20080312_2189.pdf

DECISION MEMORANDUM
TO:COMMISSIONER REDFORD
COMMISSIONER SMITH
CO MMISSI 0 NER KEMPTON
COMMISSION SECRETARY
LEGAL
WORKING FILE
FROM:GERRY GALINATO
DATE:MARCH 11 , 2008
RE:IDAHO POWER TARIFF ADVICE INCREASING THE CITY OF TWIN
FALLS' FRANCHISE FEE; TARIFF ADVICE NO. 08-01.
On February 28, 2008, Idaho Power Company submitted a tariff advice to revise Sheet
No. 95-2. This tariff revision implements an increase in the franchise fee adopted by the City
of Twin Falls, raising the fee to 3%. The Company submitted a copy ofthe City of Twin Falls
Ordinance No. 2927 with its Application. The Company requested an effective date of
March 28 2008.
STAFF RECOMMENDATION
Staff recommends the Commission accept this tariff advice for filing.
COMMISSION DECISIONS
Does the Commission wish to accept Idaho Power Tariff Advice No. 08-01 for filing?
Attachments
i:udmemos/ipc tariff advice no. 08-
DECISION MEMORANDUM MARCH 2008
RECEIVED
2008 February 28 PM 1:28
IDAHO PUBLIC
UTILITIES COMMISSION
At) IDACORP company
Barton L. KlineSenior Attorney
February 28, 2008
Ms. Jean D. Jewell , Secretary
Idaho Public Utilities Commission
P. O. Box 83720
Boise,ID 83720-0074
RE:Tariff Advice No. 08-
Revision to Schedule 95
Dear Ms. Jewell:
Idaho Power Company herewith transmits for filing Seventh Revised Sheet No. 95-
2. This tariff revision implements an increase in the franchise fee adopted by the City
Twin Falls, raising the fee to 3%. Also transmitted is a copy of Schedule 95 in legislative
format. A copy of the ordinance adopting the increase and other supporting documents
are currently being forwarded to the Company by the City. The Company will submit the
signed ordinance to the Commission as soon as it is received, which is expected to be
next week.
If you have any questions regarding this filing, please contact Courtney Waites at
388-5612.
Sincerely,
/i';? "'4...
....
1'" '../r,
V :';;:;?_--" C;;'-... 1(....-""--.
..-.
Barton L. Kline
Senior Attorney
BLKsh
Enclosures
Ric Gale
Lisa Hardin
P&RS Files
Legal Files
O. Box 70 (83707)
1221 W. Idaho St.
Boise, 1083702
Idaho Power Company
I.P.C. No. 28. Tariff No. 101
Seventh Revised Sheet No. 95-
Cancels
Sixth Revised Sheet No. 95-
SCHEDULE 95
ADJUSTMENT FOR MUNICIPAL
FRANCHISE FEES
(Continued)
CHARGE (Continued)
Effective Date
Munici al it Ordinance No.Of Char Char
City of Fairfield 199 May 29, 2003
City of Fruitland 393 March 21 2001
City of Garden City 850-September 27 2006
City of Glen ns Ferry 452 March 24, 1999
City of Goodi ng 638 January 27 2005
City of Grand View 99-January 21 2000
City of Greenleaf 136 October 22 , 1999
City of Hailey 753 August 18, 2000
City of Idaho City 252 September 25, 1996
City of Inkom 96-195 July 26, 1996
City of Jerome 959 February 28, 2005
City of Ketchum 890 January 28, 2004
City of Kimberly 522 May 27 2005
City of Leadore June 20, 2000
City of McCall 713 November 20, 1997
City of Melba 212 February 28, 2007
City of Meridian 800 December 22 1998
City of Middleton 287 October 22 , 1999
City of Mountain Home 1251 October 24, 1996
City of Nampa 3181 January 30, 2007
City of New Meadows 306-May 30, 2007
City of Notus 259 August 28, 2007
City of Pocatello 2511 October 26, 1995
City of Richfield 175 March 27, 1996
City of Star May 24, 1999
City of Twin Falls 2927 March 31 2008
City of Wendell 460 November 29 2006
City of Wilder 486 May 27, 2004
IDAHO
Issued - February 28, 2008
Effective - March 28, 2008
Advice No. 08-
Issued by IDAHO POWER COMPANY
John R. Gale, Vice President, Regulatory Affairs
