Black Hills / Iowa Gas Utility Company, LLC Non-Exclusive Franchise Agreement 2018 Copyrighted
May 21 , 2018
City of Dubuque Public Hearings # 6.
ITEM TITLE: Black Hills / lowa Gas Utility Company, LLC Non-Exclusive
Franchise Agreement
SUMMARY: Senior Counsel recommending approval of a new, twenty-
five (25)year franchise agreement with Black Hills/lowa
Gas Utility Company, L.L.C. d/b/a Black Hills Energy, a
successor to Peoples Natural Gas Company.
ORDINANCE Repealing Ordinance No. 43-93 and granting
to Black Hills/lowa Gas Utility Company, L.L.C. D/B/A Black
Hills Energy, a Delaware Corporation, its Successors and
Assigns, the Right and Nonexclusive Franchise to Maintain
and Operate its Existing Gas Distribution System in the City
of Dubuque, lowa, for a period of 25 Years, and Authorizing
the City to Collect Franchise Fees
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Black Hills Pledge Letter Supporting Documentation
Ordinance Repealing Ordinance No. 43-93 Supporting Documentation
Ordinance No. 43-93 Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF
DUB E MEMORANDUM
Mnsterpiere mi the Mississip�i
BARRY LINDAHL
SENIORCOUNSEL
To: Mayor Roy D. Buol and
Members of the City Council
Daie: May 10, 2018
Re: Ordinance Granting to Black Hills/lowa Gas Utility Company, L.L.C. d/b/a
Black Hills Energy a Non-Exclusive Franchise for Its Gas Distribution
System
In 1993, the City Council adopted an ordinance granting to Peoples Natural Gas
Company, its successors and assigns, a non-exclusive authority for a period of 25 years
to maintain and operate its existing gas distribution system and construct extensions
thereto within the limits of city of Dubuque. That franchise expires September 8, 2018.
The City Manager has negotiated a proposed new twenty-five (25) year franchise
agreement with Black Hills/lowa Gas Utility Company, L.L.C. d/b/a Black Hills Energy, a
successor to Peoples Natural Gas Company. lowa law requires the City Council to hold
a public hearing on the question on the adoption of the ordinance granting a franchise. A
copy of the ordinance is attached.
Additionally, attached is a March 9, 2018 Letter of Agreement from Tracy Peterson,
Operating Vice President of lowa Gas, outlining Black Hills Energy's pledge to provide
energy efficiency materials and community involvement reports to the City of Dubuque.
I recommend that the City Council adopt the ordinance.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
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Tracy Peterson 1205 SW 37'"Street
Operating Vice President, Iowa Grimes,IA 50111
tracy.peterson@blackhiilscorp.com P:515.343.2017
March 9, 2018
Michael Van Milligen, City Manager
City of Dubuque
50 W 13th
Dubuque, IA 52001
Letter ofAgreement: Reporting and Community involvement
Dear Mr.Van Milligen:
In your recent proposal ofthe Black Hills Energy natural gas franchise with the city ofDubuque,you
asked about energy efficiency materials and community involvement reports. Both ofthese items are
important to us as your community partner. However, we normally do not include this type of
language in the franchise document. Instead, we provide a letter of agreement as our pledge to
provide that information to you going forward.
We will provi@e energy efficiency literature for display in any city facilities you feel appropriate. We
will provide replacements and updates whenever you need them. We will participate in
neighborhood and community events,when possible, and upon a request from the city or
neighborhood organization, to encourage city residents to utilize the company's energy efficiency
programs.
Any new pilot programs developed by the company will be offered first to the city where appropriate or
practical for the City of Dubuque.
We enjoy participating in Dubuque community events,organizations and projects and making
contributions that benefit the residents. As you have requested, we wi(1 share an annual report to the city
manager with details. This written report will be provided by June 1 of each year and shall include the
name of each entity to which contributions have been made, the amount of such contribution and a
comparison showing contributions for the past year and the three(3)prior years. This report will be for
the city's internal use on(y.
Knowing that it is the City's goal to reduce its greenhouse gas emissions by 50% by 2030, Black Hills
Energy will provide an annual update on the steps we have taken to support this goal,including the
company's plans to reduce greenhouse gas emissions.
We look forward to continuing our partnership to provide your community with safe,reliable natural gas
service.
Sinc •�ly,
T Peterson
Operating Vice President, Iowa Gas
Improving life with energy
www.blackhillscorp.com
ORDINANCE NO. 17-18
REPEALING ORDINANCE NO. 43-93 AND GRANTING TO BLACK HILLS/IOWA GAS
UTILITY COMPANY, L.L.C. d/b/a BLACK HILLS ENERGY, A DELAWARE
CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-
EXCLUSIVE FRANCHISE TO MAINTAIN AND OPERATE ITS EXISTING GAS
DISTRIBUTION SYSTEM IN THE CITY OF DUBUQUE, IOWA, FOR A PERIOD OF 25
YEARS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES
BE IT ENACTED by the City Council of the City of Dubuque, Iowa:
Except as explicitly provided in Section 22 hereof regarding the continuation of the
present franchise fee, Ordinance No. 43-93, (City Code Sections 11-4-1 through 11-4-25
both inclusive), shall upon the effective date of this franchise be repealed and replaced
by this Ordinance. Upon the effective date of this Ordinance, all prior franchises granted
to the company to furnish gas to the city and its inhabitants are hereby repealed and all
other ordinances or parts of ordinances in conflict herewith are also hereby repealed.
Section 1. Definitions. Whenever the following words or terms are used in this
chapter, they shall be intended and held to have the meanings ascribed to them in this
section:
CITY: The City of Dubuque, Iowa.
COMPANY: Black Hills/Iowa Gas Utility Company, L.L.C. dba Black Hills Energy, a
Delaware Corporation, its successors and assigns.
FRANCHISE: The grant of authority contained in this ordinance as accepted by the
company.
GRANTEE: Black Hills/Iowa Gas Utility Company, L.L.C. dba Black Hills Energy, a
Delaware Corporation, its successors and assigns.
IOWA UTILITIES BOARD: The utilities board or utilities division established by Iowa Code
chapter 474 (or its successor).
MIXED GAS: Natural gas mixed with other combustible gases by company to augment
the company's gas supply.
STREET: Streets, alleys, bridges, avenues, highways and other similar public places
used for transportation purposes within the city.
Section 2. Grant of Franchise.
(1) There is hereby granted to Black Hills/Iowa Gas Utility Company, L.L.C. dba Black
Hills Energy, a Delaware Corporation (the company), its successors and assigns, for a
041318ba1
period of twenty-five (25) years a nonexclusive authority to maintain and operate its
existing gas distribution system and construct extensions thereto within the limits of the
city including any areas added to the city by annexation or otherwise, together with all
necessary facilities and equipment (mains, piping and appurtenances) in, upon, over,
across, and along the streets of the city for the transmission, distribution and sale of
natural gas or mixed gas therein.
(2) The company is granted the right to exercise powers of eminent domain.
(3) The city council reserves to itself the right to extend this franchise to specific areas
or corridors within parks at the request of the company.
(4) The city further reserves to itself the right to produce, supply, transmit, sell, or
transport pipeline quality biogas produced from city, affiliate 28E organizations, or city's
subcontractors. City may distribute pipeline quality biogas to city or affiliate 28E
organization facilities, but city shall not distribute pipeline quality biogas to third -party
customer facilities. City shall be allowed to produce, supply, transmit, sell, transport, or
distribute non -pipeline quality biogas, commonly referred to "dirty" gas, to city or affiliate
28E organization facilities or to third -party customer facilities. The company shall
transport gas purchased or produced by the city over the company's system in
accordance with applicable rules, laws and the company's natural gas tariff on file with
the Iowa Utilities Board. Company shall not be required to extend or expand its system
if such extension or expansion does not comply with company's feasibility model.
Section 3. Street Usage.
(1) The city reserves to itself the power to impose reasonable regulations on the
company's use of streets. The company shall not locate any new or reconstructed gas
service lines or other improvements of any kind within the city in the public rights of way
without the approval of the city. The company agrees to consult with the city as to the
location of any new high pressure gas pipelines carrying a pressure of seventy (70)
pounds or more that will be outside the city limits which will serve the city, and use its
best efforts to place such lines so they will be compatible with any impacted zoning,
economic development, growth and other plans of the city.
(2) In the use of right-of-way under this franchise, the company shall be subject to all
rules, regulations, policies, resolutions and ordinances now or hereafter adopted or
promulgated by the city in the reasonable exercise of its police power. In addition, the
company shall be subject to all rules, regulations, policies, resolutions, and ordinances
now or hereafter adopted or promulgated by the city relating to permits, sidewalk and
pavement cuts, utility location, construction coordination, screening, and other
requirements on the use of the right-of-way; provided, however, that nothing contained
herein shall constitute a waiver of or be construed as waiving the right of the company to
oppose, challenge, or seek judicial review of, in such manner as is now or may hereafter
be provided by law, any such rules, regulation, policy, resolution, and ordinance
proposed, adopted, or promulgated by the city. Further, the company shall comply with
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the following:
(3) All facilities placed above ground in street right-of-way after the date hereof shall
be located behind the sidewalk where feasible and screened from public view in a manner
that will not interfere with ADA requirements or cause visibility issues as determined by
the City Engineer. Upon request of the company, the original screening materials may be
provided by the city or the city's contractor at the company's expense in conjunction with
and as part of the city program for right-of-way maintenance. At the request of the
company, the city or adjacent property owner will thereafter maintain such original
screening materials at the city's own expense and/or direction provided that thecity made
the selection of or subsequently approves the materials so maintained. Notwithstanding
the above, the company shall use its best efforts to provide that all facilities constructed,
replaced, or relocated in the right-of-way after the date hereof shall be placed
underground unless, because of the nature of the facility or the standard construction or
operating practices of the company, the company requests such Facilities be placed
above ground. Upon such request, the city engineer or right-of-way coordinator shall
review and approve the plans for the above ground placement of Facilities in accordance
with reasonable procedures established by the city, and subject to such reasonable
conditions as the city may establish for public safety, appearance, or coordination with
Public Improvements. Further, where reasonable, practical, and appropriate and where
adequate Right -of -Way exists, the company shall screen or shall place above -ground
Facilities underground in conjunction with city capital improvement projects and/or at
specific locations requested by the city provided that such placement is practical, efficient,
and economically feasible.
(4) The city encourages the conservation of right-of-way by the sharing of space by
all utilities. Notwithstanding provision of this franchise prohibiting third party use, to the
extent required by federal or state law, the company will permit any other franchised entity
by appropriate contract or agreement negotiated by the parties to use any and all facilities
constructed or erected by the company.
Section 4. Excavations and Other Works; Vacated Property.
(1) In making excavations in any streets, avenues, alleys and public places, the
company shall not unreasonably obstruct the use of the streets, avenues, alleys or public
places. The company in making any such excavations shall, if required by ordinance,
obtain a city permit therefor and shall not unnecessarily obstruct the use of streets,
avenues, alleys, or public places and shall provide the city manager or city manager's
designee or such other person as the city may designate with twenty four (24) hours'
notice prior to the actual commencement of the work, and shall comply with all provisions
and requirements of the city in its regulation of the use of city right of way in performing
such work. In emergencies which require immediate excavation, the company may
proceed with the work without first applying for or obtaining a permit, provided, however,
that the company shall apply for and obtain an excavation permit as soon as possible
after commencing such emergency work. The company shall comply with all provisions
and requirements of the city in its regulation of the use of city right of way in performing
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any excavations. The company shall comply with all city ordinances regarding paving
cuts, placement of facilities and restoration of pavement and other public infrastructure.
The company shall replace the surface, restoring the condition as existed prior to the
company's excavation, but shall not be required to improve or modify the public right of
way unless said improvement is necessary to meet a SUDAS (statewide urban design
and specifications) standard, a requirement of the Americans with disabilities act, or any
other standard mandated by state or federal law, provided however, if any improvement
is requested or required for aesthetic, cosmetic or similar purposes not mandated by state
or federal law the city shall reimburse the company the incremental cost of such
improvements. The company shall complete all repairs in a timely and prompt manner.
Company agrees any replacement of road surface shall conform to current city
ordinances regarding its depth and composition.
(2) The city when vacating a street, avenue, alley, public ground or public right of way
shall not deprive the company of its right to operate and maintain existing facilities and
their replacements on, below, above, or beneath the vacated property. Prior to the city
abandoning or vacating any street, avenue, alley, right of way or other public ground
where the company has facilities, the city shall grant the company a utility easement for
said facilities. This section shall not apply to the realignment, reconstruction, or vacation
of streets or alleys in a designated urban renewal area; provided, however, the city shall
identify, reserve and make available alternate locations for facilities to serve the
designated urban renewal area consistent with the technical needs of the company.
Section 5. Relocation of Pipes, Conduit and Services; Public
Improvements.
