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HomeMy Public PortalAboutIdaho Pwr Franchise w/McCall...POWER IDAHO POWER COMPANY P.O. BOX 70 BOISE, IDAHO 83707 November 2, 1994 Gary P. Shimun City Manager City of McCall 216 East Park Street P.O. Box 1065 McCall, ID STAN CRAVEN District Manager Re: Idaho Power Franchise Agreement with City of McCall Dear Mr. Shimun: Idaho Power has reviewed the proposed franchise agreement forwarded by the City of McCall. Idaho Power would prefer to follow its standard one -page franchise agreement for Idaho cities, which clearly and concisely covers the important elements of a franchise. Nonetheless, we believe that an agreement can be reached based on your proposed franchise form, with several modifications. The city of McCall's proposed franchise agreement appears to be based on Idaho Power's existing franchise agreement with the city of Ontario, Oregon, with a number of revisions added by McCall. In this regard, it is important to note that the Ontario ordinance represents a fmalized agreement negotiated by Ontario and the Company, after give and take from both sides. Considering this fact, Idaho power is reluctant to agree to additional concessions in the franchise agreement, which is evenly balanced to begin with. It should be also noted that, with respect to franchise fees, the Ontario ordinance was executed under Oregon's statutes and regulations, which expressly authorize Oregon cities to impose franchise fees upon electric utilities (see Oregon Revised Statutes §§ 221.410 - 221.470 and Oregon Administrative Rules § 860-22-040). With this in mind, the Company has the following comments on the McCall franchise agreement: Section 1: The McCall franchise ordinance states a term of ten years. The Ontario ordinance states a term of 20 years, which is the maximum franchise term in Oregon. The Company's franchise agreements in Idaho follow a standard 50-year term, which is the maximum term for new franchises in Idaho. Idaho Power would recommend a 20 to 50 year franchise term for the McCall ordinance. Telephone (208) 324-2993, Fax (208) 324-1224 N Sections 2. 3 & 4: These sections all include new language regarding the city's regulation of Idaho Power's facilities and operations. Idaho Power is concerned that this expanded language could infringe upon the existing authority of the Idaho Public Utilities Commission over the Company's operations. (Section 7 of the franchise agreement does acknowledge the authority of the Idaho Commission, but it refers only to Idaho Power's electric service and the rates and charges therefor. This does not cover the full extent of Idaho Power's operations that may be subject to the jurisdiction of the Idaho Commission.) To avoid a conflict with the Idaho Commission's authority, Idaho Power requests that McCall remove its new language in Sections 2, 3, & 4, as highlighted on the enclosed pages. This would leave the original language of the Ontario agreement, which provides appropriate guidelines for city regulation of Idaho Power facilities. Section 6: Idaho Power wishes to delete the city's new indemnification language and retain the standard liability provision set forth in the Ontario franchise agreement. That provision reads: The Grantee shall at all times indemnify and hold the City, its officers, employees and agents, harmless from any and all expense or liability arising from or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the construction, operation or maintenance of any of the Grantee's electric utility property or facilities. Sections 9. 10. 11 & 12: Idaho Power wishes to delete these sections regarding franchise fees. Idaho Power does not pay franchise fees to cities in Idaho as proposed in the McCall ordinance. This is based on Idaho Power's position that Idaho cities do not have the right to unilaterally impose franchise fees on electric utilities such as Idaho Power. Idaho Power would accept a franchise fee which is approved by a vote of the citizens of the city, since the citizens would be responsible for paying the franchise fee as a separately itemized surcharge on their electricity bills. Section 15: Idaho Power is willing to accept McCall's additional wording in this section. However, we would like to add clarifying language to the final sentence, so it would read "In all cases, 60 days' notice shall be required on the part of City or Grantee to reopen the agreement under this Section." Section 16: Idaho Power wishes to delete this new section regarding termination of the franchise agreement. Idaho Power believes that the city has sufficient authority to require Company compliance under the terms of the Ontario franchise agreement without resorting to the extreme remedy of termination. Section 17: Idaho Power wishes to delete this new section which would require the formal consent of the city for any sale, assignment or lease of the franchise agreement. Such a consent requirement could create a substantial burden on the Company if required for a corporate restructuring, merger, etc. (For instance, city approval would have been required for -2- i Idaho Power's transfer of its state of incorporation from Maine to Idaho in 1989, under the language of Section 13). Your October 13, 1994 letter also addresses the removal of existing above ground distribution lines and the discontinuance of placing new distribution lines above ground. Idaho Power's policy is to relocate existing overhead facilities underground at the expense of the requesting party. Similarly, with respect to locating new facilities underground, Idaho Power requires that the requesting party pay the differential in cost between the underground facilities and Idaho Power's standard overhead facilities. Accordingly, if the city of McCall were to request that Idaho Power bury new facilities or existing overhead facilities, the city would be required to pay the related costs in advance. (This would be different from a city zoning ordinance requiring that distribution facilities be placed underground by developers, in which case the developer would pay the additional costs of underground facilities). Idaho Power's policy for underground facilities has been applied elsewhere in its service territory and was previously approved by the Idaho Public Utilities Commission in a case involving the city of Ketchum. SC:mmb Please call me at (208) 324-2993 if you would like to discuss this matter further. Sincerely, Stan Craven -3- ORDINANCE NO. "AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328 AND 50-329 GRANTING A NONEXCLUSIVE FRANCHISE TO IDAHO POWER COMPANY, A CORPORATION AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF NjCCAT,j, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF TWENTY YEARS; SUBJECTING SUCH ELECTRIC SERVICE TO REGULATION BY PUBLIC AUTHORITY; PROVIDING FOR PAYMENT TO THE CITY OF COMPENSATION FOR THE EXERCISE OF SAID FRANCHISE; AND SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCCALL , IDAHO, THAT: SECTION i. 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, privilege and franchise for a period of ten (10) years from and after January 1. 