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HomeMy Public PortalAboutORD 171-02-13_Rocky Mountain Power Franchise_06272013171-02-13 AN ORDINANCE GRANTING AN ELECTRIC UTILITY FRANCHISE TO ROCKY MOUNTAIN POWER WHEREAS, Rocky Mountain Power, ("the Company"), is a regulated public utility that provides electric power and energy to the citizens of the City of Iona (the "City") and other surrounding areas; WHEREAS, providing electrical power and energy requires the installation, operation and maintenance of power poles and other related facilities to be located within the public ways of the City; WHEREAS, the City desires to set forth the terms and conditions by which Rocky Mountain Power shall use the public ways of the City; NOW, THEREFORE, be it ordained by the City: SECTION 1. Grant of Franchise and General Utility Easement. Subject to the terms and conditions of this Ordinance, the City hereby grants to Rocky Mountain Power the right, privilege and authority to construct, maintain, operate, upgrade, and relocate its electrical distribution and transmission lines and related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers and transmission lines (collectively referred to herein as "Electrical Facilities") in, under, along, over and across the present and future streets, alleys, public ways and public easements (collectively referred to herein as "Public Ways") within the City, for the purpose of supplying and transmitting electrical power and energy to the inhabitants of the City and persons and corporations beyond the limits thereof. SECTION 2. Term. The term of this Franchise is for a period of fifteen (15) years, commencing on the date of acceptance by Rocky Mountain Power as set forth in Section 3 below. SECTION 3. Acceptance by Rocky Mountain Power. Within sixty (60) days after the passage of this Ordinance by the City, Rocky Mountain Power shall file an unqualified written acceptance thereof, with the City Clerk. In the event such acceptance is not filed within such time frame, then this Ordinance shall be null and void. SECTION 4. Non -Exclusive Franchise. Rocky Mountain Power's right to use and occupy the City's Public Ways shall be non-exclusive and the City reserves the right to use the Public Ways for itself or any other entity that provides CATV, telephone, communication or data transmission services or water or sewage service to City residents, provided however that the use by such other entities shall not unreasonably interfere with Rocky Mountain Power's use of its existing facilities or any facility hereafter constructed by Rocky Mountain Power pursuant to the rights granted herein. Notwithstanding such rights, the City reserves the right to exercise its lawful regulatory authority with respect to the Public Ways, including the right to require Rocky Mountain Power to relocate, alter or reconfigure its electrical facilities in order to protect the public health, safety or welfare or otherwise advance the public's interest. All such relocations, Instrument * 1457946 DAHO FALLS. SONNEVILLE, IDiAHO 9J/-21113 /3:1/:14 No. of Pages: ! Recorded for : CITY OF IONA RONALD LONGMORE Fee: AA! Ex-Officio Recorder Deputy Index to: ORDINANCE alterations or reconfigurations shall be at Rocky Mountain Power's sole expense. Rocky Mountain Power's rights shall also be subordinate and subservient to the City's operation, maintenance, use and extension of its water system and all mainlines, pumps, structures and facilities appurtenant thereto. SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations pertaining to the use, maintenance and operation of the Public Ways within the City or as may be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens and their properties or exercise any other rights, powers, or duties required or authorized, under the Constitution of the State of Idaho, the laws of Idaho or City Ordinance. SECTION 6. Indemnification. The City shall not be liable or responsible for any loss or damage to property or any injury to, or death of any person that may occur in connection with the construction, operation or maintenance by Rocky Mountain Power of its Electrical Facilities. Rocky Mountain Power shall indemnify, defend and hold the City harmless from and against such claims, demands, liens and all liability or damage of whatsoever kind on account of Rocky Mountain Power's use of the Public Ways within the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand, action or lien brought thereunder. The City shall: (a) give prompt written notice to Rocky Mountain Power of any claim, demand or lien with respect to which the City seeks indemnification hereunder; and (b) cooperate with Rocky Mountain Power in the defense of such claim, demand or suit. If such notice is not given, Rocky Mountain Power shall not be bound by any settlement made without its consent. Notwithstanding any provision hereof to the contrary, Rocky Mountain Power shall not be obligated to indemnity, defend or hold the City harmless to the extent any claim, demand, action, suit or lien arises solely out of or in connection with any negligent or willful act or failure to act of the City or any of its officers or employees. SECTION 7. Annexation. 