Ordinance - 2014 - 715 - Intermountain Gas Franchise - 04/22/2014 CITY OF EAGLE, IDAHO
ORDINANCE NO. 715
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, GRANTING TO INTERMOUNTAIN
GAS COMPANY A TWENTY (20) YEAR FRANCHISE TO CONSTRUCT, MAINTAIN
AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING
FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME,
SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE
RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF
INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS;
REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE
QUARTERLY PAYMENT TO THE CITY, AND THE FILING OF QUARTERLY REPORTS
WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE
OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING
FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT
DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO
SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO
SALE OR ASSIGNMENT PROVIDING FOR PAYMENT OF PUBLICATION COSTS;
SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO.
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 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 Eagle, 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. The location or relocation of all facilities shall be made
under the supervision and with the approval of such representative as the governing body of the
Ordinance No. 715 Page 1
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 there from is first paid to Grantee. The City will avoid the need for such
moving or changing of Grantee's facilities whenever possible. In the event Federal, State or
other funds are available in whole or in part for utility relocating purposes, the City shall apply
for such funds and the Grantee will be reimbursed to the extent any such funds are actually
obtained. Whenever the City grants a permit for an excavation in a street or alley or other public
ground and the work contemplated by the permit may expose gas pipes, mains and
appurtenances of the Grantee, the City shall furnish a copy of the permit to Grantee at least 48
hours prior to such work.
SECTION 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 two years from the date of acceptance by the City, 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 anytime 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 and may be enforced as a lien upon any of its properties or assets.
SECTION IV
TERM OF FRANCHISE AND GRANT
The right, authority and grant herein and hereby made to said Grantee, its successor and
assigns, is granted for, and limited in time to, a period of twenty (20) years from the date it takes
effect.
Ordinance No.715 Page 2
SECTION V
CITY RIGHT TO INSPECTION OF GRANTEE'S PLANS,
ACCOUNTS AND BOOKS —GRANTEE TO FURNISH CERTAIN MAPS
The City shall have access at all reasonable hours to all of the Grantee's service records
relating to the property and operations of Grantee within the City. 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.
SECTION VI
PAYMENT TO CITY AND FILING OF QUARTERLY WRITTEN
REPORT WITH THE CITY
As consideration for this franchise and grant said Grantee, its successors and assigns,
during the franchise period, shall pay to the City three percent (3%) of the gross quarterly
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 quarterly payments shall be in lieu of taxes, fees or charges (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 provider's franchise with the city,
which the City may impose for the tights and privileges herein granted or for the privilege of
doing business within the City.
The Grantee shall file thirty (30) days after the end of each calendar quarter with the City
a report for the preceding calendar quarter, 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. The quarterly report and quarterly
payment for the first quarter of 2014 shall be filed and paid, respectively, on or before April 30,
2014.
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 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.
Ordinance No. 715 Page 3
SECTION VIII
INSURANCE
Upon acceptance of this franchise by Grantee and before Grantee shall have any rights
hereunder, Grantee shall file with the City Clerk a certificate evidencing the insurance of the
Grantee against property damage in an amount not less than $1,000,000.00 and bodily injury
with limits of not less than $1,000,000.00 per person and $2,000,000.00 total for each
occurrence. Provided, however, the.minimum limits of insurance as set forth herein shall be
automatically increased at any time the liability limits of the City are increased pursuant to the
Idaho Tort Claims Act (Idaho Code Section 6-901 et seq.) or any similar legislation.
SECTION IX
SAFETY REGULATION COMPLIANCE
Grantee shall comply with and conform to all safety regulations promulgated by the
United States, State of Idaho or City of Eagle, or any regulatory body having jurisdiction thereof.
SECTION X
AGREEMENT NOT TO COMPETE
RESERVE TO CITY POWER OF EMINENT DOMAIN
In consideration if 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.
Ordinance No. 715 Page 4
SECTION XIII
SALE OR ASSIGNMENT OF FRANCHISE
No sale or assignment of this franchise shall be effective until it is approved by the City,
provided, however, that nothing herein contained shall be construed as to require consent or to
prevent the Grantee of this franchise and grant from including it in a mortgage or trust deed
executed for the purpose of obtaining money for corporate objects.
SECTION XIV
PUBLICATION COSTS
The Grantee shall assume the cost of publication of this franchise as such publication is
required by law.