1999 , 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 future streets, alleys, highways and other public places within the corporate limits of the City, electric utility property and facilities for supplying electricity to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City, 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 agreement, upon effective date of the annexation. All such electric utility property and facilities now maintained by the Grantee within the corporate limits of the City shall be deemed covered by this ordinance. ,SECTION 2. All of the Grantee's electric property and facilities 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 governmental regulations, including all construction standards presently in effect in the City of McCall or adopted by the City during the ten (10) year term granted herein. The City shall have authority at all times, in furtherance of the safety, convenience and welfare of the public, to control by appropriate regulations the location, elevation and manner of construction and maintenance of the Grantee's electric property and facilities on*the City streets, alleys, highways and public places, subject to the provisions of 1 any state or federal law applicable thereto, and the Grantee shall at all times conform with all such regulations. SECTION 3. Upon request of the City the grantee shall move their facilities as necessary within the right of way. This cost will be the responsibility of the grantee. SECTION 4. It shall be lawful for the Grantee to make all needful or convenient excavations in any of the streets, alleys, boulevards and thoroughfares of the City for the purpose of erecting and maintaining the posts, poles, tower, or other supports for its wires or for the purpose of laying, maintaining and operating wires and other conductors underground for the purpose aforesaid, or to repair and improve such electric power and light system and to extend the same as the growth of said City or the needs of the inhabitants thereof may require; provided that when the Grantee, or any person or corporation under the authority of this franchise, shall disturb any of said streets, alleys, avenues, boulevards, thoroughfares or public places for the purposes aforesaid, he, it or they shall comply with the existing and future ordinances of the City applicable thereto, and shall restore the same to good order and condition as soon as practicable and without unnecessary delay and failing to do so after five days' notice from the City, or its duly authorized officer or officers, then the City may place said street, alley, avenue, boulevard, thoroughfare 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 maintained at such places and positions in or upon such public ways and public places as shall not interfere with the passage of traffic and the use of adjoining property, and shall conform to all applicable laws, rules and regulations. Grantee is required to apply for and receive all permits as may be required by the City for work in the public way. SECTION 5. The City shall have the free right and privilege to string and maintain wires for its municipal police and fire alarm systems upon the poles and other facilities erected and maintained by the Grantee hereunder. 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, operation or repair of the Grantee's own fixtures, wires, facilities and appurtenances. SECTION 6. The Grantee shall at all t mes indemnify and hold the City, its officers, employees and ages, harmless from any and all claims, causes of action, expense or liability arising 2 out of, or in any way connected with the construction, operation or maintenance of any of the Grantee's electric utility property or facilities by Grantee and/or Grantee's agents, employees or representatives. Grantee shall provide an Idaho public liability insurance certificate protecting the City under the Idaho tort claims statute. SECTION 7. The electric service to be furnished to the public hereunder, and all rates and charges therefor, and all regulation of the Grantee applicable thereto, shall at all times be subject to all rules, regulation and orders that may be lawfully prescribed by the Public utility Commission of the State of Idaho or by any other governmental authority now or hereafter having jurisdiction over such matters. During the term of this franchise, the Grantee shall continuously maintain facilities in the City for convenience to its customers for the payment of bills for electric service during the usual office hours. SECTION 8. When necessary, in order to permit any duly authorized person to move any building or other structure across or along any street, alley, avenue, boulevard, or public place within the City, the Grantee shall temporarily raise or remove its wires, fixtures and appurtenances upon such street, alley, avenue, boulevard, thoroughfare or public place, upon seventy-two hours written notice in advance from such person, such notice to bear the approval of such official as the City may designate, at such time and in such manner as may be necessary reasonably to accommodate such moving, consistently with the maintenance of proper service to the Grantee's customers; provided, however, that the cost to the Grantee of such temporary raising or removal, and of any interruption of the Grantee's service to its customers caused thereby, shall first be paid or satisfactorily secured to the Grantee by the owner or mover of such building or other structure. SECTION 9. As compensation for the right, privilege and franchise hereby granted, the Grantee shall pay to the City on or before the 15th day of each January, April, July and October following adoption of this ordinance an amount equivalent to throe percent (3%) of the Grantee's "Gross Revenues" for the preceding quarter. The term "Gross Revenues" as used herein shall mean and be construed to be the amount of money actually collected from all sources by the Grantee during the preceding quarter within the corporate limits of the City. All sums which become delinquent shall accumulate interest at the statutory rate provided in Idaho Code Title 28, Chapter 22, Section 104(1). The accrual of interest is not intended to waive or in any manner restrict City's ability to elect any procedure or method of collection permissible by law to enforce all the terms and conditions of this ordinance or the franchise agreement. In addition, where the Vity determines by audit, financial statement or other method, that grantee has underpaid franchise fees and where payment was not received by the City within the quarter awed, the grantee may be required to pay 3 all fees and interest due and an additional penalty of 25% of the total amount owed. Such franchise fee aay be listed as a separate item on the customer's utility bill. SECTION 14. City agrees to follow the notice requirements of 63-2224A prior to the approval and commencement of this franchise agreement. SECTION 11. The Grantee shall keep accurate books of account 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 such "Gross Revenues." Such franchise compensation payments will be accepted by the City in lieu of and as payment for any license, privilege or occupation tax or fee for revenue or regulation now or hereafter to be imposed by the City upon the Grantee during the term of this franchise; provided, however, that this section will not be interpreted or be construed as in any canner exempting the Grantee from paying the usual and normal real and personal property taxes to any and all taxing bodies within the boundaries of which the Grantee functions, operates and owns property, and during the term hereof the City will not require the Grantee to pay to the City any additional license, privilege or occupation tax or fee. The City aay require an auditor's negative assurance statement from Grantee. SECTION 12. In the event that a franchise fee paid by another of the City's franchise grantees exceeds the amount paid by Grantee herein, the franchise fee addressed in this Agreement aay be raised to that level at the discretion of the City. 