23-2023 Franchise Agreement Idaho Power (sent to legal on 9-13 for IP sig.) CITY OF MERIDIAN ORDINANCE NO. 23-2023
BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN,
OVERTON, PERREAULT, STRADER
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE SECTIONS 50-328, 50-329 AND
50-329A GRANTING A 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 MERIDIAN,
IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING
ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF,
AND OTHERS FOR A TERM OF 10 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT
TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR
OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREEMENT NOT TO
COMPETE, BUT RESERVING THE POWER OF EMINENT DOMAIN; PROVIDING FOR
THE PAYMENT OF FRANCHISE FEES; SPECIFYING OTHER LIMITATIONS, TERMS
AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO
THAT:
SECTION 1. The City of Meridian, Idaho(hereinafter called the"City")hereby grants to
IDAHO POWER COMPANY, a corporation, and to its successors and assigns (hereinafter called
the "Grantee") the right (subject to the rights of the City set forth in Section 14 hereof), privilege
and franchise for a period of ten(10)years from and after November 1, 2023 (the effective date of
this ordinance),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, including the nonexclusive right to physically locate and maintain
telephone, cable, fiber optics or other communications facilities of the Grantee or other parties,
(provided, that Grantee shall comply with the City's requirements for cable system franchises) all
subject to the terms and conditions hereinafter specified. In the case of annexation of property to
the corporate limit, such area will be considered under this ordinance, upon effective date of the
annexation, subject to Section 9 hereof. All such electric utility property and facilities now
maintained by the Grantee within the streets, alleys, highways and other public places within the
corporate limits of the City shall be deemed covered by this ordinance as provided herein.
SECTION 2. All of the Grantee's electric property and facilities in and upon the present
and future streets, alleys, highways and public places within the corporate limits of the City shall
be constructed and at all times maintained in good order and condition and in accordance with
standard engineering practices and all applicable safety codes and lawful governmental
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regulations, including all applicable state and federal regulations and all construction standards
presently in effect by the Idaho Public Utilities Commission or adopted by that Commission during
the term of this franchise.
SECTION 3. Upon request of the City,the Grantee shall relocate its facilities as necessary
within the present and future streets, alleys, highways and other public places owned by the City.
The City shall have no responsibility for the costs of such relocations. The Grantee shall bear the
cost of relocating its facilities at the City's request, unless the facilities are to be relocated for the
benefit of a third party, in which case the third party shall pay the costs of relocation. In the event
federal, state or other funds are available in whole or in part for utility relocating purposes, the
City shall apply for such funds and the Grantee will be reimbursed to the extent any such funds
are actually obtained.
SECTION 4. It shall be lawful for the Grantee to make all needful or convenient
excavations and/or installations in any of the present and future streets, alleys,highways and other
public places within the corporate limits of the City for the purpose of erecting and maintaining
the posts, poles, towers, or other supports for its wires or for the purpose of laying, maintaining
and operating conduits, vaults and wires and other conductors underground for the purpose
aforesaid, or to repair and improve such electric power and light system and to extend the same;
provided that when the Grantee or any person or corporation under the authority of this franchise,
shall disturb any of said streets, alleys,highways or other public places for the purposes aforesaid,
he, it or they shall restore the same to good order and condition as soon as practicable and without
unnecessary delay and failing to do so after five days' notice from the City, or its duly authorized
officer or officers, then the City may place said street, alley, highway or public place in such
condition at the cost and expense of the Grantee, and said Grantee will forthwith pay the full cost
and expense thereof upon demand of the City. All facilities constructed under this ordinance shall
be placed and 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.
SECTION 5. The City shall have the right and privilege to string and maintain wires for
the City's internal communications upon the Grantee's poles and other facilities located within the
corporate limits. If the City wishes to attach City communications facilities to Grantee's poles and
related facilities, the parties will enter into the standard Idaho Power Facilities Attachment
Agreement, which sets forth the terms and conditions for third-party attachments to Grantee's
poles and related facilities, including without limitation facility attachment fees, safety
requirements, clearance requirements, and make-ready obligations.
SECTION 6. The Grantee shall at all times indemnify and hold the City, its officers,
employees, and agents harmless from any and all expenses or liability arising from, and against 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.