(1) Whenever the city shall pave or repave any street or shall change the grade line
of any street or public place or shall construct or reconstruct any conduit, water main
service or water connection, sewer or other municipal public works or utility, it shall be the
duty of the company, when so ordered by the city, to change its mains, services and other
property in the streets or other 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, municipal public works or utilities, and other mains so constructed or
reconstructed. However, the company shall not be required to relocate pipes, mains and
appurtenances when the street, alley or public grounds, in which they are located, is
vacated for the convenience of abutting property owners and not as an incident to a public
improvement, unless the reasonable cost of such relocation and the loss and expense
resulting therefrom is first paid to the company by the abutting property owners. In the
case of public improvements, including, but not limited to, urban renewal projects, the city
may require the company to relocate pipes, mains, services and appurtenances in the
streets at company's expense
(2) The city may at its discretion assign personnel for inspection of excavation and
related work being performed by the company. Should the company fail or refuse to do
and perform the things provided in this chapter, the city may, after reasonable notice,
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perform the work and charge the reasonable and necessary expense thereof to the
company and the company shall promptly pay said charges.
(3) In the event the company is required to move, remove or modify the placement of
any of its facilities located within the city because of any public improvement or public
purposes of the city, the company shall do so at its own expenses as directed by the city.
In planning for the extension or modification of streets and roads, the city shall, to the
extent practicable in the discretion of its public works director, design such changes to
limit the need for the relocation of company facilities.
(4) The city may require the company for the purposes of facilitating the construction,
reconstruction, maintenance or repair of the street, avenue, right of way or alley, public
places or grounds in accord with the ordinances of the city at the company's cost and
expense in accordance with Iowa law, including company's tariff on file with and made
effective by the Iowa Utilities Board as may subsequently be amended, to construct,
replace, repair, locate and relocate its existing facilities or equipment in, on, over or under
any public street, avenue, right of way, alley, public places or grounds in the city in such
a manner as the city may reasonably require, except the company shall not be required
to construct, replace, repair, locate and relocate existing facilities where company
facilities are located in private easements (whether titled in the company or other entities)
unless said private easement is upon land owned by the city.
(5) If the city orders or requests the company to relocate its existing facilities or
equipment for any reason other than as specified above, or as the result of the initial
request of a commercial or other nonpublic development, the company shall receive
payment for the cost of such relocation as a precondition to relocating its existing facilities
or equipment.
(6) The company shall not be required to relocate, at its cost and expense, company
facilities in the public right of way that have been relocated at company expense at the
direction of the city in the previous two (2) years.
(7) The city shall consider reasonable alternatives in designing its public works
projects so as not arbitrarily to cause the company unreasonable additional expense in
exercising its authority under this section. The city shall also provide a reasonable
alternative location for the company's facilities as part of its relocation request.
Section 6. Accessions to Franchise. The company shall maintain the
availability of service throughout the entire city including newly annexed areas. The
company shall furnish gas in sufficient quantities to supply the reasonable demands of
the city and the inhabitants thereof and including industrial users in accordance with the
regulations and conditions of service as approved by the Iowa utilities board.
Section 7. Condition of Service. The company agrees to provide and maintain
its entire plant and system in such condition that it will furnish safe, adequate, efficient
and continuous service.
Section 8. Regulatory Review.
(1) To the extent the provisions of this section are consistent with state and federal
law and regulation, the rights described in this section are reserved to the city and may
be exercised by it in its discretion in accord with the duty of the city to protect the health
and welfare of its citizens.
(2) Company shall, at all times, maintain an adequate pressure and adequate supply
of clean, standard gas of the British thermal unit heating value of not less than that
prescribed in its rules and regulations relating thereto in effect and on file from time to
time with the Iowa Utilities Board or other competent authority having jurisdiction in the
premises. Should the British thermal units fall below the limitation set forth in its
appropriate rules and regulations, the rate then in effect shall be automatically and
correspondingly lowered and reduced during any period or periods of time in which such
lower British thermal unit value shall be furnished. The city shall have the privilege of
requesting company to furnish satisfactory proof of British thermal unit content of the gas.
(3) Gas furnished to consumers under this franchise shall be pipeline quality natural
gas except that it shall contain some element or compound with an easily detected odor
in an amount sufficient to be noticeable when the gas is released, but not sufficient to be
harmful to human or animal life or to interfere with combustion.
(4) All gas service shall be supplied through a meter which shall accurately measure
the amount of gas supplied to a consumer. The consumer shall supply a safe and proper
place for the installation of each such meter. Standards for meters and meter practices
shall be in accordance with regulations, rules or directives adopted by the Iowa Utilities
Board.
Section 9. Reserved Regulatory Rights. In the event the state of Iowa or the
United States ceases to regulate any aspect of the delivery of gas service now regulated
by either or both, the city reserves the right upon such cessation to regulate such matters
to the extent such matters are local affairs impacting the health, safety or welfare of
residents of the city.
Section 10. Technological Changes; Energy Efficiency.
(1) Should, within the period of this franchise, developments within the field of power
or heating substances offer to the company the opportunity to more effectively, efficiently
and economically serve its customers through use of a substance or material other than
natural gas, then the company may petition the city council which, with such requirements
or limitations as it deems necessary to protect public health, safety and welfare, allow the
gas of such substances under the terms and conditions of this franchise.
(2) The company shall be allowed to mix other combustible gases with natural gas
for distribution within the city as such mixture may be advantageous to the operation of
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the company. Such use of mixed gas, however, shall not relieve the company of its
obligations under this franchise.
(3) The City and affiliate 28E organizations, intend to develop and/or partner on
development of alternative energy implementation strategies (BioCNG at the Water &
Resource Recovery Center [W&RRC] and Dubuque Metropolitan Area Solid Waste
Agency [DMASWA] are examples). Black Hills Energy agrees to cooperate in the
development of these projects to make them as effective and efficient as reasonably
possible.
Section 11. Extension of Service.
(1) The company shall be required to extend its gas distribution system in accordance
with rules and regulations relating to customer connections and main and service line
extensions currently in effect and on file from time to time with the Iowa utilities board or
other competent authority having jurisdiction. Whenever the distribution system is so
extended, those mains and service lines that are beneath streets and roads constructed
by the city or a private developer within the city limits, and the pavement constructed with
hot mix asphalt, the company shall have all the mains and service lines extended out of
the pavement area before the final lift of asphalt is installed. If the pavement is constructed
with concrete, the service lines may be extended after the pavement is completed. All
pavement repairs shall be full depth and replaced in full panel sections according to the
city excavation policy and approved by the city engineer.
(2) The city may, in the extension or modification of streets and roads, make provision
for the placement of company service lines and facilities on city owned right of way without
charge to company. In the event such an area is provided, the company must utilize the
area provided for placement of its service lines and facilities as directed by the city or
other reasonable location provided by the company. Nothing in this franchise shall be
construed as a guarantee that in either existing right of way or in future acquired right of
way the city will provide sufficient space for any particular need bf the company nor shall
the city be required to obtain additional right of way solely for the use of the company.
Section 12. Rates.
(1) The company shall supply gas to consumers within the city at reasonable rates. It
is recognized that under the statutes of the state of Iowa, the Iowa Utilities Board of the
Iowa department of commerce is vested with legal authority to supervise, fix or change
rates and charges authorized to be charged by the company to gas consumers. It is also
recognized by both the company and the city that matters involving rate changes and
charges are local in their application and effect and that the city, through its city council,
shall be within its privileges and municipal responsibilities in making inquiries, expressing
interest or adopting position on matters of rate changes or charges by the company.
(2) In the event rates or charges in general, or any class or type of rate or charge
shall, during the term of this franchise, cease to be regulated by any state or federal
agency, the city council reserves the right to regulate such rates within the city.
Section 13. Reports. The company shall file with the city council a true copy of
the annual report of the company pertaining to the operation or conduct of business of
the company under this franchise. The report may be the same as the company shall
have prepared for such year in the ordinary course of the conduct of the business of the
company and filed with the Iowa Utilities Board.
Section 14. Maps of Distribution System.
(1) The company shall, promptly after the award of this franchise, furnish the city
engineer one electronic copy, in format and datum compatible with city's GIS program,
policies and procedures, including confidentiality, detailed map or maps of its distribution
system both within the city limits and the area immediately surrounding the city. Such
maps shall include, but not be limited to, standard facilities showing the location of above-
ground and underground natural gas facilities, to be used for design and planning only.
The company shall thereafter update the map or maps every year showing all subsequent
additions or deletions to the distribution system, with GIS compatible maps to the city.
However, prior to any excavation by the city or its agents, a city representative must
contact the company regarding current information on the location of gas mains or gas
laterals in the area concerned. The obligation to contact the company under this section
shall be satisfied if contact is made with a corporation organized pursuant to Iowa Code
chapter 480 (1993) or an entity with a similar function utilized by both the city and the
company.
(2) The company and city recognize the information may in whole or part be
considered a confidential record under state or federal law or both. Therefore, the city
shall not release any information without prior consent of the company and shall return
the information to company upon request. The city recognizes that company claims the
information may constitute a trade secret or is otherwise protected from public disclosure
by state or federal law on other grounds and agrees to protect the information to the extent
allowed by state or federal law. Furthermore, the city agrees that no documents, maps or
information provided to the city by the company shall be made available to the public or
other entities if such documents or information are exempt from disclosure under the
provisions of the freedom of information act, the federal energy regulatory commission
critical energy infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or
chapter 22 of the code of Iowa, as such statutes and regulations may be amended from
time to time. In the event a request is made to the city for any such documents or
information and the city attorney determines in his or her sole discretion that such
documents or information is not exempt from disclosure or any action at law, in equity or
administrative is brought against the city regarding disclosure of any document which the
company has designated as a trade secret or as otherwise protected from disclosure the
city shall promptly notify the company. The company may take such action as it deems
necessary to prevent such disclosure, and in the event the company fails to take any such
action within ten (10) business days after receipt of such notice, the city may disclose the
documents or information without any liability of any kind to the company.
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Section 15. Indemnification. The company shall indemnify and hold the city
harmless at all times during the term of this franchise from and against all claims for injury
or damage to persons or property caused by the construction, erection, operation or
maintenance of its properties, or the negligence of company contractors or company
employees; provided, however, that the company need not save the city harmless from
claims, demands, losses and expenses arising out of negligence of city, its employees or
agents. Furthermore, the city agrees to indemnify and hold the company harmless at all
times during the term of this franchise from any and all claims related to the use of
company maps for locating purposes instead of complying with Iowa Code Chapter 480
(1993) or improper disclosure of company maps as described in Section 14 above. In
case of any suit or action at law being commenced against the city, upon any claim for
damage arising out of any loss, injury or damage, claimed to have been caused by any
installation, improvement obstruction or excavation in any street, alley, sidewalk or public
place in the City of Dubuque, and which installation, improvement, obstruction or
excavation was made or left, in, under or upon such street, sidewalk, alley or public place
by said company, its agents, contractors or employees, upon being notified by said city
of such action or proceeding, said company shall appear and make proper defense
thereto; and if any judgment or decree shall in any such case be rendered against the city
therein, said company hereby agrees to assume, pay and satisfy such judgment or
decree, with the costs thereof.
Section 16. Nonassignment.
(1) No sale, assignment or lease of this franchise shall be effective until it is approved
by the city council and until the company has filed in the office of the city clerk written
notice of the proposed sale, transfer, disposition or assignment, such notice to clearly
summarize the proposed procedure and the terms and conditions thereof. Such approval
by the city shall not be unreasonably withheld. The proposed vendor, assignee or lessee
shall similarly file an instrument, duly executed, reciting such proposal, accepting the
terms of this franchise and agreeing to perform all the conditions thereof
(2) This provision shall not apply to sales, assignments, or transfers made pursuant
to a corporate reorganization, divestiture or consolidation or to a sale of all or substantially
all of the gas distribution properties of the company.
Section 17. Material Breach; Termination. Either city or company ("party") may
terminate this franchise if the other party shall be materially in breach of its provisions.
Upon the occurrence of a material breach, the non -breaching party shall provide the
breaching party with notification by certified mail specifying the alleged breach. The
breaching party shall have sixty (60) days to cure the breach, unless it notifies the non
breaching party, and the parties agree upon a longer period for cure. If the breach is not
cured within the cure period, the non -breaching party may terminate this franchise. A
party shall not be considered to be in breach of this franchise if it has operated in
compliance with state or federal law. A party shall not be considered to have breached
this franchise if the alleged breach is the result of the actions of a third party or the other
9
party.
Section 18. Severability. If any section or provision of this chapter is held invalid
by a court of competent jurisdiction, such holding shall not affect the validity of any other
provisions of this chapter which can be given effect without the invalid portion or portions
and to this end each section and provision of this chapter is severable.
Section 19. Revival. The parties recognize that over the duration of this franchise
both technological and regulatory changes will take place which will impact the
enforceability of this chapter or parts of it. In recognition of such factors, the parties agree
that in the event portions of this chapter which are now, or in the future, are found or
declared inapplicable or unenforceable, become through a subsequent change in law or
technology again to be applicable or enforceable, such provisions shall be revived and
again form a portion of this chapter.
Section 20. Reservation of Home Rule Powers. This chapter is intended to be
and shall be construed as consistent with the reservation of local authority contained in
the twenty fifth amendment to the Iowa constitution granting municipalities home rule
powers. To such end, any limitation on the power of the city is to be strictly construed and
the city reserves to itself the right to exercise all power and authority to regulate and
control its local affairs, and all ordinances and regulations of the city shall be enforceable
against the company unless, and only to the extent, they are irreconcilable with any rights
granted the company under this franchise.
