Ordinance - 2002 - 416 - Amend Title 6 Utility Operation Franchises - 05/12/2002ORDINANCE NO. 416
ORIGINAL
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING
TITLE 6, CHAPTER 6, SECTION 6-6-1, SECTION 6-6-2, SECTION 6-6-
3, SECTION 6-6-4 OF EAGLE CITY CODE, UTIILITY OPERATION
FRANCHISES, AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: That Section 6-6-1, Eagle City Code, be, and is hereby, amended to read as
follows:
6-6-1: GRANT REQUIRED: No person shall operate any water system, electric,,
telecommunication distribution system or gas distribution system over, under or upon
any real property within the limits of the City, unless he or she shall have obtained a
franchise therefore, pursuant to this Chapter, except insofar as he or she may be entitled
to do so by direct authority of the Constitution or Statutes of the State of Idaho or of the
United States; provided, that nothing herein shall be construed to preclude a person
presently operating such a system and holding a certificate of convenience and necessity
therefore from operating such system within the territory to which said certificate pertains
as of the date of enactment of this Chapter. Where an existing electric, natural as.
telecommunication or water public utility exists, and no franchise has been applied
for, the City, may adopt an ordinance creating such franchise.
Section 2: That Section 6-6-2, Eagle City Code, be, and is hereby, amended to read as
follows:
6-6-2: APPLICATION: An applicant for a franchise shall file with the council an
application therefore, accompanied by a deposit of money to be set by the Council to
guarantee the payment of all expenses connected with such application, which application
shall state the rights sought to be obtained and the amount of the bid of the applicant for
such rights and privilege. If the City is applvine for a franchise for an existing public
utility, a fee need not be provided. Within thirty (30) days from the adoption.
approval and publication of a franchise ordinance. the franchisee shall provide the
Idaho Public Utilities Commission with a certification of the franchise fee.
Section 3: That Section 6-6-3, Eagle City Code, be, and is hereby, amended to read as
follows:
6-6-3: BOND: The successful bidder for any franchise or privilege awarded hereunder
shall file a bond running to the City to-be-appr-eved-if required by the Council in a sum
by it to be prescribed and set forth in the ordinance granting the franchise, conditioned
that such bidder shall well and truly observe and faithfully perform each and every term
and condition of such franchise and that in case of any breach or default of any condition
of such franchise the City shall be entitled to actual damages suffered and incurred as the
result of such breach or default and such damages shall be recoverable from the principal
and surety upon such bond.
K:\COUNCIL\Draft Ordinances\Ord 416 Amending Utility Operation Franchises.doc
Section 4: That Section 6-6-4, Eagle City Code, be, and is hereby, amended to read as
follows:
6-6-4: TERM OF FRANCHISE: The maximum length of time for which a franchise
may be granted to any person, except for railroads, shall be twcnty (20) ycars fifty
(50) years.
Section 5: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law.
DATED THIS 21st day of May, 2002.
CITY OF EAGLE
Ada unty, Idaho
RIC YZAG RE
MAYOR
ATTEST:
SHAR N K. MOORE
CITY CLERK
K:\COUNCIL\Draft Ordinances\Ord 416 Amending Utility Operation Franchises.doc
The Idaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATIO;
Account # DTI#
116026 667962
Attention
TRACY OSBORN
CITY OF EAGLE
310 E STATE ST.
EAGLE, ID 83616
Jdentification
pun Datea
ORDINANCE 416
LEGAL NOTICE
ORDINANCE NO. 416
5-6-1, ORDINAFNCE
E S SECTIITY ON 6F 63 ISECTION66-6.4NG TTTLE OF EAGLE CITY CODE,SUTTIII TTNY
DPERATION FRANCHISES, AND PROVIDING AN EFFECTNE DATE
E R ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows:
Section 1: That Section 6-6-1, Eagle City Code, be, and is hereby, amended to read as
ofowns:
6-6-1: GRANT REQUIRED: No person shall operate any water system, electric, telecom-
nunIcat o distribution system or gas distribution system over, under or upon any real
iroperty within the limits of the City, unless he or she shall have obtained a franchise
herefore, pursuant to this Chapter, except insofar as he or she may be entitled to do so by
Iirect authority of the Constitution or Statutes of the State of Idaho or of the United States;
irovided, that nothing herein shall be construed to preclude a person presently operating
such a system and holding a certificate of convenience and necessity therefore from
iperating such system within the territory to which said certificate pertains as of the date of
Inactrnent of this Chapter. Where an e e: c na�ral eas. to ecommuel
Ion or water I utI : ,,..: 1.e hias been moiled for. the C�
it ection :_ , agle Ity o.e, be, and is hereby, amended to read as
DI ows:
6.6-2: APPLICATION: An applicant for a franchise shall file with the council an application
'ferefore, accompanied by a deposit of money to be set by the Council to guarantee the
ment of all expenses connected with such application which application shall state the
(grits sou : ht to be obtained and the amount of the bid of the apphcant for such rights and
rivilege
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'tGT1Ic at echon , Eagle try ode, be, and is ereby, amended to read as
)I ows:
6-6-3: BOND: The successful bidder for any franchise or privilege awarded hereunder
hall file a bond running to the Citybe-19e-approved If repaired by the Council in a sum by
to be prescribed and set forth in the ordinance granting. the franchise, conditioned that
ach bidder shall well and truly observe and faithfully perform each and every term and
ondition of such franchise and that in case of any breach or default of any condition of such
anchise the City shall be entitled to actual damages suffered and incurred as the result of
ach breach or default and such damages shall be recoverable from the principal and
arety upon such bond.
Section 4; That Section 6-6-4, Eagle City Code, be, and is hereby, amended to read as
Mows:
6.6.4: TERM OF FRANCHISE: The maximum length of time for which a franchise may be
'anted to any person, except for railroads shall be tirenty {ZOl-�raaFc 16fty 159t years•
Section 5: This ordinance shall take effect and be in force from and after its passage,
r roval, and publication as required by law.
DATED THIS 21st day of May, 2002.
CITY OF EAGLE
Ada County,Idaho
RICK YZAGIRRE, MAYOR
ATTEST: SHARON K. MOORE, CITY CLERK
ib. May 30, 2002
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Ass Is. 22• Stamps
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'�� 1 •••. °••° '•.� Notary Public for Idaho
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Ry •e `fiesiding at: Emmett, Idaho
821y Commission expires:
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MAY 30, 2002
(Number of Linea
RECEIVED & FILED
CITY OF EAGLE
MAY 3 1 2002
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$106.25
59 X 2
(Affidavit Legal #
1
13615
JANICE HILDRETH, being duly sworn, deposes and says: That
she is the Principal Clerk of The Idaho Statesman, a daily
newspaper printed and published at Boise, Ada County, State
of Idaho, and having a general circulation therein, and which
said newspaper has been continuously and uninterruptedly
published in said County during a period of twelve consecutive
months prior to the first publication of the notice, a copy of
which is attached hereto: that said notice was published in
The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended, for:
ONE
consecutive weekly
consecutive daily
insertion(s)
beginning issue of:
ending issue of:
X
single
odd skip
MAY 30 , 2002
MAY 30 , 2002
STATE OF IDAHO
.SS
COUNTY OF ADA
On this 30 day of MAY in the year of 2002
before me, a Notary Public, personally appeared before me
Janice Hildreth known or identified to me to be the person
whose name subscribed to the within instrument, and being
by me first duly swom, declared that the statements therein
are true, and acknowledged to me that she executed the same.