FRANCHISES AND OTHER SERVICES

CHAPTER 110
NATURAL GAS FRANCHISE

110.01 Franchise Granted	110.10   Hold Harmless
110.02   Term	110.11   Successors and Assigns
110.03   Governing Rules and Reulations	110.12   No Third Party Beneficiaries
110.04   Provision for Inadequate Energy Supplies	110.13 Claimed Failure
110.05   Construction and Maintenance of Grantee’s Facilities	110.14   Non Waiver
110.06   Extension of Grantee’s Facilities	110.15   Repeal Conflicting Ordinances
110.07   Relocation of Grantee’s Facilities	110.16   Effect and Interpretations of Ordinance
110.08   Confidential Information	110.17   Effective Date and Acceptance
110.09   Force Majeure

 

110.01 FRANCHISE GRANTED.

   The City of Denison, Iowa (hereinafter referred to as "Grantor"), hereby grants a non-exclusive franchise to Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a Delaware limited liability corporation (hereinafter called "Grantee"), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over, above or across the present and future streets, alleys, avenues, bridges, public rights-of-way and public easements as are now within the present or future limits of said Grantor, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas and other operations connected therewith or incident thereto for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof, and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof. Such facilities shall include, but not be limited to, all mains, services, pipes, poles, communication devices, conduits and all other apparatus and appliances necessary or convenient for transporting, distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business.

110.02 TERM .

   The franchise granted hereunder shall remain in effect for a period of twenty-five (25) years consisting of an initial term of fifteen (15) years from the effective date of this Ordinance (the "Initial Term"), and for an additional ten (10) years after the expiration of the Initial Term, unless Grantor, through its Clerk, notifies Grantee in writing at least 180 days before the expiration of the Initial Term, that Grantor, for good cause relating to default of any material obligation hereunder, desires not to renew the franchise and specifies the reasons for non-renewal. † 6

 

Notes

6	†  EDITOR’S NOTE: Ordinance No. 1567, adopting a natural gas franchise for the City, was passed and adopted on June 6, 2023.

110.03 GOVERNING RULES AND REGULATIONS .

   The franchise granted hereunder is subject to all conditions, limitations and immunities now provided for, or as hereafter amended, by the Iowa Utilities Board or its successor, and State and Federal law.