7.1 Extension of City Limits. Upon the lawful annexation of any territory to the City, the rights granted herein shall extend to the annexed territory. All Electrical Facilities owned, maintained, or operated by Rocky Mountain Power located within the Public Ways located within the annexed territory shall thereafter be subject to this Ordinance. 7.2 Notice of Annexation. When any territory is approved for annexation to the City, the City shall, no later than twenty (20) working days after passage of an ordinance approving the proposed annexation, deliver to Rocky Mountain Power: (a) the street address, if known, of the property annexed: (b) a legal description of the annexed territory, including detailed maps of the annexation property; and (c) a copy of the City's ordinance approving the annexation. The notice shall be mailed to: Rocky Mountain Power Customer Services Attn: Annexations PO Box 400 Portland, OR 97207-044 2 7.3 Nature of City's Notice Obligation. In the event the City fails to provide such notice on a timely basis, Rocky Mountain Power shall have no obligation to comply with the terms of this ordinance with respect to such annexed territory until such notice is given. Notwithstanding the City's failure to give such timely notice, nothing in section 7.2 shall invalidate such annexation, entitle Rocky Mountain Power to seek damages or other monetary relief on account of such failure nor relieve Rocky Mountain Power of its indemnification obligations under section 6 hereof. Further, the City's failure to timely give such notice shall not constitute a waiver of its regulatory authority over Public Ways within the annexed territory nor prevent the City from adopting new ordinances or regulations applicable to the use of such Public Ways. SECTION 8. Plan, Design, Construction and Installation of Rocky Mountain Power's Facilities. 8.1 All Electrical Facilities installed or used under authority of this Franchise shall be used, constructed and maintained in accordance with applicable federal, state and city ordinances, codes and regulations. 8.2 Rocky Mountain Power shall, prior to commencing new construction or major reconstruction work in the Public Ways, apply for a permit from the City which permit shall not be unreasonably withheld, conditioned, or delayed. Rocky Mountain Power will abide by all applicable ordinances and all reasonable rules, regulations and requirements of the City, and the City may inspect the manner of such work and require remedies as may be reasonably necessary to assure compliance. Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to obtain a permit to perform emergency repairs in order to protect public health or safety, provided the extent of such repairs is limited to such measures, facilities or mitigation measures reasonably necessary to protect the public's health and safety. In such event, Rocky Mountain Power shall promptly notify the City of any new pole, equipment or facility installed within the Public Ways and shall obtain a permit for the use, operation and maintenance of such new facility as soon as possible after the emergency work has been completed. All such emergency work shall comply with any and all City ordinances or regulatory authority, notwithstanding that a permit was not first obtained. 8.3 All Electrical Facilities shall be located so as to cause minimal interference with the use, operation and maintenance of the Public Ways and any existing public utility line, equipment or facility located therein and shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable, rules, ordinances and regulations of the City. All electrical facilities shall be installed, operated or repaired in a manner that does not impede, obstruct or otherwise impair the City's use, operation and maintenance of its water system or any sewer mainline, facility or appurtenant equipment. In no event shall the use, operation or maintenance of any Electrical Facility create a public safety hazard, obstruct or impede use of the Public Ways for movement of traffic or pedestrians. 8.4 If, during the course of work on its Electrical Facilities, Rocky Mountain Power causes damage to or alters the Public Way in any manner, Rocky Mountain Power shall (at its 3 own cost and expense and in a manner reasonably approved by the City) replace and restore it to as good a condition as existed before the work commenced. Such remedial work shall be undertaken and completed as soon as reasonably possible with the least possible inconvenience to the public use of the Public Ways. 8.5 In addition to the installation of underground electric distribution lines as provided by applicable state law and regulations, Rocky Mountain Power shall, upon payment of all charges approved by the IPUC tariff, place newly constructed electric distribution lines underground, as may be required by City Ordinance. For the purpose hereof, the term "newly constructed" shall mean any electric distribution line constructed or installed by Rocky Mountain Power after the effective date of this Ordinance. 