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Granting Natural Gas Distribution System to IES Utilities Inc.









SECTION 8-105-1   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 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 Belle Plaine, Benton 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 limited thereof. The term “gas” as used in this franchise shall be construed to mean natural gas only.


SECTION 8-105-2    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 8-105-3    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 8-105-4    Said Company, is 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 8-105-5    The franchise granted by this Ordinance shall not be exclusive.

SECTION 8-105-6    The term of the franchise granted by this Ordinance and the rights granted hereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the said Company, as herein provided.


SECTION 8-105-7    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 8-105-8     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 8-105-9     BE IT FURTHER 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 Belle Plaine, Benton County, Iowa, at a Special Election and that said Special Election is hereby called and ordered to be held in the City of Belle Plaine, Benton County, Iowa on the 4th day of November, 1997, 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.


Passed and approved this 15th day of September, 1997.

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