Section 21. Acquisition at Expiration. If at the expiration of this franchise the
company wishes no longer to operate the gas service system within the city or to sell,
assign or lease the system to a third party, then the company shall upon the city's request,
given not earlier than one hundred eighty (180) days before expiration or more than ninety
(90) days after, sell the gas distribution system to the city at a price determined by a
mutually agreeable appraiser, or if the parties cannot, within sixty (60) days of notice,
agree upon an appraiser, then they shall each appoint an appraiser and the appraisers
shall 'appoint a third, the price shall then be the price the appraisers agree upon, or if they
do not agree within sixty (60) days of being appointed, the price shall be the average of
the two (2) appraisals which are closest in dollar amount.
Section 22. Franchise Fee.
(1) The franchise fee presently imposed by the city upon the company under
Ordinance 59-03 as amended by Ordinance Nos. 76-03, 08-10, 07-14, 02-15, and 15-15,
shall continue under this franchise. In addition, the city is authorized to impose by
ordinance a franchise fee up to the amount allowed by Iowa law upon the gross revenue
generated from sales of gas by the company within the corporate limits of the city. The
company and city agree that the city council may in its discretion increase the franchise
fee by ordinance, without further consent from the company, provided no increase shall
exceed the maximum franchise fee allowed by Iowa law. Upon notice, the company shall
promptly seek a tax rider tariff from the Iowa Utilities Board and the company shall begin
10
collecting the franchise fee and any increased fee upon receipt of written approval of the
required tax rider tariff from the Iowa Utilities Board. The city shall provide to the
company's Iowa franchise manager, by certified mail, copies of annexation ordinances
and all new property addresses to which the franchise fee will be applied. The company
shall commence collecting the franchise fee in the annexed areas sixty (60) days
thereafter.
(2) The company shall not, under any circumstances be required to return or refund
any franchise fees that have been collected from customers and remitted to the city. In
the event the company is required to provide data or information in defense of the city's
imposition of franchise fees or the company is required to assist the city in identifying
customers or calculating any franchise fee refunds for groups of or individual customers
the city shall reimburse the company for the expenses incurred by the company to provide
such data or information.
Section 23. Adoption; Franchise Effective and Binding. This article and the
rights and privileges herein granted shall become effective and binding upon its approval
and passage in accordance with Iowa law and the written acceptance by the company.
The city shall provide company with an original signed and sealed copy of this article
within ten (10) days of its final passage. The company shall, within thirty (30) days after
the city council approval of this article, file in the office of the clerk of the city, its
acceptance in writing of all the terms and provisions of this article. Following city council
approval, this article shall be published in accordance with the code of Iowa. In the event
company does not file its written acceptance of this article within thirty (30) days after its
approval by the city council this article shall be void and of no effect.
This Ordinance shall be effective once approved in accord with Iowa law.
Passed and approved this 21st day of May 2018.
CITY OF DUB I QUE, IOWA
ATTEST:
B
Kevin S. Firnstahl, City Clerk
Roy D. Buolflayor
11
1, Kevin S. Firnstahl, City Clerk of the City of Dubuque, Iowa, hereby certify that the above
and foregoing is a true copy of Ordinance No. 17-18, passed by the City Council of said
City at a meeting held the 21st day of May, 2018, and signed by the Mayor on May 21,
2018, and published as provided by law on the 23rd day of May, 2018.
B
Ke in S. Firnstahl, i y Clerk
F:\Users\tstecI e\Lindahl\Franchise Fee Ordinance Notebook\Black Hills\City of Dubuque BHE franchise_041318bal.docx
12
Tracy Peterson
Operating Vice President, Iowa
tracy.peterson@blackhillscorp.com
May 30, 2018
Michael Van Milligen, City Manager
City of Dubuque
50 W 13th
Dubuque, IA 52001
Dear Mr. Van Milligen
18 MAY 30 PH 05
nit,/ Clerks afice
gD/7115/
1205 SW 371h Street
Grimes, IA 50111
P: 515.343.2017
Included with this letter is Black Hills Energy's acceptance of ordinance 17-18 granting Black Hills
Energy a franchise with the City of Dubuque.
I would like to thank you for the time and attention you have given to renew our franchise agreement
with the City of Dubuque. Black Hills Energy and our employees are privileged to have the
opportunity to continue to provide safe, reliable natural gas service to our customers in Dubuque.
Tracy L Peterson
Operating Vice President, Iowa Gas
LR/tlp
Enc
Improving life with energy
www.blackhillscorp.com
Acceptance by Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy,
an Iowa corporation, of the terms and provisions of Ordinance No. 17-18
of the City of Dubuque, Iowa
Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy ("Black Hills
Energy") hereby accepts for itself, its lessees, successor and assigns, all of tile terms, conditions and
provisions of Ordinance No. 17-18, passed by the City Council of the City of Dubuque, Iowa, this
30th day of May, 2018, granting a franchise to Black Hills.
IN WITNESS WHEREOF, Black Hills has caused this Acceptance to be executed by its
Vice President of Operations, on this 30th day of May, 2018.
Received thi,. " / day o
Black Hills/Iowa Gas Utility Company, LLC
d/b/a Black Hills Energy
By:
Vice Pr
rations
, 2018, by the City of Dubuque, Iowa.
Ade
o City o Dubuque, Iowa
ACCEPTANCE
The forgoing ordinance amending the Franchise Agreement is hereby accepted by Black
HiIls/Iowa Gas Utility Company, L.L.C. d/b/a Black Hills Energy on the day of
, 2018.
By:
Printed Name
Title
13
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G
1. Black Hitisilowa Gas Utility Company, LLC. clibia Black Nils Energy shall furnish a signed
certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit 1 prior to
the contract commencement. Each certificate shall be prepared on the most current ACORD form
approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a
statement under Description of Operations as to why the certificate was issued.
2_ All policies of insurance required he • r shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque_
4. The vendor shall be required to carry the minimum coverageilimits, or greater if requir by law
other! !agreement, in Exhibit L Fai to ide the - tred minimum coverage s
deemed a waiver of such requirements by the City of Dubuque,
"
5. All required endorsements shall be c to c cate.
6_ Whenever an ISO i s referenced, the current edition must be provl
7. Vendor shall require all contra sub -s * *ontractors to obtain and maintain, during the
performance of work, insurance for the coverages commensurate the work being perf
and shall obtain certificates of insurance from all such ctors and sub -s
Vendor es that it shall be El le for the failure of a contractor and sub-su
and maintain such coverage. The City req a • of such certificates frorn the Vendor.
Page 1 of 4 Schedule G Vendors April 2017
14
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
EXHIBIT I
Vendor will use its corporate insurance proaram, which miaht include a level of self-insurance, or
self-insured retention, in fulfillment of the liability obligations arising from any operations. Any
and MI deductibles or self-insured retentions associated shall be assumed by, for the account of,
and at the sole risk of Bieck Hills Corporation and its subsidiaries.
A) COMMERCIAL GENERAL LIABILITY
P
Pe
Each
Fire Dan
Medical P
1)
2)
3)
4)
5)
6)
7)
13) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
benefits covering ail -•sloyees injured on the job by a
by e Chapter 85 as amended.
Limit
Operations Aggregate Limit
As sing Injury Limit
ce
'mit (any one occurrence)
52,000,
51,000,000
51,000,000
51,000,000
550,000
55,
t #
"I $
n on an occurrence, not claims ma4 Th ger»
aiibewritteninaccordwithjSOformCGt
4 * s from the s ISO commercial
s owners • BP , shall be clearly
25 04 "Desigriated Location(s) General
t coverage is primary and non-conbib
aiental Immunities Endo
etes any fell
a insureil *orsement for:
Dubuque, tnckiding an 1- and ap. . s officas, ail its
and vlaturrteers, all its ,cornm,ssions 4r aut es and
and m -s and volunteers. Use ISO florin CG 20 10
Policy shall include Waiver of Right to Recover from Others en ent.
Page 2 of 4
p
Poll
None 0on of Workers' Compensation or Empkwers' Liability Coverage under Iowa
Co..esec 87.22
yes form attached
A
Statutory—State of Iowa
Employers Liability
Each Accident
Each Employee Disease
Policy Limit -Disease
tude Waiver of Right to Recover from
$100,
5100,000
$500,000
# I
ent or di
er endorsement.
Schedule 0 Ven
City of Dubuque Insurance Requirements for Vendors (Suppliers, Service Providers)
INSURANCE SCHEDULE G (continued)
C) ENVIRONMENTAL IMPAIRMENT LIABILITYOR POLLUTION LIABILITY
Coverage required: yes * no
Poll $ n liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution ex re for abatement of hazardous or contaminated materials
including, but not * to, petroleum products, the removal of 1 , as $ os, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each Occurrence
Policy Aggregate
$2,000,000
$4,
L I ,000
Policy to include premises and transportation coverage.
ude a* , at insured for:
The City of Dubuque, including all its elected and ed offi
s and volunteers, all its boards, commissions and/or au
ard members, e ees and volunteers. Use ISO fomi CG 20 10.
operations) as s .* in A(6) a
2) Inc servation of Governmental Immunities •*rse
3) Provide evidence of coverage for 5 years after co ,# ton o proj
441'
an
*
D) PROFESSIONAL UABIUTY
Cove r
;41
yes
1.
41+
Provide evidence of c e f�r 5 years after completion of p
E) CYBER LIABILITY
Coverage
yes
re $ loss of income
F) UMBRELLA/EXCESS
* yes no
$1,000,
1
At,*
c
to
Urnbrelfalexcess liability coverage must be at least Eoflowing frm wth
policies inclu herein.
Page 3014 Schedule G Vendors April 2017
City of Dubuque Insurance Requirements for Vendors (Suppliers. Service Providers)
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of The City of Dubuque, Iowa as an Additional insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraoe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the ie of towa Section 670.4 as it
now exists and 35 11 may be amended from time to time. Those claims not subject to of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity, The City of Dub e, Iowa shall be n&hIe for asserting
any defense of govern 1 immunity, and may do so at any me and shall do so upor the timely written
request of the insurer.
4,
shall
reasons
the defense(s)
ial of Coverage_ The insurer shall not y coverage i er this poiicy and the insurer
of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
tal immunity un and until a court of co has ruled in fav* of
I immunity asserted by the City of Dubuque, towa.
Change M P* The above p
'on of mmental EMMU
alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL. ANKS AND CHECK BOXES)
herwise
Page 4014 Schedule G Vendors April 2017
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Friday, June 15, 2018 2:27 PM
To:Kevin Firnstahl
Subject:RE: BHE Franchise Agreement and Acceptance
Hi Laura,
I now have copies of each TH invoice as well as original Certificates of Publication for the BHE Notice of Public Hearing
and publication of Ordinance No. 17-18.
I’m happy to mail them you can pick them up.
Please advise.
Thank you,
Kevin S. Firnstahl, City Clerk
th
50 W. 13 Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
From: Kevin Firnstahl
Sent: Wednesday, May 30, 2018 12:31 PM
To: laura.roussell@blackhillscorp.com
Subject: RE: BHE Franchise Agreement and Acceptance
Laura,
I’ve requested additional proofs from the TH as I only have the one of the Public Hearing
Attached is a copy of the TH invoice for the public hearing. I haven’t received the invoice including the ordinance yet.
That will come with the next batch of proofs.
Thank you.
From: Roussell, Laura \[mailto:Laura.Roussell@blackhillscorp.com\]
Sent: Wednesday, May 30, 2018 11:52 AM
To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>
Subject: RE: BHE Franchise Agreement and Acceptance
Thanks, Kevin.
I have sent the form to my VP and hoping to get his signature this afternoon. As soon as I have it, I will stop by city hall
and deliver.
Also, want to let you know that if you can get me a copy of your invoice from the TH for publication of the ordinance, we
will reimburse the city for that cost
If possible, I’d like to get a certified Proof of Publication for my franchise files.
1
Thanks, Laura
From: Kevin Firnstahl \[mailto:Kfirnsta@cityofdubuque.org\]
Sent: Wednesday, May 30, 2018 11:46 AM
To: Roussell, Laura <Laura.Roussell@blackhillscorp.com>
Subject: BHE Franchise Agreement and Acceptance
Hi Laura,
Just a reminder that the certified copy of the BHE Agreement is here and awaiting signature on the Acceptance.
Thank you.
Kevin S. Firnstahl, City Clerk
th
50 W. 13 Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
This electronic message transmission contains information from Black Hills Corporation, its affiliate or subsidiary, which may be confidential or privileged. The
information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware the disclosure, copying, distribution
or use of the contents of this information is prohibited. If you received this electronic transmission in error, please reply to sender immediately; then delete this
message without copying it or further reading.
Click here to report this email as spam.
2
Kevin Firnstahl
From:Kevin Firnstahl
Sent:Wednesday, May 23, 2018 9:20 AM
To:laura.roussell@blackhillscorp.com
Cc:Barry Lindahl; Tracey Stecklein
Subject:RE: BHE franchise
Attachments:Ordinance 17-18 BHE-IGUC Franchise with new insert.pdf
Laura,
The Telegraph Herald published Ordinance 17-18 today instead of Friday, May 25 as requested and noted in my
certificate.
I've re-attached the ordinance here to include the new page.
Please contact me if you have questions or difficulty with the certificate.
Thank you.