SECTION 7. Upon acceptance of this franchise by Grantee and before Grantee shall have
any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidencing
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General Liability Insurance which covers claims for Bodily Injury,Property Damage and Personal
Injury. Such insurance shall have minimum limits of$1,000,000 per occurrence. The City of
Meridian shall be named as an "Additional Named Insured" under Grantee's insurance policy.
Should the minimum limits of insurance as set forth herein be increased above $1,000,000,
pursuant to the Idaho Tort Claims Act (Idaho Code Section 6-901 et. seq.) or any similar
legislation, the Grantee shall be required to provide the City with a new Certificate of Insurance
evidencing the higher limits upon the City's request.
SECTION 8. The electric service to be furnished to the public hereunder, and all rates
and charges therefore, and all regulation of the Grantee hereunder, shall at all times be subject to
all rules, regulations and orders that may be lawfully prescribed by the Idaho Public Utilities
Commission or by any other governmental authority now or hereafter having jurisdiction over
such matters. During the term of this franchise, Grantee shall at all times assure that customers
within the City have access to customer service from the Grantee as required by the Idaho Public
Utilities Commission.
SECTION 9. As compensation for the right, privilege and franchise hereby granted,
Grantee agrees to pay to the City on or before the 30th day of January, April, July and October, an
amount equivalent to one percent (1%) of Grantee's "gross revenues" for the preceding calendar
quarter. For purposes of this Section, "gross revenues" shall mean the amount of money billed by
the Grantee for the electricity it sells within the corporate limits of the City to customers, less
uncollectibles. The City shall provide appropriate information to the Grantee to allow the Grantee
to identify which of its customers are located within the corporate limits of the City for purposes
of paying franchise fees. Grantee shall not be responsible for any failure to pay franchise fees
which results from deficiencies in such information provided by the City. In the event the City
annexes a new area into its corporate limits, the terms of this Section 9 regarding franchise fees
shall not apply to the annexed area until sixty (60) days after the City has supplied the Grantee
with appropriate information for the identification of the Grantee's customers within the annexed
area.
The Grantee's franchise fee payment obligations hereunder shall commence with the start
of the Grantee's first full billing cycle following the effective date of this ordinance;provided,that
the Grantee must first receive approval from the Idaho Public Utilities Commission for the
collection of the franchise fee in the rates charged by Grantee.
SECTION 10. The City shall have the right during the term of this franchise to increase
the franchise fee hereunder up to three percent (3%), by obtaining the consent of the Grantee or
the approval of a majority of voters of the City voting on the question at an election held in
accordance with chapter 4, title 50, Idaho Code. Any such vote to increase the franchise fee
hereunder shall provide that the increased franchise fee will apply to any electric service provider
(other than the City) who utilizes the City's streets, alleys or other public places to provide
electrical service within the City, during the term of this franchise.
SECTION 11. The Grantee shall keep accurate books of account for the collection of the
franchise fees for a period not to exceed three years hereunder and the City shall have the right to
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inspect the same at all times during business hours, and from time to time audit the same for the
purpose of determining gross revenues under Section 9 above.
SECTION 12. The franchise fees paid by the Grantee hereunder will be in lieu of and as
payment for any tax or fee imposed by the City on the Grantee by virtue of its status as a public
utility including, but not limited to, taxes, fees or charges related to easements, franchises, rights-
of-way, utility lines and equipment installation, maintenance and removal during the term of this
franchise.
SECTION 13. The Grantee shall have the right and privilege, insofar as the City is able to
grant the same, in accordance with National Arborist Association standards, of the pruning of all
trees which overhang the present and future streets, alleys,highways and other public places within
the corporate limits of the City, in such a manner and to such extent as will prevent the branches
or limbs or other parts of such trees from touching or interfering with its wires, poles and other
fixtures and equipment. However,except in an emergency,no pruning shall be undertaken without
giving the occupant of the adjacent property written or oral notice that such pruning will be
performed.
SECTION 14. In consideration of Grantee's undertaking hereunder as evidenced by its
acceptance hereof,the City agrees not to engage in the business of providing electric service during
the life of this franchise or any extension thereof in competition with the Grantee, its successors
and assigns; but nothing herein contained shall be construed or deemed to prevent the City from
exercising at any time any power of eminent domain granted to it under the laws of the State of
Idaho. The City shall not grant a franchise to another electric service provider during the term of
this franchise unless the electric service provider has received approval to provide electrical service
within the City from the Idaho Public Utilities Commission, and the City has imposed the same
franchise fee on the electric service provider as paid by the Grantee.