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 trimming of all trees which overnang the streets or public places in such a canner and to such extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment; providing, however, that no such trees will be trimmed or cut back farther than aay be necessary to prevent such interference ad to allow the proper operation and maintenance of said line poles and fixtures. However, except in an emergency, no trimming shall be undertaken without giving the adjacent property owner notice that such trimming will be performed. SECTION 14. The Grantee shall aaintain and operate a system for the distribution of electricity in 'the City so as to furnish what shall be known as a twenty-four hour service, but the Grantee does not guarantee continuous and uninterrupted service 4 under the terms hereof and under no circumstances shall the Grantee be held liable to or responsible by the City on account of interruption or failure of service caused by storms, washouts, accidents, floods, acts of God or the public enemy, war, strikes, damages by the elements or damage to plant or equipment on account of any circumstances beyond the control of the Grantee. However, the Grantee does agree to use due diligence to maintain continuous and uninterrupted service. SECTION 15. In the event of an amendment to the laws, rules or regulations of the City of McCall , the State of Idaho or the Public Utility 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 be required on the part of City or Grantee to reopen the agreement. SECTION 16. If a grantee willfully violates or fails to comply with any of the provisions of this franchise, the City shall give written notice to the grantee of the alleged non-compliance of it's franchise. The grantee shall have forty-five (45) days from the date of notice of non-compliance to cure such alleged default or, if such default cannot be cured in forty-five (45) days, to present to the City a plan of action whereby such default can be promptly cured. If such default continues beyond the applicable dates agreed to for such cure, the City shall give the grantee written notice that all rights conferred under this Ordinance and its franchise may be revoked or terminated by the Council after a public hearing. The grantee shall be entitled to not less than thirty (30) days prior notice of the date, time and place of the public hearing. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the district court having jurisdiction compelling grantee to comply with the provisions of the franchise and recover damages and costs incurred by the City by reason of the grantee's failure to comply. SECTION 17. Sale, assignment or lease of this franchise is prohibited without the express written consent of the City. SECTION 18. Inasmuch as the Grantee has constructed and now is maintaining and operating electric utility property and facilities in and upon the streets, alleys, avenues, highways, boulevards, thoroughfares and public places in the City under a franchise which will expire on July 1. 1994 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 January 1, 1995. 5 IDAHO POWER COMPANY I.P.U.C.'NO. 25. TARIFF NO. 101 a VIII. REFUNDS (Continued) C. SCHEDULE NO. 71 OVERHEAD AND UNDERGROUND DISTRIBUTION LINE EXTENSIONS (cont) T"TRD REVISE") l CANCELS SECOND REVISED SHEET NO. 27E IDAHO PUBLIC UTILITIES COMM!SSION APPROVED EFFECTIVE JUN 14 '91 JUL 1- '91 \.44,. a-N• SECRETARY 4. If the Extension Allowance of an Additional Applicant covers all applicable payments and still has a remaining balance, that surplus ders on a Load will be refunded among Vested is exhaustedrortallolVested Interests ared fully basis until the surplus refunded. 5. Vested Interest refund payments may be waived by notifying the Company in writing. Refund Limitations 1. Refunds will only be made for connections during the first five years following the completion date of the Line Extension or Upgrade construction. 2. Refunds will not exceed 100 percent of the refundable portion of any party's cash payment to the Company. IX. LOCAL IMPROVEMENT DISTRICTS Unless specifically provided for unerthis pmf,thisLocal tariffImprovement District will be provided service under thegeneralt rs Tieztompeny.will>provide a cost estimate_ and feasibilitystudy for. a.Local Improvement.Dittrict" .within 120 days after; receiving theresolution from -'the re uesting overning body. The cost estimate will be based on Work Order Costs and will not be considered binding on the Company if construction is not commenced within six months of the submission of the estimate for reasons not within the control of the Company. The :'governing �=body=r; ssuing -the resolution, kliliti .rfthe Company for : the costs_ .pr,eparing the cost =, estimate valid. f..e sibi ity. irdy, regardless of whether th.,;>ofe Line -Extension:,or ..the Conversion:actuali,y t kes laacet After passage of the Local Improvement District ordinance, the Company will construct the Line Extension or Conversion. Upon completion of the project the Company will submit a bill to the Local Improvement District for the actual cost of the work performed, including the costs of preparing the cost estimate and feasibility study. If the` -actual cost is less than the estimated=,cost y..the A.ocal Improvement District will, pay, the . actual cost: If -:the ,actual accost .exceeds ::.the estimated; cost, ,the -Local Improvement. District ..will..pay..only the:estimated-.cost. The governing body will pay the Company within 30 days after the bill has been submitted. A Local Improvement District will be eligible for an Extension Allowance for any new load connecting for service upon the completion of the Line Extension. A Local Improvement District will retain a Vested Interest in any Line Extension to the Local Improvement District. A Local Improvement District may waive payments for Vested Interest from Additional Applicants within the Local Improvement District. 