Ordinance - 2024 - 916 - Idaho Power Franchise Agreement - 05/14/2024SUMMARY OF
ORDINANCE NO. 916
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.
A summary of the principal provisions of Ordinance No. 916 of the City of Eagle,
Ada County, Idaho.
Section 1: Grants Idaho Power Company the right to maintain and operate its facilities in
and upon the present and future streets and alleys to the City. Also grants
Idaho Power Company the nonexclusive right to physically locate and
maintain telephone, cable, fiber optics and other communications facilities of
the Idaho Power Company and other parties. Grants a franchise for a period of
twenty-five (25 years) from and after July 14, 2024.
Section 2: Requires Idaho Power 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 Idaho Power 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: Idaho Power 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. Idaho Power Company is also responsible to restore the streets to
good order.
Section 5: Should the City wish to attach City communications upon the facilities
maintained by Idaho Power Company, the parties shall enter into the standard
Idaho Power Attachment Agreement.
Section 6: Idaho Power Company shall indemnify and hold the City, its officers,
employees and agents, harmless from liability arising from any negligent act
or omission of Idaho Power Company in the operation of its electric property
or facilities.
Section 7: Idaho Power Company shall file a Certificate of Insurance evidencing General
Liability Insurance. The City shall be named as an "Additional Named
Insured" under the Idaho Power Company's insurance policy. Such insurance
shall have limits 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, Idaho Power
Company agrees to pay the City on a quarterly basis as amount equivalent to
one percent (1%) of the Idaho Power Company's "gross revenues". For the
purposes of this Section "gross revenues" shall mean the amount of money
billed by Idaho Power 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
Idaho Power Company with appropriate information for the identification of
Idaho Power Company's customers within the annexed area.
Section 10: The City shall have the right during the term of this franchise agreement to
increase the 1% franchise fee up to 3%, by obtaining consent of Idaho Power
Company or approval of a majority of voters of the City voting on the
question at an election.
Section 11: Idaho Power Company shall keep accurate books of account for the
collection of the franchise fees for a period of at least three years, and the City
shall have the right to inspect the same for audit purposes.
Section 12: Any franchise fees paid by Idaho Power 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: Idaho Power Company shall have the right, in accordance with National
Arbortist Association standards, of pruning trees that overhang present and
future City streets, alleys, highways or other public places.
Section 14: The City agrees not to engage in the business of providing electric 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 Idaho Power Company.
Section 16: Any violation by the Idaho Power Company of the provisions of the franchise
agreement shall be cause for forfeiture of the franchise, subject to several
conditions.
Section 17: Sale, Assignment or lease of this franchise is prohibited without notification
to the City.
Section 18: Idaho Power Company shall pay the cost of publication of this franchise as
such publication is required by law.
Section 19: Idaho Power 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 Idaho Power
Company shall terminate upon the adoption and acceptance of this franchise
agreement.
Section 21: Declares that this ordinance is necessary for public peace, health and safety,
and provides an effective date.
Section 22: Idaho Power Company certifies that it is not currently engaged in, nor will
during the term of this agreement engage in a boycott of goods and services
from Israel.
Section 23: Idaho Power Company certifies that it is not currently, nor will during the
term of this agreement, be owned or operated by the Government of China.
The full text of Ordinance No. 916 is available from the City Clerk and will be
provided to any person upon request during regular office hours.
DATED as of the 15th day of May, 2024.
CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
AT EST:
tsoeoaeooseg�
V.AG
,'•Q 0 R A 7 •
Tracy E. 'f. orn, City Clerk E °s®. ;
V,Nti;O:
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. 916 and that the same is
true and complete and provides adequate notice to the public of the contents of said
Ordinance. Dated this 15th day of May, 2024.
VICTOR .li' EGAS,
City Attorney
ORDINANCE NO. 916
"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.
WHEREAS, a franchise agreement was entered into by Idaho Power Company and the
City of Eagle via the approval of Ordinance No. 7, adopted August 10, 1971; Ordinance No. 349,
adopted July 13, 1999, and Ordinance No. 514, adopted May 10, 2005; AND
WHEREAS, the City of Eagle desires to renew the franchise agreement;
NOW THEREFORE 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 and after July 14, 2024 (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
1
standard engineering practices and all applicable safety codes and lawful governmental
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 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 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: 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 and 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
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
Eagle shall be named as an "Additional Named Insured" under Grantee's insurance policy. Should
2
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 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 11. The Grantee shall keep accurate books of account for the collection of the
franchise fees for a period of at least three years 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.
3
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 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 agreement 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 Eagle the State of Idaho or the Public Utilities Commission of Idaho applicable to this 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, 60 days notice shall be required on the
part of City or Grantee to reopen the agreement 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
to the City.
SECTION 18. The Grantee shall assume the cost of publication of this franchise as such
publication is required by law.
4
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 #349, dated July 13, 1999, as amended by Ordinance #514, dated May 10, 2005, 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 July 14, 2024.
SECTION 22. In accordance with Idaho Code Section 67-2346, Grantee hereby certifies
that it is not currently engaged in, and during the term of this franchise agreement will not engage
in, a boycott of goods or services from Israel or territories under its control as defined in said code
section.
SECTION 23. In accordance with Idaho Code Section 67-2359, Grantee hereby certifies
that it is not currently, and for the term of this franchise agreement will not be, owned or operated
by the Government of China as defined in said section.
PASSED AND ADOPTED by the Council of the City of Eagle, Idaho this 14th day of May 2024.
APPROVED by the Mayor this 14th day of May, 2024.
Br Pike, Mayor
ATTEST:
Tracy E. Osborr} ity C erk
(Seal)
5
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 8 day of ' "l , 2024.
