CHAPTER 4
GAS FRANCHISE
GAS FRANCHISE
SECTION:
11-4-1: Definitions
11-4-2: Grant Of Franchise
11-4-3: Street Usage
11-4-4: Excavations And Other Works; Vacated Property
11-4-5: Relocation Of Pipes, Conduit And Services; Public Improvements
11-4-6: Accessions To Franchise
11-4-7: Condition Of Service
11-4-8: Regulatory Review
11-4-9: Reserved Regulatory Rights
11-4-10: Technological Changes; Energy Efficiency
11-4-11: Extension Of Service
11-4-12: Rates
11-4-13: Reports
11-4-14: Maps Of Distribution System
11-4-15: Indemnification
11-4-16: Nonassignment
11-4-17: Material Breach; Termination
11-4-18: Severability
11-4-19: Revival
11-4-20: Reservation Of Home Rule Powers
11-4-21: Acquisition At Expiration
11-4-22: Franchise Fee Overview
11-4-23: Franchise Fee
11-4-24: Adoption; Franchise Effective And Binding
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, LLC dba Black Hills Energy, a Delaware Corporation, its successors and assigns.
FRANCHISE: The grant of authority contained in this chapter as accepted by the company.
GRANTEE: Black Hills/Iowa Gas Utility Company, LLC 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. (Ord. 17-18, 5-21-2018)
A. There is hereby granted to Black Hills/Iowa Gas Utility Company, LLC dba Black Hills Energy, a Delaware Corporation (the company), its successors and assigns, for a 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.
B. The company is granted the right to exercise powers of eminent domain.
C. 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.
D. 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 as "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. (Ord. 17-18, 5-21-2018)
A. 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.
B. 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 the following.
C. 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 the City 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.
D. 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. (Ord. 17-18, 5-21-2018)
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