There is hereby granted to Interstate Power and Light Company, hereinafter referred to as the “Company,” its successors and assigns, the right, franchise, and privilege for the term of 25 years † from and after the passage, adoption, approval, and acceptance of the ordinance codified in this chapter, to lay down, maintain, and operate the necessary pipes, mains, and other conductors and appliances in, along, and under the streets, avenues, alleys, and public places in the City as now or hereafter constituted, for the purpose of distributing and supplying and selling gas to said City and the residents thereof and to persons and corporations beyond the limits thereof; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa. The term “gas” as used in this franchise shall be construed to mean natural gas only.
Notes
| † | † EDITOR’S NOTE: Ordinance No. 2012-309, adopting a natural gas franchise for the City, was passed and adopted on March 5, 2012. |
The mains and pipes of the Company must be so placed as not to interfere unnecessarily with water pipes, drains, sewers, and fire plugs which have been or may hereafter be placed in any street, alley, and public places in said City, nor unnecessarily interfere with the proper use of the same, including ordinary drainage, or with the sewers, underground pipe, and other property of the City, and the Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the laying down, operation, and maintenance of said natural gas distribution system.
In making any excavations in any street, alley, or public place, Company, its successors and assigns, shall protect the site while work is in progress by guards, barriers, or signals; shall not unnecessarily obstruct the use of the streets; and shall backfill all openings in such manner as to prevent settling or depressions in surface; and shall replace the surface, pavement, or sidewalk of such excavations with same materials, restoring the condition as nearly as practical; and, if defects are caused, shall repair the same.
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