HomeMy Public PortalAboutORD 40_Utah Power and Light Franchise_06221989ORDINANCE NO. '7'0
AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON
CORPORATION DOING BUSINESS AS UTAH POWER & LIGHT COMPANY,
AND TO ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT
AND POWER FRANCHISE
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF IONA, IDAHO:
Section 1: That there is hereby granted to PacifiCorp, an Oregon
corporation doing business as Utah Power & Light Company, and to its
successors and assigns (herein called the "Grantee"), the right, privilege
or franchise to construct, maintain and operate in and along the present
and future streets, alleys, rights -of -way and easements in the City of
Iona, Idaho, and its successors, electric light and power lines, together
with all the necessary or desirable appurtenances (including underground
conduits, poles, tower, wires, transmission lines and telegraph and
telephone lines), for the purpose of supplying electricity to said City, the
inhabitants thereof, and persons and corporations beyond the limits thereof
for light, heat, power and other purposes.
Section 2: The term of this franchise shall commence upon the
effective date of this ordinance and shall terminate on September 30, 2013.
Section 3: Poles, towers and appurtenant facilities shall be erected
or constructed within publicly dedicated streets, alleys, rights -of -way or
easements and shall be erected so as not to interfere with the use of a
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p u b l i c s t r e e t , s i d e w a l k , a l l e y r i g h t - o f - w a y , p r i v a t e v e h i c u l a r a c c e s s
t h e r e t o o r f i r e h y d r a n t s .
S e c t i o n 4 : A l l f a c i l i t i e s s h a l l b e c o n s t r u c t e d , e r e c t e d , m a i n t a i n e d a n d
o p e r a t e d u n d e r t h i s g r a n t i n a c c o r d a n c e w i t h e s t a b l i s h e d s t a n d a r d s a n d
p r a c t i c e s w i t h r e s p e c t t o e l e c t r i c a l f a c i l i t i e s , i n c l u d i n g s a f e t y a n d
c o m m u n i t y s e r v i c e s t a n d a r d s , a n d i n c o m p l i a n c e w i t h a l l l a w s o r s t a t u t e s ,
o r d i n a n c e s , l a w s o r r u l e s a n d r e g u l a t i o n s r e g a r d i n g t h e c o n s t r u c t i o n ,
e r e c t i o n , o p e r a t i o n a n d m a i n t e n a n c e o f s u c h e q u i p m e n t a n d f a c i l i t i e s .
S e c t i o n 5 : T h e C i t y s h a l l i n n o w a y b e l i a b l e o r r e s p o n s i b l e f o r a n y
a c c i d e n t o r d a m a g e t h a t m a y o c c u r i n t h e c o n s t r u c t i o n , o p e r a t i o n o r
m a i n t e n a n c e b y t h e G r a n t e e o f i t s l i n e s a n d a p p u r t e n a n c e s h e r e u n d e r , a n d
t h e a c c e p t a n c e o f t h i s f r a n c h i s e s h a l l b e d e e m e d a n a g r e e m e n t o n t h e p a r t
o f s a i d G r a n t e e , i t s s u c c e s s o r s a n d a s s i g n s , t o i n d e m n i f y s a i d C i t y a n d
h o l d i t h a r m l e s s a g a i n s t a n y a n d a l l l i a b i l i t y , l o s s , c o s t , d a m a g e o r
e x p e n s e w h i c h m a y a c c r u e t o s a i d C i t y b y r e a s o n o f t h e n e g l e c t , d e f a u l t
o r m i s c o n d u c t o f t h e G r a n t e e i n t h e c o n s t r u c t i o n , o p e r a t i o n a n d
m a i n t e n a n c e o f i t s l i n e s a n d a p p u r t e n a n c e s h e r e u n d e r .
S e c t i o n 6 : T h e C i t y m a y , u p o n g i v i n g r e a s o n a b l e w r i t t e n n o t i c e ,
r e q u i r e G r a n t e e t o r e l o c a t e a n y p o l e , t o w e r o r u n d e r g r o u n d c o n d u i t a t
G r a n t e e ' s e x p e n s e , i f s u c h r e l o c a t i o n i s n e c e s s a r y f o r t h e C i t y ' s s t r e e t
c o n s t r u c t i o n a n d m a i n t e n a n c e o r c o n s t r u c t i o n f o r a C i t y o w n e d o r o p e r a t e d
u t i l i t y o r f o r p u b l i c a n d t r a f f i c s a f e t y p u r p o s e s . I f s u c h r e l o c a t i o n i s
r e q u i r e d , t h e C i t y s h a l l p r o v i d e a f r a n c h i s e d a r e a o n w h i c h t h e f a c i l i t i e s
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can be relocated. Grantee agrees to relocate the facilities within a
reasonable time frame following receipt of the notice as provided herein.
