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HomeMy WebLinkAboutFranchise Agreement General Electrical Franchise with Idaho Power SNAKE RIVER `~~ - 11'~ ~ .F- I i HYDRO POWER BOX 70 • BOISE, IDAHO 83707 November ~ , 1g ~~ 71 To the Honorable Mayor and City Council l'~:d~!d Idaho Gentlemen: I DAH O POWE R C OM PANY Idaho Power Company, a Maine corporation, lawfully engaged in doing business in the State of Idaho as an electrical public utility, generating, transmitting and furnishing electric power and energy for light, heat, power and other purposes, hereby makes appli- cation to your Honorable Body for a general electrical franchise within the City of ~"~~~ , Idaho. IDAHO POWER COMPANY r - ~~~Ol~ATE SEAL _ - - _~:: . °~G-w.--~~ ~- ..-.. _- Secretary b ~ By Vice Pr 'dent The above application was received in duplicate and one original thereof was duly filed in my office as City Clerk of the City o f ~'~~!~~ - ~,c~ a V e ~, ~ e. Y ~ 19 (C ORPORA`I'E SEAL ~. = Idaho, this ~ day of ~-' s ~ l~ ~ 1 ity Clerk of , Idaho MINUTES OF MEETING OF THE CITY COUNCIL OF ~leritti~an IDAHO Ad®ridi+~n , Idaho November 4 19 70 A regular meeting of the City Council of l~e~x'idiat~ Idaho, was held on the above date at '7;0~ o'clock, ~. M, in the in said City. Mayor ,f~c~ ~ /y. ~fo Y e y presided. The roll was called and showed the following Councilmen present, namely: ~ y ~ ~ ~- v ,~~~M /~~c ya- rr o Absent: After the meeting had been duly called to order, the following proceedings were had: ~ ~ ~ ~ ~ The following application for an electric light, heat and power franchise was received from Idaho Power Company: ~~ /~/o yew 6 er ~, , 19 ~'~ To the Hor~ai~~e Ma~or~© d City Council Gentlemen: Idaho Power Company, a Maine corporation, law- fully engaged in doing business in the State of Idaho as an electrical public utility, generating, transmitting and furnishing electric power and energy for light, heat, power and other purposes, hereby makes application to your Honorable Body for a general electrical franchise within the City of ~+[Wr1d1~ , Idaho. IDAHO POWER COMPANY B.y /a/ D 8 Ha~ile3r Vice President (CORPORATE SEAL) ATTEST: /~/ J~®a E Hruce Secretary The following proposed ordinance in writing was presented by ~. the MaVOr and read fully and dis- tinctly by the Clerk. The City Clerk was instructed to cause a full and true copy of the ordinance as presented to be published in the next i s s ue o f ~a. ~/e y /yP~S ~~- e S ~ the official newspaper of the City. ORDINANCE NO ~" AN ORDINANCE GRANTING TO IDAHO POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ~~ ~ ~, COUNTY, IDAHO, THAT: Section 1. There is hereby granted to Idaho Power Company, its successors and assigns (herein called the GrantF:e) the right, privilege or franchise until ~e ~ ear, b eY ~ 1 , ~~~~ to construct, maintain and operate in the present and future streets, alleys and public places in the City of ~r1~i~n , Ada County, Idaho, and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including underground conduits, poles, towers, wires, transmission lines and telegraph and telephone lines for its own use), for the purpose of supplying electricity to said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. Section 2. Poles and towers shall be constructed in a good and substantial manner, and will be so erected as not to inter- fere with travel or ordinary use of streets and alleys. The loca- tion of poles, towers and conduits shall be fixed under the super- vision of the City Council of the City, but not so as to interfere unreasonably with the proper operation of the Grantee's lines. Section 3. The Grantee shall indemnify and save the City harmless from any and all expense or liability which may accrue to it by reason of the negligence or misconduct of the Grantee in the construction, operation or maintenance of its system hereunder. Section ~+. The Grantee shall file with the City Clerk an acceptance in writing of this franchise, on or before thirty days after the final passage hereof. Section 5. This ordinance shall take effect upon its passage, approval by the Mayor, acceptance as required herein, and publication within one month after its passage. "~d#r~d~#~.