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HomeMy Public PortalAboutExhibit CEXHIBIT C PUBLIC NOTICES PROPOSED ORDINANCE NO. 713 CITY OF MCCALL "An ordinance in accordance with Idaho ode 50-328, 50-329 and granting a franchise Idah° Power (~ompany, a corporation, and to s successors and assigns, to construct, main- fin and operate in and upon the present and ~ture streets, highways and other public places ,ithin the corporate limits oftbe city of McCall, ]abo, electric utility property and facilities for upplying electricity and electric service to the ity, the inhabitants thereof, and others for a :tm of 20 years, including the nonexclusive ight to physically locate and maintain tele- phone, cable, fiber optics or other communica- ions facilities; setting forth an agreement not o compete, reserving power of eminent do- 'hain; providing for the payment of franchise tees; and specifying other limitations, terms and conditions governing the exercise of said franchise." Be it ordained by the mayor and council of the city of McCall, Idaho that; SECTION 1. The City of McCall, Idaho !hereinafter called the "City"} hereby grants to iDAHO POWER COMPANY, a corporation, md to its successors and assigns (hereinafter :ailed the "Grantee") the right, (subject to the 'ights of the city set forth in section 14 hereof), 9rivilege and franchise for a period of twenty '.20) years from and after , however, with the right to amend by mutual agreement, in accordance with Section 15, to construct, main- tain and operate in and upon the present and future streets, alleys, highways and other pub- lic places within the corporate limits of the C fy, electric utility property and facilities for supplying electricity to the City, and the inhab- itants thereof, and to persons and corporations beyond the limits of the City, including the nonexclusive right to physically locate and maintain telephone, cable, fiber optics of other communications facilities of the Grantee or other parties, (provided, that Grantee shall com- ply with the City's requirements for cable sys- tem franchises) all subject to the terms and conditions hereinafter specified. In the case of annexation of property to the corporate limit, such area will be considered under this agree- ment, upon effective date of the annexation, subject to Section 9 hereof. All such electric utility property and facilities now maintained by the Grantee within the streets, alleys, high- ways and other public places within the corpo- rate limits oftbe City shall be de~med covered by this ordinance as provided herein. SECTION 2. All of the Grantee's electric property and facilities in and upon the present and future streets, alleys, highways and public places within the corporate limits of the City shall be constructed and at all times maintained in good order and condition and in accordance with standard engineering practices and all applicable safety codes and lawful governme n- iai regulations, including all applicable state and federal regulations and all construction standards presently in effect by the Idaho Pub- lic Utilities Commission or adopted by that Commission during the term of this franchise agreement. SECTION 3. Upon request of the City, the Grantee shall relocate its facilities as necessary within the present and future streets, alleys, highways and other public places owned by the City. The City shall have no responsibility for the costs of such relocations. The Grantee shall bear the cost of relocating its facilities at the City's request, unless the facilities are to be relocated for the benefit of a third party, in which case the third party shall pay the costs of relocation. In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds are actually ob- tained. SECTION 4. It shall be lawful for the Grantee to make all needful or convenient be placed and maintained at such places and have the right to inspect the same at all times positions in or upon such public ways and during business hours, and from time to time public places as shall not interfere with the audit the same for the purpose of determining passage of traffic and shall conform to all gross revenues under Section 9 above. ' applicable laws, rules and regulations. SECTION 12. The franchise fees paid by SECTION 5. The City shall have the right the Grantee hereunder will be in lieu of and as and privilgge to string and maintain wires for payment for any tax or fee imposed by the City its internal communications for its fire, police, ' on the Grantee by virtue of its status as a public airport an~ other services upon the poles and utility including, but not limited to, taxes, fees other faci.ities erected and maintained by the or charges related to easements, franchises, excavations and/or installations in any of the' present and future street, alleys, highways and other public places within the corporate limits _o_f t~_e_.C_it_y- for the Purpose of erecting and Grantee hereunder, subject to