1AH0 Issued by IDAHO POWER COMPANY Issued - May 20, 1991 D. H. Jackson, Vice President, Distribution 1220 Idaho Street, Boise, Idaho Effective - July 1, 1991 Association of Idaho Cities 3314 Grace Street, Boise, Idaho 83703 Telephone (208) 344-8594 Fax (208) 344-8677 November 3, 1994 To: Cities Served by Idaho Power Fr: Scott McDonald Re: Update There are several attachments to which immediate attention should be paid. The first document is the minutes of our last meeting with Idaho Power. We left this meeting with the feeling that they would be willing to work with us on a compromise to an election. We also made several changes to our draft ordinance at their request, which is attached to the minutes. We have also sent the draft ordinance to Washington Water Power and Utah Power and Light for their comments. However, three days later, Idaho Power proceeded to hand out information on their own at a seminar attended by several cities. Please note my subsequent memo to the Board with supporting documentation. It is important that you review all of this information. We have identified thirteen cities so far whose franchises are either expired, or who currently do not have a franchise with Idaho Power. Several of those cities have tentatively agreed to look at the simultaneous passage of a franchise ordinance calling for franchise fees. Based upon Idaho Power's actions, it is our conclusion that the only way this will be settled is through the court process. Some City Council's have decided to go ahead for renewal without the franchise fee at this time. Please be aware that the City of Payette has language in their franchise, approved by Idaho Power that allows the imposition of franchise fees in the future (attached). If you are a city that is proceeding, we strongly urge you to get this language in your agreement so that you do not eliminate this option in the future. Finally, please note that if it is your intent to begin negotiations on a utility franchise, the Idaho Code 50-341 does require than franchises go through the formal bidding process. Please remember to do this prior to entering into any agreements. We will be providing further information as the thirteen cities develop a strategy on which to proceed. OFFICERS President Paul Agidius Mayor, Moscow First Vice President Winston Goering Mayor, Nampa Second Vice President Kirk Hansen Mayor, Soda Springs Third Vice President Brent Coles Mayor, Boise Legislative Chairperson Paula Forney Councilmember. Boise Immediate Past President Karen McGee Councilmember. Pocatello Executive Director Scott B. McDonald DIRECTORS James Hammond Mayor. Post Falls Susan Johnson Councilmember, Sandpoint Lovetta Eisele Councilmember, Lewiston Laura Booth Councilmember. Oroftno Tad Freeman House Mayor, Cascade Bart Westberg Councilmember. Weiser Max Yerrington Councilmember. Meridian Ted Ellis Mayor, Garden City Chuck Geska Councilmember. Buhl David Adair Mayor. Gooding Gregory Anderson Councilmember, Pocatello J. Walter Ross Mayor, Preston John Walker Mayor. Challis James Flamm Councilmember. Rexburg ACTIVE PAST PRESIDENTS Dixie Reid Councilmember, Coeur d'Alene Grant Kingsford Mayor. Meridian Harold Sims Mayor, Bonners Ferry John O. Cotant. Jr. Mayor. Chubhuck Tim Ridinger Mayor. Shoshone Printed on Recycled Paper Association of Idaho Cities 3314 Grace Street, Boise, Idaho 83703 Telephone (208) 344-8594 Fax (208) 344-8677 MINUTES Idaho Power Franchise Meeting October 19, 1994 The meeting was begun at 10 am at the Twin Falls City Hall. Cities represented included Hollister, Hagerman, Buhl, Boise, Pocatello, Hailey, Ketchum, and Mountain Home. The first part involved discussions on other information that the cities should have in making their decision to pursue a franchise fee with Idaho Power. This information includes: 1) What cities in Idaho have their own electric system and what revenues do they see from that operation. 2) What franchise fees do the other electrical utilities pay in Idaho 3) Comparison of rates (kilowatt hours) paid in idaho versus regionally After this and other information is compiled, it needs to be put in an information packet for the cities. During the second half of the meeting, representatives from Idaho Power were present. Rich Hahn and Pat Harrington were present. The conversation dealt with Idaho Power's position stating that an election of the people approving the franchise fee would be needed before they would agree. The general discussion centered on a non -binding survey of the citizen's that would be prepared by a third party. Information on the issue would be jointly prepared to be fair to both groups and public meetings would also be held. Idaho Power representatives requested that they get this proposal in writing including these points and that they would consider it. The group then discussed the other wording changes requested by Idaho Power in the document. A draft ordinance is attached reflecting these changes. The meeting was adjourned at 2:35 pm. a Printed on Recycled Paper V 10/25/94 ORDINANCE NO. "AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328 AND 50-329 GRANTING A NONEXCLUSIVE FRANCHISE TO IDAHO POWER COMPANY, A CORPORATION AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF TEN YEARS; SUBJECTING SUCH ELECTRIC SERVICE TO REGULATION BY PUBLIC AUTHORITY; PROVIDING FOR PAYMENT TO THE CITY OF COMPENSATION FOR THE EXERCISE OF SAID FRANCHISE; AND SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IDAHO, THAT: SECTION 1. The City of , 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, privilege and franchise for a period of ten (10) years from and after , 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 future streets, alleys, highways and other public places within the corporate limits of the City, electric utility property and facilities for supplying electricity to the City, and the inhabitants thereof, and to persons and corporations beyond the limits of the City, subject to all ordinances and regulations of the city and 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 agreement, upon effective date of the annexation. All such electric utility property and facilities now maintained by the Grantee within the corporate limits of the City shall be deemed covered by this ordinance. SECTION 2. A11 of the Grantee's electric property and facilities 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 governmental regulations, including all construction standards presently in effect in the City of or adopted by the City during the ten (10) year term granted herein. The City shall have authority at all times, in furtherance of the safety, convenience and welfare of the public, to control by appropriate regulations the location, 1 elevation and manner of construction, maintenance and operation of the Grantee's electric property and facilities on the City streets, alleys, highways and public places, subject to the provisions of any city ordinance, state or federal law applicable thereto, and the Grantee shall at all times conform with all such regulations. SECTION 3. Upon request of the City the grantee shall move their facilities as necessary within the right of way. This cost will be the responsibility of the grantee. SECTION 4. It shall be lawful for the Grantee to make all needful or