SECTION XV
FORFEITURE
Any 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 by the City after sixty (60) days written notice to the Grantee and the
continuance of such violation, failure or default; however, this provision shall not prevent the
Grantee from submitting such question of forfeiture to proper court determination.
SECTION XVI
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 of parts thereof would be declared unconstitutional or invalid.
SECTION XVII
REPEAL
All ordinances and parts of ordinances of the City in conflict herewith shall be, and the
same are hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF EAGLE, IDAHO AND
APPROVED BY THE MAYOR THISQ DAY OF APRIL, 2014.
JA ES D. REY 0 %1 S
AYOR
Ordinance No. 715 Page 5
.II I IIIIINII,III
ATTEST: a� OF EqG
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SHAR I N K. BERGMANN * v ... *
CITY CLERK SEAL, f
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(SEAL) NC)
ACCEPTANCE
INTERMOUNTIAN GAS COMPANY, as the franchisee, accepts the franchise set forth
in the above Ordinance and agrees to abide by the terms and conditions thereof.
May
DATED this /Z day of'Apr 1, 2014
INT. 'MOUNTAIN GAS COMPANY
By:
Its: Vice Pres.dent—Operations
ATTEST:
1\41kA/C: LT6-1111 -6./D
Ordinance No. 715 Page 6
SUMMARY'OFPROPOSEDINTERMOUNTAIN GAS
CITY OF EAGLE,IDAHO RECEIVED& FILED
ORDINANCE NO.715 3 -2,q y CITY OF EAGLE
AN ORDINANCE OF THE CITY OF EAGLE,IDAHO,GRANTING TO INTERMOUNTAIN uA
GAS COMPANY A TWENTY (20) YEAR FRANCHISE TO CONSTRUCT,MAINTAIN y Times 1'��R 2014
AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM;PROVIDING Ea le, Idaho 83616
FOR THE USE of STREETS AND ALLEYS,AND RULES C OVERN1NO THE SAit18, g Flle:
SUBJECTING THE GRANTEE TO.ALL POWERS OF THE CITY;SETTING FORTH THE ROU#@
RULES 0:
OF THE FRANCHISE AND>GRANT; PROVIDING FOR THE RIGHT OF
INSESCFION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND.BOOKS;
REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE
QUARTERLY PAYMENT TO THE CITY,AND THE FILING OF QUARTERLY REPORTS q
WITH THE CITY;REQUIRING GRANTEE TO INDEMNIFY CifY,AND FILE EVIDENCE itification: V, I o ,. 1,16"
OF INSURANCE;REQUIRING COMPLIANCE WITH SAFETY REGULATIONS;SETTING
FORTH AN AGREEMENT NOT TO COMPETES RESERVING POWER OF EMINENT
DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO I Dates: 3 - 2 11
SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO
SALE OR ASSIGNMENT; PROVIDING FOR PAYMENT OF PUBLICATION COSTS;
SETTING FORTH PENALTIES AND FORFEITURES,SEPARABILITY AND REPEAL r,,
Pursuant to Idaho Code 150-239,the City of Eagle,Ada County,.Idaho,hereby provides fiber Lines 13" Amount 6136 S7°
a summary of the principal provisions of proposed Ordinance No.715,granting a franchise to
Intermountain Gas Company,introduced at a regular meeting of the Eagle City Council on
March 11,2014,as follows:
Said 1: Establishes authority of Intermountain Gas Company("Grantee")to construct,
install,maintain and operate a gas transmission and distribution system over,across and along Frank Thomason, being duly sworn, deposes
the streets,alleys,bridges and public places within the corporate limits of the City of Eagle. and says: That he is the Principal Clerk of
Section 2: Establishes rules for Grantee's use of the City's sty and public plate, Valley Times, a weekly newspaper published at
Includingiusponsibility forcosts relating to relocation. Eagle, Ada County, State of Idaho; that the said
sedial: Provides that Grantee is subject to all powers of the City and rules governing newspaper is in general circulation in the said
repair and reconstruction of City struts. • County of Ada, and in the vicinity of Meridian,
Star, and Eagle, and has been uninterruptedly
Suajork4: Establishes a twenty(20)year franchise term. published in said County during a period of
Seep 5: Provides for the right of the City to inspect Grantee's plans,accounts and seventy-eight consecutive weeks prior to the first
books and requires Grantee to furnish certain neaps upon request of me City. )ublication of this notice, a copy of which is attached
scow 6: Establishes a franchise fee of three percent(3%)of Grantee's gross quarterly hereto, and that the notice was published in
receipts,provides for quarterly franchise payments and furnishing of a quarterly report to the Valley Times, in conformity with Section 60-108,
' Idaho Code, as amended, for 1 time(s)
Suction Provides for Grantee's i> cationoftheCity. - — in the regular and entire issue of said paper, and
sections:Requires citanteeto obtain insurance and pro vide evidence thereof to the city. was printed in the newspaper proper, and not in a
supplement; and that said notice was published
Section 9: Requires Grantee to comply with all applicable safety regulations.
on the following dates:
Soggigpf): Provides agreement of the City not to compete with Grantee but reserves - Beginning " P.,4 1 (4
City's power of eminent domain.