Section 7: Grantee shall, upon written request of the City, remove
or raise its wires in order to permit the removal or transport of any house
or building over any public street, alley or right-of-way, provided,
however, that the person or contractor requesting such removal or
relocation of wires shall first pay to the Grantee any reasonable and
necessary costs which may be incurred by Grantee in conjunction with
such removal or relocation.
Section 8: The City may, upon written notice, require Grantee to
remove any above -ground distribution wire and replace the same with
underground conduit, provided, however, that such replacement is
technically prudent and conforms with reasonable utility practice and
provided Grantee may require any person or party requesting such
relocation to pay the reasonable and necessary expenses of such work in
accordance with the tariffs, rates and regulations established by the Idaho
Public Utilities Commission.
Section 9: The City shall have no responsibility for the location of
any water or sewer line or main, gas line, telephone or telegraph line or
any other underground utility, in conjunction with the construction or
installation of any facility by Grantee. Grantee's right to use the public
streets, alleys, rights -of -way and easements shall be subject to all existing
utility lines or mains, public structures, signs or facilities.
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Section 10: The Grantee shall file its written acceptance of this
franchise with the Recorder of the City Council after its passage.
Section 11: As a further consideration for this franchise, the
Grantee agrees to pay a sum equal to three percent (3%) of the gross
revenue derived by the Grantee from the sale and use of electrical power
and energy within the corporate limits of the City of lona, Idaho.
The term "gross revenue" as used herein shall be construed to mean
any revenue of the Grantee derived from the sale and use of electric
power and energy within the municipal boundaries of the City of lona after
adjustment for the net write-off of uncollectible accounts and corrections of
bills theretofore rendered.
Within forty-five (45) days after the close of each quarter in each
calendar year, the Grantee shall file with the City Treasurer of lona a
report of such gross revenue for such quarter. Such report shall contain
a statement of gross revenue and any deductions made because of
adjustments or corrections as herein provided, together with a computation
of the tax to be paid. Coincidentally with the filing of such report, the
Grantee shall pay to the City Treasurer the amount of the tax thus
computed. Within thirty (30) days after the filing of such report, or
within such reasonable additional time as the City Treasurer may request,
the Treasurer shall examine such report, determine the accuracy of the
amounts reported and, if he finds any errors, report the same to the
Grantee for correction; if the tax as paid be found deficient, the Grantee
shall promptly remit the difference and if the tax as paid be found
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excessive, the City shall promptly refund the difference. The records of
the Grantee pertaining to such report shall be open for inspection by the
Mayor or his duly authorized representative at all reasonable hours for the
purpose of verifying such report.
The City may alter the herein described franchise tax upon sixty (60)
days written notice to Utah Power & Light Company, Rexburg Region, 25
East Main, Rexburg, Idaho 83440, subject to existing federal, state and
local laws, rules and regulations.
This franchise tax shall become effective immediately upon the
adoption of this ordinance and publication thereof as provided by law.
Section 12: This ordinance assigned number 11 shall take effect
upon its introduction, passage and publication as required by law.
Section 13: If any section, subsection, sentence, clause or
paragraph of this ordinance is for any reason held to be unconstitutional,
void or unlawful, such decision shall not affect the remaining portions of
this ordinance.
Passed by the City Council of the City of lona, Idaho, and Approved
by the Mayor this day of
— Aftest :
1989.
City rk
C
Mayor
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STATE OF IDAHO
City of Bonneville
I. A /l r e % 6 %5 t„ , City Clerk of the City of Iona, Idaho, do
hereby certify that the above and foregoing is a full, true and correct
copy of the ordinance entitled "An Ordinance Granting to PacifiCorp, an
Oregon corporation, doing business as Utah Power & Light Company and
its successors and assigns an Electric, Heat and Power Franchise."
City C rk