~! ~di PASSED by the City Council of the City of ~ unty, Idaho, on the ~1b{ day of Q~G ~h, ~r ~ 19. ' , ~ a. _ v~~, _- .. .._ ~~ ~~ ~ ~ t~ (CORPORATE SEAL) Mayor ATTE pity Cler ~ ~ ~ ~ ~ There being no further business to come before the meeting at this time, it was, on motion duly made, seconded and carried, declared ad~o~urned. City erk MINUTES OF MEETING OF THE CITY COUNCIL OF M~ridietn IDAHO meridian , Idaho /~o Vea~, ~Pr ~f ~ 19~. A regular meeting of the City Council of Meridi.aa , Idaho, was held on the above date at 'U~ o'clock, ~ M, in the in said City. Mayor Qom ~/~j, SfoyeT_ presided. The roll was called and showed the following Councilmen present, namely: f~~. s~~i e ~ • ~S'~i y~r ~ ~ '~l~L! ~~ /y~rvi ~r ~~~~ ~e Toh~ ~1 u.f~~-rra Absent: After the meeting had been duly called to order, the following proceedings were had: ~ ~ -~ ~ ~ The proposed ordinance granting a franchise to Idaho Power Company was presented by Councilman and read fully and distinctly by the Clerk. ~ ~ ~ ~ ~ There being no further business to come before the meeting at this time, it was, on motion duly made, seconded and carried, declared adjourned. Cit Clerk MINUTES OF MEETING OF THE CITY COUNCIL OF Mlr1t~lAt~ IDAHO ~r~.aza~n , Idaho /Slo~e~, 6 ~r s~ ~ 19 A regular meeting of the City Council of ~'~~~ Idaho, was held on the above date at ~~o o'clock, ~ M, in the in said City. Mayor ~o~-j /`1, Starry presided. The roll was called and showed the following Councilmen present, namely: lc%y~-~ 0 ~~i der , kei ~ ,~,L~i`S ~a-rri'~ ,~o~'~e. ~o~~ Nu-ya,rr~ Absent: After the meeting had been duly called to order, the following proceedings were had: ~ ~ ~ ~ ~ The following proposed ordinance in writing was presented by C~~$~a~x Mayor Don M Storey , and read fully and dis- tinctly by the Clerk: ORDINANCE NO ~~~//~L_ AN ORDINANCE GRANTING TO IDAHO POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ~~ ~ AUA COUNTY, IDAHO, THAT: Section 1. There is hereby granted to Idaho Power Company, its successors and assigns (herein called the Grantee) the right, privilege or franchise until Deee~ber ~/, aDal __ , to construct, maintain and operate in the Ares nt and future streets, alleys a~c~ public places in the City of Meridian , ACS County, Idaho, and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including 'undergro'und conduits, poles, towers, wires, transmission lines and telegraph and telephone lines for its own use), for the purpose of supplying electricity to said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. Section 2. Poles and towers shall be constructed in a good and substantial manner, and will be so erected as not to inter- fere with travel or ordinary use of streets and alleys. The loca- tion of poles, towers and conduits shall be fixed under the super- vision of the City Council of the City, but not so as to interfere unreasonably with the proper operation of the Grantee's lines. Section 3. The Grantee shall indemnify and save the City harmless from any and all expense or liability which may accrue to it by reason of the negligence or misconduct of the Grantee in the construction, operation or maintenance of its system hereunder. Section ~+. The Grantee shall file with the City Clerk an acceptance in writing of this franchise, on or before thirty days after the final passage hereof. Section 5. This ordinance shall take effect upon its passage, approval by the Mayor, acceptance as required herein, and publication within one month after its passage. ~ASSED by the City Council of the City ,o[f,~{ ~i~ridi8n ~- unty, Idaho, on the /y(~~ day of _„ (CORPORATE SEAL) Mayor ~.