Kevin S. Firnstahl, City Clerk
50 W. 13th Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
-----Original Message-----
From: Kevin Firnstahl
Sent: Tuesday, May 22, 2018 1:53 PM
To: 'Roussell, Laura' <Laura.Roussell@blackhillscorp.com>
Cc: Barry Lindahl <balesq@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org>
Subject: RE: BHE franchise
Hi Laura,
Attached is a copy of Ordinance 17-18.
Please provide an executed copy of the Acceptance Page 13 with the letter of acceptance. I'll prepare a certified copy
that you can pick up when you return that includes the Acceptance page.
Please contact me if you have questions or difficulty with the attachment.
Thank you.
Kevin S. Firnstahl, City Clerk
50 W. 13th Street
Dubuque, IA 52001
kfirnsta@cityofdubuque.org
563-589-4100
-----Original Message-----
From: Roussell, Laura \[mailto:Laura.Roussell@blackhillscorp.com\]
1
Sent: Monday, May 21, 2018 9:45 PM
To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>
Subject: Re: BHE franchise
Wonderful. We are very pleased to continue to serve Dubuque!
When possible, I would also need a signed copy of the ordinance with the city seal applied.
I will be happy to come and pick it up when I return from vacation after May 29. You can let me know when those are
ready.
I will follow up with a formal letter of acceptance from our Vice President.
Thank you very much
Laura Roussell
Sr Community Affairs Manager
Black Hills Energy
1015 Cedar Cross Rd
Dubuque IA 52003
Cell 563-590-6774
> On May 21, 2018, at 9:15 PM, Kevin Firnstahl <Kfirnsta@cityofdubuque.org> wrote:
>
> *** This email is from an EXTERNAL sender ***
>
> ________________________________
>
> Hi Laura.
> It was adopted unanimously on the first go around.
> I’ll be out tomorrow morning for bit, but can get the resolution to you.
> Thank you,
> Kevin
>
> Sent from my iPhone
>
>> On May 21, 2018, at 8:29 PM, Roussell, Laura <Laura.Roussell@blackhillscorp.com> wrote:
>>
>> Hi Kevin
>> I am on vacation in South Carolina this week and hated to miss tonight’s public hearing. I did have a group of other
BHE management employees in attendance.
>> We appreciate the time and attention everyone has given to this process.
>> We were very please at how quickly the public hearing went. However, We were unsure as to whether they
completed just the first reading tonight or whether those 2nd and 3rd readings were waived. Can you confirm that for
me?
>> Thanks!
>> Laura
>>
>> Laura Roussell
>> Sr Community Affairs Manager
>> Black Hills Energy
>> 1015 Cedar Cross Rd
>> Dubuque IA 52003
>> Cell 563-590-6774
>>
2
>> ________________________________
>>
>> This electronic message transmission contains information from Black Hills Corporation, its affiliate or subsidiary,
which may be confidential or privileged. The information is intended to be for the use of the individual or entity named
above. If you are not the intended recipient, be aware the disclosure, copying, distribution or use of the contents of this
information is prohibited. If you received this electronic transmission in error, please reply to sender immediately; then
delete this message without copying it or further reading.
>>
>>
>> Click
https://www.mailcontrol.com/sr/h77N7KLgZK7GX2PQPOmvUlHUcPnZ!qyDd9qSMsXbFhhofGr6LYPJAedRGSxSgc2QrqfVR
RUnq+chR!AbTPK7tQ== to report this email as spam.
3
TELEGRAPH HERALD
05/2018
bizTIMES,ft
her
pccessclubuquejobs
P.O. Box 29, Dubuque, IA 52004-0029
bIllingOthmedia.com
Advertising Invoice
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CITY OF DUBUQUE
KEVIN FIRNSTAHL
50 W 13TH ST
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Amount Paid:
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LEGAL ADVERTISING INVOICE
Please pay from this invoice. Statements will not be mailed at month end.
Please Return Upper Portion With Payment
05111/18
5/11/18
05/11/18
05/11/18
05/11/18
35/11/18
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CITY OF DUBUQUE
ORDINANCE N0. 43-93
AN ORDINANCE GRANTING TO PEOPLES NATURAL GAS COMPANY, DIVISION OF
UTILICORP UNITED INC. , A CORPQRATION, ITS SUCCESSORS ANQ ASSIGNS, A
NON-EXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO
MAINTAIN AND OPERATE ITS EXISTING GAS DISTRIBUTION SYSTEM AND
CONSTRUCT EXTENSIONS THERETO WITHIN THE LIMITS OF THE CITY OF
DUBUQUE, IOWA, INCLUDING ANY 7ERRITORY WHICH MAY BE ANNEXED THERETO
DURING THE TERM OF THIS FRANCHISE, AND INCLUDING THE RIGHT TO ERECT
AND MAINTAIN ALL NECESSARY FACILITIES AND EQUIPMENT (MAINS, PIPING
AND APPUFtTENANCES) IN, UPON, OVER, ACROSS AND ALONG THE STREETS,
ALLEYS, BRIDGES AND OTHER SIMILAR PUBLIC PLACES WITHIN THE CITY FOR
THE TRANSMISSION, DISTRIBUTION AND SAIE OF NATURAL GAS OR MIXED GAS,
AND PRESCRIBING TERMS AND CONDITIONS UNDER WHICH THE COMPANY IS TO
QPERATE; AND REPEALING ORDINANCE N0. 17-68.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
Section 1. Definitions.
1 . Whenever the word "city" appears in this ordinance it is intended
and shall be held to mean the City of Dubuque, Iowa.
2. Whenever the word "company" appears in this ordinance it is intended
and shall be held to mean Peoples Natural Gas Company, Division of UtiliCorp
United Inc. , its successors and assigns.
3 . Whenever the word "grantee" appears in this ordinance, it
is intended and shall be held to mean Peaples Natural Gas Company,
Division of UtiliCorp United Inc. , its successors and assigns.
4 . Whenever the word ��franchise" appears in this ordinance it
is intended and shall be held to mean the grant of authority
contained in this ordinance as accepted by the company.
5. Whenever the word ��street�� appears in this ordinance, it
is intended and shall be held to mean streets, alleys, bridges,
avenues, highways and other similar public places used for
transportation purposes within the city.
6 . Whenever the words "mixed gas'� appear in this ordinance,
they are intended to designate and shall be held to mean natural
gas mixed with other combustible gases by company to augment the
company� s gas supply,
7 . Whenever the term "Iowa Utilities Board" is used, it shall
mean the utilities board or utilities division established by Iowa
Code Chapter 474 (or its successor) .
Section 2 . Grant of Franchise. There is hereby granted to
the company, its successors and assigns, for a period of
twenty-five (25) years a non-exclusive authority to maintain and
operate its existing gas distribution system and construct
extensions thereto within the limits of the city including any
areas added to the city by annexation or otherwise, together with
all necessary facilities and equipment (mains, piping and
-2-
appurtenances) in, upon, over, across, and along the streets of the
city for the transmission, distribution and sale of natural gas or
mixed gas therein. ,_
Section 3 . Street Usaae. The city reserves to its�lf the
power to impose reasonable regulations on the �ompany�s use of
streets. The company shall not locate any new or reconstructed
gas service lines or other improvements of any kind within the
city in the public right of way without the approval of the city.
The company agrees to consult with the City as to the location of �
any new high pressure gas pipelines carrying a pressure of 70
pounds or more that will be outside the city limits which will
serve the city, and use its best efforts to place such lines so
they will be compatible with any impacted zoning, economic,
development, growth and other plans af the city.
Section 4 . Excavations and Other Works. A written permit
will be obtained from the city engineer whenever it becomes
necessary for the company to excavate in streets or public grounds
of the city. Such permits sha11 state a particular part or point
of the street where the excavation is to be made and the length of
time in which such permit shall authorize the work to �e done. An
exception to a requirement for a permit shall be made in cases of
emergency involving public safety, in which case a permit will be
obtained at the earliest opportunity after the work has started.
-3-
In making excavations in the streets the company shall not
cause unreasaonble inconvenience to the public. The company shall
properly protect, according to safety standards generally accepted
at the time of placement, as may be determined from time to time
by the city engineer, all excavations and obstructions by proper
shoring, surface plates, barricades, warning lights and such other
or additional devices as circumstances may warrant. If in the
opinion of the city engineer such excavation or obstruction is not
properly and safely protected, the engineer shall notify the
company and the company shall comply with all reasonable
instructions.
After gas mains and pipes are installed and repaired, the
trenches in which such mains or pipes are installed will be
refilled by the company. No trench or excavation in the streets
shall be filled or covered without giving the city the right to
inspect the same. All backfilling in streets will be according to
city specifications . Temporary street surfacing will be placed in
such excavations as soon as the same has been backfilled. Unless
otherwise agreed to by the City Engineer, temporary street
surfacing shall mean asphaltic concrete cold mix. However, when
an excavation is made in other than the traveled portion of the
right-of-way in a residential area, a rolled stone base may be
used in accordance with the specifications required by the City' s
"Rules and Regulations for Excavating in City Streets and Alleys"
-4-
in effect at the time. Pavements, sidewalks, curb and gutters or
other portions of streets and public places opened, disturbed or
damaged by company shall be promptly restored and replaced with
like materials by the company at its own expense and left in as
good condition as before. In the event like replacement materials
are not available, the company shall notify the city engineer who
must approve the use of any alternate materials. In the event
that the company shall fail to comply with the provision of this
section, after having been given reasonable notice, the city may
do such work as may be needed to properly repair such pavements,
sidewalks, curb and gutters or other portions of streets and
public places and the cost thereof shall be repaid to the city by
the company. In some cases where a cut or disturbance is made in
a section of street paving or sidewalks, rather than replace only
the area cut, the company shall replace that area stipulated by
the city engineer which in no event sha11 exceed the panel or
panels disturbed.
Section 5 . Relocation of Pipes Conduit and Services .
Whenever the city shall pave or repave any street or sha11 change
the grade line of any street or public place or shall construct or
reconstruct any conduit, water main service or water
connection, sewer or other municipal public works or utility, it
shall be the duty of the company, when so ordered by th� city, to
change its mains, services and other property in the streets or
-5-
other public places at its own expense so as to conform to th
established e
grade or line of such street or public place and so as
not to interfere with the conduits, sewers and other mains so
constructed or reconstructed. However, the company shall not be
required to relocate pipes, mains and appurtenances when the
street, alley or public grounds, in which they are located, is
vacated for the convenience of abutting property owners and not as
an incident to a public improvement, unless the reasonable cost of
such relocation and the loss and expense resulting th�refrom is
first paid to the com an b
P Y y the abutting property owners . In the
case of public improvements, including but not limited to Urban
Renewal projects, the city may require the company to relocate
pipes, mains, services and appurtenances in the streets at
company�s expense.
The city may at its discretion assign personnel for inspection
of excavation and related work being performed by the compan .
Should the company fail or refuse to do and perform the thinY
gs
provided in this ordinance, the city may, after reasonable notice
perform the work and charge the reasonable and necessary expense '
thereof to the company and the company shall promptly pay said
charges.
Section 6. Accessions to Franchise. Where an
y gas line is
presently or in the future laid anywhere in the corporate limit�
of the city, either as now existing or hereafter extended, not in
-6-
a public street and a street shall thereafter be opened or
dedicated so as to include said line within the right-of-way of
such street, said gas line shall be required to be operated and
maintained under the terms of this franchise.
Section 7, Re�resentation of Company. The company agrees to
provide and maintain its entire plant and system in such condition
that it will furnish safe, adequate, efficient and continuous
service .
Section 8 . Regulatory Review. To the extent the provisions
of this Section 8 are consistent with state and federal law and
regulation the rights described in this section are reserved to
the City and may be exercised by it in its discretion in accord
with the duty of the City to protect the health and welfare of its
citizens.
Company shall, at all times, maintain an adequate pressure and
adequate supply of clean, standard gas of the British Thermal Unit
heating value of not less than that prescribed in its Rules and
Regulations relating thereto in effect and on file from time to
time with the Iowa Utilities Board or other competent authority
having jurisdiction in the premises. Should the British Thermal
Units fa11 below the limitation set forth in its appropriate Rules
and Regulations, the rate then in effect shall be automatically
and correspondingly lowered and reduced during any period or
periods of time in which such lower British Thermal Unit value
-7-
shall be furnished. The city shall have the privilege of
requesting company to furnish satisfactory proof of British
Thermal Unit content of the gas.
Gas furnished to consumers under this franchise shall be free
from impurities except that it shall contain some element or
compound with an easily detected odor in an amount sufficient to
be noticeable when the gas is released, but not suff icient to be
harmful to human or animal life or to interfere with combustion.
A11 gas service shall be supplied through a meter which shall
accurately measure the amount of gas supplied to a consumer. The
consumer shall supply a safe and proper place for the installation
of each such meter. Standards for meters and meter practices
shall be in accordance with regulations, rules or directives
adopted by the Iowa Utilities Board.
Section 9 Reserved Reaulatory Riahts. In the event the
State of Iowa or the United States ceases to regulate any aspect
of the delivery of gas service now regulated by either or both,
the City reserves the right upon such cessation to regulate such
matters to the extent such matters are local aff airs impacting the
health, safety or welfare of residents of the City.
