9-1-1: FRANCHISE GRANTED:
There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called "company", and to its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the city of Clive, Iowa, hereinafter called the "city", a gas distribution system, to furnish natural gas along, under and upon the streets, avenues, alleys and public places to serve customers within and without the city and to furnish and sell natural gas to the city and its inhabitants. This franchise shall be effective for a twenty five (25) year period from and after the effective date hereof; provided, however, that there may be a reevaluation prior to the end of the fifteenth year of this franchise, with the opportunity for both parties to request amendments to this franchise. If neither party requests such reevaluation by means of a written notice to the other party at least ninety (90) days prior to the expiration of the fifteenth year of this franchise, this franchise will continue without change for the remaining ten (10) years. If such a request to reevaluate or amend the terms of the franchise is made and the parties are unable to agree to amend the terms of this franchise within ninety (90) days or by a mutually agreed upon date, then either party may terminate this franchise at the end of the fifteenth year. For the term of this franchise, the company agrees not to exercise its right of eminent domain without the prior approval of the city council, which approval shall be evidenced by a resolution of the city council. The company shall not, without consent of the city, sell, assign or convey its franchise rights granted pursuant to the franchise except that the company may, without the city's consent, sell, assign or convey such franchise rights to its affiliated companies or subsidiaries. (Ord. 874, 12-6-2007)