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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634-7665
a Stump Ramoval
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· Removal · Backhoe Work
· Slash Removal * Right-of-Way Work
· Stump Grinding
Dan Lisowy 347-2180
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PRODUCTIONS
HOME & BUSINESS
WEB PAGES!
INTERNET ADVERTISING !
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CALL NOW! (208) 634-4550
WWW. DARK-SON.COM
Your Local Log Furniture
Manufacturer.
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morel
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save. Free detlo~rll tn ,I~ I]
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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
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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
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