20031218Motion to Alter O.N. 29359.pdf

OR\G\NAL
Dean J. Miller (ISB No. 1968)
McDevitt Cst Miller LLP
420 West Bannock Street
O. Box 2564~8370l
Boise, Idaho 83702
208~ 34 3~ 7500 (T)
208~ 336~6912 (F)
j oeCiYmcdevitt~ miller .com
fiECEIVED
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2003 DEt I 8 AH 10: I
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UTtLlTIES COHt"ilSSION
Attorneys for United Water Idaho Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Case No. UWI,O3,
) MOTION TO ALTER ORDER NO.
29359 AND TO GRANT OTHER
RELIEF
IN THE MATTER OF UNITED WATER
IDAHO's TARIFF ADVICE TO INCREASE
CUSTOMER RATES TO RECOVER THE CITY
OF BOISE's 4% FRANCHISE FEE
Pursuant to Idaho Code 61'624 United Water Idaho Inc., (United) respectfully requests
that the Commission enter its order altering Order No. 29359, and in support therefore shows as
follows, to wit:
In Order No. 29359 the Commission ordered that "United Water seek a Court Decision
to determine whether the City s Ordinance No. 56234 and the 1% franchise fee increase are
legally valid." (Order, Pg. 13).
II.
On December 16, 2003 the City of Boise adopted Resolution No. 17959, the effect of
which is to eliminate the 4% franchise fee adopted by Resolution No. 17692 by repealing said
Resolution and to re'set the franchise fee at 3%. A true copy of Resolution No. 17959 is attached
hereto as Exhibit A.
MOTION TO ALTER ORDER NO. 29359 AND TO GRANT OTHER RELIEF-
III.
The requirement of Order No. 29359, set forth above, has become moot by the adoption
of Boise City Resolution No. 17959. An issue is moot if it "presents no justiciable controversy
and a judicial determination will have no practical effect upon the outcome.Goodson v. NezPerce
County Board of County Commissioners 133 Idaho 851 (1999). Because the 4% fee has been rescinded
a judicial determination as to its validity would have no practical effect on the outcome.
Commencing October 2003 United collected from its customers revenues based on the
4% franchise fee. The amount collected representing the difference between a 3% fee and a 4%
fee is approximately Fifty Thousand Dollars ($50 000.00). Those funds have been held in
suspense, either by United or the City, pending resolution of this matter.
United is prepared to return those funds to its customers in the form of a bill credit
against future franchise fee collections and requests an Order permitting it to do so. United
estimates that the average refund per customer will be less than one dollar. The cost of preparing
and delivering physical checks would be greater than the amount of the refund; accordingly
refund by bill credit is appropriate.
VI.
United has prepared, and submits herewith, a new Tariff Schedule No.8 allowing for the
collection of a 3% franchise fee collection from customers residing within the City of Boise.
United requests that the same be accepted for filing with an effective date of December 17, 2003.
A true copy is attached as Exhibit B.
WHEREFORE, United respectfully requests that the Commission enter its order:
MOTION TO ALTER ORDER NO. 29359 AND TO GRANT OTHER RELIEF-
Eliminating from Order No. 29359 the requirement that United seek a court
determination;
Approving refunds to customers by way of bill credits against future franchise
fee collections; and
Accepting for filing the attached Tariff Schedule No.
Respectfully submitted this 18th day of December, 2003.
UNITED WATER IDAHO INc.
~~UQ ~
Attorney for United Water Idaho Inc.
MOTION TO ALTER ORDER NO. 29359 AND TO GRANT OTHER RELIEF-
RESOLUTION 17959
BY THE COUNCIL:BISTERFELDT, FORNEY, JORDAN, MAPP,
MASON AND SHEALY
A RESOLUTION REPEALING BOISE CITY RESOLUTION NO. 17692 WHICH
PROVIDED FOR AN INCREASE OF THE UNITED WATER IDAHO FRANCHISE FEE
FROM 3% TO 4%; AFFIRMING THAT THE FRANCHISE FEE RATE SET FORTH IN
THE UNITED WATER FRANCHISE AGREEMENT REMAIN AT 3%; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 22, 2003, pursuant to Resolution No. 17692, the Boise City Council
authorized an increase to the United Water Franchise Fee from 3% to 4%; and
WHEREAS, the fee increase was accepted by United Water and became effective
October 1 2003 but no collected funds have been remitted to Boise City; and
WHEREAS, on November 3, 2003 the Idaho Public Utilities Commission required
United Water to obtain judicial approval of the fee increase; and
WHEREAS, the City of Boise and United Water have determined the potential costs
associated with continuing to collect the franchise fee increase warrant the repeal of the fee
increase.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF BOISE CITY, IDAHO:
Section 1. That the Resolution No. 17692, approved by the Boise City Council on July
, 2003, is hereby repealed.
Section 2. That the franchise fee rate established and set forth in the United Water
Franchise Agreement approved by Ordinance No. 5623 remain at 3%.
Section 3. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Boise City, Idaho, this 16th day of
December 2003.
I: LEGALDOC\RESO-ORD\2003 \RESO2003 \FRANCHISEFEEREPEAL 624 - 03
Case No. UWI-O3-
Exhibit A, Page 1 of 2
December
APPROVED by the Mayor of the City of Boise City, this 16th day of
2003.
ATTEST:
MLT H: \WP\CIVIL\FORMS\RESOFORM.FRM
APPROVED:
~ df\'MAYOR
Case No. UWI-O3-
Exhibit A, Page 2 of 2
Sheet No. lOB
UNITED WATER IDAHO INC.
SCHEDULE NO.
MUNICIPAL FRANCHISE FEES
Pur ose:
The purpose of this schedule is to set forth the charges such
license, franchise, business occupation, operating, excise , use of
street taxes or other charges that are imposed on the Company by
munlcipal corporations and billed separately by the Company to its
Customers within the corporate limits of a munlcipality.
App licabilit
This schedule is applicable to the gross operating revenues
received by the Company from the sale of water and water services
within the corporate limits of the city.
Rate:
The rates and charges for the sale of water and water services
provided under the Company s schedules will be proportionately
increased by the following charge within the municipality on and
after the effective date of the applicable municipal ordinance.
The charges will be shown as a separate item on the customerbilling.
Munici alit Ordinance No.Effective Date Char
City of Boise 5623 December 17, 2003
Ci ty of Eagle 414 May 15, 2003 1. 0%
Issued:Effective:
Issued by:
By:
Case No. UWI-O3-
Exhibit 8, Page 1 of 1