Seen 11: Establishes right of Grantee to surrender franchise in the event natural gas
ceases to be available to Grantee.
Sion 1,: Requires Grantee to file with the Ending pwt/L `.� `oZ�l1l
City Clerk within thirty(30)days after the
passage and publication of the ordinance its acceptance of the franchise.
Siction 13: Provides rules relating to the sale or assignment of the franchise by Grantee.
° `k. %PJ, •,, STATE OF IDAHO)
.•' ;O )SS
�OTAR r S� '_ COUNTY OF ADA)
S On this c2&Ida y of /14114. in the year of 2014
�
'U B L<<' before me, a Notary Public, personally appeared
• . 0 . Frank Thomason, known or identified to me to be the person
�� •�.. ..••" ,.•' whose name is subscribed to the within instrument,
'f F
OF 1�......
` nd being by me t duly sworn, declared that the
""""r� stat m its erein are a an acknowledged to me that
/b h executed the same.
•
Notary Public for Idaho
Resjjp at B ise, ID
My Commission expires: tZ1/17
7(_;,I,U t\iNt,:.-i.
- -3V ■ &FI m
CITY OF EAGLE
APK 3 0 2014
Valley Times File:
P.O. Box 1790-Eagle, Idaho 83616 Routs
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: CIA) 0-P Ea I (A_ Identification: C5r,..d�0,a.,, 1(o
Address: (e 6o E. C.r V La„ Run Dates: 0 q ' 1--C( Z.0 l`I
C q 1 d 0.I+0
; Ordinance No.715 (continued)
JJ Section 7: Provides for Grantee's indemnification of the('ity-
Co IC Numbe `
Section 8: Requires Grantee to obtain insurance and provide evidence thereof to the City
Attention: Other Section 9: Requires Grantee to comply with all applicable safety regulations. .
. `a 10: Provides aunt of the City not to compete with Grantee but re es
City's power of eminent domain,
tion 11: lismblishes right of Grantee to surrender franchise in the event not gas
maw to be available to Grantee,
Section 12:RequiresFGrantee to file with the City Clerk within thinly(30)days after the
passage publication of the onlinanee its acceptance of the franchise.
'1-s r" Section 13: Provides rules relating to the sale or assignment of the franchise by Grantee.
Seepan 14;Requires Grantee to pay the costs of publication of the franchise ordinance
SUMMARY OF PROPOSED INTERMOUNTAIN GAS as required by law,
FRANCHISE ORDINANCE.
CITY OF EAGLE, IDAHO i.j -2 Z0 1/ • Section 15: Provides rules relating to forfeiture of the Ghise.
ORDINANCE N0.715 �x on.16: Provides for separability.
AN 0RI)INANCE OF'1111.CITY OF EAGLE,IDAHO,GRANTING TO INTERMOUNTAIN SI m u: Provides.a repealer claw,.
GAS COMPANY A TWENTY. (20) YEAR FRANCHISE TO CONSTRUCT,MAINTAIN
AND OPERATE A GAS"I'1RANISMISSION AND DISTRIBUTION SYSTEM; PROVIDING 'he?full text of Ordinance No.715 is available at('"ity Itall and will be provided to an:
FOR 111E USE oF S'IRL.EI'S AND ALLEYS, AND RULES GOVERNING DIE SAME, citizen upan"personal requesidimog norm's)office hours.
