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HomeMy Public PortalAboutFranchise AgreementIDAHO POWER COMPANY RO. BOX 7O BOISE, IDAHO 83707 KELLY R. EDWARDS Community Relations Representative October 10, 1997 Via UPS Cherry Woodbury Acting City Clerk City of McCall 216 E. Park Street McCall, ID 83638 Re: McCall Franchise Agreement with Idaho Power Ordinance No. 713 Dear Ms. Woodbury: Enclosed is one executed original of the McCall franchise' agreement signed and attested by Idaho Power. We have kept the other executed original of the agreement for the Company's files. Also enclosed are two originals of Idaho Power's formal acceptance letter. Please execute both originals of this letter and remm one to me. Additionally, I have enclosed a franchise Certificate for execution by the City to verify that the various requirements for the franchise have been met. The Certificate includes the following exhibits: Exhibit A - City. Council Meeting Minutes. Please attach the minutes from the first City Council meeting, where the franchise ordinance (Ordinance No. 713) was introduced, and from the second City Council meeting, where the ordinance was adopted. Exhibit B - Ordinance No. 713. A copy of this Ordinance will be attached to the Certificate as Exhibit B. Exhibit C - Newspaper Notices. Under Idaho law for franchise ordinances, the City is to publish the ordinance twice; once before the franchise ordinance is adopted and once within thirty days after the ordinance is adopted. Please supply copies of the ordinance publications as Exhibit C. Telephone (208) 642-6553, Fax (208) 634-2118 Exhibit D - Idaho Power Acceptance Letter. A copy of the enclosed acceptance letter will be attached as Exhibit D after you have executed the City's portion of the acceptance letter. Please fill in the blanks on the Certificate form and attach the exhibits as discussed above and execute the Certificate as the City Clerk representing the city. The Certificate can then be returned to me with the executed acceptance letter referenced above. I will be submitting Idaho Power's insurance certificate which is required under Section 7 of the franchise agreement. Thank you once again for your assistance with the Idaho Power - McCall franchise agreement. Please feel free to call me at 642-6553 if you have any questions. Sincerely, Kelly Edwards -2- CERTIFICATE STATE OF IDAHO ) ) SS. COUNTY OF VALLEY ) I, the undersigned, the duly qualified and acting City Clerk of the City of McCall, Idaho, hereby certify that: 1. Attached hereto as Exhibit A is a full, true and correct copy of portions of the minutes of the regular meetings of the City Council~of McCall, Idaho, duly held in said City on the dates of ~a..., ~. ~ /~ ~ ~co_.~([, ! c~ 97 , respectively, at which meetings all of the (~ouncflq~'Iembers r6cited" m the~ninute~ as present were present during the entire meetings; that such portions of the minutes contain all parts of the minutes which relate to the regularity of the meetings or to any and all proceedings had with reference to the passage of Ordinance No. 713 granting a franchise to Idaho Power Company, its successors and assigns. 2. At each of the meetings aforesaid the ordinance was read, and said ordinance was duly passed and adopted. 3. Attached hereto as Exhibit B is a full, true and correct copy of Ordinance No. 1251 as adopted by the City and as appears on record and on file in my office. 4. Said ordinance has never been altered, amended or repealed and is now in full force and effect. 5. At the time of the adoption of said ordinance, there were no rules or regulations of the City Council requiring ordinances or franchises to be passed or adopted in any manner or form different from that followed. 6. I am the legal keeper and custodian of the original .records from which the attached copies purport to be made, and that I have compared said copies with the original records, and have found them to be tree copies thereof. 7. Both prior to the passage of said ordinance, and within 30 days after the passage of the ordinance, I caused the ordinance to be published in ~"~C~ !~.,~-.. , which is a newspaper having a general circulation in said City of McCall. Attached hereto as Exhibit C are copies of the proof of publication forms for the ordinance. 8. At the time of the passage of the above ordinance, the said City of McCall was a City incorporated under and governed by the general laws of the State of Idaho, and the Mayor of said City and Council Members of said City were as follows: ordinance, the Grantee, Idaho Power Company, duly mailed to me, as City Clerk of said City, its written acceptance of the franchise granted by said ordinance. · .~[N WITNESS~WHEREOF, I hereunto set my hand and affLxed the said seal of said City this,~L~day of (~)C, ~, .~g~)~ , 1997. (SEAL) - Cit~lerk EXHIBIT A