the Rules and Regulations of the Idaho Public Utilities Com- mission. The City shall string, maintain and operate such wires at its own expense, risk and responsibility, and in accordance with all legal requirements and good engineering practices and in such manner as not to impose any additional expense upon Grantee of its said poles and facilities. Any such wires of the City shall be subject to interference by the Grantee only when necessary in the maintenance, op- eration or repair of the Grantee's own fixtures, wires, facilities and appurtenances. ' SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers, em- ployees and agents, harmless from any and all expenses or liability arisi.ng .form or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the con- struction, operation or maintenance of any of the Grantee's electric utility property or facili- ties. SECTION 7. Upon acceptance of this fran- chise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidenc- ing General Liability Insurance which covers claims for Bodily Injury, Property Damage and Personal Injury. Such insurance shall have minimum limits of $1,000,000 per occurrence. The City of McCall shall be named as an "Additional Named Insured: under Grantee's insurance policy. Should the minimum limits of insurance as set forth herein be increased above $1,000,000, pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation, the Grantee shall be required to provide the City with a new certifi- cate of insurance evidencing the higher limits upon the City's request. SECTION 8. The electric service to be furnished to the public hereunder, and all rates and charges therefor, and all regulation of the Grantee hereunder, shall at all times be subject to all rules, regulations an dorders that may be lawfully prescribed bY the Idaho Public Utili- ties Commission or by any other governmental, ~ authority now or hereafter having jurisdiction over such matters. During the term of this franchise, Grantee shall at all times assure that customers within the City have access to cus- tomer service form the Grantee as required by the Idaho Public Utilities'Commission. SECTION 9. As compensation for the right, privilege and franchise hereby granted, Grantee agrees to pay to the City on or before the 30th day of January, April, July and October, an amount equivalent to one percent (1%) of Grantee's "gross revenues" for the preceding calendar quarter. For purposes of this Section, "gross revenues" shall mean the amount of money billed by the Grantee For the electricity it sells within4be corporate limits of the City to customers, less uncollectibles. The City shall provide appropriate information to the Grantee to allow the Grantee to identify which of its customers are located within the corporate lim- its of the City for purposes of paying franchise fees. Grantee shall not be responsible for any failure to pay franchise fees which results from deficiencies in such information provided by the City. In the event the City annexes a new area into its corporate limits, the terms of this Section 9 regarding franchise fees shall not apply to the annexed area until sixty (60) days after the City has supplied the Grantee with appropriate information for the identification of the Grantee's customers within the annexed area. The Grantee's franchise fee payment obli- gations hereunder shall commence with the start of the Grantee's first full billing cycle rights-of-way, utility lines and equipment in- stallation, maintenance and removal during the term of this franchise agreement. SECTION 13. The Grantee shall have the right and privileg.e, insofar as the City is able to grant the same, m accordance with National Arborist Association standards, of the pruning of all trees which overhang the present and future streets, alleys, highways and otherpub- Itc places within the corporate limits ottbe City, in such a manner and to st!ch extent as will prevent the branches or limbs or other parts of such trees form touching or interfering with its wires, poles and other fixtures and equipment. However, except in an emergency, no pruning shall be undertaken without giving the occu- pant of the adjacent property written or oral notice that such pruning will be performed. SECTION 14. In consideration of Grantee' s undertaking hereunder as evidenced by its ac- ceptance hereof, the City agrees not to enga. ge in the business of providing electric serwce during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns; but nothing herein con- tained shall be construed or deemed to prevent the City form exercising at any time any power of eminent domain granted to it under the laws of the State of Idaho. The City shall not grant a franchise to another electric service provider during the term of this.franchise agreement unless the electric service provider has re- ceived approval to provide electrical service within the city form the Idaho Public Utilities Commission, and the City has