SUBJECTING THE CJRAN TEE TO ALL POWERS OF TILE CITY SIi I IING 1'ORT1l 11IE
RULES OF I11E FRANCHISE AND GRANT; PROVIDING FOR THE RIGhff OF 1)ATTA)as of the,42.vIday of April,2014:
INSPECTION BY DIE CITY OF GRANTEE'S PLANS. ACCOUNTS, AND BOOKS;
REQUIRING GRANTEE TO, FURNISH CERTAIN MAPS: SETTING FORTfl 11W
QUARTERLY PAYMENT TO 1 HE C1'rY,AND THE FILING OF QUARTERLY REPORTS a
WITH THE CITY;REQUIRING GRANTEE 1O-INDEMNIFY CITY,AND I ILE EVIDENCE
OF INSURANCE;REQUIRINGCOMPLIANCI WITH SAFETY REGULA`T`IONS,SETTING 1-. e""
FORTH AEI."AGREEMENT' NOT TC? COMPI:II. RESERVING POWER OF EMINENT' ayor,James D, ey ids✓
DOMAIN;'PROVIDING FOR SURRENDER OF FRANCHISE., GRANTING ING RIGHT 'f0 Al I°E.S 1
SAL ; REQUIRING WRirru:N ACCEPTANCE; PROVIDING FOR CONSENT TO ,
SAL. OR'ASSIGNMENT; PROVIDING FOR PAYMENT' OF PUBLICATION COSTS;
G FORTH PENALTIES AND IORFEITIIRES.SEPARA[ILITY AND REPEAT .
Sharon K. tk rgmtann,City CI Treasurer
Pursuant to Idaho Code§,50.239 the City of Eagle,Ada Count},Idaho.herby provides �0,�...,4,4 .
a wry'of"the principal provisions of proposed Ordinance No.715.granting a franchise to IS 1'Al.i ' .c OF '�!�
fan;Gas�,:introduced at a regular meeting of the Eagle City Council on ' a?0 R4-4"
March 1T 2014,as follows: to
* 4,,,,-,w...,► #
roar 1 Establishes authority of Intermountain Gas Company("Grantee")to construct, SEAL
install,maintain and cape rate a gas transmission and distribution a>stem Duct,across and along �'
the mixes.alleys bridges and panic places within the corporate limits of the City of Eagle. -- O, A
Section 2: Establishes rules for Grantee's use of the City's streets and public places.
including responsibility for costs relating to relocation.'
C T."I`ll^RATION 01`Cl!'Y'\I )' \i Y
w 3: Provides that Grantee is subject to all powers oi'the City and rules governing 1,ue arm-maned C ir},rAttotney for and kcal advisor to th City of I;,"lrr.loaha.hcrcut"
repair and reeen tns.tion of City sheets.
cen that I have read the foregoing Summary 01Grdnamee NO 795 of the City of Logic and
that th same is true and complete and provides adequate notice to the public of the contents of
Section 4: Establishes s a twenty(20)ytmr franchise term. said Onh nce"
Section 5: Provides for the right of the City to inspect Grantee's plans,accounts and DATED as oi:he5 or April_2tt!t,
books°and requires Grantee to furnish certain maps upon request of the City. }` !
colon : Establi �a franchise fee of thus:,percent(3%)of Grantee's gross quarterly
4.__ ._
receipts,prev ides for quarterly franchise payments and furnishing of a quarterly report to the 6 City tourney
C.
(Continued in next columns, across and above at right)
SUMMARY OF PROPOSED INTERMOUNTAIN GAS
FRANCHISE ORDINANCE
CITY OF EAGLE, IDAHO
ORDINANCE NO. 715
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, GRANTING TO INTERMOUNTAIN
GAS COMPANY A TWENTY (20) YEAR FRANCHISE TO CONSTRUCT, MAINTAIN
AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING
FOR THE USE OF STREETS AND ALLEYS, AND RULES GOVERNING THE SAME,
SUBJECTING THE GRANTEE TO ALL POWERS OF THE CITY; SETTING FORTH THE
RULES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RIGHT OF
INSPECTION BY THE CITY OF GRANTEE'S PLANS, ACCOUNTS, AND BOOKS;
REQUIRING GRANTEE TO FURNISH CERTAIN MAPS; SETTING FORTH THE
QUARTERLY PAYMENT TO THE CITY, AND THE FILING OF QUARTERLY REPORTS
WITH THE CITY; REQUIRING GRANTEE TO INDEMNIFY CITY, AND FILE EVIDENCE
OF INSURANCE; REQUIRING COMPLIANCE WITH SAFETY REGULATIONS; SETTING
FORTH AN AGREEMENT NOT TO COMPETE, RESERVING POWER OF EMINENT
DOMAIN; PROVIDING FOR SURRENDER OF FRANCHISE; GRANTING RIGHT TO
SALVAGE; REQUIRING WRITTEN ACCEPTANCE; PROVIDING FOR CONSENT TO
SALE OR ASSIGNMENT; PROVIDING FOR PAYMENT OF PUBLICATION COSTS;
SETTING FORTH PENALTIES AND FORFEITURES, SEPARABILITY AND REPEAL.