8.6 The City shall have the right without cost to use all poles and suitable overhead structures owned by Rocky Mountain Power within Public Ways for City wires used in connection with its fire alarms, police signal systems, or other public safety communication lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, interne, or similar services to the general public by the City. Provided further, that Rocky Mountain Power shall assume no liability nor shall it incur, directly or indirectly, any additional expense in connection therewith, and the use of said poles and structures by the City shall not create a safety hazard or interference with Rocky Mountain Power's use of same. Nothing herein shall be construed to require Rocky Mountain Power to increase pole size, or alter the manner in which Rocky Mountain Power attaches its equipment to poles, or alter the manner in which it operates and maintains its Electrical Facilities. City attachments shall be installed and maintained in accordance with the reasonable requirements of Rocky Mountain Power and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after written approval by Rocky Mountain Power in conjunction with Rocky Mountain Power's standard pole attachment application process, as approved by the Idaho Public Utility Commission. Such approval shall not be unreasonably withheld. Rocky Mountain Power shall have the right to inspect, at the City's expense, such attachments to ensure compliance with this Section 8.6 and to require the City to remedy any defective or unsafe attachments. 8.7 Before installing new underground conduits or replacing existing underground conduits, Rocky Mountain Power shall first notify the City of such work by written notice and shall allow the City, at its own expense, to share the trench of Rocky Mountain Power and to lay its own conduit therein, provided that such action by the City will not unreasonably interfere with Rocky Mountain Power's Electrical Facilities or delay project completion and provided the City shall be responsible for any incremental increase in the cost of such installation caused by the installation of the City's conduit. 8.8 Before commencing any street improvements or other work within a Public Way that will disrupt the delivery of electrical energy through Rocky Mountain Power's Electrical Facilities to any customer, the City shall give written notice to Rocky Mountain Power. SECTION 9. Relocations of Electrical Facilities. 4 9.1 The City reserves the right to require Rocky Mountain Power to relocate its Electrical Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a reasonable period of time after written delivery of notice by the City, Rocky Mountain Power shall promptly commence and complete the relocation of its Electrical Facilities. Prior to the commencement of such relocation, the City shall, with the advice and cooperation of Rocky Mountain Power, identify a reasonable alignment for the relocated Electrical Facilities within the Public Ways of the City. 9.2 Notwithstanding the foregoing, Rocky Mountain Power shall not be obligated to pay the cost of any relocation of Rocky Mountain Power's Electrical Facilities that is required or made a condition solely for the benefit of a private development or private customer. In such event, City may order the removal or relocation of Rocky Mountain Power's Electrical Facilities, provided Rocky Mountain Power shall have no obligation to commence such removal or relocation until its receipt from such private developer or private customer of an amount reasonably estimated to cover the costs of such relocation or removal. Such relocation or removal costs shall be subject to all tariffs, rates and regulations promulgated or issued by the Idaho Public Utilities Commission. SECTION 10. Subdivision Plat Notification. Prior to the approval and recording of any new subdivision plat or the issuance of any permit which requires relocation or removal of any Electrical Facility, the City shall deliver to Rocky Mountain Power a copy of any plat application or permit application, including any final plat, site plan and improvement drawings which include or reflect the nature or location of any such Electrical Facility required for removal or relocation or underground burial. Such application and associated documents shall be delivered to Rocky Mountain Power at the following address, or such other address which shall be delivered to the City in writing, to wit: Rocky Mountain Power Attn: Estimating Department 852 East 1400 North Shelley, ID 83274 SECTION 11. Vegetation Management. Rocky Mountain Power or its contractor may prune portions of trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways in order to prevent the branches or limbs or other part of such trees or vegetation from interfering with Rocky Mountain Power's Electrical Facilities or to eliminate a public safety hazard. Such pruning shall comply with the American National Standard for Tree Care Operation (ANSIA300) and be conducted under the direction of an arborist certified with the International Society of Arboriculture. Rocky Mountain Power shall defend and hold the City harmless from any claim arising from such pruning, all in accordance with the provisions of section 6 hereof. SECTION 12. Compensation. 