Article VI. NATURAL GAS FRANCHISE [IES UTILITIES, INC.]  

ORDINANCE NO. 960

An Ordinance Granting to IES UTILITIES INC. ("Company"), Its Successors and Assigns, the Right and Franchise to Acquire, Construct, Erect, Maintain and Operate a Natural Gas Distribution System in the City of Mount Pleasant, Henry County, Iowa, and the Right to Lay Down, Operate and Maintain the Necessary Pipes, Mains, and Other Conductors and Appliances In, Along and Under the Streets, Avenues, Alleys, and Public Places of the City of Mount Pleasant, Henry County, Iowa, as Now or Hereafter Constituted, for a Period of Twenty-five (25) Years Subject to Cancellation at the End of the Fifteenth (15) and Twentieth (20) Years, for the Purpose of Distributing, Supplying and Selling Natural Gas to the City and its Inhabitants Thereof and to Persons and Corporations Beyond the Limits Thereof, and Providing for the Submission of Such Question to the Qualified Electors of the City of Mount Pleasant, Henry County, Iowa, at a Special Election Herein Called.

Be It Ordained by the City Council of the City of Mount Pleasant, Henry County, Iowa:

Section 1.  There is hereby granted to IES UTILITIES INC., hereinafter referred to as the "Company," its successors and assigns the right, franchise and privilege for the term of twenty-five (25) years subject to cancellation at the end of the fifteenth (15) and twentieth (20) years from and after the passage, adoption, approval and acceptance of this ordinance, 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 of Mount Pleasant, Henry County, Iowa, as now or hereafter constituted, for the purpose of distributing, supplying and selling gas to said city and the residents thereof and to persons and corporations beyond the limits thereof. The term "gas" as used in this franchise shall be construed to mean natural gas only.

Section 2.  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.

Section 3.  In making any excavations in any street, alley, avenue 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, shall back fill 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.

Section 4.  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.

Section 5.  The franchise granted by this ordinance shall not be exclusive.

Section 6.  Nothing herein contained shall in any manner be construed as depriving or limiting the City of Mount Pleasant, Iowa or its city council from exercising and carrying out any and all other powers and duties thereof as protected by law, including the power to establish a city utility pursuant to Iowa Code Chap. 388.

Section 7.  The term of the franchise granted by this ordinance and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the said Company, as herein provided. The city may cancel this franchise on the fifteenth (15) or twentieth (20) anniversary of this franchise by notifying Company in writing of its desire to do so, said notification to be given not more than thirty (30) days before the fifteenth (15) or twentieth (20) anniversary, respectively, of this franchise. If Company is not notified of the cancellation by the fifteenth (15) or twentieth (20) anniversary then this franchise shall continue without cancellation until the twenty-fifth (25) year. The anniversary date shall be the date this franchise is filed with the city clerk or otherwise effective by operation of law.

Section 8.  The expense of the publication of this ordinance and the expense of the election herein called shall be paid by the Company, its successors and assigns.

Section 9.  The franchise granted by this ordinance shall be conditioned upon acceptance by the Company in writing. The acceptance shall be filed with the city clerk within ninety (90) days from Company receiving a majority of the votes cast at the election hereinafter called.

Section 10.  Be it ordained and it is hereby ordered that the question of granting of the franchise provided for in this ordinance shall be submitted to a vote of the electors of the City of Mount Pleasant, Henry County, Iowa, at a special election and that said special election is hereby called and ordered to be held in the City of Mount Pleasant, Henry County, Iowa, on the 7th day of May, 1996, subject to the acceptance of the Company as provided in Section 8 above. Notice of said special election shall be given in the manner and form as required by law.

All members of the council being present and having voted "YES," mayor declared said motion carried, and said Ordinance No. 960 passed and adopted [on March 27, 1996].