Loading...
Said Company, its successors and assigns, shall throughout the term of the franchise distribute to all consumers gas of good quality and shall furnish uninterrupted service, except as interruptible service may be specifically contracted for with consumers; provided, however, that any prevention of service caused by fire, act of God or unavoidable event or accident shall not be a breach of this condition if the Company resumes service as quickly as is reasonably practical after the happening of the act causing the interruption.
The term of the franchise granted by this chapter and the rights thereunder shall continue for the period of 25 years from the after its acceptance by the Company, as herein provided. The City may cancel this franchise on the 15th year anniversary of the Anniversary Date of this franchise by notifying Company in writing of its desire to do so, said notification to be given within 30 days of the 15th anniversary respectively of this franchise. If Company is not notified of the cancellation by the 15th anniversary, then this franchise shall continue without cancellation until the 25th year. The Anniversary Date shall be the date this franchise is filed with the City Clerk or otherwise effective by operation of law.
Upon reasonable request the Company shall timely provide to the City, on a project specific basis, detailed maps and information indicating the horizontal location, relative to the boundaries of the right-of-way, of all equipment which it owns or over which it has control and which is located in the project right-of-way. Mapping information provided shall be for the exclusive use of the City in the administering the use and occupancy of the public rights-of-way within the City and shall not be provided to or relied on by any person of any other purpose. At the request of the City, mapping information will be reviewed with the City staff. Prior to any excavation by the City, or its agents, in addition to its responsibilities under the current Iowa One-Call System, or any successor system, City representatives must contact the Company regarding current information on the location of underground natural gas lines in the area concerned. Prior to excavating in the rights-of-way both parties shall contact and shall follow the procedures therefor of the corporation organized pursuant to Iowa Code Chapter 480 or an entity with a similar function utilized by both the City and the Company, currently the Iowa One-Call System. The shared section of map will be for information only, not for construction purposes, and cannot be reproduced or distributed. Any map or section thereof provided to City must be returned immediately to Company upon completion of project. All requests for Company maps must follow Company processes and applicable State and Federal regulations and protocols.
This chapter sets forth and constitutes the entire agreement between the Company and the City of Carroll with respect to the rights contained herein, and may not be superceded, modified or otherwise amended without the approval and acceptance of the Company. Notwithstanding the foregoing, in no event shall the City of Carroll enact any ordinance or place any limitations, either operationally or through the assessment of fees that create additional burdens upon the Company or which delay utility operations.