The text
Sec. 13.12.010. - Grant of franchise.#
The city grants to Questar Gas a nonexclusive franchise (franchise) to construct, maintain, and operate in the present and future roads, streets, alleys, highways, and other public rights-of-way within city limits, including any property annexed or otherwise acquired by the city after the effective date of this franchise, (collectively, streets) a distribution system for furnishing natural gas to the city and its inhabitants for heating and other purposes. Questar Gas shall have the right to erect, construct, equip, and maintain along, over, and under the streets a system of mains, pipes, laterals, and related equipment (facilities) as are reasonably necessary for supplying natural gas service in accordance with this franchise.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.020. - Consideration.#
In consideration of this franchise, Questar Gas shall pay to city the sum of $50.00 upon acceptance of this franchise and shall provide gas service in accordance with the terms of this franchise.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.030. - Term.#
This franchise is granted for an initial term of 30 years. At the expiration of the initial term, the Franchise shall continue in effect upon the same terms and conditions for up to two additional terms (each of which is a renewal period) of 15 years each. The city may terminate the franchise at the end of the initial term, or at the end of any renewal period, by giving Questar Gas written notice of the city's intent to so terminate not less than 90 calendar days before the expiration of the initial term or any renewal period.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.040. - Acceptance.#
Within 60 days after the passage of this ordinance, Questar Gas shall file with the city an unconditional written acceptance of the franchise declaring its acceptance of the franchise and its intention to be bound by the terms and conditions of the franchise.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.050. - Construction and maintenance of facilities.#
All facilities shall be constructed and installed so as to interfere as little as possible with traffic over and public use of the streets and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the streets. All facilities shall be constructed in accordance with established gas distribution construction practices and in a manner which protects the facilities from all traffic loads. Without unreasonable additional cost to Questar Gas, all facilities that are installed during the term of the franchise shall be sited to be visually unobtrusive and to preserve the natural beauty and neighborhood aesthetics within the city limits.
Questar Gas shall repair or replace, at its own expense, any and all rights-of-way, pavements, sidewalks, street improvements, excavations, other facilities, landscaping, or other improvements, public or private, that it damages in the franchise operations.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.060. - Compliance with ordinances—Conflict.#
Questar Gas shall comply with all city ordinances, regulations, and requirements and shall pay all applicable excavation fees and charges that are or may be prescribed by the city with respect to the construction, maintenance and operation of all facilities. However, these obligations shall apply only as long as such ordinances, regulations, requirements, or fees are not preempted by or otherwise in conflict with any applicable statutory or constitutional law, rule, or regulation, or the tariffs approved by regulatory bodies having jurisdiction over Questar Gas, including this franchise and any lawful revisions made and accepted by Questar Gas during the term of the franchise.
The city shall have the right to inspect the construction and maintenance of the facilities to ensure the proper compliance with applicable city ordinances, regulations, and requirements. In the event Questar Gas should fail to comply with the terms of any city ordinance, regulation, or requirement, the city shall give Questar Gas written notice of such noncompliance and the time for correction provided by ordinance or a reasonable time for correction if there is no time frame provided by the applicable ordinance, regulation, or requirement. Excluding any correction, modification, or change to the facilities, and after written notice and failure of Questar Gas to make correction, the city may, at its sole risk, make such correction itself and charge the cost to Questar Gas including any minimum cost provided by ordinance. The city shall not make, nor request or allow any party other than Questar Gas to make changes, corrections, or modifications of any kind to Questar Gas's facilities. Nothing in this franchise limits Questar Gas's right to oppose any ordinance, whether existing, proposed, or adopted, from and after the effective date of this franchise.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.070. - Information exchange.#
Upon request by either the city or Questar Gas, as reasonably necessary, Questar Gas and the city shall meet for the purpose of exchanging information and documents regarding construction and other similar work within the city limits, with a view towards coordinating their respective activities in those areas where such coordination may prove mutually beneficial. Any information regarding future capital improvements that may involve land acquisition shall be treated with confidentiality upon request to the extent that the city may lawfully do so.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.080. - Relocation.#
Upon written notice to Questar Gas, the city may require the relocation and removal or reinstallation (collectively, relocation) of any facilities located in, on, along, over, across, through, or under any of the streets. After receipt of such written notice, Questar Gas shall diligently begin such relocation of its facilities as may be reasonably necessary to meet the city's requirements. The relocation of facilities by Questar Gas shall be at no cost to the city if (i) such request is for the protection of the public health, safety and welfare pursuant to lawful authority delegated to the city; (ii) the facilities have been installed pursuant to this or any other Questar Gas franchise and not pursuant to a property or other similar right, including, but not limited to, a right-of-way, grant, permit, or license from a state, federal, municipal or private entity; and (iii) the city provides a new location for the facilities. Otherwise, a relocation required by the city pursuant to such written notice shall be at the city's expense. Following relocation of any facilities, Questar Gas may maintain and operate such facilities in a new location within city limits without additional payment. If a city project is funded by federal or state monies that include an amount allocated to defray the expenses of relocation of facilities, then the city shall compensate Questar Gas up to the extent of such amount for any relocation costs mandated by the project to the extent that the city actually receives or is otherwise authorized to direct or approve payment of such federal or state funds; however, the city shall ensure that receipt of compensation from federal or state sources shall not restrict or otherwise obligate Questar Gas's ownership of the facilities in any way.