convenient excavations and/or installations in any of the streets, alleys, boulevards and thoroughfares of the City for the purpose of erecting and maintaining the posts, poles, tower, or other supports for its wires or for the purpose of laying, maintaining and operating conduits, vaults and wires and other conductors underground for the purpose aforesaid, or to repair and improve such electric power and light system and to extend the same as the growth of said City or the needs of the inhabitants thereof may require; provided that when the Grantee, or any person or corporation under the authority of this franchise, shall disturb any of said streets, alleys, avenues, boulevards, thoroughfares or public places for the purposes aforesaid, he, it or they shall comply with the existing and future ordinances of the City applicable thereto, and shall restore the same to good order and condition as soon as practicable and without unnecessary delay and failing to do so after five days' notice from the City, or its duly authorized officer or officers, then the City may place said street, alley, avenue, boulevard, thoroughfare 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 maintained 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 regulations.` Grantee is required to apply for and receive all permits as may be required by the City for work in the public way. SECTION 5. The City shall have the free right and privilege to string and maintain wires for its municipal services upon the poles and other facilities erected and maintained by the Grantee hereunder. 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, operation or repair of the Grantee's own fixtures, wires, facilities and appurtenances. 2 SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers, employees and agents, harmless from any and all claims, causes of action, expense or liability arising out of, or in any way connected with the construction, operation or maintenance of any of the Grantee's electric utility property or facilities by Grantee and/or Grantee's agents, employees or representatives. Grantee shall provide an Idaho public liability insurance certificate protecting the City under the Idaho tort claims statute. SECTION 7. The electric service to be furnished to the public hereunder, and all rates and charges therefor, and all regulation of the Grantee applicable thereto, shall at all times be subject to all rules, regulation and orders that may be lawfully prescribed by the Public Utility Commission of the State of Idaho or by any other governmental authority now or hereafter having jurisdiction over such matters. During the term of this franchise, the Grantee shall continuously maintain facilities in the City for convenience to its customers for the payment of bills for electric service during the usual office hours. SECTION 8. When necessary, in order to permit any duly authorized person to move any building or other structure across or along any street, alley, avenue, boulevard, or public place within the City, the Grantee shall temporarily raise or remove its wires, fixtures and appurtenances upon such street, alley, avenue, boulevard, thoroughfare or public place, upon seventy-two hours written notice in advance from such person, such notice to bear the approval of such official as the City may designate, at such time and in such manner as may be necessary reasonably to accommodate such moving, consistently with the maintenance of proper service to the Grantee's customers; provided, however, that the cost to the Grantee of such temporary raising or removal, and of any interruption of the Grantee's service to its customers caused thereby, shall first be paid or satisfactorily secured to the Grantee by the owner or mover of such building or other structure. SECTION 9. As compensation for the right, privilege and franchise hereby granted, the Grantee shall pay to the City on or before the 15th day of each January, April, July and October following adoption of this ordinance an amount equivalent to three percent (3%) of the Grantee's "Gross Revenues" for the preceding quarter. The term "Gross Revenues" as used herein shall mean and be construed to be the amount of money actually collected by the grantee from it's customers for light, heat, power and electric energy consumed during the preceding quarter within the corporate limits of the City. All sums which become delinquent shall accumulate interest at the statutory rate provided in Idaho Code Title 28, Chapter 22, Section 104(1). The accrual of interest is not intended to waive or in any manner restrict City's ability to elect any procedure or method of collection permissible by law to enforce all the terms and conditions of this ordinance or the franchise agreement. In addition, where the City determines by audit, financial statement or other method, that grantee has underpaid franchise fees and where payment was not received by the City within the quarter owed, the grantee may be required to pay all fees and interest due and an additional penalty of 25% of the total amount owed. Such franchise fee may be listed as a separate item on the customer's utility bill. SECTION 10. City agrees to follow the notice requirements of 63-2224A prior to the approval and commencement of this franchise agreement. SECTION 11. The Grantee shall keep accurate books of account 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 such "Gross Revenues." Such franchise compensation payments will be accepted by the City in lieu of and as payment for any license, privilege or occupation tax or fee for revenue or regulation now or hereafter to be imposed by the City upon the Grantee during the term of this franchise; provided, however, that this section will not be interpreted or be construed as in any manner exempting the Grantee from paying the usual and normal real and personal property taxes to any and all taxing bodies within the boundaries of which the Grantee functions, operates and owns property, and during the term hereof the City will not require the Grantee to pay to the City any additional license, privilege or occupation tax or fee. The City may require an auditor's negative assurance statement from Grantee. SECTION 12. 