Section 10 Technoloaical Chanqes . Should, within the period
of this franchise, developments within the f ield of power or
heating substances offer to the company the opportunity to more
effectively, efficiently and economically serve its customers
-8-
through use of a substance or material other than natural gas,
then the company may petition the city council which, with such
requirements or limitations as it deems necessary to protect
public health, safety and welfare, allow the gas of euch
substances under the terms and conditions of this franchise.
The company shall be allowed to mix other combustible gases
with natural gas for distribution within the city as such mixture
may be advantageous to the operation of the company. Such use of
mixed gas, however, shall not relieve the company of its
obligations under this franchise.
Section 11. Extension of Service. The company shall be
required to extend its gas-distribution system in accordance with
rules and regulations relating to customer connections and main
and service line extensions currently in effect and on file f rom
time to time with the Iowa Utiliti�s Board or other competent
authority having jurisdiction. Whenever the distribution system
is so extended, those mains and service lines that are beneath
pavement will be stubbed to the end of such pavement in
anticipation of future growth.
Section 12 . Rates. The company sha11 supply gas to consumers
within the city at reasonable rates , It is recognized that under
the statutes of the State of Iowa, the Iowa Utilities Board of the
Iowa Department of Commerce is vested with legal authority to
supervise, fix or change rates and charges authorized to be
-9-
I
charged by the company to gas consumers. It is also recognized by
both the campany and the city that matters involving rate changes
and charges are local in their application and effect and that the
city, through its city council, shall be within its privileges and
municipal xesponsibilities in making inquiries, expressing
interest or adopting position on matters of rate changes or
charges by the company.
In the event rates or charges in general, or any class or type
of rate or charge shall, during the term of this f ranchise, cease
to be regulated by any state or federal agency the City Council
reserves the right to regulate such rates within the City.
Section 13 . Reports to City Council . The company shall file
with the city council a true copy of the annual report of the
company pertaining to the operation or conduct of business of the
company under this franchise. The report may be the same as the
company shall have prepared for such year in the ordinary course
of the conduct of the business of the company and filed with the
Iowa Utilities Board.
Section 14 . Maps of Distribution System. The company shall,
promptly after the award of this franchise, furnish the city
engineer a de�ailed map or maps of its distribution system both
within the city limits and the area immediately surrounding the
city. The company shall thereafter update the map or maps ever�
year showing all subsequent additions or deletions to the
-10-
distribution system. The company shall indicate on said map or
maps the gas pressure in the lines of its distribution network or
transmission lines. However, prior to any excavation by- the city
or its agents, a representative must contact the company regarding
current information on the location of gas mains or gas laterals
in the area concerned. The obligation to contact the company
under this section shall be satisfied if contact is made with a
. corporation organized pursuant to Iowa Code Chapter 480 (1993) or
an entity with a similar function utilized by both the City and
the company.
Section 15 . Indemnification. The company shall indemnify and
hold the city harmless at all times during the term of this
franchise from and against all claims for injury or damage to
persons or property caused by the construction, erection,
operation or maintenance of its properties, or the negligence of
company contractors or company employees . In case of any suit or
action at law being commenced against the City, upon any claim for
damage arising out of any loss, injury or damage, claimed to have
been caused by any installation, improvement obstruction or
excavation in any street, alley, sidewalk or public place in the
city of Dubuque, and which installation, improvement, obstruction
or excavation was made or left in, under or upon such street,
sidewalk, alley or public place by said company, its agents,
contractors or employees, upon being notified by said city of such
-11-
action or proceeding, said company shall appear and make proper
defense thereto; and if any judgment or decree shall in any such
case be rendered against the City therein, said company hereby
agrees to assume, pay and satisfy such judgment or decree, with
the costs thereof.
Section 16 . Nonassignment . No sale, assignment or lease of
this franchise shall be effective until it is approved by the city
council and until the company has filed in the office of the city
clerk written notice of the proposed sale, transfer, disposition
or assignment, such notice to clearly summarize the proposed
procedure and the terms and conditions thereof . Such approval by
the city shall not be unreasonably withheld. The proposed vendor,
assignee or lessee shall similarly file an instrument, duly
executed, reciting such proposal, accepting the terms of this
franchise and agreeing to perform all the conditions thereof.
This provision sha11 not apply to sales, assignments, or
transfers made pursuant to a Corporate reorganization, divestiture
or consolidation or to a sale of all or substantially all of the
gas distribution properties of Peoples Natural Gas .
Section 17. Forfeiture of Franchise. The violation of any
material portion of this franchise by the company or its
successors or assigns, or its failure promptly to perform any of
the provisions of this franchise shall be cause for forfeiture of
. this franchise and the termination of all rights thereunder. Such
-12-
forfeiture shall be accomplished by ordinance of the city after
written notice by the city manager to the company and a
continuation of the violation, failure or default specified in the
notice for at least thirty (30) days from the date the notice was
served.
Section 18 . Severabilitv. If any section or provision of
this ordinance is held invalid by a court of competent
jurisdiction, such holding shall not affect the validity of any
other provisions of this ordinance which can be given effect
without the invalid portion or portions and to this end each
section and provision of this ordinance is severable.
Section 19. Revival . The parties recognize that over the
duration of this franchise both technological and regulatory
changes will take place which will impact the enforceability of
this ordinance or parts of it . In recognition of such factors the
parties agree that in the event portions of this ordinance which
are now, or in the future, are found or declared inapplicable or
unenforceable, become through a subsequent change in law or
technology again to be applicable or enforceable, such provisions
shall be revived and again form a portion of this ordinance .
Section 20 . Cure of Defaults. If either party determines
there is a default under this franchise the other party shall be
given written notice describing the default in detail, whether a
I
forfeiture or termination of the franchise will be sought and
-13-
where curable a reasonable time to cure the default which shall
not be less than 30 nor more than 180 days.
Section 21 . Reservation of Home Rule Powers. This ordinance
is intended to be and shall be construed as consistent with the
reservation of 1oca1 authority contained in the Twenty Fifth
Amendment to the Iowa Constitution granting municipalities home
rule powers. To such end any limitation on the power of the city
is to be strictly construed and the city reserves to itself the
right to exercise all power and authority to regulate and control
� its local affairs and all ordinances and regulations of the city
shall be enforceable against the company unless, and only to the
extent, they are irreconcilable with any rights granted �he
company under this ordinance.
Section 22 . Acquisition at Expiration. If at the expiration
of this f ranchise the company wishes no longer to operate the gas
service system within the city or to sell, assign or lease the
system to a third party, then the company shall upon the city' s
request, given not earlier than 180 days before expiration or more
than 90 days after, sell the gas distribution system to the city
. at a price determined by a mutually agreeable appraiser, or if the
parties cannot with 60 days of notice agree upon an appraiser,
then they shall each appoint an appraiser and the appraisers shall
appoint a third, the price shall then be the price the appraisers �
agree upon, or if they do not agree within 60 days of being
-14-
appointed, the price shall be the average of the two appraisals
wThich are C�OSAL :�: ��i:�� G'�i�vN�i�. �
Section 23 . Franchise Fee, The City Council may, in its
discretion after a public hearing, and upon an affirmative vote of
all of the members of the Council, impose a franchise fee not to
exceed 3� of the gross revenue of the company generated from the
sale of natural and mixed gas within the city; provided, however,
that the fee shall not be effective against the company unless and
until the city imposes a fee or tax of the same percentage on the
gross revenue of sales of energy within i:he city by all other
energy suppliers with which the City has in effect a franchise
agreement allowing such fee. Any such f ranchise fee imposed shall
be a direct charge to customers as required by the Towa Utilities
Board.
' Section 24 . Adoption. This ordinance following its passage,
its ratif ication by a majority of the qualified voters of the
city, voting at an election called for the purpos� of voting
thereon, and its publication by 1aw provided, sha11 become
effective upon its acceptance by the company and sha11 effectively
supersede and cancel ordinance no. 17-68, being the prior gas
f ranchise held by the company.
Passed, approved and adopted this 19th day of JL�1v ,
1993 .
� D2 r
ATTEST:
���� � ����
Mary�'A. Davis, City Clerk -15-
11-4-25: ACCEPTANCE OF ORDINANCE 43-93:'��' 0
I/We, the undersigned officer/s of Peoples Natural Gas Company, Division Of Utilicorp United Inc., a
corporation, having read the terms and conditions of Ordinance No. 43-93, attached hereto and
made a part hereof, and being familiar with the terms and conditions contained therein, hereby
accept Ordinance No. 43-93 as approved by the electorate of the City Of Dubuque, lowa, on August
24, 1993, and agree to perform the terms and conditions contained herein.
Dated At Omaha, Nebraska this 8th day of Sepfember, 1993.
PEOPLES NATURAL GAS j
COMPANY E
Division of Utilicorp United Inc. ;
� By /s/Melvin J. Semrad
�— ---- - __ ----__ �
�---
Attest: /s/James R.
Talcott
Assistant �
Secretary
� ------------
,
.e ____------ ---- ------------ .._.._--------------_
Name Melvin J. Semrad €
Typed
�
� Title ��Sr. Vice President
ACKNOWLEDGEMENT AND VERIFICATION
OF ACKNOWLEDGEMENT OF FILING OF �
F
ACCEPTANCE OF FRANCHISE �
- - — — �
The receipt and filing of the foregoing Acceptance of Franchise pursuant to the
provisions of Ordinance No. 43-93, of the City Of Dubuque, is hereby �'
acknowledged and verified this 14th day of September, 1993.
I/% Mary A. Davis/Clerk
(Ord. 43-93, 7-19-1993)
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 11, 2018, and for which the charge is $20.79.
tj?jle
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this -•'day of 2y, 20 !' 8
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Number 154885
My Connmission Exp. Feb. 1, 2020
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC
BLACK HILLS/HEARINGIOWA
GAS UTILITY
COMPANY, L.L.C.
d/b/a BLACK HILLS
ENERGY FRANCHISE ,
RT'
NOTICEIS HERY
GIVENAG: The City CuEB-
cll of ,the EEMENCity ofn
bubUque,,j Iowa will
hold a public hearing
on Monday, May 21,
2018 at 6:00 p.m. in the
City Council Chambers
of the Historic-, Federal
Building, 3'50 W. 6th
Street, Dubuque, _Iowa.
The purpose of the
hearing is to allow pub-
lic comment on the
proposed grant of a
franchise to Black
Bills/Iowa`-Gas Utility
Company, L.L.C. d/b/a
, Black Hilis Energy.
COP leg' of gun po✓•ting
documents for the pub-
lic hearing are on file in , r
the City Clerks Office,
City Hat, 50 . W. 13th
St., Dubuque,Iowa, and
may be viewed during
normal working hours.
Written comments"r'e
garding the above pub-
lic hearing may; be
submitted to the City
Clerks Office ort or: be=
fore said time of public
hearing. At said time
and place of public
hearing all interested
citizens and parties
will be given an oppor-
tunity to be heard' :for
or against said propos-
al.
Any visual- or hear-
ing-impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerks office at
(563) 589-4100 or TDD
at (563) 690-6678 at
least 48 hours prior to
the meeting.
Published by order of
the City Council given
on2018. the 7th '`day of May
Kevin S. Firnstahl,
CMC, City Clerk
1t 5/11
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 23, 2018, and for which the charge is $353.46.
Subscribed to before me
this /.ems day of
intended and held to
OFFICIAL have the meanings as-
PUBLICATION cribed to them in this
ORDINANCE NO. 17-18 section:
REPEALING ORDI CITY: The 'City of
NANCE NO. , 43-93 I .Dubuque; lowa.r
COMPANY: Black
Hills/Iowa Gas Utility
Company, L.L.C. dba
Black` Hills ' Energy, a
Delaware Corporation,
its successors and, as-
signs.
FRANCHISE: The grant
,of, authority contained
ci this ordinance`as, .ac-
ept d by t compa-
ny `��
GRANTEE'fBlack Hills/
Iowa �G'sUtilitylUCom
DUBUQUE, IOWA,_FOR parry, L.L.C. dba, Black
A'I PERIOD OF 25 Hills Energy, a Dela- -
YEARS, AND AUTHO- Ware Corporation, its
RIZING THE. CITY TO successors and as
COLLECT ,FRANCHISE signs.' ; ,
FEES IOWA; UTILITIES
BE IT ENACTED by the BOARD: The ' utilities
City Council of the City board or utilities thy',
of Dubuque, Iowa: sion established by
Except as explicitly' Iowa: Code chapter 474
provided in Section 22 (or its successor).
hereof regarding the MIXED GAS: Natural
continuation of `• the gas mixed with other
present', franchise fee, combustible `gases " by
Ordinance No. to43.93,augment
AND GRANTING .TO
BLACK HILLS/IOWA
GAS,UTILITY COMPA•
-
NY, L.L.C. d/b/,a
BLACK HILLS ENER
DELAWARE
CORPORATION,, ITS
SUCCESSORS"' AND
ASSIGNS, THE RIGHT
AND NON: EXCLUSIVE
FRANCHISE TO MAIN-
TAIN AND 'OPERATE
ITS EXISTING GAS
DISTRIBUTION SYS=
TEM IN' THE CITY OF
a Notary Public in and for Dubuque County, Iowa,
, 20 /,�'
Notary Public in and for Dubuque County, Iowa.
existing ;gas' distribu-
tion system'and .con-
struct ; +: ,, -extensions
thereto within the: lim-
its- of the -city, including
company any 'areas 'added `to' the
(CityCode Sections `11- the", company's gas' ; cityh wibyannexation_er
potherwise, , together
4-1 through' • 11-4-25 supply with all necessary fa-'
both inclusive), shall STREET: Streets,' al- cilities and equipment
upon' the effective date leys; bridges, avenues, (mains, piping and ap-
of"this franchise be re- highways ` and other : purtenances) In, upon,
pealed andreplaced'by similar public, places over, across, and along
this Ordinance. Upon used for transportation i the streets of the city
the effective date of purposes within the , for the transmission,
this Ordinance, all prior city. distribution and sale of
franchises, ;granted, to Section 2. Grant: of • natural gas or . mixed
the company to furnish Franchise. • gas therein.
gas to the city and its (1) There Is hereby .. (2) The company is
inhabitants are hereby granted to Black Hills/ granted the right to ex -
'repealed and all other Iowa Gas Utility Com- ercise powers, of :emi-
ordinances or parts of pany, L.L.C. dba Black
ordinances In conflict Hills Energy,, :a Dela-
herewith are also here- ware Corporation(the
by repealed:: _company),' its succes-
Section 1., D e f i ni sors and assigns; for a
tions: Whenever the period of twenty-five eas or corridors within
following' words or (25) years a nonexclu- parks at the request of
terms are used in this sive authority to main-, .the company,
chapter, they shall be tain ":and operate its i
nent domain.
