion rnmeim Pr maw.
N"U
SECTION VIM
veNCE
Upon pemdaniGr et Ms imrchito by Gmma,ark bean.Gmnlm shall pv0 arty nghm oreumen.Gmmm 51aall file wrtn Me CMy Cbrk a mrefiCaie meoMKbtg Men
nmmma m Mn Gmmmm against pmpary Cam go
In an«_M opt I_
tan S500.0ff0.00 ark naly in)ury wiM Ilmim d oat lots Morn 5.9J0.000.00 per Parson ark
Sl,Op0.000.00 roml br aada ocmrmrca.Pewiead nvANer,Ma miNrnan M_d Inmrenca as rat top Inman snail n admabcaty 11 fma0tl at onytima MP Ilmiiuty
limas of Me Ctty am ircreasad puruanl ro MP Itlea Ton!clean Ad(ICAn Code Sacuon i d.aeq.)or Ary simaa,legnmeon.
SECTION i%
SAFETY REGULATION COMPLIANCE
Gmmm spli ComptywiM and mnmon ball OPPlimCle sofOty reguabe m N ne pmugatof by the Umd sane.SGO of loan.orgy mguarory Patty nay.gl wit
th"Of.
SECTION X
AGREEMENT NOTTO COMPETE-RESERVETO Cf7Y POWER OF EMINENT DOMAIN
In mweamem or G.—'C ukenaklN n,—, OOrtmtt b,'tts axopmnca tn-1 Me Gry agfoos rat to o ago m Me busman o1 abCMWeng aNO inning
gasdidng Mofrta olMklmnchCse or arty OMarision M_matincompaubmwllnla tremor.lbwuoss«ikn�9M bwnoMng Woolen neclaianbeco=
«eooma0 ro prevent Ma CM nor omidsag et aiy Mme any power d Omnam ttonVMn gremod ro d uri0ar.o rows PI Mn Grate d Nana
SECTION Al
$IIRRFNDER OF FRANCHISE
In to went nNrul gas at a1ry More call COoae to be o W wo M Gran.,ror Me C,Cnia,reon ark solo nmualer.Gmmm rosanma ono ngM m sampan pis 1mn-
in an in I ,root d Gu hIt""or dbr to any e�mMn or heriNnation d Ms fiacJasa,or In any of mat nnh ,Gmmm remiws Mae dgla m safmge atl dins
dam.work',and tadlinoa are..m iara W.enom ontl a9oys damaged by suCn."go Operation.
SECTION XII
WRITTEN ACCEPTANCE
To Gmmae Ioo within Marty!by days earl"pasmgo an pudimnon d Me owranca.M1lo wl.Via Cry GeM it a<COpmnm of ors Irerclat v In wiiMrg sgnott
by its proper Mimrs and aOantotl by its corporele oval.
BEC770N%III
qIB I e___1 a-lo fOr_.q-.
To Gmmm sou assume to ma of pudiranon d ale lornlase y mcn WCTION b rogiaree by Ww.
SECTION
FORFEITURE
Any rnalonal vldatinn M to Grooms,is room,lessee or oe CaGAm dto,.Jove d pis ok ise an ImrctLo an gram or arty.atonal,«Mans C e1.1 t.'Me
maim prompty to mrtnrm a d.e pmvl:.lans.IY, mr o CauC.Gana for nh bda.,m Of pus franchise an grant an ail nobs nreunder s 0 on Gs Rog man ir ram
salt viramon witfan slay f6�mWMar Bays of Grys piMdng Gmntm wnnan rnnrn.wftrh spn m mNm upon Gmmea q'rorysmrotl man an as Roglon Director
at 555 Sdah Cole Road Baiea.ID 837M.or a not mas«a.'iory mpado of nlig anal w1MWt Cary(601 Canntmr d ya,wM,n suds other neamraNO pond d Mm,as
Me,
pemts may agree.Tnfs pmvisron sap not pmwra to GramaO Imm suPONinrg Suds W,IPC—of Ine—on to paper court 1=4n.e.n.
SECTION XV
SEPARABILITY
M CITY part or pans d MNs ordnaKa sh+Ml o atlrydgatl by Me nuns ro Co urconeen harml«IrnOud,M e same epll not of-M e—dy of any mar part«parts
I_ romaninnbo gluon 01 wiout Me Part or part dpNod m n ufmnsnnionei OrirtualM.11 any seta.of Mtls FmnRse Gartland w,Manoku,No.orragu-
mnonorMnlCanPUDIcLmlrlaeCOm iaomn.s 1,sacflon snail Pe 000mod lnwlid Tna Ctty eaaaias Mel M would ova passed Mw.—.rgpar6ofINsom.—
da had beenblowntat h OMmr part 01 parts Mal--Od be Cocamo un Onotl"Aarall«=11.
SECTION XW
1TEP�L
Al Ordnvncm ontl oanB or Prdraancea of D%Y In cant9d nomwiM steal W.era trees.e are nOreby repaame
N
SECICATIOI
Whanever.Ib FrarrJvsa rallymrcnca(o or notarafron try arty parry.Osarne(unless oMenwl spaPay PmvkO�shall n in wi ring an rimcmd to ate madam
sa 9l�egal MI t mM m Pals on.umess wrieon mtim m dmnge or aaoro5r ie Pmt"dm m.o n Is r�,ai ifar nn�`G'� p nor or pvnomurg airy
May.pvymatl may m mama Or to ant partortnatl an My nek sucreo0in DUSaos day.any pa loll Pa oeecae m My
pan.as maws:
7o In Cly.Gry Clank
Gry Om 9t1 N la
e MA,C,
Aw
Per tale Ilan 83201
To IGG Roam,order
Inlartn We R Gas Comp Cry
558 S We Rmo
Buse.Wan 837o9
SECTION
Tat In.Ortinanca cap all In all tome ark erred Mn.and ear ns pas.age,appowel.pmvm,ontl puNICS1m OCCommg m Yaw.
PASSED AND APPROVED Ms 18M day of Jute 2026,
CITY i POCATELLO
e na,Xaddnl mmnrennn of 16n1to
s
MARK DAHLOUIST
M rye
AT EST9s
NONNI R.KENDELL
Gry CIe N
ACCEPTANCE AND CONSENT
INTERhfOUNTAIN GAS COMPANY.as Mn tmrcnrsee an0'Gremae M Mao Pkirtmra set north abae.occapw to Mrchta sdmm Maeran d Mn bore of Gmnme's
.00Uflon•and agreesmabkOby Mae tarns aid CaoIN GMoroni.Spocamlly(ano punmam to I.C•350-329A).IGC CvnsarRs m Me me peme.(3:)Mal me
wcosraC q'to CMy pumWnl lO Mi5 arm—
DATED Mrs lath day of Jura.202E
INTERMOUNTAIN GAS COMPANY
/-
ERIC per Ep.ELLI
ma-an4 u Re Rale Operenms 8 Omer xpenence
PVglslterM Jura 2AM,2026 gSJ1321-123a55)