Notwithstanding the preceding paragraph, Questar Gas shall not be responsible for any costs associated with an authorized city project that are not attributable to Questar Gas's facilities in the streets. Further, all such costs shall be allocated among all utilities or other persons whose facilities or property are subject to relocation due to an authorized city project.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.090. - Terms of service.#
Questar Gas shall furnish natural gas service without preference or discrimination among customers of the same service class at reasonable rates, in accordance with all applicable tariffs approved by and on file with regulatory bodies having jurisdiction over Questar Gas, including revisions to such tariffs made during the term of the franchise, and in conformity with all applicable constitutional and statutory requirements. Questar Gas may make and enforce reasonable rules and regulations in the conduct of its business, may require its customers to execute a gas service agreement as a condition to receiving service, and shall have the right to contract with its customers regarding the installation and operation of its facilities. To secure safe and reliable service to the customers, and in the public interest, Questar Gas shall have the right to prescribe the sizes and kinds of pipes and related facilities to be used and shall have the right to refuse service to any customer who refuses to comply with Questar Gas's rules and regulations.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.100. - Indemnification.#
Questar Gas shall indemnify, defend, and hold the city, its officers and employees, harmless from and against any and all claims, demands, liens, liabilities, damages, actions, and proceedings arising from the exercise by Questar Gas of its rights under this franchise, including its operations within city limits, and Questar Gas shall pay the reasonable cost of defense plus the city's reasonable attorney fees. Notwithstanding any provision to the contrary, Questar Gas shall not be obligated to indemnify, defend or hold the city harmless to the extent that any underlying claim, demand, lien, liability, damage, action, and proceeding arises out of or in connection with any act or omission of the city or any of its agents, officers or employees.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.110. - Assignment.#
Questar Gas may assign or transfer its rights and obligations under the franchise to any parent, affiliate, or subsidiary of Questar Gas, to any entity having 50 percent or more direct or indirect common ownership with Questar Gas, or to any successor-in-interest or transferee of Questar Gas having all necessary approvals, including those from the Utah Public Service Commission or its successor, to provide utility service within the city limits. Otherwise, Questar Gas shall not transfer, assign, or delegate any of its rights or obligations under the franchise to another entity without the city's prior written approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Inclusion of the franchise as an asset of Questar Gas subject to the liens and mortgages of Questar Gas shall not constitute a transfer or assignment requiring the city's prior written consent.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.120. - Insurance.#
The company shall responsibly self-insure or maintain insurance to cover its obligations and liabilities as set forth in section 13.12.100, in lieu of any insurance as may be required in any city ordinances.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.130. - Bonding.#
Questar Gas has, and will maintain, on file with the city a self-bond in the amount of $5,000.00. If city ordinance requires Questar Gas to post any additional or other surety bond, that section of the ordinance is expressly waived.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.140. - Effect of invalidity.#
If any portion of this franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of any remaining portions of this franchise.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.150. - Amendment.#
This ordinance shall not be altered or amended without the prior written consent of Questar Gas.
(Ord. 2015-04, 11/10/2015)
Sec. 13.12.160. - Effective date.#
This ordinance shall become effective upon the date of acceptance by Questar Gas as established above.
(Ord. 2015-04, 11/10/2015)