imposed the same franchise fee on the electric service pro- vider on the electric service provider as paid by the Grantee. SECTION 15. In the event of an amend- ment to the laws, rules or regulations of the City of McCall, the State of Idaho or the Public Utilities Commission of Idaho applicable to this franchise, or for periodic review of any section of this agreement, the terms of this franchise and the rights and privileges herby · conferred may be changed, altered, amended or modified upon mutual agreement between the City and the Grantee. In all cases, 60 days notice shall be required on the part of City of Grantee to reopen the agreement pursuant to this section. SECTION 16. Any violation by the Grantee of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provi- . sions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days' written notice to the Grantee and the continuance of such violation, failure or default; however, this pro- vision shall not prevent the Grantee from sub- mitting such question of violation or forfeiture to the appropriate forum (which may include the district court having jurisdiction or the Idaho Public Utilities Commission) for deter- mination. SECTION 17. Sale, assignment or lease of this franchise is prohibited without notification to the City. SECTION 18. The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION 19. The Grantee shall within thirty (30) days after final passage of this ordi- nance, file with the city Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. SECTION 20. Inasmuch as the Grantee has constructed and now is maintaining and oper- ating the electric utility property and facilities in and upon the streets, alleys, highways, and public places in the City, it is here.by adjudged a~ dac_l~haLthis ordint~o~tt~.~eces~ PUBLIC NOTICES PAGE 11 - THE STAR-NEWS - THURSDAY, OCTOBER 9, ] AND ESCROW COMPANY. Said sale will be made without covenant or warranty regarding title, possession, or encum- brances, to satisfy the obligations secured by and pursuant to the power of sale conferred in the Deed of Trust, dated April 30, 1996 by MICHAEL L. EVERHART AND JENNIFER J. EVERHART as Grantors to Mountain Title & Escrow Company, Inc. as Trustee, for the benefit and security of Befieficial Mortgage Co. of Idaho as Beneficiary recorded on the I st day of May, 1996, in the official records of Valley County, Idaho Record's Instrument No. 217831. The Grantors named herein am listed to comply with Section 45-1506 (4) Ia) of the Idaho Code. No representat ion is made whether or not they are currently responsible for the obligation listed herein. Foreclosure is being effected because of default in the payment of the obligation due and owing from the Grantor to Beneficiary and evidenced by a Promissory Note, which said obligation is secured by the said Deed of Trust; said default consisting of: payments in the amount of $680.11 due for May, June, July, August, 1997 and each and every month them- after plus delinquent interest and any late charges for a total arrearage at this time in the amount of $2610.70. Payment of all delinquent taxes and insurance. By mason of said default, the Beneficiary has exercised its option in the Deed of Trust to declare the entire indebtedness and accrued interest, late charges, attorney's fees, trustae's fees and other costs or expenses associated with this foreclosure to be due and payable. The principal balance owing as of this date is $61,334.41 plus variable interest at a current rate of 13.00% per annum, and any other costs or expenses associated with this foreclosure as provided by the Deed of Trust, the Promissory Note or Idaho Law. Dated: this 19th day of September, 1997 Trustee: Mountain Title & Escrow Com- pany, Inc. By: Colleen L. Cole, Corporate Secretary 4tl0/30 ORDINANCES These notices give the public a look at the exact contents of ordinances local governments are considering for adoption in case you luave concerns or wish to comment. ORDINANCE NO. 713 "AN ORDINANCE IN ACCORDANCE W1TH IDAHO CODE 50-328, 50-329 AND 50-329A GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A CORPORA- TION, AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGH- WAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF McCALL, IDAHO, ELEC- TRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRIC- ITY AND ELECTRIC SERVICE TO THE CITY, TH E INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 20 YEARS, IN- CLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAIN- TAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREE- MENT NOT TO COMPETE, RESERVING POWER OF EMINENT DOMAIN; PROVID- ING FOR THE PAYMENT OF FRANCHISE FEES; AND SPECIFYING OTHER LIMITA- TIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE." BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO THAT; SECTION l.The City of McCall, Idaho (hereinafter called the "City") hereby grants to IDAHO POWER COMPANY, a corporation, and to its successors and assigns (hereinafter