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 trimming of all trees which overhang the streets or public places in such a manner and to such extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment; providing, however, that no such trees will be trimmed or cut back farther than may be necessary to prevent such interference and to allow the proper operation and maintenance of said line poles and fixtures. However, except in an emergency, no trimming shall be undertaken without giving the adjacent property owner notice that such trimming will be performed. SECTION 13. The Grantee shall maintain and operate a system for the distribution of electricity in the City so as to furnish what shall be known as a twenty-four hour service, but the Grantee does not guarantee continuous and uninterrupted service under the terms hereof and under no circumstances shall the Grantee be held liable to or responsible by the City on account of 4 interruption or failure of service caused by storms, washouts, accidents, floods, acts of God or the public enemy, war, strikes, damages by the elements or damage to plant or equipment on account of any circumstances beyond the control of the Grantee. However, the Grantee does agree to use due diligence to maintain continuous and uninterrupted service. SECTION 14. In the event of an amendment to the laws, rules or regulations of the City of , the State of Idaho or the Public Utility 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 be required on the part of City or Grantee to reopen the agreement pursuant to this section. Vl SECTION 15. If a grantee willfully violates or fails to comply with any of the provisions of this franchise, the City shall give written notice to the grantee of the alleged non-compliance of it's franchise. The grantee shall have forty-five (45) days from the date of notice of non-compliance to cure such alleged default or, if such default cannot be cured in forty-five (45) days, to present to the City a plan of action whereby such default can be promptly cured. If such default continues beyond the applicable dates agreed to for such cure, the City shall give the grantee written notice that all rights conferred under this Ordinance and its franchise may be revoked or terminated by the Council after a public hearing. The grantee shall be entitled to not less than thirty (30) days prior notice of the date, time and place of the public hearing. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the district court having jurisdiction compelling grantee to comply with the provisions of the franchise and recover damages and costs incurred by the City by reason of the grantee's failure to comply SECTION 16. Sale, assignment or lease of this franchise is prohibited without the express written consent of the City. Consent will not be withheld as long as the new owner, assignee or leasee agrees in writing to abide by the terms and conditions of 1� this franchise agreement and that there has been no prior default by Idaho Power. SECTION 17. Inasmuch as the Grantee has constructed and now is maintaining and operating electric utility property and facilities in and upon the streets, alleys, avenues, highways, boulevards, thoroughfares and public places in the City under a franchise which will expire on , it is hereby adjudged and declared that this ordinance is necessary for the preservation of the public peace, health and safety, and 5 therefore this ordinance shall take effect on PASSED AND ADOPTED by the Council of the City of this day of APPROVED by the Mayor this day of ATTEST: Mayor 6 Association of Idaho Cities 3314 Grace Street, Boise, Idaho 83703 Telephone (208) 344-8594 Fax (208) 344-8677 MEMORANDUM October 28, 1994 TO: AIC Legislative Committee/AIC Board FROM: Scott B. McDonald, Executive Director SUBJECT: Electrical Franchise Fees AIC and selected cities have met with representatives of Idaho Power on three occasion to negotiate a model franchise agreement that includes a 3% franchise fee. The most recent negotiating session occurred on October 19 in Twin Falls. Changes to the ordinance were agreed to in that meeting. There were some issues, however, that both sides agreed to continue to work on to reach resolution. The use of an advisory ballot by the city residents is the major stumbling block. Enclosed is the ballot mailed by Idaho Power to Nampa rate payers in 1970. By the third reading, the Nampa City Council lost support for their franchise ordinance. AIC firmly opposed the use of such an advisory ballot during our meeting with Idaho Power. As a compromise, we offered to cosponsor a mailing desribing the pros and cons of franchise fees to citizens. The cities would write the "pro" portion, and Idaho Power would write the "con" portion. Additionally, if desired, a multiple choice survey of several fiscal alternatives could be professionally written and independently administered as an alternative for the more populated cities. On Friday, October 21, Idaho Power moved ahead unilaterally with their own public information campaign on franchise fees. (See enclosure entitled "Idaho Power Information Sheet - Utility Franchise Fees"). This action indicates that Idaho Power intends to limit the process of clarifying Idaho code as it relates to cities franchise authority. Their stated goal is to legislate the following: OFFICERS President Paul Agidius Mayor. Moscow First Via President Winston Goering Mayor, Nampa Second Vice President Kirk Hansen Mayor, Soda Springs Third Via President Brent Coles Mayor, Boise Legislative Chairperson Paula Fomey Councilmember, Boise Immediate Past President Karen McGee Councilmember. Pocatello Executive Director Scott B. McDonald DIRECTORS James Hammond Mayor, Post Falls Susan Johnson Councilmember. Sandpoint Lovetta Eisele Councilmember. Lewiston Laura Booth Councilmember. Orofino Tad Freeman House Manor. Cascade Ban Westberg Councilmember. Weiser Max Yerrington Councilmember. Meridian Ted Ellis Mayor. Garden City Chuck Geska Councilmember, Buhl David Adair May or. Gooding Gregory Anderson Councilmember. Pocatello J. Waker Ross Macor. Preston John Walker Mayor. Challis James Flamm Councilmember. Rexburg ACTIVE PAST PRESIDENTS Dixie Reid • Councilmember. Coeur d'Alene Grant Kingsford Mayor. Meridian Harold Sims May or. Bonners Ferry John O. Cotant. Jr. May or, Chubbuck Tim Ridinger Macor. Shoshone Printed on Recycled Paper Idaho Power Legislative Goals re: Franchise Fees - electrical utility franchise fees must be approved by a majority of the city residents voting in an election. - the fees shall not exceed 3 percent of the revenues collected by an electrical utility from its customers within a city. - Idaho Public Utilities Commission shall review and approve all electrical utility franchise agreements which include fees before they become effective. - The term of the franchise agreement between the electrical utility and the city shall not be less than 20 years nor more than 50 years. Recommendation: AIC should oppose any legislation that changes (limits) cities' existing authority to impose electrical franchise fees. AIC should proceed to support the adoption of the model ordinance by cities in Southwestern Idaho. This assumes a) city elected officials can withstand any political pressure generated by Idaho Power and b) a court case will settle the issue between Idaho Power and several cities supported by AIC. Further, the "model" ordinance should be mailed to Washington Water Power and Utah Power & Light for their review and recommended changes. All changes by these two companies should be seriously considered for accommodation since they are currently cooperating with the collection of franchise fees in their service areas. haportant Notice Enclosed is an opportunity for you to express your opinion concerning a pro- posed new tax which would apply only to Nampa electric users. SEVERN, RIPLEY, DOORN & HANSON Certified Public Accountants P. O. Box 446 Nampa, Idaho 83651 E11RNESTTTE FARR WIRATIDAHO 13651 Bulk Rate U. S. POSTAGE