ATTEST:
6
By:
Adam Richins
SVP & Chief Operating Officer
McClatchy
The Beaufort Gazette
The Belleville News -Democrat
Bellingham Herald
Centre Daily Times
Sun Herald
Idaho Statesman
Bradenton Herald
The Charlotte Observer
The State
Ledger -Enquirer
Durham I The Herald -Sun
Fort Worth Star -Telegram
The Fresno Bee
The Island Packet
The Kansas City Star
Lexington Herald -Leader
The Telegraph - Macon
Merced Sun -Star
Miami Herald
EI Nuevo Herald
AFFIDAVIT OF PUBLICATION
The Modesto Bee
The Sun News - Myrtle Beach
Raleigh News & Observer
Rock Hill I The Herald
The Sacramento Bee
San Luis Obispo Tribune
Tacoma I The News Tribune
Tri-City Herald
The Wichita Eagle
The Olympian
Account #
Order Number
Identification
Order PO
Amount
Cols
Depth
36791
554281
Print Legal Ad-IPL01740960 - IPL0174096
$141.28
3
84 L
Attention: Kellie Rekow
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 836169102
clerks@cityofeagle.org
SUMMARY OF
ORDINANCE NO. 916
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328, 50-329 AND 50-329A GRANTING A FRANCHISE TO IDAHO
POWER COMPANY, A CORFORATION AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OP-
ERATE IN AND UPON THE PRESENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE COR-
PORATE LIMITS OF THE CITY OF EAGLE, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELEC-
TRICITY AND ELECTRIC SERVICE TO THE CITY, THE INHABFTANTS 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.
A summary of the principal provisions of Ordinance No. 916 of the City of Eagle, Ada County, Idaho.
Section 1: Grants Idaho Power Company the right to maintain and operate its facilities in and upon the present and future
streets and alleys to the City. Also grants Idaho Power Company the nonexclusive right to physically locate and maintain
telephone, cable, fiber optics and other communications facilities of the Idaho Power Company and other parties. Grants
a franchise for a period of twenty-five (25 years) from and after July 14, 2024.
Section 2: Requires Idaho Power 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 Idaho Power 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: Idaho Power 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. Idaho Power Company is also responsible to restore the streets to
good order.
Section 5: Should the City wish to attach City communications upon the facilities maintained by Idaho Power Company, the
parties shall enter into the standard Idaho Power Attachment Agreement.
Section 6: Idaho Power Company shall indemnify and hold the City, its officers, employees and agents, harmless from
liability arising from any negligent act or omission of Idaho Power Company in the operation of its electric property or
facilities.
Section 7: Idaho Power Company shall file a Certificate of Insurance evidencing General Liability Insurance. The City shall
be named as an "Additional Named Insured" under the Idaho Power Company's insurance policy. Such insurance shall
have limits 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, Idaho Power Company agrees to pay the City
on a quarterly basis as amount equivalent to one percent (1o/o) of the Idaho Power Company's "gross revenues". For
the purposes of this Section "gross revenues" shall mean the amount of money billed by Idaho Power 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 atter the City has supplied Idaho Power Company with appropriate information
for the identification of Idaho Power Company's customers within the annexed area.
Section 10: The City shall have the right during the term of this franchise agreement to increase the 1% franchise fee up
to 3%, by obtaining consent of Idaho Power Company or approval of a majority of voters of the City voting on the question
at an election.
Section 11: Idaho Power Company shall keep accurate books of account for the collection of the franchise fees for a
period of at least three years, and the City shall have the right to inspect the same for audit purposes.
Section 12: Any franchise fees paid by Idaho Power 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: Idaho Power Company shall have the right, in accordance with National Arbortist Association standards, of
pruning trees that overhang present and future City streets, alleys, highways or other public places.
Section 14: The City agrees not to engage in the business of providing electric 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 Idaho Power Company.
Section 16: Any violation by the Idaho Power Company of the provisions of the franchise agreement shall be cause for
forfeiture of the franchise, subject to several conditions.
Section 17: Sale, Assignment or lease of this franchise is prohibited without notification to the City.
Section 18: Idaho Power Company shall pay the cost of publication of this franchise as such publication is required by law.
Section 19: Idaho Power 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 Idaho Power Company shall terminate upon the adop-
tion and acceptance of this franchise agreement.
Section 21: Declares that this ordinance is necessary for public peace, health and safety, and provides an effective date.
Section 22: Idaho Power Company certifies that it is not currently engaged in, nor will during the term of this agreement
engage in a boycott of goods and services from Israel.
Section 23: Idaho Power Company certifies that it is not currently, nor will during the term of this agreement, be owned or
operated by the Government of China.
The full text of Ordinance No. 916 is available from the City Clerk, and will be provided to any person upon request during
regular office hours.
DATED as of the 15th day of May, 2024.
CRY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
ATTEST:
Tracy E. Osborn, City Clerk
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. 916 and that the same is true and complete and provides adequate notice to the public of the
contents of said Ordinance. Dated this 15th day of May, 2024.
VICTOR VILLEGAS,
City Attorney
Mary Castro, 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:
1 insertion(s) published on:
05/19/24
o'r o
(Legals Clerk)
0n this 20th day of May in the year of 2024 before me, a
Notary Public, personally appeared before me Mary
Castro known or identified to me to be the person
whose name subscribed to the within instrument, and
being by first duly sworn, declared that the statements
therein are true, and acknowledged to me that she
executed the same.
Hafrikere
Notary Public in and for the state of Texas, residing in
Dallas County
a... r.
STE ANIIE HATCHER
My Naar/ 10 # 1335344013
Expires yanuary 14, 20213
Extra charge for lost or duplicate affidavits
Legal document please do not destroy!
IPL0174096
May 19 2024