called the "Grantee") the right, (subject to the rights of the City set forth in Section 14 hemol), privilege and franchise for a period of twenty (20) years from and after September I I, 1997, however, with the right to amend by mutual agreement in accordance with Section 15, to construct, maintain and operate in and upon the present and futare streets, alleys, highways and other public places within the corporate limits of the City, electric utility property and facili- ties for supplying electricity to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City, including the nonexclusive right to physically locate and maintain tflephone, cable, fiber optics or other communications facilities of the Grantee or other parties, (provided, that Grantee shall comply with the City's require- ments for cable system franchises) 811 subject to the terms and conditions hereinafter speci- fied. In the case of annexation of property to the corporate thnit, such ama will be consid- ered under this agreement, upon effective date oftbe annexation, subject to Section 9 hereof. All such electric utility property and facilities now maintained by the Grantee within .the streets, alleys, highways and other public places within the corporate limits of the Cily shall be deemed covered by this ordinance as provided herein. SECTION 2.All of the Grantee's electric property and facilities in and upon the present and futura streets, alleys, highways and public places within the corporate limits of the City shall he constructed and al all times main- tained in good order and condition and in accordance with standard engineering prac- tices and all applicable safety codes and lawful governmental regulations, including all appli- cable state and federal regulations and all construction standards presently in effect by the Idaho Public Utilities Commission or adopted by that Commission during the term of this franchise agreement. SECTION 3.Upon request of the City, the Grantee shall relocate its facilities as neces- sary withi n the present and futura streets, alleys, highways and other public places owned by the City. The City shall have no responsibility for the costs of such relocations. The Grantee shall bear the cost of mlocating its facilities at the City's request, unless the facilities are to be relocated for the benefit of a third party, in which case the third party shall pay the costs of relocation. In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City shall apply for such funds and the Grantee will be reim- bursed to the extent any such funds are actually obtained. SECTION 4.It shall be lawful for the Grantee to make all needful or convenient excavations and/or installations in any of the present and future streets, alleys, highways and other public places within the corporate limits of the City for the purpose of erecting and maintaining the posts, poles, towers, or other supports for its wires or for the purpose of laying, maintaining and operating conduits, vaults and wires and other conductors under- ground for the purpose aforesaid, or to repair and improve such electric power and light system and to extend the same; pro¥ided that when the Grantee or any person or corporation under the authority of this franchise, shall disturb any of said streets, alleys, highways or other public places for the purposes aforesaid. he, it or they shall restore the same to good order and condition as soon as practicable and without unnecessary delay and failing to do so after five day s' notice from the City, or its duly authorized officer or officers, then the City may place said street, alley, highway or public place in such condition at the cost and expense of the Grantee, and said Grantee will forthwith pay the full cost and expense thereof upon demand of the City. All facilities constructed under this ordinance shall be placed and main- tained at such places and positions in or upon such public ways and public places as shall not interfere with the passage of traffic and shall conform to all applicable laws, rules and regu- lations. SECTION 5,The City ~hall have the right and privilege to string and maintain wires for its internal communications for its fire, police, airport and other services upon the poles and other facilities erected and maintained by the Grantee hereunder, subject to the Rules and Regulations of the Idaho Public Utilities Corn; mission. The City shall string, maintain and operate such wires at its own expense, risk and responsibility, and in accordance with all legal requirements and good engineering practices and in such manner as not to impose any additional expense upon Grantee of its said poles and facilities. Any such wires of the City shall he subject to interference by the Grantee only when necessary in the maintenance, op- eration or repair of the Grantee's own fixtures, wires, facilities and appurtenances. SECTION 6.The Grantee shall at all times indemnify and hold the City, its