PAID Permit No. 11 NAMPA, IDAHO No Postage Stamp Necessary If Mailed fa the United States BUSINESS REPLY CARD First Class Permit No. 21 Nampa, Idaho SEVERN, RIPLEY, DOORN & HANSON Certified Public Accountants P.O. Box 446 Nampa, Idaho 83651 IDAHO POWER COMPANY Nampa, Idaho Dear Idaho Power Company Customer: Idaho Power Company is sponsoring a survey of its customers in the City of Nampa to determine if they favor a 3 % tax on their power bills. Idaho Power believes that you —its customer —should have the opportunity to express your opinion on this important matter before final action is taken by the Nampa city council. The attached ballot is being provided so you may indicate whether you approve or dis- approve of the proposed new tax. This is an unofficial survey for informational purposes only. Vote totals only will be made public. It is Idaho Power's belief that you should know the following facts about the proposed tax: 1. The tax is proposed in an ordinance read for the first time at the Nampa city council meeting November 15. If the ordinance is approved on the second and third readings —December 6 and 20—the tax could become effective next January I. 2. This is a new tax that would be added to your power bill. 3. It would increase the cost of electric service for you and every other user in the City of Nampa by 3%. 4. You would not have the opportunity to vote on whether you wish to pay the tax. 3. This is a tax on City of Nampa residents only. No other city in the state served by Idaho Power has imposed a similar tax. 6. Northwest Nazarene College's electric bill would increase by more than $1,300 annually and the bills of Nampa public schools, already burdened by high budgets, would be increased substantially. 7. New businesses and industries considering Nampa as a location might go outside the city limits to avoid the higher cost of electricity in the city. This would slow Nampa's economic growth and deprive it of additional payrolls and property taxes. 8. Nampa businesses and industries would be at an economic dis- advantage in competing with those outside the city. Please vote on the accompanying ballot, detach and mail it promptly. In order to assure an importial survey, we have employed the Nampa certified public accounting firm of Severn, Ripley, Doorn & Hanson to conduct it and tabulote the results. Thonk you. Very truly yours, George L. Elliott Nampa District Manager Here's My Unofficial Vote As an Idaho Power Company customer living within the City of Nampa, do you favor the proposed 3 % electric franchise tax? [] YES ❑ NO NO POSTAGE IS REQUIRED. Please mark your ballot and mail it promptly. Thank you for your courtesy. PRESS RELEASE The annual cost for street lighting in our city' now costs in excess of $123,000 per year. It is paid for with revenue from property taxes. Tax exempt property and those people who do not own property are exempt from participating in this cost. For this reason the city admin- istration is planning to impose a 3% franchise fee on Idaho Power for use of public streets and alleys for the transmission of their power. This will be the same fee that is now being paid by Intermountain Gas Company for the use of public rights-of-way. Because both companies are competitors it has been unfair to charge the fee with one company without charging the other. The revenue from the fee with Idaho Power will be used to pay for the cost of street lighting. If there is any surplus it will be divided equally between the budgets for the police and fire departments. This will bring about a large saving to the real property owners in our city. A residence that now pays a power bill of $25.00 will pay an additional 75¢ a month with the franchise fee. The bulk of the revenue would come from the larger users such as business and industry. Tax exempt property such as fraternal organizations would also pay their pro- portionate share. Practically everyone in the city benefits from street lighting and police and fire protection. This proposed fee would make it possible for everyone to participate instead of leaving all the burden to the people who pay property taxes. Ernest E. Starr MAYOR City of Nampa EES:cmb d3 ELECTRICAL FRANCHISE FEES VS PROPERTY TAXES 1. WHO PA YS FEES? Residents, businesses, government - (city, county, schools, state and federal) - churches and other non- profit private organizations within the city's bound- ary utilizing city streets and police, thus spreading the fee to a broader base of rate payers. 2. ABILITY TO PA Y FEES A charge added to consumption of a product with the ability to apply conservation practices to reduce the ~mount of fees. $. EASE OF ADMIN1STRA TION Pay monthly with utilit~ bill with Idaho Power remitting every four months. 4. LEVEL PLAYING FIELD Idaho Power's major competitor, Intermountain Gas, currently pays a 3 percent franchise fee. For cities to continue to impose a 3 percent fee on gas it must impose a 3 percent fee on electrical or be in violation of a provision of Idaho's constitution requiring a uniformity upon persons and property. Washington Water Power and Utah Power & Light pay electrical franchise fees to Idaho cities in their service areas. Idaho Power pays a 3 percent franchise fee to the City of Ontario, Oregon. The City of Payette's franchise agreement negotiated with Idaho Power in 1970 contains the provision for Payette to charge a fee in the future. I. WHO PA YS TAXF_.S? Only propen'y owners, those living in the city and using city services as well as absentee property owners who do not use city services, pay property rexes. There are a multitude of governmental entities and charitable organiza- tions who are exempt from paying any property rexes who benefit from city services. These entities and organizations would be required to pay a franchise fee as pan of their electrical bill. 2. ABILITY TO PA Y TAXES A charge based upon value with no ability to control acceleration increases in assessed valuation. 3. EASE OF ADMINISTRATION Pay every six months with the county remitting every six months. 4. LEVEL PLAYING FIELD Both utilities - electric and gas - pay property taxes as do Albertsons or any other business in the city. Utilities are a class of business that need the cities' right-of-ways to carry on their function. Utilities want city snow plows to be able to access downed utility lines due to inclement weather to restore services. Association of Idaho Cities 3314 Grace Street, Boise, Idaho 83703 Telephone (208) 344-8594 PRESS RELEASE FOR I~RELEASE October.