Ordinance - 1992 - 208 - Require Franchises For Utility Operations - 07/28/1992ORDINANCE NO. 7
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ENACTING A NEW CHAPTER 6,
TITLE 6, EAGLE CITY CODE, RELATING TO FRANCHISES FOR UTILITY
OPERATIONS WITHIN THE CITY OF EAGLE, TO REQUIRE UTILITIES OBTAIN A
FRANCHISE IN CERTAIN INSTANCES; TO ESTABLISH AN APPLICATION
PROCESS; TO REQUIRE BONDS; TO RESTRICT FRANCHISE TERMS; TO RESERVE
CITY AND STATE RIGHTS, TO PROHIBIT LEASE OF FRANCHISES; TO PROVIDE
FOR TERMINATION OF FRANCHISES; TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1. That a new Chapter 6, Title 6, of the Eagle City
Code be, and the same hereby is, enacted to read as follows:
GRANT REQUIRED: No person shall operate any water
system, electric 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 therefor, 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 therefor from operating such
system within the territory to which said certificate
pertains as of the date of enactment of this ordinance.
APPLICATION: An applicant for a franchise shall file
with the Council an application therefor, 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. No such
franchise or exclusive privilege shall be granted except
by ordinance.
BOND: The successful bidder for any franchise or
privilege awarded hereunder shall file a bond running to
the City to be approved 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
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July 28, 1992
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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.
TERM OF FRANCHISE: The maximum length of time for which
a franchise may be granted to any person, firm or
corporation, except for railroads, shall be twenty (20)
years.
RIGHTS OF CITY: The grant of every franchise shall be
subject to the right of the City, whether reserved or
not, to make all regulations which shall be necessary to
secure, in the most ample manner, the safety, welfare and
accommodations of the public, including among other
things, the right to pass and enforce ordinances to
protect the public from danger and inconvenience in the
operation of any work or business authorized by the grant
of the franchise, and the right to make and enforce all
such regulations as shall be reasonably necessary to
secure adequate, sufficient and proper service and
accommodations for the people and ensure their comfort
and convenience.
RIGHTS OF STATE: The grant of every franchise or
privilege shall be subject to the right of the State,
whether reserved or not, to prescribe and regulate the
rates, fares, rentals or charges made for the service
rendered under such franchise.
LEASE OR ASSIGN FRANCHISES: Any franchise granted by
the City shall not be leased, assigned or otherwise
alienated without the express consent of the City, and no
dealings with a lessee or assignee on the part of the
City to require the performance of any act or payment of
any compensation by the lessee or assignee shall be
deemed to operate as such consent; provided, that nothing
herein shall be construed to prevent the grantees of such
franchise from including it in a mortgage or trust deed
executed for the purpose of obtaining money for corporate
objects.
TERMINATION OR FORFEITURE: Every ordinance granting
any franchise shall provide for the termination or
forfeiture thereof upon breach or failure to comply with
any of the terms, limitations or conditions thereof, and
in all such cases the Council shall have power to declare
the termination and forfeiture of any such franchise the
same as though in each instance such power was expressly
reserved.
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July 28, 1992
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CONDITIONS AND RESTRICTIONS: The enumeration and
specification of particular matter which must be included
in every franchise granted, shall not be construed to
impair or limit the right and power of the City to insert
in such franchises all such other and further conditions
and restrictions as the Council may deem proper to
protect the City's interests.
Section 2. That this Ordinance shall take effect and be in
force from and after its passage, approval and publication.
DATED this 28th day of July, 1992.
Attest:
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\851674\1\franchis
July 28, 1992
CITY OF EAGLE
By
Mayor Guerber
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EXHIBIT A
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SUMMARY OF
ORDINANCE NO. 208
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, ENACTING A NEW CHAPTER 6,
TITLE 6, EAGLE CITY CODE, RELATING TO FRANCHISES FOR UTILITY
OPERATIONS WITHIN THE CITY OF EAGLE, TO REQUIRE UTILITIES .TO OBTAIN
A FRANCHISE IN CERTAIN INSTANCES; TO ESTABLISH AN APPLICATION
PROCESS; TO REQUIRE BONDS; TO RESTRICT FRANCHISE TERMS; TO RESERVE
CITY AND STATE RIGHTS, TO PROHIBIT LEASE OF FRANCHISES; TO PROVIDE
FOR TERMINATION OF FRANCHISES; TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 208 of
the City of Eagle, Ada County, Idaho, adopted July 28, 1992, is as
follows:
Section 1: Enacts a new Chapter 6 of the Eagle City Code,
containing, in summary, the following provisions:
GRANT REQUIRED: Requires certain utility systems to
obtain franchise.