Pursuant to Idaho Code §50-239, the City of Eagle, Ada County, Idaho, hereby provides
a summary of the principal provisions of proposed Ordinance No. 715, granting a franchise to
Intermountain Gas Company, introduced at a regular meeting of the Eagle City Council on
March 11, 2014, as follows:
Section 1: Establishes authority of Intermountain Gas Company ("Grantee")to construct,
install, maintain and operate a gas transmission and distribution system over, across and along
the streets, alleys, bridges and public places within the corporate limits of the City of Eagle.
Section 2: Establishes rules for Grantee's use of the City's streets and public places,
including responsibility for costs relating to relocation.
Section 3: Provides that Grantee is subject to all powers of the City and rules governing
repair and reconstruction of City streets.
Section 4: Establishes a twenty (20) year franchise term.
Section 5: Provides for the right of the City to inspect Grantee's plans, accounts and
books and requires Grantee to furnish certain maps upon request of the City.
Section 6: Establishes a franchise fee of three percent (3%) of Grantee's gross quarterly
receipts, provides for quarterly franchise payments and furnishing of a quarterly report to the
City.
Summary of Ordinance No. 715
Page 1
Section 7: Provides for Grantee's indemnification of the City.
Section 8: Requires Grantee to obtain insurance and provide evidence thereof to the City.
Section 9: Requires Grantee to comply with all applicable safety regulations.
Section 10: Provides agreement of the City not to compete with Grantee but reserves
City's power of eminent domain.
Section 11: Establishes right of Grantee to surrender franchise in the event natural gas
ceases to be available to Grantee.
Section 12: Requires Grantee to file with the City Clerk within thirty (30) days after the
passage and publication of the ordinance its acceptance of the franchise.
Section 13: Provides rules relating to the sale or assignment of the franchise by Grantee.
Section 14: Requires Grantee to pay the costs of publication of the franchise ordinance
as required by law.
Section 15: Provides rules relating to forfeiture of the franchise.
Section 16: Provides for separability.
Section 17: Provides a repealer clause.
The full text of Ordinance No. 715 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of theday of April, 2014.
fayor, James D. Ney
ATTEST:
Sharon K. Bergmann, City Cle k/Treasurer
[SEAL] I••�••*.<41(vOR \dN AC�F
• SEAL
•
c
Summary of Ordinance No. 715 •••,•'!j�••• I�P�,••,
Page 2 ,,,� OF„'�,,•.
,,•
CERTIFICATION RTIFICATION 01. CI I'Y ATTORNEY
1, the undersigned Cit) Attorney Ibr and legal advisor to the City of Eagle. Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 715 of the City of Eagle and
that the same is true and complete and provides adequate notice to the public of the contents of
said Ordinance,
DATED as of the:d& lay of April, 201-k
i f'.
City Attorney
Sun nary of Ordinance No. 715
Page.
VET&FIL
CITY OF EAGLE
APR 3 0 2014
Valley Times RIH1.
P.O. Box 1790-Eagle, Idaho 83616 irikr
Dointa fn.
LEGAL ADVERTISING PROOF OF PUBLICATION Ordinance No.715(continued)
Section 7: Provides for Grantees indemnification of the City.
(' '- Section S. Requires Grantee to obtain insutttnee and provide evidence thereof to the City
Account: 0 �a' LL, Identific
JJ `ieio 9:Requires Grantee to comply with all applicable safety regulations.
Address: Ce b 0 E. C1 V i . L A.^ e- Run I): : Provides agreement of the City not to compete with Grantee but reserves
City's power of eminent domain:
C I 1 d a H H. Establishes right of Grantee to surrender franchise in the event natural gas
ceases to be available to Grantee.
c()j {` NumbE Section 12; Requires Grantee to tile with the City Clerk within thirty(30)days after the
_passage;and publication of the ordinance its atceptance of the franchise.
Attention: Other
Section 13: Provides rules relating to the sale or assignment of the franchise by Grantee,.
Section 14 Requires Grantee to pay the costs of publication of the franchise ordinance
SUMMARY OF PROPOSED INTERMOt1INTAIN GAS as required by law.