~,199~) Electrical'lr'r~anchise Fees vs Property Tax Contact: Scott McDonald 344-8594 Idaho cities are seeking to ease some of the burden placed on the property tax by requiring Idaho Power to pay a fee to the cities as part of their franchise agreements. Public utility companies doing business in a city usually do so under the terms of a franchise granted by the city. The franchise normally states the obligations the utility has to the city in return for the privilege of installing and maintaining utility equipment on public property. The franchise fee is the compensation to be paid for this privilege and for the inconvenience and expense to the city caused by the presence of this equipment on the public streets and in conduits under the public ways. In cases where a franchise fee provision is not included in the agreement, the city must turn to the property tax to cover expenses created by the presence of the utility. Idaho Power's major competitor, Intermountain Gas, currently pays 3 percent of its gross receipts to cities in the form of a franchise fee. For cities to continue imposing this fee on gas it must impose the same fee on electrical services or be in violation of a provision of Idaho's constitution requiring a uniformity upon persons and property. Idaho Power currently pays a franchise fee of 3 percent of its receipts to the neighboring City of Ontario, Oregon. Idaho Power has never paid a franchise fee to its Idaho cities. It is Idaho Power's contention that Idaho Code is vague on the authority of cities to collect a fee - attorneys for AIC and affected cities do not agree. As the 50 year franchise agreements expire between many Idaho cities and Idaho Power, cities will be negotiating a 3 percent franchise fee on the electric utility as' part of the renewal process. Cities contend that a franchise fee would spread the cost of utility maintenance within cities' right-of-ways to a broader base of utility rate payer. The cost would be spread to all utility users rather than having the expense fall solely on the property owners. There are a multitude of government organizations who are exempt from paying any property taxes but benefit from city services. - more - The cities in Idaho that receive electrical service from Washington Water Power or Utah Power & Light are currently collecting franchise fees from these two major electrical utilities. Washington Water Power Coeur d"Alene 5% Worley 3% Orofmo 3% Post Falls .25% Utah Power % Light Paris Bloomington DuBois Rigby Rexburg Iona Rifle 3% 10% 10% 3% 6% (up from 2% as of 10/1/94) 3% 3% Idaho Power Information Sheet Utility Franchise Fees Q: What is a franchise? A: Municipal franchises authorize utilities or other ~rvice providers to ufil/ze a city's sun,ets and alleys for the local/on of equipment and facilities. In Idaho Power's case, this pertains to the electrical equipment _t~_c~'-~.~ry to provide an essenti~ service. Franchise agreements may also restrict the city's right to compete with a utility's service to dty Franchises d~n't grant Idaho Power the right to serve customers. The Idaho Public Utilities Commission grants that right. Q: What is a franchise fee? A: It's a fee or tax charged to the utility or business by the city, usually based on a percentage of the service provider's gross revenues within the city. Q: Does Idaho Power pay franchise fees in Idaho? A: No. The company believes that under Idaho hw, cities are not authorized to impose franch/se fees on elecwic utilities such as Idaho Power. The company does not pay fees under any of its existing Idaho franchise agreements, which have been in place up to 50 years. Q: Who would pay the fee? A: Ultimately, the company's customers would. The Idaho Public Utilities Commission has ruled that franchise fees will be billed to a utillty's customers within the area or locality in which the fee applies and appear as a separate item on customers' bills. Idaho Power would serve in an administrative role by collecting the fees and turning the revenues over to ~he city. Q: Does Idaho Power oppose franchise fees? A: Under certah terms and conditions, Idaho Power would not oppose franchise fees. Ch/el among them is a pr~ vision ti) allow customers a voice in the imposition of such fees. Q: How would customers' voices be heard? A: Idaho Power SUPlXn~ providing all city resi- dents an opportunity to vote on franchise fees at a public election. No fianchise fee should be imposed upon an electric ut/lity's customers without majority approval. Q: Specifically, what conditions does Idaho Power believe are necessary? A: mbo Power would not oppose changes to~tate law governing franchise fees ff the legislation included the following:. · Electric utility franchises fees must be approved by a majority of city residents voting in an election. · Franchise fees shall be set forth as a separate item on each customer's elecwic utility bill. · The fees shall not exee-_d 3 percent of the reve- nues collected by an electric utility from its customers within the city limits. · The Idaho Public Utilities Commission shall review aud approve all electric utility franchise agree- merits which include fees before they become effective. · The term of the franchise agreement between the electric utility and the city shall not be less than 20 nor more ~ 50 years. Absent a change to state law, Idaho Power would be willing to consider a franchise agreement with a city provided it included these provisions. Q: What can a customer do about the franchise fee issue in his or her community? A: Idaho Power encourages all of its customers to learn as much as possible about the issue and share their thoughts and concerns with their local representatives and government officials. Idaho Power employees welcome the opportunity to visit with customers and discuss this and any other company-related issue. Feel free to call your local Idaho Power office. Roo R o I N A N C E N O..7kq. I.ANCE URANTING A NONEXCLUSIVE IqL~NClliS~ T(~ I~AH~ ~O~a UO~A~, A ' ~O~TION, ~D TO iTS SUCCESSO~S ~ ASSinN{, ~0 ~NSTRUCT, ~I~A~N AND OPE~T~ IN AND UPO. TIlE PRESENT ~U ~TURE ST[EE~{j ~iCH~AYS A.D OTII~R PUBLIC P~CES ~ITIIIN THE EO~O~T[ LIHITS 0~.THE CI~ 0~ ~AY~TtE~ IOAHO~ ELECTRIC ~ILI~ pROPER~ ~O FACiLITiES ~R SUPPLYING ~L~ICit~ ~D ELECTRic SERVICE, TO ~HE CITY, THE*IN.BIT.TS DITION9 OOVE~INO THE EXE~ClS~ O~. ~AI~ ~e It Otdaluid By the Hayer t~d Ceuneii'e[ the City of ~ayetta, - *' --~ .i~ g~etieu 3," $h~ ~fa~t~ Ihnil l~d~ntfy nn~ Inv~.t~ ~tty ~at~[es{ ~to~ any her~in, ,-;.,.- ' :?..' ].-.:;~ :::'.~.~:,:, - .......... f~ ~ee~he~.. : - , ~ · ............... .: .. . ...., = . .. ....... . . ~ ~ ....:~.. ,....-...- ...... ~..~...,. , . .. . : .'/..- ... ~. :~' '.r ... ,._... ~ '. ~, ~;. ~':~,'~ ~]~,.:~ . . .... _/R~ctton 10. The ~rentee ha~ constructed and nov {s eaintaininR opera~in~ ........ electric utility Property &nd fac{li~iea in and upon the streets, alleys~ avenues, h~hvays) boutevatds~ thotou~h~a,res and public Places in the City under a [ranchise OrdinanCe Nd. }8~ i' ~hich ~ill expire on ~ul_x __~_~ 1980 , and both'the Gtan~e~ and the City desire to revoke brdi~-~;g'-NO.._~.._..~[-i~fective aa of the end bi the day on August 9 , 19~_, and.to have the new ~rahchise be in ~Orca and e[fect on ~ugu~t____ 6 19~_, It tS hereby Idl~dRed aid dee~ared.that thi~ Oidtnance is necessary ~or the i~ediate pteservatto~ 6~ the public pia~e~health and safety, and frand~ise Ordinance No; }Sq i~ ~&9Oked a~-~[~x~_ptM, i..~~___ ~._, 1970 , and this ordinance ~dll iake effect and be. in full force and effect upon .~u~-:--~-~ 19~O-' ~ '" " ' Passed by the City CoUnCil 6~ th&.City o~ Payette, Payette.~ounty, Idaho, on ~he _~l:& day O~ ~uei ! ~L_~ 1970 ~ITNESS: - . ~ ' ho