(3) The city council re-
serves . ,to : itself the
right to extend : this
franchise to specific ar-
MARY KWESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
(4) The city further re-
serves to itself the
right to produce, sup- ,
ply, transmit, sell, or I
transport pipeline quaff- '
ity biogas produced
from city, affiliate 28E
organizations, or citys•
subcontractors. City
may distribute pipeline
quality biogas to city
or affiliate 28E organi-
zation facilities, •`buf
city shall not distribute
pipeline quality biogas
to third -party customer.
facilities. City:, shall be
allowed to produce,
supply, `transmit, sell,
transport, or distribute
non -pipeline quality
biogas, commonly re-
ferred to dirty 'gas, to
, 10C VVedrIeSdaSi,M23, .2018 Teleiraritillerard ..,Telera.phHer'althbOr:71
..
. _ .
ages the, onservaton sewers'municipal pub= (6)company.shall Sectionl. Reserved the area P•The rovided for
, of 'r-ig1-.1t=of-waY by he . lic"'Wbr.k.S!',Ipr:: utilities, ' not be required to relo- Regulatory Rig • hts.. In the
of , its - ser -
sharing of space P ', all. .and` : other ..Mairis ...so cate.at its cost and ex- theeventthe state ',Of vice lines, and facilities
cly ,or affiliate,28E,,or utilities:,NotWithsty-anck'r,;constructedd "-I or recon pense;,tompany facili-' Iowa ' or . the United as directed by the city
banizatiOn"..fadilitieS..:Pr ing '. proViSiOn ' of,:thiSI: Strutted floweVer,- the ties.in the public right States ceases to regu- or -other reasonable lo,
to.third-Partidbstorner
facilities. the comp -any, franchise,' "..prohibiting:..;;derriPariy.`-‘'s' hall ' not."be Of waY . thathave, been late any .asp'ect..of the cation provided by the
third 'party. use; to the ' required ..". to relocate relocated -..at. company, delivery of gas service company. Nothing in
shall trahsportgaSP.b.r- extent required by fed- pipes mains . and - ap=. expense at the -direc- now regulated :by I bi-. this franchise shall be
dfiased,,orprOCIOCeY era'. 'or 'stateflaw'' the ' puttenances, when, the tion -of the city in the ther or both, the - city construed as'aguaran-
the city over the 'cO;M-
PanYesYstem; i n..adb6r-' aconrn.p..anntny-.;e.,,WifIli,--;.P; permit ' street ;, -.*.alley:' or ',public , previous two -(2) years, reserves the right upon tee that in"either exist-
ranchrsed. .grourids; in .Which'ItheY : (7) The city shall con- such cessation to regu- Ind' right of Way or -in
.,role,..„.1..aw..., ;and-, ..the... entity by appropriate ' 'arelb,Cated$4SeVaCated sider reasonable alter- , late such . matters. to ' future acquired right of
"clance.'wit.h.,. applicable: ?:',
.comtian,s,,,,..ria:...t,o,.a. bas. . ptract; or,Iagreement-, for the convenience of natives in designing. its the-. extent such mat Way the city will pro-
earim.ohe:AA.i,itiicthg negotia.ted by the par-- abutting property own= public 'works ' projects ters", are local affairs - Vide - sufficient - space
tiesto'use any 'a.ncl. all , erS and,potas ari mCi- so as not arbitrarily- to impacting the '. health, forany particular need
IOWA ,-l-itirlitlesi......,Board• facilities' constructed ' dent -. to a.:.- . public cauSe thecompany: un- safety: or welfare- of bf \,the ,company .' nor
CorriOcailYanbe
,...to,..iorerect, ed ,by thecorn- irnproVe'rrierrt, Unless reasonable: .. additional . residents of the city. shalt the city . be re-
requirede*tenditi...,
' ''Shll':t.'.6
y. -.„- . . ' -therreasdnable:cost.Of . expense" in 'exercising , Section 10...Techno- • quire'd to Obtain' .addi-
expand' It , syStern'ril P,,a,rn
such extension or .ek., Section 4-.. Excava- " .suctfrdlbdatipn'a.ndifie . its authority under this logical' Changes; ..En- . tipnal - right of 'way
tions and Other loss ,, rexpense, .-.. re- section: The city shall erqv Efficie-lick• ' solelyforthe use of the
ply with r corripriys
pansion does not:Cbmj WOrks; yaca!ed:P!!".0, - ,..fsUlting.--.„therefrom,"-Is also provide:a reason.- (-1) ShOuld, within the company..
feasibility -Model' ', - ' ' ' - e - ' '
iett , ., ..,; . . FlurtY)In, maki ' -., first paid to the able '. alternative„,..loca- Period of this ,-fran- Section 12 Rate's:, .
n ; extcava- , ny..'r.,,by. the '.,abtiqing: tiomfor the dompany'S chise, - develbpments •(1)\T;he companyshall
tions in an Stgreeds,.av' property oWners. Inthe facilities' ..as part of -its within thefield of Pow- supply gas to r con-
usage.S on3.-';!.S'',tree t.
.
(1.)Thec•ity7 i-eServe ieicnuesi ,- alleys an Pub,. case of. public improve- relodationn request. ' ' er -, or ' -heating ' sub- sp' mrs- within the city
to -itself -the. power to n pliaces, the.company merits, : including, - but 1Sectio 6.. Acces- stances -, offer - td-.. the at r ' ' ' a le rates. It
se mot unreasdnably not lirriited to, urban sions to -Franchise. company the opportu.- is recognized. that un -
impose reasonable reg- o structthe..use of the renewal :Projects, the •The company t shall ' nity to more effective- der the statutes of the
ulationS.:on'the ccimpa- 13
street's, aVenuee alleys . city • may -require .the maintain the availabili= IY, efficiently. and eco- Stateof Iowa, the Iowa
nyS Use -of streets. The or public places-. -The corn pany '....to relocate ty .of service through- noMically serve its cus- Util itieS-: Board of the
company shall not, Id= company. • . "
..in r: making - pipes,'..mains services old the - entire ..city tomers through use .of Iowa I, -department . 1
' sctarpecateny new or recon- any such excavations and :,appuitenantes in Including mewly an- . a substance or materi= tbrrinierce is ' vested
lines or 'other, improve .
& gas. service shall, _if :required' by ,or= ' the.streets at •compa- nexed areas. The ,com- al. other :than natural with' legal :authority to
dinance, . obtain ea city nys exiiene: '..' : - : panyshall. furnish gas gas, then thecompany suPerviSe,;. . fix.. or
merits,of any in with, -
in theCitY' in the public . permit therefor.:,.?..and :;(2) The city may its in sufficient quantifies may petition the CI .change.,. rates and
hts.'-'f y' ithpbt ' shall not unneceStarily ', discretion.. assign per- to supply the reason- council 'which,' with charges -authorized to
rigowaW'
obstruct the Use ..' of sonrie formspection of, able demands of the such requirements or .be thaiged, y the torn -
the, approval. ,bfthe
con -
cit'. The ,,,,ComPany streets,. avenues,: :al'. - excaVatioMend related c' and the Mhabi- limitations as it deems 'pan to
agrees to cOnsult. with leys,,.or. public places ". Work .being performed tants thereof and, in- necessary to: protect su'mYerS7-='• it 9a'-sis. caoIsno.-
the city. as'. to the"loca. and -shall -"provide .the' '• bi".' -the ,•coni " n : 9 u ing industrial. users public health,: safety . recognio'd' bytoth the.
city-..manarger or .city .Should -:' the comPpaa4. in accordance .with'the and welfare, allow the: ' company,: and the city
tiortorany .new, _ high . managers .,destgnee,or; fairor 'refuse to do and regulations -and- Condi-.
pressure gas Pipelines such other 'person, as ' petform.the things pro- - tions .of 'service asap ' ' gas ofsuch substances" that matters involving
- the city may.designate Vide& in this: chapter; , _proved by the Iowa under the terms, and . rate •changes and
' ' '
carrying. a, pressure -of the:
city (70)pounds or wi.. , . . , ., conditions of this fran- charges7, are local in
side .the city.-; limits, " c.,(h2is)e_r;;;:.: ' , ' .„..r.. ... their'...a0lication and
In twenty Tour ,-(24) the' city may, after rea- utilitfes.bdard. . ' '
hours notice prior AO, sonable -notice -'' per, -Section 7.Con'ilition
ore, at. will ,bp„sout-
the, actualcommence- form- the: work ' and of Senride , The "e company -shall effect and.that the city,
. o , e work,,,and , charge -the reasonable . pany agrees td:provide combusibl ' l' h '
allowed to mix ot er through )ts,.cityrcoun-
i e . gases ci ,- s all be...within its
, which.' .wili serYe.th'
chapter 480, (1993) or equity or administra- suitor action ,at law
an entity With a sirnilar tive is brought against being " commented
function utilized by the city regarding dis- against the city, upon
both the city and the closure of any' docu- any claim for damage
company. ment which the com- arising out of any loss,
(2) The company and pany has designated as injury or damage,
city recognize the in- a trade secret or as . claimed to have been
formation may in otherwise 'protected caused by any installa-
whole or part be con-
sidered a confidential
record under state dr
federal law or both.
Therefore, the city
shall not release any
information • without
prior consent of the
company and shall re-
turn the information to
company upon request.
The city recognizes
that company, claims
the information/may
constitute a trade se-
cret or is otherwise
protected from public
disclosure .by state or
federal law on other
grounds and agrees to
protect the information
to the extent allowed
by state -or federal law.
Furthermore, the city
-from .` 'disclosure the tion, improvement
ob-
city promptly no- strUction or- excavation
tify the company. The * in any street, alley,
company rnay • take ,sidewalk or public
such action as it deems place in the City of
necessary to _ prevent Dubuque, and which
in -
such disclosure, and in stallation, improve -
the event -the company ment, " obstruction or
failsto take any such excavation was made
action within ten (10) ," or left, in, under or
business days after re- upon such street, side-
.
ceipt of such notice, walk, alley, .or public
the city, may disclose place bysaid company,
,the documents or infor- its agents, coritractors.
mation without any lia- orernployees, upon be-,
bility of any kind to the ing notified by said city
companY, '• of such action or pro -
:section 15. Indernni-, ceding, said company
ficatipn. The company shall appear. and make
shall indemnify, and proper defense there -
hold . the city' harmless to; and if any judgment
at all times. during the or decree shall in any
term of this , franchise such case be rendered
from . and against all against the city there --
agrees that no docu, . for injury or in, said company here-
ments, mapsor infor-, damage to persons or by agrees ,to a_ssurne;:
melon provided.to the property caused by the pay and satisfy, such
city by the, company ,construction, erection, judgment or decree,
shall be made available operation or mainte= with the costs thereof.
to the public or other fiance of its properties, Section 16. N onas -
entities if suth docu- or .the negligence of signtnerd.
ments or information - dompany- :contractors (1) No sale, assign -
are exempt from dis- or company employ= ment ,or, lease of this
closure under..the pro- ees; .proVided, howev: „ franchise shall be ef-
visions of the freedom er, that.-th.e`Cornpany fective until , it is ap-
of information, act; the need not.save .thecity proved by the city
federalenergy regula- harmless from claims, council and until the
torycommission criti- demands.,. losses ...and \ company has , filed in
cal energy' infrastruc- expenses ,ariSihg obt_of the office of the city
ture requirementspur- negligence of -city itS clerk written notice of
city, :an use 4 es „
shallcomp y with- and necessary expense andmaintain-., s entire with natural gas for Privilege and munici- •suant to 18 CFR'388.112 employees or . agents. the , proposed sale
eff0rts 1°7 Place:such Provisions' and require .',th.ereottothe company Plant and .sYstem ln distribution within the Pal resPimsibilities in and 388.113,. or chapter Furthermore the . city ' transfer, disposition or s
lines, so, they will be ments of the city imits and:the company shell- such C6ndition that: it city as such ,'mixture , making " Inquiries, ex- , 22 of the -code of lowa . agrees to indemnify assignment such "no -
compatible -with. any regulation of the use -of 'promptly pay, ; ,said will furnish safe; ade- may be- advantageous pressing 'interest or aS such -statutes .and and hold the ,coMpany tice to clearly summa -
impacted zoning,. eco,' city right of way in per charges:- .• ("Lute,' .effitient: and to the operation the adopting Iposition on regulations May be harmless.: at all times rize the Proposed pro-
nomic develoPment, forming such work In (3)., In the event the continuousservite‘. oohipariy. such use of matters )1r,bf rate amended from time to during the term, of this cedure and ,the terms
„growth and other plans emergencies which re-. company is required to Section ". Regula -' Mixed as hoWever, changes- .Charges by time. In: the event a re= franchise from any and and conditions thereof.
