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Ordinance - 1999 - 349 - Idaho Power Franchise - 07/13/1999ORDINANCE NO. 349 AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 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 EAGLE, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 25 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; RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; AND SPECIFYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO THAT: SECTION 1: The City of Eagle, 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 twenty-five (25) years from 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 agreement, 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 including all applicable state and federal regulations and all construction Page 1 standards presently in effect by the Idaho Public Utilities Commission or adopted by that Commission during the term of this franchise agreement. 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 reallocations. 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 excavation and/or installation in any of the present and future streets, alley, 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 wire 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 its internal communications for its fire, police, airport and other services upon the poles and other facilities erected and maintained by the Grantee hereunder, subject to the Rules and Regulations of the Idaho Public Utilities Commission. The City shall string, maintain and operate such wires at its own expenses, 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 times indemnify and hold the City, its officers, employees and agents, harmless from any and all expenses or liability arising from or by reason of any negligent act or omission of the Grantee, its representatives or employees, in the Page 2 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 should have any rights hereunder, Grantee shall file with the City Clerk a Certificate of Insurance evidencing General Liability Insurance which covers claims for Bodily Injury, Property Damage and Personal Injury. Such insurance shall have minimum limits of $1,000,000.00 per occurrence. The City of Eagle 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 tot he 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 order 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 terms 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 he 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 agreement to increase the franchise fee hereunder up to three percent (3 %), by obtaining approval of a majority of voters of the City voting on the question at an election held in accordance with Page 3 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 11: The Grantee shall keep accurate books of account for the collection of the franchise fees hereunder 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 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 agreement. 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 he 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 terms of this franchise agreement unless the electric service provider as 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 Eagle, the State of Idaho, or the Public Utilities Commission of Idaho applicable to their 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, sixty (60) days notice shall be required on the part of the City or Grantee to reopen the agreement pursuant to this section. Page 4 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 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 to the City. 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. SECTION 20: The existing franchise agreement between the City and Grantee set forth in Ordinance No. 9 , dated , shall terminate upon the adoption and acceptance of this ordinance. 8/W71 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 upon its passage, approval and publication. PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this /3/1, day of , 1999. APPROVED by the Mayor of the City of Eagle, Idaho this /1 day of 1-'111 , 1999. Rick Yzaguirr Mayor Page 5 Al 1'hST: A r.� Sharon K. Moore, Eagle VEALgg t$19/ OT :ErasA 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 I day of By: Idaho Power Company, Vice P sideit Secretary (Seal) , 1999. Page 6 JUL-19-99 15:39 FROM:CITY OF EAGLE ID:208+939+6827 PAGE 2/4 ORIGINAL SUMMARY OF ORDINANCE NO. 349 AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328, 50-329 AND 50- 329a GRANTING A FRANCHISE TO IDAHO POWER COMPANY, A CORPORTATION 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 EAGLE, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 25 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSCIALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COMMUNICATIONS FACILITIES; SETTING FORTH AN AGREEMENT NOT TO COMPETE; RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT OF FRANCHISE FEES; AND SPECIFIYING OTHER LIMITATIONS, TERMS AND CONDITIONS GOVERNING THE EXERCISE OF SAID FRANCHISE, AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 349 of the City of Eagle, Ada County , Idaho. Section 1: Grants the company