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