officers, em- ployees and agents, harmless from any and all NEW BUSINESS? Don't wait for the next phone book, let us tell your customers you're here! Call 634-2123 and expenses or liability arising from or by mason of any negligent act or omission of the Grantee, its representatives or employees, in the construc- lion, operation or maintenance of any of the Grantee's electric utility property or facilities. SECTION 7. Upon acceptance of this fran- chise by Grantee and before Grantee shall have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidencing General Liability Insurance which covers claims for Bodily Injury, Property Damage and Per- sonal Injury. Such insurance shall have minimum limits of $ 1,000,000 per occurrence. The City of McCall shall be named as an "Ad- ditional Named Insured" under Grantee's insurance policy. Should the minimum limits of insurance as set forth herein be increasod above $1,000,000, pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar legislation, the Grantee shall he required to provide the City with a new Certifi- cate of Insurance evidencing the higher limits upon the City's request. SECTION 8. The electric service to be furnished to the public hereunder, and all rates and charges therefor, and all regulation of the Grantee hereunder, shall at all times he subject to all rules, regulations and orders that may he lawfully proscribed by the Idaho Public Utili- ties Commission or by any other governmental authority now or bemafier having jurisdiction over such matters. During the term of this franchise, Grantee shall at all times assure that customers within the City have access to cus- tomer service from the Grantee as required by the Idaho Public Utilities Commission. SECTION 9. As compensation for the right, privilege and franchise hereby granted, Grantee agrees to pay to the City on or before the 30th · day of January, April, July and October, an amount equivalent Io one percent (1%) of Grantee's "gross revenues" for the preceding calendar quarter. For purposas of this Section, "gross revenues" shall mean the amount of money billed by the Grantee for Ihe electricity it sells within the corporate limits of Ihe City to customers, less uncolleotibles. The City shall provide appropriate information to the Grantee to allow the Grantee to identify which of its customers are located within the corporate lim- its of the City for purposes of paying franchise fees. Grantee shall not be responsible for any failure to pay franchise fees which results from deficiencies in such information provided by the City. In tile event the City annexes a new area into its corporate limits, the terms of this Section 9 regarding franchise fees shall not apply to the annexed area until sixty (60) days after the City has supplied the Grantee with appropriate information for Ihe identification of the Grantee's customers within the annexed area. The Grantee's franchise fee payment obli- gations hereunder shall commence with the start of the Grantee's first full billing cycle followihg the effective date of this ordinance; provided, that the Grantee must first receive approval from the Idaho Public Utilities Com- mission for the collection of the franchise fee in the rates charged by Grantee. SECTION 10. The City shall have the right during the term of this franchise agreement to increase the franchise fee hereunder up to three percent (3%), by obtaining approval ora major- ity of voters of the City voting on lbo question at an election held in accordance with chapter4, title 50, Idaho Code. Any such vote to increase the franchise fee hereunder shall provide that the increased franchise fee will apply to any electric service provider (other than the City) who utilizes the City's streets, alleys or other public places to provide electrical service within the City, during the term of this franchise agree- ment. SECTION 1 l.The Grantee shall keep accu- rate books of account for Ihe collection of the franchise fees hereunder and the City shall have the right to inspect the same at all times during business hours, and from time to time audit the same for the purpose of determining gross rev- enues under Section 9 above. SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as payment for any tax or fee imposed by the City on the Grantee by virtue of its status as a public utility including, but not limited to, taxes, fees or charges related to easements, franchises, rights-of-way, utility lines and equipment in- stallation, maintenance and removal during the term of this franchise agreement, SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able to grant the same, in accordance with National Arborist Association standards, of the pruning of all trees which overhang the present and future streets, alleys, highways and other public places within the corporate limits of the City, in such a man ncr and to such extent as will prevent the blanches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment. How- ever, except