SECTION 15. In the event of an amendment to the laws, rules or regulations of the City
of Meridian, the State of Idaho, or the Public Utilities Commission of Idaho applicable to this
franchise, or for periodic review of any section of this franchise, 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 franchise pursuant to this section.
SECTION 16. Any violation by the Grantee of the provisions of this ordinance, franchise
and grant or any material portions thereof or the failure promptly to perform any of the provisions
thereof shall be cause for the forfeiture of this franchise and grant and all rights hereunder by the
City after sixty (60) days' written notice to the Grantee and the continuance of such violation,
failure or default; however, this provision shall not prevent the Grantee from submitting such
question of violation or forfeiture to the appropriate forum (which may include the district court
having jurisdiction or the Idaho Public Utilities Commission) for determination.
SECTION 17. Sale, assignment or lease of this franchise is prohibited without notification
and approval by the City.
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SECTION 18. The Grantee shall assume the cost of publication of this franchise as such
publication is required by law.
SECTION 19. The Grantee shall within thirty (30) days after final passage of this
ordinance, file with the City Clerk its acceptance of this franchise in writing signed by its proper
officers and attested by its corporate seal. If the Grantee does not timely file said acceptance, the
Grantee shall forfeit all rights and privileges delineated herein, and the City shall have the right to
repeal this ordinance.
SECTION 20. The existing franchise between the City and Grantee set forth in Ordinance
No. 800, passed and adopted October 6, 1998, shall terminate upon the effective date of this
ordinance.
SECTION 21. Inasmuch as the Grantee has constructed and now is maintaining and
operating the electric utility property and facilities in and upon the streets, alleys, highways, and
public places in the City, it is hereby adjudged and declared that this ordinance is necessary for the
preservation of the public peace, health and safety, and therefore this ordinance shall take effect
on November 1, 2023.
PASSED AND ADOPTED by the Council of the City of Meridian this 12th day of
September 2023.
APPROVED by the Mayor this 12th day of September , 2023.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
(Seal)
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ACCEPTANCE
IDAHO POWER COMPANY, as the franchisee, accepts the franchise set forth in the
above Ordinance and agrees to abide by the terms and conditions thereof.
DATED this day of fC J,c 2023.
By:
Adam Richins
SVP&Chief Operating Officer
ATTEST:
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Secretary
(Seat)
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STATEMENT OF MERIDIAN CITY ATTORNEY
CONCERNING THE SUMMARY OF ORDINANCE NO . 23-2023
The undersigned, William L . M . Nary, City Attorney of the City of Meridian, Idaho , hereby
certifies that the summary below is true and complete and provides adequate notice to the public .
DATED this 12thday of September , 2023
William L. M. Nary, City Attorney
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 23 -2023
An ordinance in accordance with Idaho Code sections 50-328 , 50 -329 and 50 -329A granting a
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 Meridian, Idaho , electric utility property and facilities for
supplying electricity and electric service to the City, the inhabitants thereof, and others for a term
of 10 years, including the nonexclusive right to physically locate and maintain telephone, cable,
fiber optics or other communications facilities ; setting forth an agreement not to compete, but
reserving the power of eminent domain; providing for the payment of franchise fees ; specifying
other limitations , terms and conditions governing the exercise of said franchise; and establishing
an effective date of November 1 , 2023 . The full text of the ordinance is available in the City Clerk' s
Office at Meridian City Hall, 33 E. Broadway Ave . , Meridian, Idaho .