~~ -_ - --City Clerk Councilman W D Skiver thereupon moved that the proposed ordinance granting a franchise to Idaho Power Company, having been introduced more than thirty (30) days prior to this meeting and having been published in full in Valley News Times the official newspaper of the City, and as read by the Clerk, be adopted. The motion was seconded by Councilman Marvin Bodine The roll was thereupon called and a "yea" and "nay" vote was taken with the following result: Those voting "yea" or in favor of the adoption of the ordinance: Skiver, Ellis, Bodine, Navarro Those voting "nay" or against the adoption of the ordinance: None A majority of the whole number of Councilmen elected to the City Council having voted in favor of the adoption of the ordinance, the Mayor declared it duly adopted and approved the same, and ordered it spread at length on the minutes. The Mayor thereupon signed the ordinance, and the City Clerk countersigned it, affixed the corporate seal of the City thereto, and attested it. The City Clerk was instructed to cause a full and true copy of the ordinance as passed to be publishJed wit/hin one month after its passage in at least one issue of y~- ~/~=/ /y ewf ~'~ 2 S , a newspaper printed, published, and having a general circulation in the City of ~l~id1~ ~ ~ ~ ~ ~ There being no further business to come before the meeting, it was, on motion duly made, seconded and carried, declared adjourned. c (SEAL) _. \_ ~ - \ - ,-_ ~~ City Clerk ORDINANCE NO L~ f-- AN ORDINANCE GRANTING TO IDAHO POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ~ ~ ~, COUNTY, IDAHO, THAT: Section 1. There is hereby granted to Idaho Power Company, its successors and assigns (herein called the Grantee) the right, privilege or franchise until fee ems, 6 2Y ~~j ~ oa,/ , to construct, maintain and operate in the present and future streets, alleys and public places in the City of ~ridle~ri ~ Adi County, Idaho, and its successors, electric light and power lines, together with all the necessary or desirable appurtenances (including 'undergro'und conduits, poles, towers, wires, transmission lines and telegraph and telephone lines for its own use), for the purpose of supplying electricity to said City, the inhabitants thereof and persons and corporations beyond the limits thereof, for light, heat, power and other purposes. Section 2. Poles and towers shall be constructed in a good and substantial manner, and will be so erected as not to inter- fere with travel or ordinary use of streets and alleys. The loca- tion of poles, towers and conduits shall be fixed under the super- vision of the City Council of the City, but not so as to interfere unreasonably with the proper operation of the Grantee's lines. Section 3. The Grantee shall indemnify and save the City harmless from any and all expense or liability which may accrue to it by reason of the negligence or misconduct of the Grantee in the construction, operation or maintenance of its system hereunder. Section ~. The Grantee shall file with the City Clerk an acceptance in writing of this franchise, on or before thirty days after the final passage hereof. Section 5. This ordinance shall take effect upon its passage, approval by the Mayor, acceptance as required herein, and publication within one month after its passage. A~~ASSED by the City Council of the City of ~ridi~n , 9 ~gunty, Idaho, on the day of over,., ~~er ~ 1 ~i'~ l >~" _ - ~ ~ ~;v ~ ,~ ' ' (-CORPORI~TE SEAL) Mayor ATTEST• ~. City Clerk STATE OF IDAHO ss COUNTY OF •YaA I, the undersigned, the duly qualified and acting City Clerk of the City of b~isidf.