in an emergency, no pruning shall APPROVED by the Mayor this I I th day of September, 1997. William Killen, Mayor. ATTEST: C.W. Woodbury, Acting City Clerk ACCEPTANCE IDAHO POWER COMPANY, as the fran- chisee, accepts the franchise set forth in the above Ordinance and agrees to abide by the terms and conditions thereo£ D.H. Jackson, Vice President, Corporate Affairs. It 10/9 ELECTION NOTICES These inform you of questions being put to the electorate and who qualifies to vote on the question. MCCALL FIRE PROTECTION DISTRICT ELECTION CANCELED As there was only one candidate for Com- missioner oftbe McCall Fire Protection District, subdistrict number I and 2, the election to fill these positions have been canceled. Donald M. Clark was the only person In file for the position of Commissioner for sub, dis- trict one. Marvin R. Heikkila was the only person to file for the position of Commissioner of subdis- triot two. Cancellation of the election under such circumstances is permitted under Section 34- 1407, Idaho Code. The election was to have been held Novem- ber4, 1997. ItlO/9 MEETING NOTICES These notices inform you of special meetings of governing bodies and the topics to be discussed in case you wish to attend. NOTICE OF PUBLIC INFORMATION MEETING CONCERNING Project No. NH-F-3271 (026), Key No. 0688 McCall Alternate Route Notice is bemby given that the Idaho Trans- portation Department (ITD) will hold a public information Meeting at the Shore Lodge in McCall, between I 1 a.m. and 7 p.m.. Wednes- day, October 15, 1997. The meeting will be similar to an open house with the public invited to attend any time during those hours. The purpose of this meeting is to provide information to the public about department projects recently completed or currently under construction in the McCall area. This meeting will also include details about the department's plans to proceed with the protective buying of right-of-way for the proposed McCall Alter- nate Route project. Protective buying is a process used to keep the highway location options open. The protective buying will be carried out in accordance the Uniform Act and Title VI of the Civil Rights Act of 1964. The proposed protective buying will not bias the selection of a preferred construction alternative. Purchase of the property is expected to begin by the end of 1997. The purpose of this notice is to inform the public that ITD has selected a preferred location and is proceeding with design and right-of-way purchase. High- way plans illustrating the proposed alignment am available for inspection al the lTD l)istrict 3 office at 8150 Chinden Blvd. in Boise and at City Hall in McCall. Construction oDhe project has not been scheduled. The IdahoTransportalion Department com- plies with Title VI of the Civil Rights Act of 1964, which slates, "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." When REAL ESTATE requested, lTD will arrange to reasonab] commodate, within the limitations o facilities available, those disabled person: want to attend this public information me~ including those with impaired vision or lng. Please direct requests to Julie Pipel, F Involvement Coordinator, at (208) 334-, 2t 10/9 PUBLIC NOTICE NOTICE [S HEREBY GIVEN thc McCall Memorial Hospital District will an open community meeting on Thur October 16, 1997 from 7:00 - 9:00 p.m. Payette Lakes Middle School multi pu room. Residents from the hospital service including Riggins, New Meadows, Mc Donnelly, Council and Cascade are invll attend. The purpose of the meeting is tc public comment from community met regarding a two year hospital Action 3ti0/16 FINANCIAL NOTICE These notices inform you of financial mt in which you may have an interest. NOTICE TO CREDITORS PROBATE N. SP-97-208C ESTATE OF ROY L. HARNDEN DECEASED Notice is hereby given that the undersi has been appointed Personal Repmsenlati the above-named estate. All persons h: claims against the said deceased or his i are required to present their claims withit months after the date of first publications ¢ notice, or said claims will be forever b: Claims must either be presented to the Per Representative of the Estate at Ihe law off Louie Gorrono, 105 N. Itayes, P.O.. Box Emmett, Idaho, or filed with the Clerk ( Magistrate's Court, Valley County. Idah Dated September 9. 1997. Elana M. Harnden Personal Representative L, Gorrono, Atlorncy at Law, P.O. 637. 