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ADVERTISING PROOF
IDAHO
PRESS MER7DfAN PRE55 c/o ISj Payment Processing Center
L.ocai ive.�s w zct�Ho1a,n ..,,. �� Emmett PO Box 1570,
BOISEWEEKLY® Messenger Pocatello,ID 83204
Ph. (208)465-8129 Fax: (907)452-5054
BILLING DATE: ACCOUNT NO: LEGAL NOTICE
07/27/23 21410 SUMMARY OF
CITY OF MERIDIAN
ORDINANCE NO.23-2023
An ordinance in accordance
1 MERIDIAN, CITY OF with Idaho Code sections 50-
33 E. BROADWAYAVENUE 328, 50-329 and 50-329A
MERIDIAN, ID 83642 granting a franchise to Idaho
Power Company, a corpora-
tion,and to its successors and
assigns,to construct,maintain
and operate in and upon the
present and future streets,
highways and other public
AD# DESCRIPTION START STOP TIMES AMOUNT places within the corporate
limits of the City of Meridian,
403867 ORD 23-2023 07/30/23 07/30/23 2 $47.74 Idaho, electric utility proper-
ty and facilities for supplying
electricity and electric service
to the City, the inhabitants
thereof, and others for a term
of 10 years,including the non-
exclusive right to physically lo-
cate and maintain telephone,
cable, fiber optics or other
communications facilities;set-
ting forth an agreement not
to compete, but reserving the
power of eminent domain;
providing for the payment
of franchise fees; specifying
other limitations, terms and
conditions governing the ex-
ercise of said franchise; and
establishing an effective date
of November 1, 2023.The or-
dinance has been introduced,
but not yet passed. Pursuant
to Idaho Code section 50-
329, the ordinance may not
be passed on the day of its
introduction, nor for 30 days
thereafter. The full text of the
ordinance is available in the
City Clerk's Office at Meridi-
an City Hall, 33 E. Broadway
Ave.,Meridian, Idaho.
July 30,2023 403867
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$47.74
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$47.74
We Appreciate Your Business!
AD#403867
ADVERTISING PROOF
IDAHO
PRESS MER7DfAN PRE55 c/o ISj Payment Processing Center
L.ocai ive.�s w zct�Ho1a,n ..,,. �� Emmett PO Box 1570,
BOISEWEEKLY® Messenger Pocatello,ID 83204
Ph. (208)465-8129 Fax: (907)452-5054
BILLING DATE: ACCOUNT NO: LEGAL NOTICE
09/14/23 21410 SUMMARY OF CITY OF
MERIDIAN
ORDINANCE NO.23-2023
An ordinance in accordance
1 MERIDIAN, CITY OF with Idaho Code sections 50-
33 E. BROADWAYAVENUE 328, 50-329 and 50-329A
MERIDIAN, ID 83642 granting a franchise to Idaho
Power Company, a corpora-
tion,and to its successors and
assigns,to construct,maintain
and operate in and upon the
present and future streets,
highways and other public
AD# DESCRIPTION START STOP TIMES AMOUNT places within the corporate
limits of the City of Meridian,
423235 ORD 23-2023 09/17/23 09/17/23 2 $43.30 Idaho, electric utility proper-
ty and facilities for supplying
electricity and electric service
to the City, the inhabitants
thereof, and others for a term
of 10 years,including the non-
exclusive right to physically lo-
cate and maintain telephone,
cable, fiber optics or other
communications facilities;set-
ting forth an agreement not
to compete, but reserving the
power of eminent domain;
providing for the payment of
franchise fees;specifying oth-
er limitations, terms and con-
ditions governing the exercise
of said franchise; and estab-
lishing an effective date of No-
vember 1, 2023.The full text
of the ordinance is available in
the City Clerk's Office at Me-
ridian City Hall, 33 E. Broad-
way Ave., Meridian, Idaho.
September 17,2023
423235
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$43.30
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$43.30
We Appreciate Your Business!
AD#423235
DocuSign Envelope ID:D29285C3-700C-4D1E-8840-F3F67E824777
99POMR(D
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An IDACORP Company
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IDAHO POWER COMPANY STATUTORY CERTIFICATIONS
This Certification applies to all active agreements between Idaho Power Company and the City of
Meridian.
In accordance with Idaho Code Section 67-2359, Idaho Power Company hereby certifies that it is not
currently, and for the duration of its agreements with the City of Meridian will not be, owned or operated
by the Government of China as defined in said code section.
In accordance with Idaho Code Section 67-2346, Idaho Power Company hereby certifies that it is not
currently engaged in, and during the term of its agreements with the City of Meridian will not engage in,
a boycott of goods and services from Israel or territories under its control as defined in said code section.
Date: 1/19/2024
Idaho Power Representative: )11& M&A
Julia Hilton, General Counsel