APPLICATION:
BOND:
TERM OF FRANCHISE:
RIGHTS OF CITY:
RIGHTS OF STATE:
LEASE OR ASSIGN
FRANCHISES:
TERMINATION OR
FORFEITURE:
CONDITIONS AND
RESTRICTIONS:
Section 2:
of the Ordinance.
Requires application for franchise.
Requires bond for franchise.
Limits franchise term.
Reserves right of City to regulate in
public interest.
Subjects franchise to state regulation.
Prohibits lease or assignment of franchise
without City consent.
Provides for termination of franchise upon
breach.
Reserves right of City to subject
franchise to further conditions.
The Ordinance provides for the effective date
1
The full text of Ordinance No. 208 is available at City Hall
and will be provided to any person upon request during normal
office hours.
DATED this "Al day o
C�p920Rale 804
�St%.; °'' F E4 ****#
,.•
fS , 0,9 Ore 00,0 G�. .,
,r
, 1992.
CITY OF EAGLE
Steve Guerber, Mayor
* * *
CERTIFICATION OF CITY ATTORNEY
I, the undersigned Attorney at Law, City Attorney to the City
of Eagle, Idaho, hereby certify that 1 have read the foregoing
summary of Ordinance No. 208 of the City of Eagle and that the same
is true and complete and provides adequate notice to the public of
the contents of said Ordinance.
Dated this 0,4 day of // 7e.oT , 1992.
Mona Daran Mac
City ttorney
2
PROOF OF PUBLICATION
County of Ada
State of Idaho
Helen Alidjani, being first duly sworn, on oath says that
she is the principal clerk of THE VALLEY NEWS, a
newspaper of general circulation, published weekly at
Meridian, County of Ada, State of Idaho;
That the annexed notice was published in said newspaper
once each and every week for / consecutive weeks,
First publication being on the to7°4- day of
�J'/� 44 ' Z' ,19 902 , and the last publication
being on the day of ,19
That the said newspaper has been published continuously
and uninterruptedly in said county during a period of more
than seventy-eight consecutive weeks prior to the first
publication of the attached notice.
K_,(/. _„"?‘4,*„.e._ •
Principal Clerk
Sub ribed and sworn before me this l3 day of
.�(.cd� ,19 9_
2
,,//��//�� // /Notary Public
Residence: / hGIa /—
9
My commission expires:
(SEAL)
SUMMARY
OF ORDINANCE NO. 208
AN ORDINANCE OF THE CITY OF
EAGLE, IDAHO, ENACTING A NEW
CHAPTER 6, TITLE 6, EAGLE CITY
CODE, RELATING TO FRANCHISES
FOR UTILITY OPERATIONS
WITHIN THE CITY OF EAGLE, TO
REQUIRE UTILITIES TO OBTAIN A
FRANCHISE IN CERTAIN
INSTANCES; TO ESTABLISH AN
APPLICATION PROCESS; TO
REQUIRE BONDS; TO RESTRICT
FRANCHISE TERMS; TO RESERVE
CITY AND STATE RIGHTS, TO
PROHIBITLEASEOFFRANCHISES;
TO PROVIDE FOR TERMINATION
OF FRANCHISES; TO PROVIDE FOR
CONDITIONS ANDRESTRICIIONS;
AND PROVIDING AN EFFECTIVE
DATE.
A summary of the principal
provisions of Ordinance No. 208 of the
City of Eagle, Ada County, Idaho,
adopted July 28, 1992, is as follows:
Section 1: Enacts a new Chapter 6
of the Eagle City Code, containing, in
summary, the following provisions:
GRANT REQUIRED: Requires
certian utility systems to obtain franchise.
APPLICATION: Requires appli-
cation for franchise.
BOND: Requires bond for
franchise.
TERM OF FRANCHISE: Limits
franchise term.
RIGHTS OFCITY:Reserves right
of City to regulate in public interest.
RIGHTS OF STATE: Subjects
franchise to state regulation.
LEASE OR ASSIGN. FRAN-
CHISES: Prohibits lease or assignment
of franchise without City aonsem.
TERMINATION OR
FORFEITURE: Provides fortetmination
of franchise upon breach.
CONDITIONS AND
RESTRICTIONS: Reserves tight of City
tosubject fraachisetofortherconditions.
Section 2:The Ordinance provides
continued from page 19
for the effective date of the Ordinance.
The full text of Ordinance No. 208
is available at City Hall and will be
provided to any person upon request
during normal office hours.
DATEDthis28st day of July,1992.
By Is/ Steve Guerber, Mayor
ATTEST:
eWS
CERTIFICATION OF
CITY ATTORNEY
I, the undersigned Attorney at Law,
City Attorney to the City of Eagle, Idaho,
hereby certify that I have read the
foregoing summary of Ordinance No.
208 of the City of Eagle and that the
same is true and complete and provides
adequate notice to the public of the
contents of said Ordiance.
Dated this 28st day of July, 1992.
Mona Dobaran Mack
City Attomey