105 N. Hayes, Emmett, ID 83617 3 MISC. STATEMENT OF NONDISCRIMIi' TION Midvale Telephone Exchange. Inc. i recipient of federal financial assistance the Rural Utilities Services, an agency U.S. Deparlment of Agricu]lure, and is Io the provisions of Title VI of the Civil R Act of 1964, as amended, section 504 Rehabilitation Act of 1973, as amender Age Discrimination Act of 1975, a~ ame~ and tile rnles and regulations of the U.S partment of Agricullure which provide ti' person in the United States on the basis of color, national origin, age, or handicap sh excluded from participation in, admissi, access to, denied the benefits of. or othe be sufjected lo discrimination under ally C organization's programs or activities. The person responsible for coordin this organization's nondiscrimination co ance efforts is Lane R. Williams. presider general manager. Any individual, or class of individuals, who feels that this or zation has subjected them to dJscfimln may obtain further information about the utes and regulations listed ahove front a file a writlcn complaint with this organiz: or the Secretary, U.S. Department of Ag~ lure, Washington, D.C. 20259; Administralor, Rural Utilities Services, ington, D,C. 20250. Complaints must be within Ig0 days after the alleged discril tion. Confidentiality will be maimained t extent possible, tt 10/9 REAL ESTATE s Lynn McDonald (208) 382-4348 PAYETFE LAKE- 100 ft'. frontage, 4 bdrro., 4 bath, on East side..65 acre. Great vie', mature pines & woods, verypfivate. $675,000 #491 lUST LISTED - Familysizedlog home on 2+/- acres. 6 bdrm., 3 bath full si~ basement, 3 car garage. New carpet allowance. Barn, convenient wood ed private ], close to McCall. $269,0~0 #0548 LOG HOME- On 10 beautiful acres, 3 bdrm., 2 bath, vaulted ceiling in living root Barn, garage & hot tub. $279,~G Reduced to $263,000, owner financing. #316 GREAT HOME - Convenient in-town location, 2,500 sq. ft., 4 bdrm., 3 bath, dI garage, enclosed hot tub, excellent condition. Great family home. Priced belo' market value. $129,500 #539 RIVER EDGE CONDO - Lower unit, close t~, Shore Lodge & lake. Ideal weeken retreat. Motivated to sell. $37,5~, Reduced to $35,000. #499 t DAHO 1 },"AT; SECTION I.The City of McCall, Idaho (hereinafter called the "City") hereby grants to 1DAHO POWER COMPANY, a corporation, aa~l to its successors and assigns (hereinafter called the "Grantee") the right, (subject to thc rights of the City set forth in Section 14 hereof), privilege and franchise for a period of twenty (20) years from and after September I I, 1997, however, with the right to amend by mutual agreement in accordance with Section 15, to construct, maintain and operate in and upon thc present and future streets, alleys, highways and other public places within the corporate limits of thc City, electric utility property and facili- Regulations of the Idaho Public Utilities Com- mission. The City shall string, maintain and operate such wires at its own expense, risk and responsibility, and in accordance with all legal requirements and good engineering practices and in such manner as not to impose any additional expense upon Grantee of its said poles and facilities. Any such wires of the City shall be subject to interference by the Grantee only when necessary in the maintenance, op- eration or repair of the Grantee's own fixtures, wires, facilities and appurtenances. SECTION &The Grantee shall at all times indemnify and hold the City, its officers, em- ployees and agents, harmless from any and all ICE DIRECTORY NEW BUSINESS? Don't wait for the next phone hook, let us tell your customers you're here! Call 634-2123 and place your ad today. 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Free Estimates 50 Years Experience 1-800-922-2464 email drillh2o @ camasnet.com HOYT'S PIANOS Tuning, Repair, Restoration Grands · Uprights · Players 19 years experience (208) 983-9196 Grangeville _.~CdoU~SMcCall ~to~m Home ;~ Log Homes - post & Beam Timber Frame Homes Architectural Designing Custom Kitchens Custom Furniture - Rustic & Mission Tmditional Jim & Jeff Hubbard, Tel./FAX 208-634-2374 Re. Box 4.123, McCall, Idaho 83638 Exclusive representatives for ~ Shop in the comfort of your home , forcustornhomefashions, · Custom Window Treatments · Blinds, Shades & Verticals · Wallcoverings · Cmpet, Area Rugs & Vinyl · Furniture & More · Complimentary Consultation · Residenlial & Commercial busil/css hours, a~ld tram time to time audit thc same for the purpose of deter~nining gross rev- enues under Section 9 above. SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as payment for any tax or fee imposed by the City on the Grantee by virtue of its status as a public utility including, but not limited to, taxes, fees or charges related to easements, franchises, rights-of-way, utility lines and equipment in- stallation, maintenance and removal during the term of this franchise agreement. SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able to grant the same, in accordance with National Arborist Association standards, of the pruning of all trees which overhang the present and future streets, alleys, highways and other public places within the corporate limits of the City, in such a manner and to such extent as will prevent the branches or limbs or other pans of such trees from touching or interfering with its wires, poles and other fixtures and equipment. How- ever, except in an emergency, no pruning shall be undertaken without giving the occupant of the adjacent property written or oral notice