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HomeMy Public PortalAboutLettersIDAHO POWER COMPANY P.O. BOX 70 BOISE, IDAHO 83707 Richard L. Hahn , Relicensing Public Relations Manager September 18, 1997 Mr. Jim Henderson Acting City Manager City of McCall Box 986 McCall, Idaho 83638 Dear Mr. Henderson: I am writing in response to your recent telephone conversation with Sharon Wood regarding the franchise agreement between the City of McCall (City) and Idaho Power Company (company). As you know, our company representative Kelly Edwards, who worked with Gary Shimun on the franchise agreement, has recently taken ill. In that regard, Sharon has asked me to work with you in Kelly's absence on the franchise agreement. Per your request, attached are two original copies of the franchise agreement that was recently adopted by the City. This franchise agreement is identical to the agreement that the City considered through the ordinance process, and that was published in the September 4 edition of the Star News, with one exception. The change is on the last page. Specifically, D. H. Jackson's title is now Vice President - Corporate Affairs. Please have the Mayor and City Clerk execute both originals. Record the date of adoption in the space provided and record the same date in Section 1. Return both original copies to me for company acceptance and to begin the implementation process. One original will be returned to the City Clerk with our formal acceptance letter. In the interim, the franchise agreement should be published within one month after adoption, in accordance with the attached procedures. I appreciate your assistance with the franchise agreement. If you have any questions, please call me. Attachment Sincerely, Telephone (208) 388-2513, Fax (208) 388-6911 e-mail rlh2513~idahopower, corn IDAHO POWER COMPANY P.O. BOX 70 BOISE, IDAHO 83707 Richard L. Hahn Relicensing Public Relations Manager September 22, 1997 Mr. Jim Henderson Acting City Manager City of McCall Box 986 McCall, Idaho 83638 Dear Mr. Henderson: I am writing as a follow-up to my September 18 letter to you regarding the McCall Franchise Agreement. As you know, a Memorandum of Understanding (MOU) between the Ci, ty and company regarding the installation of underground power lines in the public rights-of-way was being considered concurrently with the franchise agreement. Per your request, attached are two original copies of the MOU. This MOU is identical to the MOU that was considered by the City, with one exception. The change is on page one, where the space for the date was changed to allow for writing in the month and day. Please have the Mayor execute both originals and return them to me for company acceptance. I will return one original to you after company acceptance. Again, I appreciate your assistance with the franchise agreement and the MOU. If you have any questions, please call me. Attachment Sincerely, Telephone (208) 388-2513, Fax (208) 388-6911 e-mail rlh2513~idahopower, corn Subject: Procedural Requirements for Passing Franchise Ordinances To: City Officials From: Rich Hahn As the company has been renewing its expired franchise agreements, questions have been raised by City officials regarding the procedural requirements for passing franchise ordinances. The Idaho Code sets out special rules for passing franchise ordinances, and we need to make sure these rules are followed when company franchise ordinances are adopted by the City. The following is a brief discussion of the issue. There are three primary sections in the Idaho Code that apply to the passage of franchise ordinances: Sections 50-329, 50-901 and 50-902. Section 50-902 is a general section that applies to all municipal ordinances. This section states in part: Ordinances shall be read on three (3) different days, two (2) readings of which may be by title only, and one (1) reading of which shall be in full, unless one-half (~A) plus one (1) of the members of the full council shall dispense with the rule. Apparently, many Idaho cities interpret this section to require only one City Council meeting to pass an ordinance. However, even if only one City Council meeting is required for general ordinances under the language of Section 50-902 above, Section 50-329 requires at least two City Council meetings for franchise ordinances. Section 50-329 provides in part: No ordinance granting a franchise in any City shall be passed on the day of its introduction, nor for thirty (30) days thereatter, nor until such ordinance shall have been published in at least one (1) issue of the official newspaper of the City; Under this language, the City would introduce the franchise ordinance at a City Council meeting, and then pass the ordinance at a separate meeting thirty days or more at%r the introduction. The ordinance would also have to be published by the City before it is passed. Once a City ordinance has been passed, Section 50-901 requires that all ordinances "shall, before they take effect and within one (1) month after they are passed be published...". Accordingly, the City's franchise ordinance would not go into effect until it is published, which must occur within one month after passage. The above guidelines indicate the following sequence of events for passing and implementing franchise ordinances in Idaho. The following is a summary of these guidelines: · The City introduces the franchise ordinance and has the first reading thereof. · The City publishes the proposed franchise ordinance before adoption (lst publishing). · The City adopts the franchise ordinance not less than 30 days after it was introduced. · Idaho Power accepts the franchise ordinance. · The City publishes the adopted franchise ordinance within one month after it was passed (2nd publishing). McCALL ~ CITY CLERK October 1, 1997 Richard Hahn Idaho Power PO Box 70 Boise, Idaho 83707 RE: Franchise Agreement Please find the signed agreement that is now ready for final acceptance by Idaho Power. Both copies are being returned for Idaho Power signatures. As stated in your September letter, one original will be returned to the city of McCall with a formal acceptance letter. Also included are the two originals of the Memorandum Of Understanding. The council acceptance date of September 1 lth is noted on the first page. The processing of documents is new to me as I have taken on the responsibilities of Acting City Clerk Thus, I am not sure if that is the date needed which you mentioned in your MOU letter. Thank you for your assistance on completing this matter. Sincerely, Cherry Woodbury Acting City Clerk 216 East Park Street · P.O. Box 1065 · McCall, Idaho 83638 · (208) 634-7142 · FAX (208) 634-3038