12.1 In consideration of the rights, privileges, and franchise hereby granted, Rocky 5 Mountain Power shall pay to the City from and after the effective date of the acceptance of this franchise, three percent (3%) of its gross revenues derived from within the corporate limits of City. The term "gross revenue" as used herein shall be construed to mean any revenue of Rocky Mountain Power derived from the retail sale and use of electric power and energy within the municipal boundaries of the City, after adjustment for the net write-off of uncollectible accounts and corrections of bills theretofore rendered. Notwithstanding any provision to the contrary, at any time during the term of this Franchise, the City may elect to increase the franchise fee amount as may then be allowed by state law. The City shall provide Rocky Mountain Power with prior written notice of such increase following adoption of the change in percentage by the City. The increase shall be effective sixty (60) days after City has provided such written notice to Rocky Mountain Power. 12.2 No other franchise fee shall be levied, assessed or collected by the City with respect to Rocky Mountain Power's exercise of its rights or privileges granted by this Franchise Ordinance. SECTION 13. Renewal. In the event either party desires to extend the term of this Franchise, such party shall give written notice to the other party not less than one hundred twenty (120) days prior to the expiration date of this Franchise. In the event such notice is given, the parties shall thereafter meet and confer for the purpose of discussing such extension and shall negotiate in good faith during such time period with respect to such proposed extension. Nothing herein shall preclude the parties from mutually agreeing to extend the term of this Franchise on a month to month basis during such negotiations, provided such extension is mutually agreed in writing. SECTION 14. No Waiver. Neither the City nor Rocky Mountain Power shall be excused from complying with any of the terms and conditions of this Franchise by any failure of the other, or any of its officers, employees, or agents upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. SECTION 15. Transfer of Franchise. Rocky Mountain Power shall not transfer or assign any rights under this Franchise to another entity, except transfers and assignments by operation of law, or to affiliates, parents or subsidiaries of Rocky Mountain Power. In the event of such permitted transfer, the transferee shall assume all of Rocky Mountain Power's obligations hereunder, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Rocky Mountain Power may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Franchise to any financing entity, or agent on behalf of any financing entity to whom Rocky Mountain Power, (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. In the event such financing entity forecloses its mortgage, deed of trust or other security interest, such financing entity shall be bound by the terms and conditions of this Ordinance. 6 SECTION 16. Amendment. At any time during the term of this Franchise, the City or Rocky Mountain Power may propose amendments to this Franchise by delivering thirty (30) days written notice to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and Rocky Mountain Power and formally adopted as an ordinance amendment, which is accepted in writing by Rocky Mountain Power. SECTION 17. Remedies. 17.1 Subject to section 18 below, in the event of any breach of either party's obligations under this Ordinance, the non -breaching party shall have all rights, remedies and causes of action to which it may be entitled in law or in equity. Such remedies shall be cumulative in nature. 17.2 Neither the City nor Rocky Mountain Power will take any action for the purpose of securing modification of this Franchise before either the Idaho Public Service Commission or any court of competent jurisdiction except to the extent any term, provision or part of this franchise is deemed or considered unconscionable, ultra vires, or contrary to law; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve a difference in interpretation of the Franchise nor shall Rocky Mountain Power be precluded from seeking relief from the courts in the event the Idaho Public Utility Commission orders, rules or regulations conflict with or make performance under the Franchise illegal. SECTION 18. Attorneys Fees. In the event either party commences any action or suit to enforce the terms and conditions of this Ordinance, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the prosecution or defense of such action or suit. SECTION 19. Notices. 