Ordinance - 2005 - 514 - Amend Idaho Power Franchise Ord 349 - 05/10/2005SCANNED
ORDINANCE NO. 514
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328, 50-329 AND 50-329a,
TITLE 6, CHAPTER 6 OF THE EAGLE CITY CODE, AND ORDINANCE NO. 349,
ADOPTED ON JULY 13th, 1999, AMENDING ORDINANCE NO. 349 TO MODIFY THE
PROCEDURE FOR INCREASING FRANCHISE FEES; AND PROVIDING FOR THE
PAYMENT THEREFORE; AND SPECIFYING OTHER LIMITATIONS, TERMS AND
CONDITIONS GOVERNING THE EXERCISE OF THE FRANCHISE, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO
THAT ORDINANCE NO. 349, ADOPTED ON JULY 13th, 1999 IS AMENDED AS
FOLLOWS:
SECTION 1: The City of Eagle, Idaho (hereinafter called the "City") granted 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 twenty-five (25) years from the
effective date of Ordinance No. 349, adopted on July 13th, 1999 (subject to the rights of the City
set forth in Section 14 of Ordinance No. 349). Under Section 15 of Ordinance No. 349 the City
and the Grantee have the right to amend the Ordinance by mutual agreement. The City and
Grantee entered into a Settlement Stipulation dated November 16th, 2004, which Stipulation
contains a mutual agreement by the City and the Grantee to amend Ordinance No. 349 in
accordance with Section 15.
SECTION 2: As compensation for the right, privilege and franchise granted by
Ordinance No. 349, adopted on July 13th, 1999, as set forth in this Ordinance, Grantee agrees to
pay to the City on a quarterly basis an amount equivalent to three percent (3%) of Grantee's
"gross revenues". 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, franchise fees shall not apply to the
annexed area until sixty (60) days after the City has supplied the Grantee with appropriate
information for he identification of the Grantee's customers within the annexed area.
The Grantee's franchise fee payment obligations hereunder shall commence on January 1,
2005; 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. The three
percent (3%) franchise fee shall be collected and expended in accordance with the Settlement
Stipulation, dated November 16th, 2004, and shall remain in place at the City's request through
December 31, 2010. Grantee shall have no obligation to collect and pay a franchise fee greater
Page 1
than one percent (1%) after December 31, 2010, unless otherwise agreed to by the City and the
Grantee or authorized by Idaho law.
SECTION 3: The City shall have the right during the term of this franchise agreement
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 agreement.
SECTION 4: The Grantee shall within thirty (30) days after final passage of this
Ordinance No. 514, file with the City Clerk its acceptance of this amended franchise in writing
signed by its proper officers and attested by its corporate seal.
SECTION 5: The existing franchise agreement between the City and Grantee set forth
in Ordinance No. 349, dated July 13`h, 1999, shall be revised as proved herein upon the adoption
and acceptance of this Ordinance No. 514. Upon its passage, approval and publication, this
Ordinance shall not be effective before Friday, May 27, 2005.
PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this 4/ day of
May 2005.
APPROVED by the Mayor of the City of Eagle, Idaho this .ip day of May 2005.
ATTEST:
Sharon K. Bergmann,
City Clerk
(SEAL)
Page 2
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 015x+( day of
By:,. )—--
Idaho Power Company, Vice President
ATTEST:
c --4,...„e -Rae,
Secretary
(Seal)
•
, 2005.
Page 3
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 ;t5d.. dayof ~
,2005.
By:ilJ1 ~-.:.--
Idaho Power Company, Vice President
ATTEST:
~~
Secretary
-
(Seal)
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Page 3
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: C41 1 01 E 11
Address: 3 10 E• S -I-Ort. St
1 Tb
VL`(0
Attention:
tECEIVED & FILED
CITY OF EAGLE
JUN 0 MS AN
Identification: V J1,haww
Run Dates:
Number Lines 1 J 9 Amount l' 0\O
Other
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
nes, a weekly newspaper published at
a County, State of Idaho; that the said
per is in general circulation in the said
of Ada, and in the vicinity of Meridian,
d Eagle, and has been uninterruptedly
shed in said County during a period of
ght consecutive weeks prior to the first
his notice, a copy of which is attached
), and that the notice was published in
es, in conformity with Section 60-108,
Code, as amended, for 1 time(s)
lar and entire issue of said paper, and
in the newspaper proper, and not in a
nt; and that said notice was published
on the following dates:
LOOS"
ORDINANCE NO. 514 / / O S
AN ORDINANCE IN ACCORDANCE WITH IDAHOCODE 50-328, 50-
329 AND 50-329A. TITLE 6, CHAPTER 6 OF THE EAGLE CITY CODE, AND
ORDINANCE NO. 349, ADOPTED ON JULY 13TH, 1999, AMENDING ORDI-
NANCE NO. 349 TO MODIFY THE PROCEDURE FOR INCREASING FRAN-
CHISE FEES: AND PROVIDING FOR THE PAYMENT THEREFOREAND
SPECIFYING OTHER LIMITATIONS. TERMS AND CONDITIONS GOVERN-
ING THE EXERCISE OF THE FRANCHISE, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO THAT ORDINANCE NO. 349, ADOPTED ON JULY 13TH,
1999 IS AMENDED AS FOLLOWS;
SECTION 1: The City of Egale, Idaho (hereinafter called the "City") granted
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
twenty-five (25) years from the effective date of Ordinance No. 349, adopted on
July 13th, 1999 (subject to the rights of the City set forth in Section 14 of
Ordinance No. 349). Under Section 15 of Ordinance No. 349, the City and the
Grantee have the right to amend the Ordinance by mutual agreement. The City
and Grantee entered into a Settlement Stipulation dated November 16th, 2004,
which Stipulation contains a mutual agreement by the City and the Grantee to
amend Ordinance No. 349 in accordance with Section 15.