that such pruning will be performed. SECTION 14. In consideration of Grantee's undertaking hereunder as evidenced by its ac- ceptance hereof, the City agrees not to engage i n the business of providing electric service during the life of this franchise orany extension thereof in competition with the Grantee. its successors and assigns; but nothing berein contained shall be con. s?ued or dee?ed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of the State ofldaho. The City shall not grant a franchise to another electric service provider during the term of this franchise agreement unless the electric service provider has received approval to pro- vide electrical service within the Cit~' from the Idaho Public Utilities Commission, and the City has imposed the same franchise fee on the electric service provider as paid by the Grantee. SECTION 15. In the event of an amend- ment to the laws, rules or regulations oftbe City of McCall, the State of Idaho or the Public Utilities Commission of Idaho applicable to this franchise, or for periodic review of any section of this agreement, the terms of this franchise and the rights and privileges hereby conferred may be changed, altered, amended or modified upon mutual agreement between the City and the Grantee. In all cases, 60 days notice shall bo required on the pan of City or Grantee to reopen the agreement pursuant t0 this section. SECTION 16. Any violation bytbeGrantee of the provisions of this ordinance, franchise and grant or any material portions thereof or the failure promptly to perform any of the provi- sions thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the City after sixty (60) days' written notice to the Grantee and the continuance of such violation, failure or default; however, this pro- vision shall not prevent the Grantee from submitting such question of violation or forfei- turetothe appropriate forum(which may include the districtcourt having jurisdiction orthe Idaho Public Utilities Commission) for determina- tion. SECTION 17. Sale, assignment or lease of this franchise is prohibited without notification to the City. SECTION 18. The Grantee shall assume the cost of publication of this franchise as such publication is required by law. SECTION 19. The Grantee shall within thirty (30) days after final passage of this ordi- nance, file With the City Clerk its acceptance of this franchise in writing signed by its proper officers and attested by its corporate seal. SECTION 20. Inasmuch as the Grantee has constructed and now is maintaining and operat- ing the electric utility properly and facilities in and upon the streets, alleys, highways, and public places in the City, it is hereby adjudged and declared that this ordinance is necessary for the preservation of the public peace, health and safety, and therefore this ordinance shall take effect on September 1, 1997. PASSED AND ADOPTED by the Council of the City of McCall thisl Ith day of Septem- ber, 1997. discrimination under any program or activity tiaa. ConlidentiMity will he malmainc receiving federal financial assistauce." When extent possible. It [0/0 REAL ESTATE REAL ESTATE Lynn McDonald (208) 382-434i PAYETrE LAKE- 100 ft. frontage, 4 bdrm. 4 bath, on East side..65 acre Great v mature pines & woods, very pnvate. $675,000 #491 lUST LISTED - Familysized log home on 2+/- acres. 6 bdrm., 3 bath, full basement, 3car garage_ . New carpet allowance_ . Barn , cnnvenient wooded p r ivat close to McCall. $269,000 #0548 LOG HOM_.~ - On 10 beautiful acres, 3 bdrm., 2 bath, vaulted ceiling in living rc Barn, garage & hot tub. $279,,~0 Reduced to $263,000, owner fioancing. #316 GREAT HOME - Convenient in-town location, 2,500 sq. ft. 4 bdrm., 3 bath, garage, enclosed hot tub, excellent condition. Great faro ly home. Priced be market value. $1.29,500 #539 RIVER EDGE CONDQ - Lower unit, cluse to Shore Lodge & lake. Ideal week retreat. Motivated to sell. $3%500 Reduced to $35,000. #499 PAYETrE RIVER VIEW- Privacy, wooded,great building site on this 15 acres c to McCall, Williams Creek rum through property. $90 000 owner will fina ~c~ COHO ESTATE - Creek view lots, wooded yet sunny, CC &Rs. 2.29 a cms a t $33 & 2.25 acres at $42,500. OWC 15% down, 10% int. for 10 years. 0962 #961 500 W. Lake Street, Multiple · Listing Chisholm Realty McCall, Id Service PROPERI'y PROSPEC The Star-News classified section is your largest and best soume of local real estate information. Subscribe today to The Star-News! THREE MONTHS Out of area but in state ......... $10.~ Out of State .......................... $13.0 SIX MONTHS Out of area but in state ......... $18.01 Out of state .......................... $22.0t ONE YEAR Out of area but in state ......... $31.0( Out of state .......................... $37.01 Name: Address: City: State: Zip E! Three months ~} Six months El One year Send with payment to The Star-News, Box 985,~.~ _ McCall, Idaho 83638. Visa / Mastercard/Discover gladly accepted. Call (208) 634-2'123