~e-ts , Idaho, do hereby certify that the foregoing, consisting of one page, is a full, true and correct copy of an ordinance adopted by the City Council of said City at a meeting duly held therein on the /~ day of lUo I~ e ~,., ~ e~ ~ 19~• IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City on this the ~tl day of /Yo vex 6 ex ~ 19~• ~, -- ~ _ City 1 rk (SEAL) ~~ ~ - ~- - - - ~~. -~ ~ - ,~ CERTIFICATE STATE OF IDAHO ss COUNTY OF AI~iA I, the undersigned, the duly qualified and acting City Clerk of the City of ~lx~ldiat! , Idaho, hereby certify that: 1. The foregoing, consisting of eleven pages, is a full, true and correct copy of portions of the minutes of the regular meetings of the City Council of ~deri$ia-n , Idaho, duly held in said City on ove~+. 2y , 19 ~ 1 , and , 19 ~' ~ _respectively, at which meetings all of the Councilmen recited in the minutes as present were present during the entire meetings; that such portions of the minutes contain all parts of the minutes which relate to the regularity of the meetings or to any and all proceed- ings had with reference to the granting of an electric light, heat and power franchise in said City to Idaho Power Company, its succes- sors and assigns. 2. At each of the meetings aforesaid the ordinance was fully and distinctly read at length, and said ordinance was duly passed and adopted. 3. Said portion of the minutes contains a full, true and correct copy of: (a) Application of Idaho Power Company for a franchise; (b) Proceedings with respect to the reading of the fran- chise at three separate meetings and adoption thereof by resolution at the third meeting; and (c) The ordinance as adopted: As said application, resolution and ordinance appear of record and on file in my office. 4~. Said ordinance has never been altered, amended or repealed and is now in full force and effect. 5. At the time of the adoption of said ordinance, there were no rules or regulations of the City Council requiring ordinances or franchises to be passed or adopted in any manner or form different from that followed. 6. I am the legal keeper and custodian of the original records from which the attached copies purport to be made, and that I have compared said copies with the original records, and have found them to be true copies thereof. 7. Within one month after the passage of said ordinance, I caused a full, true and correct copy of the same to be published in ~/w//e~ //ews T'~~ s which is a newspaper printed, published and having a general circulation in said City of ridia~- 8. At the time of the passage of the above ordinance, the said City of I~t'1~i~-t~t was a City incorporated under and governe y e genera aws o the State of Idaho, and the Mayor of said City and the Councilmen of said City Council are as follows: ~o fi ~ NCiV~>Yy Absent: 71 9, On November ~- , 19 , A D, being within thirty (30 days after the passage of said ordinance, the Grantee, Idaho Power Company, duly filed with me, as City Clerk of said City, its written acceptance of the franchise granted by said ordinance. IN WITNESS WHEREOF, I hereunto set my hand and affixedhe said seal of said City this nth day of November , 19 x,71, A D. _. - (CORPORA.TE SEAL) .'~ - City lerk T SNAKE RIVER ~~-+ I DAH O POWE R C OM PANY - ~ , B O X 7 0 • B O I S E, I DAH 0 8 3 7 0 7 HYDRO POWER November ~I- , 1971 To the Honorable Mayor and City Council ~~,~~~,, , Idaho Gentlemen: Idaho Power Company, for itself, its successors and assigns, hereby accepts the franchise contained in the ordinance passed by your Honorable Body on the ~I-th day of November , 71 lg entitled: "AN ORDINANCE GRANTING TO IDAHO POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FR.A,NCHISE, " and files this its written acceptance of the same. Your attention is called to the fact that the Rules and Regulations of the Company, as approved by the Idaho Public Utilities Commission (IPUC No 13, Tariff No 101), contains the following pro- vision: "In the event any taxing body shall impose any franchise, occupation, sales, license, excise or other tax or charge of any kind or nature, including taxes or charges based upon meters or customers, or upon electricity sold or the receipts or income ,therefrom, the pro rata amount thereof will be added to and as a part of the effective rate and separately itemized and billed to all customers in the area or locality in which such tax or charge applies. Yours respectfully, N i . / - " ~ COI~~~'~A.TE SEAL) -_ - 1~.TTEST: ~. ecre ary IDAHO POWER COMPANY } B~y ~/.