FRANCHISE ORDINANCE
CITY OF EAGI 1 IDAHO Ii -Z. "..0 �
.O Section 15: Provides rules relating to forfeiture of the franchise.
ORDINANCE NO.715 tion 16: Provides tar separability,
AN ORDINANCE OF 111E CITY OF EAGLE,IDAI10.GRANTING TO INTER\IOUN'fAIN 7: Provides a repealer clause: .
GAS'COMPANY A`I'WEN`i'Y (20) YEAR I RANCIIISE'f0 CONS'I'RUC1'.MAINTAIN
AND OPERATE A GAS TRANSMISSION AND DISTRIBUTION SYSTEM; PROVIDING The text of Ordinance No.715 is available at City Hall and will be provided to an,
FOR"IIIE-USE OF STREETS AND ALLEYS, AND RULES GOVERNING'fHE SAME, citizen upon personal requesf duiing no milt office hours.
SUBJECTING TIIE GRACE TO ALL POWERS OF THE CITY SETTING FORTH 111E
RUIES OF THE FRANCHISE AND GRANT; PROVIDING FOR THE RlGlff OF DAIEDasofthe, „4IdayofApril,2014=
INSPECTION BY "lift CITY OF GRANTEE'S PLANS. ACCOUNTS, AND BOOKS;
REQUIRING GRANTEE: TO FURNISH CE=RTAIN MAPS; SF 11 ING FORTH ThIE P '
QUAR'11'RLY PAYMENT!:iv)HIE COY AND THIS FILING OF QUARTERLY REPORTS 0
WITH THE CITY REQUIRING GRANTEE 10-INDEMNIFY CITY,AND FILE EVIDENCE �, ,,, .. .iifiosti
•OFINSURANCE;REQUIRING COMPI IANCF Wl1'I!SAFETY REGULATIONS;sE'CI ING "�yot,James 0, ' Ids
FORTH AN-AGREEMENT NO TO COMPKI'E, RESERVING POWER OF EMINENT ;
1X)MAIN,;PROVIDING FOR'SURRENDER OF FRANCIIISE; GRANTING RIGHT To A-ras,„I: '
SALVAGE; REQUIRING WRrrH.N'ACCEPtANCE: PROVIDING FOR CONSENT TO t
SALE OR ASSIGNMENT PROVIDING FOR PAYMENT OF PUBLICATION COSTS; t
SI'I"FING FOR.THPENAL TIES ANDPORFEITURES.SE'"PARAIIII Fri ANI REPEAL. 12` fi,
Sharon Irgmann,City CI 'ensurer
�,t to Idaho Code 00.239,the City of Eagle.Ada County,Idaho,hereby provides , 0r ,,,a�..,,
a summary/tit`the principal provisions of proposed Ordinance No.715,granting a franchise to IS I;A E 1 ' OF 't±
lnt attntain..Gas Cam", introduced at a regular meeting of the Eagle City Council on oteeaa�r
March I 1 2,914,as follows:
it -,....
ISCASI F iablishas atithelitY of Intermountain Gras Comfy( Grantee")to construct, _ SEAL,,
install Maintain and operate a gm transmission and distribution system over,across and along • .,
the its,alleys,bridges and public places within the corporate limits of the City of Eagle. 0A
Scc+on2: Establisher{tales for Grantee's use of the City's streets and public plains,
including mfor tsrelating to relocation CIA II1 lC,'i'I ION 01 CI I t Al I OR M.V
ctc 3: Provides that Grantee is subject to all powers,of the City and rules governing i '
repair and r cbns tdnxFCuy s. f C t f Attorney fur and legal advisor to {rry of Eatle,Idaho,Itcrcty
t at °
I have read its foregoing 5�rary of Ordinance No 7LS of tfi t ets of Ingle and
tl fib same is true anxl�maptrte and provides adequate notice to the public of the contents of
F iablisi a twenty(20)year franchise term. a tit mance.
1
.403 t 5: Provers for the right of the City to inspect,Goatees plats,accounts and El)'\tFD a s of the ^r ry,tf.lpritx?Of+.
books and requires Grantee to furnish certain maps upon request of the City.
: Establishes a franchise fee of three percent(3%)of Grantee's gross quarterly ` ' „,..A2
? /
recefpis for quarterly franchise payments and furnishing of a quarterly report to the =C'fty Attorney
_.
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(Continued in next columns, across and above at right)
Notary Public for Idaho
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Residi gat of , ID
My Commission expires: 1 l