the right to maintain and operate its facilities in and upon the present and future streets and alleys to the City. Also grants the company the nonexclusive right to physically locate and maintain telephone, cable, fiber optics and other communications facilities of the company and other parties. Section 2: Requires the company to maintain its facilities in good working condition and in accordance with standard engineering practices and all applicable safety regulations. Section 3: Provides that the company shall relocate its facilities as necessary upon the request of the City_ The City shall have no responsibility for the costs of the relocation. Section 4: The company has the right to make all needful excavations and/or installations in the City streets for the purpose of erecting and maintaining its facilities. The company is also responsible to restore the streets to good order. Section 5: The City shall have the right to string and maintain wires for its internal communications upon the facilities maintained by the company. Section 6: The company shall indemnify and hold the City, its officers, employees and agents, harmless from liability arising from any negligent act or omission of the company in the operation of its electric property or facilities. K:ICOUNCILTrat Ordmances\Attomey changes to ord 349 sum.doc JUL-19-99 15:40 FROM:CITY OF EAGLE ID:206+939+6927 Section 7: The company shall file a Certificate of Insurance evidencing General Liability Insurance. The City shall be named as an "Additional Named Insured" under the company's insurance policy. Such insurance shall have Iimits of $1,000,000 per occurrence. Section 8: The electric service to be furnished to the public under this agreement, and all rates and charges for same, shall be subject to all rules and regulations prescribed by the Idaho Public Utilities Commission. Section 9: As compensation for the right, privilege and franchise granted, the company agrees to pay the City on a quarterly basis as amount equivalent to one percent (1%) of the company's "gross revenues". For the purposes of this Section "gross revenues" shall mean the amount of money billed by the company for the electricity it sells within the corporate limits of the City to customers, less uncollectibles. Franchise fees shall not apply to newly annexed areas until sixty (60) days after the City has supplied the company with appropriate information for the identification of the company's customers within the annexed area. PAGE 3/4 Section 10: The City shall have the right during the term of this franchise agreement to increase the I% franchise fee up to 3%, by obtaining approval of a majority of voters of the City voting on the question at an election. Section 11: The company shall keep accurate books of account for the collection of the franchise fees, and the City shall have the right to inspect the same for audit purposes. Section 12: Any franchise fees paid by the company will be in lieu of other taxes and fees imposed by the City, including, but not limited to, taxes, fees or charges related to easements, franchises, right-of-way and utility lines and equipment installation, maintenance and removal. Section 13: The company shall have the right, in accordance with National Arbortist Association standards, of pruning trees that overhang present and future City streets and alleys. Section 14: The City agrees not to engage in the business of providing electx is service during the term of the franchise. However, nothing herein contained shall prevent the City from exercising at any time and power of eminent domain granted to it under the laws of the State of Idaho. Section 15: The franchise agreement may be changed, altered, amended or modified upon mutual agreement between the City and the company. Section 16: Any violation by the company of the provisions of the franchise agreement shall be cause for forfeiture of the franchise, subject to several conditions. KACO NCIL\Dra8 Ordinances\Attomey changes to ord 349 sum.doc JUL-19-99 15:41 FROM -CITY OF EAGLE ID:206+939+6627 Section 17: Assignment of this franchise is prohibited without notification to the City. Section 18: The company shall pay the cost of publication of this franchise as such publication is required by law. Section 19: The company shall file its acceptance of the franchise within 30 days after its final passage of this ordinance. Section 20: The existing franchise agreement between the City and the company shall terminate upon the adoption and acceptance of this franchise agreement. Section 21: Declares that this ordinance is necessary for the public peace, health and safety, and provides an effective date. The full text of Ordinance No. 349 is available from the City Clerk, and will be provided to any person upon request during regular office hours. DATED as of the 13th day of July, 1999. CITY OF EAGLE Ada County, Idaho Ric Tc YY rree Mayor ATTEST: -A_• r. 14 Sharon K. Moore, City Clerlc/Treasurer w�4m "Ow -oeeNttorl. LI vic I its GAS@ — ‘itP;6rtipeR P5e,044: -�2sass��s CERTIFICATION OF CITY ATTORNEY I, the undersigned city attorney for and legal advisor to the City of Eagle Idaho, certify that I have read the