~~~ -~-~-~ Vice Pre ~t `. The above acceptance was received in duplicate, and one original thereof was duly filed in my office as City Clerk of the City of ~~`~~:~ , Idaho, this nth day of Novem er , 19x 71. :_.%''~ <--~ ,, .. ty Clerk of ~~~ ;~,,;,~ , ;~ , -(CORPO~iATE SEAL) Id ho AFFIDAVIT OF PUBLICATION STATE OF IDAHO COUNTY OF ~ ss Ralph W Hunter , being first duly sworn, de- poses and says: I am the publisher of Valley News-Times ' which is a newspaper published and in general circu- lation in the City of '{~~~.a~.~.n ~ County, Idaho. F~cst•t~u~p~ - ~~,`.,~~~_~ ~~ That a certain ordinance granting AN t~a~~' ,"R~IVT~NG~ TO IDAHO POWER COMPANY, T$ SUCCLSSORS AND ASSIGNS, ELECTRIC LIGHT, .HEiAT AN ! POWER FRANCHISE. r BE IT ORDAINED I3X THE MAYORr` AND. COUNCIL OE? THG CITY OE~. MERIDIAN,- AL)A .COUNTY, IDAHO, THAT: Section 1. There is hereby granted to Idaho Power Company; iks successors and 9ssigns (herein called .the Grantee) the right; privilege, or franchise until December 3'1; ,2021, to construct, maintain and operate in the present and future streets, alleys and public places in the City of Meridian, Ada County, Idahi>; and ifs "succ4~ssors, electric light .and power- lines, together with.' all the necessary or desira6lc appurtenances '. (including underground conduits, poles, '! towers; `wires, ,transmission lines and telegraph and telephone lines f_or its own . use), for 'the purpose of supplying j electricity fo said City, the inhabitants thereof and persons and corporations beyond the'limits thereof, for light; heat, ;power and other purpctscs - Section 2. Poles and towers shall be constructed in a gciod and substantial manner, and will be sq erected as not to interfere with travel 'or ordinary use of streets and alleys.-The location of poles, ' towers and conduits shall be fixed under the supervision of [he City Council of the City, but not sci as to interfere unreasonably with the proper operation of the Grantee's lines. Section 3. The. Grantee shall indemnity and .save the City harmless from any .and- all cicpens~e or liability ' which -may a4crue to it by mason of the !~ negligence or miscond~ctof the Grantee ', in the construction,',. operation or ' rrtaintcnance of its system hcreundo~:' ~ '~~~ a'~Section 4. The Grantee shall file with the City Clerk an acceptance in writing .'! -'of this 'franchise, qn or -before thirty days after the final passage hereof. Section 5: This ordinance shall take effect upon its passage, approval by the Mayer,- acceptance as required herein, and publication within one month after -its passage, PASSI':D by the City ('ouncil of the ('ily of Meridian, Ada County, Idaho, on , the 4t)j day of_1Vovcmber; 1971..:" Don M: Storey, Mayor K'ORPORATI; SIiA`L) ATTI,~T: ~tlctu~~ J. Cqx, city Clerk Nov. <]~l, ;t971 to Tdaho Power Company, its successors and assigns, an electric light, heat and power franchise in said City, passed by the City Council of said City on the ~-th day of November , 71 19'~~Qx was published in one regular and entire issue of said newspaper, and riot in a supplement, such publica- tion being made on the 11th day of November 19 '71 and That a full, true and correct copy of the ordinance above mentioned, as it appeared in said regular issue, is annexed to this affidavit, and is here- by referred to and made a part hereof. /s/ Ralph W Hunter Subscribed in my presence and sworn to before me this 30th day. of November 19~'~ /s/ G W Hiatt rotary Pu~1ic My residence is: Meridian, Idaho My Commission expires: Feb 1972