of the city -
• quire immediate exca. move, remove or modi_, torY. Review
(2) In the Use, of right-, " a not . relieve the e co P Y,. questis, made to the claims relatedto the Suchapprove y. the
vation, the company fy, the. placement of (1)70 the extent the company , of :its oblige (2) In th event rates city, for any such 'docu- use of company .maps . city shall not be unree
of -Way under this fran = may proceed with the any of its fabilities. Id- Provisions ,of this sec- tions'' under' this fran- or charge in general, ments or information for locating purposes sonably withheld. The,
chise, -the company work. without first ap- cated,. within' the city'. ton are consistent .chise. - • • - or any'clafor type- of and the tity, attorney instead of complying proposed' vendor, as -
shall be subject to . all
rules -regulations, pbli- Plying for or obtaining because of any public With state, and federal .(3). The CitY.and-affili- rate or cfarde " shall, determinesin . his or with loWa Code. Chap- signee or lessee shall
a permit, provided, improv,ernent or public law and regulation, the ate 28E' organiiationS, during the -fermi of this her sole discretion that ter .480 (1993)1', or im- similarly file an Clarisinstru-
:resolutions and
however, that the.00m- purposes of the City, rights described ifl this intend todevelop and/ franchise, 'case to be such documents or in proper disclosure . of ment„, duly executed,,
pany shall , apply ,„for - the 'company, shall do section are reserved to or partner on develop- regulated b,..any state formation ' is - not 'ex, company maps as de- reciting such proposal
hereafter . adopted or
- and obtain an excava; '-. soatits own expenses the citYarld may beex- ment of -alte t•V en- or federal ' agency the ermit from disclosure scribed in -Sectiori '14 accepting the terms of
promulgated,. ,byi, the , . „ .
rcsed in its chs- •'• , ..• '•-• ementation council.orreserves or any action ,at law, , above. In case - of any this • franchise • and
„the reasonatile ion' Pern".11 as soonas as directed by the city. y , erw- nno
power.. In addition, the te-.--tfie" water & R`o
esurce citYsuCh rates-VtIffrrthe .
ensibrilftnattiffeation—the'diltY4f'-thercitY
4,W4. :strategies :the -.rig t ate_ :D "sAlie.:Ntenace
company shall be sub- n- Recovery Center . • -I -
gency work_ The of streets and roads, protect the health a d
a 5=2
company rs.hall comply he sall,to theex welfare of its, it,izens. [],anDu
uqueSection 13. R'epor
ti.jecttoall rules;regula- with allpov.s.o-and
teritpracticable in the -(2). Company shall; at Metropolitan,Area Sol- The compan ,stiall file
tions, policies, ,resolu- requirements Of -the discretion; of its ' pUbliC alb,- times, maintain, an id ' .Waste ' Ageney with the citylcouncil a
' tions, and ordinances city in its regulation Of " works director; design adeciliate• pressure' and, -
[DMASWA] -1 are 'exam- true copy of the annual
now or hereafter
. • the use of city right bf such dhangeStolimit adequate:supply ple-s): Bla'ck 'ills 'nerreport of theimpany
adopted or promulgat- ' - • ' ,
way .,in -performing. any the need for the reloca- clean; standard gas of gy agrees to cooperate pertaining to-lheoper-
ed by the city,r,elating /7‘. f's,-/-\ /'''•
excavationS. The corn- tioMbf-cornpariy-'facili= -theBritish thermal unit in the development of ation ,,or toriduct of
to, ,permits sidewalk
and payemencuts- ' PanYShall"complyWith , ties- r gvaiue: 01 not • theseProjec.ts, to make business of theCompa=
. aii oi.ojimhce (4) -„The. oity..rnay..re: less- than that.. pre- . them' ,e'ffe-dtiv"e and ny Underthis.fianchise..
tIty location' con- • - . • - • - • 'th the ny shall begin..collect-
.••
LIL ',consistent, ;.". . • - -f h' ' fee '
sutriuiction :coordination, , garding - paving cuts, ,. tqhueir,entrhren'stesorn0Pfan.faY-cflon_r scribed in its and efficient as reasonably The report. rriarte the,
. that nothing contained .
herein shall, conStitute - 'TPI.haec.' 7 ItPhalY.',:'"surfa'C'1-e-; ,..,.''..iiligiohiti,'-'4fr."!.."alYi-O,'':,r,'.,a-..!ley,
use of the right2of-Way;. , pave,m ,• ,
'tied hoWever, ' public : 1 • - , ore' -
shall ,6,•,. -,...of the street, avenue, Board or, other .compe-
T. ..• - - •---, • . :. ' • with the fowa. Utilities,
maintenance or . . e
tion, ,--",reconstruction,
'r jurisdiction- " ,-in the file from' " , slot'. ofService. , ' • . such Year in . ., ,or , agreeing , 0 .:Re, orm, twentyi:::,ntaine. d irithe':and.'.,any incr,eased - fee I
tent. authority having be(1)r-recihnired. to.: shallextenddnancryt..0c.routrnsee.boufscifitc4estaoenfe.,,,,,' theconditipit,t.hereof.2,.....' ment-"-to"'".theloWa.„.„ bon::: approval- " of the .1.re---I
its gas distribution sys- the companyahd,4.filed
company
'..(2)-,"„IhiS..."Provision ,'-‘stitutibrrr", .granting,.--; ' quired, tax ...rider' tariff'.1i
t' rf - ' all ' ' '.",:. fifth-- amend -'..upon :receipt of written
..tres-neprvateldri'oflo,tala,u-,, .,'Mg1 the . ranc Ise f i
i; ,„,,,roe ::.,f,:e_roori:ivicit6het.rotb twhae.,:toimlitpleas_ '.
lac,ment of, facilities . p , , regulations relating .
requirements on , the and ' -, restoration -• of: tat ng . the co,ns_t.ruc- theretoin-eftent and,on p.9.1seiablei4.3.1.i.:1. Ext'e-n-': ssahamllehasavet,hri-ere,ppaTePdafnoYr-,:y %,.:,,, .,, ..,.... .
screening, , and ...other P
-time to time ' -- ' - Al ' ' the0 d'"
right of the company to ' cornipanY.s. excavation, ', t ' ' rd nce ith ' with the;TPWa..obli.tig,7, shall`ricaPPIY tP-seles:;:::111,40..Oilpaliti'eS
relatingtcustomer--Section 14. Maps, of - a- torPor,ate,,reorgam7 the:power o . Y. , . . ....,_ ..
strued as waiving the • as,existe .,. or o., the . = ,.,,-. ,,. ,, ..,,..rules and '.regulations Board. - , , 1.4.:, - ....., ..- - .- • . . - ..= ,
1 ."4- .': ' ferS'-'madd-.:Oui-siiipt to end;,:any.limitation on .. P„ ,, .. . .. ,
a,ssignments, or trans- ; - rule PoWers..-: o , such ..-",-Board:,: The. titY..?"shall
'a waiver_ of or ;beCon, '"-reStoring'.the'pb`ndition. •,..'t,ij .c,'.''2,`,.13a,'.. sil-,', •• or , Should : th em 'P. ac,ce a 1." ,,, .., , . ,
', ' , ' - existed ,:t -- '',' :,groulids,III:16cordWith , Premises. -e
• oppose, challenge, :or - but shall' not be' re city at' e 'comPanYs - n connections and mainDistributionY„, Pl. T tnecit is nys ,'Iowa.-. -trancnise
, the,drenna..nces,': lErr the .
British - thermal , units '
, ,_ . ... o , , ,
seek judicial review Of, - quired to -improve .,or,' costarldrexPensein ac- 'don' set forth in .-its'aP- and service line exten- ' (1) The cortiOany
in such manner as is modify the public - right ' aordance the
ulations; rate
:.‘"with'?"c.lowa Pr°Priate ; rules •and sions. currently in ef- shall, promptly 'after
'..'
now or may hereafter of ,vve-Y unless said irri- '' law,Indluding:''cernPa- regfect- and on file from the award of thi ffan-
be provided by law,' 'Provement is. 'rieces: nYs :tariff 'on:file:With, thenin effectshall be. time to time with the chise, furnish th -.city
any such rules, regula- sary,'.to Meet 16.2si,jDA§ „ and -made effective by automatically and tor- . . Iowa utilities board or engineer one elecirbnic
tion; policy, resolution, (statewide:. urban" "de, . theloWa'UtilitieS Board respondingly. . lowered
during
and , reduced- , other competent, au- copy, in format arit de.
, ,
and ordinance pro- sign r and :sPeCffica-- as may subsequently thoritY . haying jurisdic- tum compatible with.
posed,adOpted,pr pro- tions)',;:,j'standard;'-•.a be. amended, .• to con- any period or periods
. tionWhenever the citys IS progranNoli-
rnulgated ''by' -the. city. retruirernent,t-.3::ofir. the struct,', replace; 'repair, ' of time , in which such * .ribution ' system, is . cies and proce
Further, the company me s,
.op. ..
,L,_- ri,cart"Ith:W..ith'Clisabil- , 1,0cate end relocate its lower British therma ..
Viieltended,--4,•'ttioSe--i-Mcluding,:confid ' --.=
,.
shall. comply with the ... .itieS:act, or any'otKei, existing facilities ,.--Or uni,t,'N.a1U_e shall be401,1,1,,-,rnainSand,serviCe lines ty, detailed, rhaP1
folloiving: , , . - 'Standard 'Mandated -15Y" ' equipment in, on, over nisned'''.1'he'rlaq',...i§hail' '..t.hatji'ware ,,:,: beneath maps of..-itSkiistribut
(3) All -facilities placed state -I or federal " 16.1-ni, -dr-,-und6r'-'z'ahy ' public havethe : Privilege, -of l' streets -and '1'roads. con- • sYstern .bdth..iiith in'.
i„„d manager;., of consolidationannexa-
sale
6stan- itself wer 'and au .
zation, .or ,,to a
, divestiture Or taon db lel hestrictly.cityth,eright reservesco tnos construed
)(e7tro: ,- tionoe mail,w°perro-dopi pni ::TrtnheYet hsa'cled-d, n rfd'11:.agl all 0' the pas dis- c
IF all or s! -I • ise all Po l te and . . fee will be
the corn, 7. MateruI and . , .1 itioonrse, og-fu the city shall cesiehhctaistlielongw-htnice. annexedtranchalsre
Section 1 illation- ' regu..b
. i rdinances .
r thetoetrihaeirlyP9.in braeachthoef". oringchltse pdrailtnelYdt° tt • stances-bearequired t° '
e' rirlotsacCPurr°rveinscL"enosf. UPrri°Ialteri-.,' comp -any . under this
applied The company
Breach Ether City or compafly shall r un sb1ty(60) days
company
nate this sh-ell be
feeas
extlesnst.; atrifie. Yenaforerce'ra (2) The 'Circum -,1
with .ahnyo not,
° • rec- - thereafter. coMPans-
paflY
. hall ,
.,o!.„,tcheoartirtY0,1„.ts cal, af-faras.ci
above ground- in street ' Proy,ided howeyer, , If Street, avenue, rig • 0 . ...,. ., , , strutted. by the city or , - = .
right-of-way after the antiMPrOyerriehtl.is.re,- way,: alley, PubliC-. furnish.. 'satisfactory '. a -7,..., -,private ,,,developer, immediateiy.,surrou 5,),. l al, breach,- the non- ,I, franchise i , ..- : , . ' .. " return or ' refund ,any
, .
cated behind the side= aesthetic ,- cosmetic or ' the city in such a man' unit °°ntent of the gas- and the pavement shall include,'..but.tipt bilD3ri-"fir Wiel5lahrtyreacs„151119':', -tion "c".t...a7I'llail;iit;L:Isil;', ilirLih franchise
been fescollected-tl1
of Britith thermal - within, the city ,limits; ing city Such ma S,
date hereof shall be I o- quested or required for "Places or grounds , in Proof
and screened. from Mandated by state or reasonably require' ex- consumers 'under this asphalt, the. company facilities showing rthe bytertified-mail sPeci-..., franchise the'cdmpanY',-, mitted to ,the' city. In
arty, with notification atthe eipirationcif'thiS' ' from customers and re -
walk where , feasible' similar purposes not her as the city may (3) Gas furnished to strutted with hot "mix' . be limitedto,istandard
pot be required coo_ pipeline qualify natural hall have all the mains location' •- .of ,,iaboVg. fying , the ,alleged . , wishesno longer to op , the event the coMPanY,.