19.1 Unless otherwise specified herein, all notices from Rocky Mountain Power to the City pursuant to or concerning this Franchise shall be delivered to the City Clerk at the main office of the City. Unless otherwise specified herein, all notices from the City to Rocky Mountain Power pursuant to or concerning this Franchise shall be delivered to the Customer Services Vice President, Rocky Mountain Power, 825 NE Multnomah, Suite 2000, Portland, OR 97232, or such other address as Rocky Mountain Power may advise the City of by written notice. 19.2 All notices given or required under this Agreement shall be deemed to have been delivered upon (i) deposit of such written notice in the United States mail, postage pre -paid, certified mail, return receipt requested, addressed to the address of the receiving party as set forth above, or (ii) physical delivery of a copy thereof to such party in the same manner as is provided for service of process under the Idaho Rules of Civil Procedure. Either of the parties may change the address to which such written notices shall be delivered by delivering written notice to the other party in the same manner as set forth above. 7 SECTION 20. Severabilitv. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. SECTION 21. Removal of Facilities upon Termination. Upon termination of this Franchise or upon the expiration thereof, Rocky Mountain Power shall thereafter remove all above -ground poles, pedestal boxes, control boxes, lines and appurtenances and any other above- ground facility from within the Public Ways at its sole cost and expense. Upon such removal, Rocky Mountain Power shall restore the Public Way to the same condition in which it existed prior to such removal and shall remove any waste, debris, abandoned equipment or other above -ground facility used by Rocky Mountain Power in conjunction with its exercise of its rights under this Franchise. Such removal and remediation work shall be completed within one hundred eighty (180) days after the expiration or termination of this Franchise. SECTION 22. Waiver of Right to Jury Trial. To the fullest extent permitted by law, each of the parties waives any right it may have to a trial by jury with respect to any action or proceeding arising out of or in any way connected with this Ordinance or any of the party's rights, duties and obligations hereunder. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. PASSED by the City Council of the City of Iona, Idaho, this jl ,- day of June 2013. ATTEST: Julie ammond Ci Clerk MAYOR By: 8 Brad Andersen _ ROCKY MOUNTAIN POWER A DIVISION OF PACIFICORP July 25, 2013 To the Honorable Mayor and City Council of Iona, Idaho Gentlemen / Ladies: 70 North 2nd East American Fork, Utah 84003 This is to advise the City of Iona, Idaho that ROCKY MOUNTAIN POWER hereby accepts the terms and provisions of the Franchise Agreement passed by your Honorable Body on the 27th day of June 2013, granting a franchise agreement to ROCKY MOUNTAIN POWER for a term of fifteen (15) years entitled: "AN ORDINANCE GRANTING AN ELECTRIC UTILITY FRANCHISE TO ROCKY MOUNTAIN POWER" and files this, its written acceptance in accordance with all requirements of said ordinance. Very truly yours, Rocky Mountain Power By PV(10z- ren P. Morse irector Customer & Community Management 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 July 09, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: ELEC. UTIL FRANCHISE/ROCKY MTN POWER Published 2 Days between 06/07/2013 and 07/09/2013 Please refer to Ad #: 568546 Total Cost: $1,362.87,'�,�� i ezn i/7/7 �r �sr ?f • �y (208) 522-1800 (1"/ J-eX(7/ /id41. Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Staci @ extension 1164. THANK YOU! 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 June 07, 2013 IONA ID 83427 Account #: 00050110 Legal Notice: PUBLIC HEARING/ROCKY MTN POWER Published 1 Days between 06/07/2013 and 06/07/2013 Please refer to Ad #: 568709 Total Cost: $22.80 (208) 522-1800 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Staci Dockery @ extension 1164, or legalnotices@postregister.com THANK YOU! 0 Proof of Publication The Post Register State of Idaho Bonneville County: I, IIilaly Witt or Staci Dockery, first being duly sworn, depose and say: That I am the or Legal Notice Representative of the Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published Tuesday through Sunday at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880, and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November 1931, and each of said newspapers have been published continuously and uniterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidations up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register under this ad number: 568709, for 1 consecutive (days) weeks, between 06/07/2013 and 06/07/2013, and that the said notice was published in the regular and entire issue of said paper on the respective dates of publication, and that such noticas published in the wspaper and not in a supplement. Subscribed and worn to before me, this 07 day of June 2013 m NOTAR y STATE OF IDAHO /Ja7L?a PuBOG "�m rrl-f-vo �— attached jurat SS. COUNTY OF BONNEVILLE C/ 46xds Notary Public My Commission expires: 5/9/2019 Subscribed and sworn to before me, this 07 day of June 2013, before me, the undersigned, a Notary public for said state, personally appeared Hilary-W tt-or Staci Dockery, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and being by me duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. %70. Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 5/9/2019 CITY OF IONA PUBLIC HEARING NOTICE The City of lona's Council has scheduled a Public Hearing on the evening of June 25, 2073 at 7:15 p.m. at the Iona Community Center, which is located at 3548 N Main St, Iona, ID. The purpose of the hearing is to consider renewal of the -Rocky Mountain Power Franchise Ordinance. Written comments will be accepted up to seuen days prior to the hearing. The publicis invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting shquld contact the City Office the day before the meeting at 523-5600. Published: June 7, 2013 (568709) CITY OF IONA PUBLIC HEARING NOTICE The City of Iona's Council has scheduled a Public Hearing on the evening of May 21, 2013 at 7:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider renewal of the Rocky Mountain Power Franchise Ordinance. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to participate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600 Publish: May 3, 2013 333 Northgate Mile CITY OF IONA PO BOX 487 PR Post Register Idaho Falls, ID 83401 May 03, 2013 IONA ID 83427 Account #: 00050110 (208) 522-1800 Legal Notice: PUBLIC HEARING/ROCKY MTN POWER FRANCH. LegeIs Published 1 Days between 05/03/2013 and 05/03/2013 Please refer to Ad #: 558184 Total Cost: $18.53 Please include Ad # and Account # with payment. If you have questions concerning this bill, please contact Valinda @ extension 1187, or David @extension 1182. THANK YOU! Proof of Publication The Post Register State of Idaho Bonneville County: I, IIilary, Witt or Staci Dockery, first being duly sworn, depose and say: That I am the Claasificds IMauaget or Legal Notice Representative of the Post Company, a corporation of Idaho Falls, Bonneville County, Idaho, publishers of The Post Register, a newspaper of general circulation, published Tuesday through Sunday at Idaho Falls, Idaho; said Post Register being a consolidation of the Idaho Falls Times, established in the year 1890, The Idaho Register, established in the year 1880, and the Idaho Falls Post, established in 1903, such consolidation being made on the First day of November 1931, and each of said newspapers have been published continuously and uniterruptedly, prior to consolidation, for more than twelve consecutive months and said Post Register having been published continuously and uninterruptedly from the date of such consolidations up to and including the last publication of notice hereinafter referred to. That the notice, of which a copy is hereto attached and made a part of this affidavit, was published in said Post Register under this ad number: 558184, for 1 consecutive (days) weeks, between 05/03/2013 and 05/03/2013, and that the said notice was published in the regular respective dates of publication, and that such notics published in the n paper and not in a supplement. entire issue of said paper on the SubscribOogg I° before me, this 03 day of May 2013 �`i-. �!� �- •‘AO y• = /��fiLr�' 6cf:c^�/1�— pUBLIG Notary Public • .,,cS'')q ........... --- p��0�iri'r �OF4VOoO``` STATE OF IDAHO COUNTY OF BONNEVILLE attached jurat SS. My Commission expires: I/I0/261J' Subscribed and sworn to before me, this 03 day of May 2013, before me, the undersigned, a Notary public for said state, personally appeared HilaryWitt-er Staci Dockery, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and being by me duly sworn, declared that the statements therein are true, and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have herunto set my hand and affixed my official seal the day and year in this certificate first above written. A ,S► � • ), • PUBLIC . .d j� .. •gip ��.� I//aL44., Sc'avA- Notary Public for The Post Company Residing at: Idaho Falls My Commission expires: 1if012ars //-/o' g 0 / 1? CITY OF IONA PUBLIC HEARING NOTICE The City of lona's Council has scheduled a Public Hearing on the evening of May 21, 2013 at 7:30 pm at the Iona Community Center, which is located at 3548 North Main Street, Iona, Idaho. The purpose of the hearing is to consider renewal of the Rocky Mountain Power Fran- chise Ordinance. Written comments will be accepted up to seven days prior to the hearing. The public is invited to attend and public comment is encouraged. Any person needing special accommodations to par- ticipate in the above noticed meeting should contact the City Office the day before the meeting at 523-5600. Published: May 3, 2013 ("�184)