foregoing summary of Ordinance No. 349 and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. Dated this 19"' day of July, 1999. SUSAN E. BUXTON, City Attorney K:\COUNCIL\Draft Ordinances\Attomcy changes to and 349 sum.doc PAGE 4/4 / The Valley News, P.O. Box ' Meridian, Idaho 83680 Affidavit of Publication STATE OF IDAHO COUNTY OF ADA } ss. Ordinance No. 349 TITLE OF PUBLICATION City of Eagle PLAINTIFF OR LEGAL AGENT Scott Zelden deposes and says: That I am the Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 1 _ _ consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. , being duly sworn, Such notice was published in the issue beginning with 19 99 and ending wi ssue of 19 99 X August 11 STATE OF IDAHO COUNTY OF ADA On this 2 dayof September ) 1999 p in the year ofbefore me, a Notary Public, personallyappeared Scott Zelden , known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. August 11 Notaiy ublic for Idaho Residing at My Commission expires 1)/344 STATEMENT Valley News Meridian, Idaho Number of Lines 219 Lines Number of Insertions 1 219 Lines @ 1.50 $ 328 50 bines @ 1.25 TOTAL COST 1X/TT T DII i s II VICIII:1Arrin. J. +e.4.c � 4❑ :� � ORDINANCE NO. 349 )A AN ORDINANCE IN ACCOR- DANCE WITH IDAHO CODE 50- 328, 50-329 AND 50-329a GRANTI- NG 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 PLACES WITHIN THE CORPORATE LIM- ITS OF THE CITY OF EAGLE, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF. AND OTHERS FOR A TERM OF 25 YEARS; INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, r FIBER OPTICS OR OTHER COM- MUNICATIONS FACILITIES; SET- TING FORTH AN AGREEMENT NOT TO COMPETE; RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT , OF FRANCHISE FEES; AND SPECIFYING OTHER LIMITA- TIONS, TERMS AND CONDI- TIONS GOVERNING THE EXER- CISE OF SAID FRANCHISE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE I CITY OF EAGLE, IDAHO THAT: SECTION -lit The City of Eagle, Idaho (hereinafter called the "City") - mug PQWER The Valley News, P.O. Box Meridian, Idaho 83680 Affidavit of Publication STATE OF IDAHO COUNTY OF ADA } ss. Ordinance No. 349 TITLE OF PUBLICATION City of Eagle PLAINTIFF OR LEGAL AGENT Scott Zelden . being duly sworn, deposes and says: That I am the Publisher of THE VALLEY NEWS, a weekly newspaper published in Meridian, in the County of Ada and State of Idaho; that said newspaper has been and is in general circulation in the county aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which is attached hereto, was published in said newspaper once a week for 1 consecutive weeks in the regular and entire issue of said paper during the period and time of publication, and was published in the newspaper proper and not a supplement; that said paper has been established and regularly published for more than seventy-eight consecutive weeks prior to the date of first publication of said advertisement. Such notice was published in the issue beginning with 19 99 . and endin I the issue of July 28 19 99 .0111111 ._ X STATE OF IDAHO COUNTY OF ADA July 28 On this 4 day of August in the year of 1999 before me, a Notary Public, personally appeared Scott Zelden , known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that he/she executed the same. Not. ' Pu • lic for Idaho Residing at My Commission expires V13 f o Y Number of Lines Number of Insertions 101 Lines @ 1.50 Lines @ 1.25 TOTAL COST STATEMENT Valley News Meridian, Idaho 101 Lines 1 $ 151.50 SUMMARY OF ORDINANCE NO. 349 AN ORDINANCE IN ACCOR- DANCE WITH IDAHO CODE 50- 328, 50-329 AND 50-329a GRANTI- NG 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 PLACES WITHIN THE CORPORATE LIM- ITS OF THE CITY OF EAGLE, 1;DAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS FOR A TERM OF 25 YEARS, INCLUDING THE NONEXCLUSIVE RIGHT TO PHYSICALLY LOCATE AND MAINTAIN TELEPHONE, CABLE, FIBER OPTICS OR OTHER COM- MUNICATIONS OMMUNICATIONS FACILITIES; SET TING FORTH AN AGREEMENT NOT TO COMPETE; RESERVING POWER OF EMINENT DOMAIN; PROVIDING FOR THE PAYMENT ()F FRANCHISE FEES; AND SPECIFYING OTHER LIMITA- TIONS, TERMS AND CONDI- TIONS GOVERNING THE EXER- •CISE OF SAID FRANCHISE, AND PROVIDING AN EFFECTIVE DATE. A summary of the principal provisions of Ordinance No. 349 of the City of Eagle, Ada County, Idaho. Section 1: Grants the company the right to maintain and operate its facil- ities in and upon the presentand future streets and alleys to the City. Also grants the company the nonex- clusive right to physically locate and maintain telephone, cable, fiber optics and other communications facilities of the company and other ''parties. Section 2: Requires the company • - to maintain its facilities in good working condition and in accordance with standard engineering practices %, and all applicable safety regulations. Section 3: Provides that the com- pany shall relocate its facilities as 1 necessary upon the request of the City. The City shall have no responsi- bility for the costs of relocation. Section 4: The company has the - right to make all needful excavations and/or installations in the City streets for the purpose of erecting and main- taining its facilities. The company is also responsible toaresfore the streets to good order.