SECTION 2: As compensation for the right, privilege and franchise granted
by Ordinance No. 349, adopted on July 13th, 1999, as set forth in this Ordinance,
Grantee agrees to pay to the City on a quarterly basis an amount equivalent to
three percent (3°'o) of Grantee's "gross revenues." 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 for purposes of paying
r 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, franchise fees shall
not apply to the annexed area until sixty (60) days after the City has supplied the
3. 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
' on January 1, 2004; provided, that the Grantee must first receive approval from
the Idaho Public Utilities Comission for the collection of the franchise fee in the
rates charged by Grantee. The three percent (3°'o) franchise fee shall be collected
and expended in accordance with the Settlement Stipulation, dated November
16th, 2004, and shall remain in place at the City's request through December 31,
2010. Grantee shall have no obligation to collect and pay a franchise fee greater
than one percent (1°o) after December 31, 2010, unless otherwise agreed to by the
r;w and the Grantee or authorized by Idaho law_
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STATE OF IDAHO )
)SS
COUNTY OF ADA )
day of -1"07-'-� in the year of 2004
a Notary Public, personally appeared
'n or identified to me to be the person
s subs bed to the wi ' in instrument,
me t duly sworn •eclared • .t the
'�` e, and ack edged a that
xecu - :r e same.
otary Public for !din-6--
Residing
da IResiding at Boise, ID
mmissiyl4 expires ,.4
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account: (,' Nf Eat. y€k
Address: 3i 0 E J S1 -at c S-1- •
Ea,k
Attention:
:. vLi'Jir�3 & FILED
CITY OF EAGLE
MAY 1 2 2005
Filp•
Routs t• •
Identification: P /1 -1 Pr p o kc,1 Orl W. SI l
Run Dates: 2.. ' 0 S
Number Lines H �- Amount 33 '
Other
Frank Thomason, being duly sworn, deposes
and says: That he is the Principal Clerk of
Imes, a weekly newspaper published at
tda County, State of Idaho; that the said
gaper is in general circulation in the said
ty of Ada, and in the vicinity of Meridian,
!rid Eagle, and has been uninterruptedly
)lished in said County during a period of
night consecutive weeks prior to the first
f this notice, a copy of which is attached
ato, and that the notice was published in
imes, in conformity with Section 60-108,
to Code, as amended, for 1 time(s)
3ular and entire issue of said paper, and
ad in the newspaper proper, and not in a
nent; and that said notice was published
on the following dates:
VYl 1, 21 LO
PUBLIC HEARING
CITY OF EAGLE
_0S.
Legal notice is hereby given that the EAGLE CITY COUNCIL will hold a public
hearing on May 10, 2005 at 7:30 P.M. at 'Eagle City Hall, 310 E. State Street,
Eagle, Idaho. The purpose of the hearing is to review proposed Ordinance No.
514, which will amend Ordinance No. 349 to modify the procedure for increasing
franchise fees; and providing for payment therefore; and specifying other limita-
tions, terms and conditions governing the exercise of the franchise and providing
an effective date.
Ordinance No. 514 will increase the Idaho Power Company Franchise Fee to 3°o of
Idaho Power's gross revenues. The 3°0 franchise fee shall be collected and ex-
pended in accordance with the Settlement Stipulation dated November 16, 2004
and shall remain in place through December 31, 2010.
Public testimony is encouraged at the public hearing. WRITTEN COMMENTS
must be submitted no less than five (5) working days prior to the day on which the
public hearing is scheduled. Qualified individuals who need accessible communica-
tion aids and services or other accommodations to participate in programs and
activities are invited to make your needs and preferences know to the 504. ADA
Coordinator (Eagle City Clerk). Please give us at least three to five days advanced
notice so we can adequately meet your needs.
Sharon K. Bergman
City Clerk/Treasurer
Publish: May 2nd, 2005
nning
2
ing -)Y1 cmit, 21 a-00
-n, vvn 413 trN
STATE OF IDAHO )
)SS
t- COUNTY OF ADA )
On this. / day of /'�1a-in the year of 2005
before me, a Notary Publi�, personally appeared
Frank Thomason, known or identified to me to be the person
,,,,,�� whose name is subscribed to the within instrument,
the
4;• Cot" ARC�,��o statements herein by mtrue, and e first asworwledgeareod methatthat
and P. 0i7X pTAR p 7a ex d the same.
Notary ublic for Idaho
Residing at Boise, ID
My Commission expires: _ vca 3