public view in a, man , federal Jaw the city , cePtthe company shall franchise ..; shall be s -
ner that will not inter- . shall' . reirnburse the atract. raplace, repair, pas ,except that itahall and ,,service „lines , ex_ ,pround.., and „undri. breach. The breaching - erate the gas service,. is required to Provide,
fere • with -ADA ,re- company the incre, tended ouf of the pave- . ground' natural igas fa--& .party shall have sixty eYstem „within the citY ' data or,informatiPn in.
bility issues •as -de- provernentS. "The com- sting facilities r compound h a ment, area before the cilities to4belised1.4 I (60) days to cure the . or , to sell, assign or; .' defense , of the citY's '
final lift of asphalt is in- design and p arming teat , unless ,i 0 -I lease , he syst m , to a Ves t on. q frail h se
quirements or-, cause Mental cost of such im- locate and relocate ex- . contain some element
termined by the -City pany shall„cdnItOte aii company c it es r easily detected , dor i stalled: If, the,, pave- . only: The, compan4 res neno. - r . 11 .... thir ,PartY, hen the fe 0. th c rnPanY
original screening ma- pany .agrees any re- in, e company or -0th- gas'is releasea,' but riot vice' lines` may be .'ex- , year showing all subse.,,
terials may be provided Placement , " of road' erentities)unless said ''' sufficient th'be harmful tended -after the pave- quent additions oii..`c
by the city or the cityIs surface" shall • conform' private easement i is • to human or animallife ment is completed. All deletions to the distil=
contractor .at the. com- to current' "city - ordi- upon land-- owned by vr,' to 'interfere with pavement repairs shall bution system_ with
PanY's expense in con- 'flance.s regarding ..its :the ci - ' - - ' ' ' st er'• ' be .full depth, and re GIS compatible rnaps),,
junction . with . and - as depth and composition ; .:.(S) If ‘-the 'city' orders , - ., (4) All gas' service • placed -in full panel sec- • to the. city-- Howeverrw
part of the city pro- (2) The city when va= or requests terrine.- shall , .` be supplied tions according .to the Priorttoe..ancyj'teyxcaavratTtr;,,,
gram -for right-of-way . oating a street,Aveoue, ny.to relocate its exist-, .through a meter which. city excavation -policy by - h
maintenance At the alley; public ground or • ing -facilities or equipc- 'shall , accurately,- mea-- and , approved by, the agents, a, ditY repre-, -..,?.
request of the cornPa- public right of Way , men any , reason . . amount of gas ci engineer. ,, „- , sentative must contact-'''
ny, the city Or adjacent .. shall 'riot- deprive the ,',. other as specified , supplied .to. 'a - "con- (2) The city may , in the company regarding
Property . Owner -will company of its right to, - above or as the result sumer-, Th consumer the extension or ,modi- current ,information, on
thereafter maintain operate .and Maintain.: of the initial' request of, shall supply a safe and fication of streets, and the location of gas
such original screening existing ' fabilitieS.-. and ,''' a: ,commerciai or other , Proper Place for the in- roads, make provision mains or gas laterals in
" ' h ' ' their replacements'a nonpublic `,. .. develop - stallation of each such ,rfor the placement of the area . concerned.,
, _
rection provided that •neath the ' vacated Shall receive payment meters , and meter company service l' The obligation to con- , the result o . an
owmexpense and/or di, below, above,. or ,be- ment, the ..company :' meter- 'Standards for
the,icity,,macie-the,se ,prop Lp_rior th t e for the cost of such re- practices shall .be in and facilities I on , Icni•et.Ns, . tact the company on- tion's of a third- PartY. Or , shall appoint 'a third, effectiye. and ' binding
owned right of way der this section :shall ,„. the other party„.,- ' the price shall then be uport its 'ant:H.:oval and
ccordance
-it hvgditipm : le '• co 'te - -0" ' t --Ss_age _
tained. Notwithstand, way -- or -other pubjic. ,erluiPtrient." ) -.. Iowa Utilitie.s Board. - • ' • • sant .-t ,,," • '' , chapter -is held invalid in -Sixty (60) days of be the company The city i
. \ ground h - , - • - . .. - . - - - . - , . . , , .1. , , company must.,:mtilize ,„ a:, Iowa. Code
fl Engineer- Ligon request rePairS-10rthletY and 'located in Private ease.' an amPunt sufficient"to ment is constructed shall thereafter,update' partY, and the 'loaf -des company shall upon required to assist the
of the company. the prompt manner. Com-- ments (whether titled be noticeable When the with concrete the the map or maps avery'- agree' 'Iul:tdri. a longer, the 'city's request, giv- city in identifying cus-
PerIod fpr cure If the'."," 'en not earlier than one tom.ers or calculating
bre' ' t cured hundred :eighty (180) any'franchise fee re
within the cure Period, ' days before 'expiration ' funds for groups of or
, ,
the ncin-,breaChing'.,Par: or more than ninety' individual ,-- customers
ty -may terminate this, (90) days after, sell the the City shall" reimburse ,
franchise. A' party shall gas distributiOn system the, company for the
not be considered.to be :to the city at .a -price, expenses incurred by
in • breach of _ffiii frari- determined by rnutu- the, company to pro-,
chise if it has operated ally agreeable appi-ais- Vide such data or infor-
in compliance' er, or if the ,parties motion::
state or federal law:A cannot_ within sixty ',Section 23. Adop-
parti shall not be'corl- (60) days of notice, tion; Franchise Effec-
\ sidered to have agree Upon an apprais- tive and Binding. This
"I breached this franchise er, then they shall each , article and the rights
' if the alleged breach' is • appoint an appraiser and -priVileges her,ein •
oranted shall become-.
mquaetnetrlYa'ts- aPPsrfe-sr2pe- ecnatule-.V:y"-rer:h'tt'T.,'Ilx°isntl'iltg°V'F'fealPccailittilellsb7-". or alV:tes9,',s'd1113;e'd;by • . an areais pro \iicled,-,the ration'':organized- `piir, or=',''pro,Vision,:-Oe.ifiVtifteli'doVOt'agreei.yriitti- ' ,'\k-fittii acceptance by
litY;'"Ift'an e IP_D., _e s agree, n -.or; 14w" AtI:i•-'16Wa..1a,w :arid -the
• I . - . el'eventsilell-`=", ,Mad , 0.4. n-,at2:. . - .
the by a court of .compe- inp appointed, the shall proyide company.
ng the above company shall use its pany has facilites the '
. tent jurisdiction, such price.shall be the aver- with an original signed 1
,
best efforts to provide city shall grant -the
- holding shall not affect" age of the two (2) aP:. -.and sealed copy of this
that all -facilities con- Company a utility ease- the validity of any otn- , praisals which are article within ten (10),
structeci, -replaced, or ment for said facilities , er provisions , of this ' closest .. in dollar . days of its, final "pas-, I
relocated in the right- T•1•115. section shall not chapter which, can be amount' .. sage The company
. -
of way after the date apply to the -realign- given effect ,without .' Section'22. F r a n - shall, within thirty (30)
.
hereof shall be placed merit, ,, reconstruCtion,
, the invalid portion or ''' Chise.Feedays after the city
underground unless or ,vacatioff'of streets : portions and - to this (1) The franchise fee council approval of this
., , ,
because of the nature or,alleysin a designat- end each section ,and presently imposed by article file in the office.
of the facility or the ed'urban'renewal'area; i proVision of this chap; the city upon the com- of the clerk of the city,
standard construction provided, however, the tar is severable: , pany under Ordinance it.s acceptance in writ- -
or operatin practices city shall identify -re- Section 19. Revival. .69-03 as amended by, ' Mg of all the terms And
of the company the serve ,and .make avail- , The parties :,reedgnize* 'Ordinance Nos 76-03, provisions of this art-
. . . .
company . requests able alternate' Iota- -, that over the duration, 08-10, 07-14, 02-15, and cle. Follovving city
, such Facilities be - tions for facilites to MaY of this franchise,. both '..- 15-15, -shall -,, continue • council approval, this
, , _ , , technological and reg- under this franchise In ' article ;'-shall be , pub-
. ,
placed above ground. serve . the ;designated
Upon such request, the urban -- reneWal, area ulatory changes will . addition the city is au- lished in accordance
t
city ' engineer or right- consistent , with' ,'the ake place" which will thorized to impose by with the code of Iowa -
Personals -Notices
Personals -Notices
Personals -Notices
Personals -Notices
iil
nf-xnfau r -the impact the enforceabil-r fo.rpclinnantncen tai,lefranhise In the event" CorriPanY
onrrlinntnr technical needs of
thic ,'•hantn
Pr'amount does not file itS written
� u`d
relocated m;the right rThis section shall --•not
of-wayafter the date apply to.y the realign
hereof be' placed °>ment, " reconstruction,
underground ,.:unless or vacation rof streets
because of the, nature or alleys in a designat
of :.the facility:: or, the ed urban-renewal`area; ''
standard construction -provided, however, :the
or operating practices 'city shall; identify,."re-
of the company, the serve and. make avail;
,company requests able alternate loca-
suchFacilities" be ,tions for;:, facilities: to
placed above ground. serve the designated
Upon such request, the urban- ' renewal area ,
city engineer or right- consistent with ,the
of -way" coordinator .technical..needs of the
shall reviewand ap- company:;
prove the .plans for the Section 5. Reloca-
above: •ground place- tion of "'Pipes, „Con-
ment.of"Facilities in ac- duit and' Services;
cordance\with reason- Public•,; Improve -
able procedures-estab- mints,
fishedby the city, and (1) Whenever the city Onda
subject to such reason- shall pave " o"r repave M
able conditions as the any street or shall
city may establish for' change .the grade` line
public safety, : appear- of any street or public
• ance, or. coordination Place or shall construct
with; .Public Improve- or reconstruct anyicon
ments. Further,. where - duit , water main, ser
reasonable, practical,.vice or water connec
and appropriate and ,tion, sewer, or othe-
where adequate,' Right- municipal Public works
of -Way exists, the com- 'or utility, it shall,be the
pany:•shall screen .or duty. of,the .c'ompany,
shall place:;''above- `^`hensobrdered by the
ground Facilities . un- . city, •to change ; its
derground in conjunc- . mains, services' and.
tion with - city capital other, property in the
improvement,,projects streets "or other public
and/or at specific loca- "Places at its own : ex -
tions - requested r;by the penseso es to conform
city provided that such to • the ; established
placement is practical, grade. or: line of "Such
efficient, and economi- 'street or' public' place.
cally feasible. and so as -not to inter -
(4) The city. encour- `fere with the conduits,
er w� C�, Carl, rngpi
l,uen effect. wlthouf, Section 22 For; a n shall v ithin thirty (30)
he invalid portion or.: ciuse1Fee days after .rthe city'.
portions' 'and..to this (1)'The franchise fee council approval of:this
end each section and ..presently imposed by article, file in the office,'
provision 'of; this chap;; thecity upon the corn- of the clerkof the city,
terisseverable. pang under Ordinance its acceptance in writ
Section'19 . Revival: 59-03 as amended by, `-ing ofall the terms,and.',
The parties „recognize' Ordinance Nos. 76-03, provisions of this arti
f that over the duration 08-10, 07-14, 02-15, and cie Following city,
1 of 'this, franchise, both -15-15,; shall ,continue ,council approval, this
technological and reg— under this franchise. In -` article 'shall be:pub-
ulatory changes will . addition the city is au- lished in accordance
r.
take place" which will thorized to impose by with the code of Iowa.
impact" the ordinance a. franchise In the" event- company
ity of.this. :chapter' or fee up to the' amount does not file its written-
parts
rittenparts of it: In' recogni- • allowed by ;Iowa law- acceptance ofthisarti
tion of such . factors; " upon the gross revenue . cle within thirty (30)
:the parties agree that generated from sales '"days after its approval
in the event portions of of gas by the company by the city 'council this
this chapter, which' are .within 'the. ,corporate, :`article shall ".be void
now, Or in the future, ' limits of the city. The and of no effect
arel found ordeclared. company and city This Ordinance shall '
inapplicable or unen- agree that the city be effective once ap-
forceable, become council,may in its"dis-. proved in accord with
through a :subsequent ' cretion , increase . the lows law. .
change in law or tech- 'franchise fee by ordi- Passed and approved,
nology again to be ap- nance, without further :this .21st 'day of May
plicable or enforceable , consent fromthe•com- 2018 "' ' '
such "provisions shall' ; pany> provided, no in- CITY OF DUBUQUE,
be revived _and again crease shall exceed the IOWA
forma portion of thismakimum_francbise_fee. _.-.Ls/Roy,d . Buol ;Mayo
chapter. allowed 'by Iowa' law.: ATTEST:'By /s/Kevin
Section 20. R es a r- Upon ,;notice,: the com- S. Firnstahl,.City Clerk
vation of Home ..pany- 'shall promptly Published officially in
Powers. This -,chapter seek a tax rider tariff the Telegraph Herald
intended to 'be and from the Iowa Utilities L news a er on the 25th
shaii be construed"as'Board and` the `compa p P
e Qy-G,.r y i, �� I kyi day of May 2018-
u stay calm and execute your. intentions in a sten /s/=Kevin S Flrnstahl,
City Clerk
klowledgea'ble manner. Taking on too much and nil 1t5/25
d inions will harm your objective. ' . [ . "
May 23
INSIDE SALES EXECUTIVES
Monday—Friday Barn-5pm m 563.588.56a0 800.562.6014