1221 West Idaho Street, Boise, Idaho
Idaho Power Company Sixth Revised Sheet No. 95-
Cancels
Fifth Revised Sheet No. 95-I.P.C. No. 28. Tariff No. 101
SCHEDULE 95
ADJUSTMENT FOR MUNICIPAL
FRANCHISE FEES
(Continued)
CHARGE (Continued)
Effective Date
Munici alit Ordinance No.Of Char Char
City of Fairfield 199 May 29 2003
City of Fruitland 393 March 21,2001
City of Garden City 850-September 27 2006
City of Glenns Ferry 452 March 24, 1999
City of Goodi ng 638 January 27, 2005
City of Grand View 99-January 21 , 2000
City of Greenleaf 136 October 22, 1999
City of Hailey 753 August 18, 2000
City of Idaho City 252 September 25, 1996
City of Inkom 96-195 July 26, 1996
City of Jerome 959 February 28, 2005
City of Ketchum 890 January 28 , 2004
City of Kimberly 522 May 27, 2005
City of Leadore June 20, 2000
City of McCall 713 November 20, 1997
City of Melba 212 February 28, 2007
City of Meridian 800 December 22, 1998
City of Middleton 287 October 22, 1999
City of Mountain Home 1251 October 24 , 1996
City of Nampa 3181 January 30, 2007
City of New Meadows 306-May 30, 2007
City of Notus 259 August 28, 2007
City of Pocatello 2511 October 26, 1995
City of Richfield 175 March 27 , 1996
City of Star May 24 , 1999
City of Twin Falls 26102927 AHgHst24;~999March 31 2008
~~%
City of Wendell 460 November 29 2006
City of Wilder 486 May 27, 2004
At) IDACORP Company
Barton L. Kline
Senior Attorney
March 7, 2008
Ms. Jean D. Jewell, Secretary
Idaho Public Utilities Commission
P. O. Box 83720
Boise, 10 83720-0074
RE:Tariff Advice No. 08-
Revision to Schedule 95 - Supplemental Information
Dear Ms. Jewell:
On February 28, 2008, Idaho Power Company transmitted for filing Seventh
Revised Sheet No. 95-, implementing an increase in the franchise fee adopted by the
City of Twin Falls to 3%. At the time, a copy of the ordinance adopting the increase was
being forwarded to the Company by the City and was not provided with the filing. The
ordinance adopting the increase is attached.
If you have any questions regarding this filing, please contact Courtney Waites at
388-5612.
Sincerely,
((2... --f- I'"
,~. .
V ::;.h./' K....X.----~
Barton L. Kline
Senior Attorney
BLKsh
Enclosures
Ric Gale
Lisa Hardin
P&RS Files
Legal Files
O. Box 70 (83707)
'1221 W Idaho St.
Boise, 1083702
ORDINANCE NO. 2927
AN ORDINANCE IN ACCORDANCE WITH IDAHO CODE 50-328, 50-329 AND 50-329A
GRANTING A FRANCHISE TO IDAHO POWER COMPANY, ACORPORATION, 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 TWIN FALLS, IDAHO,
ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUPPLYING ELECTRICITY
AND ELECTRIC SERVICE TO THE CITY, THE INHABITANTS THEREOF, AND OTHERS
FOR A TERM OF TWENTY FIVE (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.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TWIN FALLS
IDAHO THAT;
. SECTION 1. The City of Twin Falls, Idaho (hereinafter called the "City ) hereby grants
to IDAHO POWER COMPANY, a corporation, and to its successors and assigns (heniinafter
called the "Grantee ) the right (subject to the rights of the City set forth in Section 14 hereof),
privilege and ftanchise for a period of twenty five (25) years from and after
M CI.~h S, 2008 ' 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'' requirements
for cable system ftanchises) 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 s1reets, 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 aU' times maintained in good order and condition and in accordance with
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 tenn of this ftanchise agreement.
, ~
SECTION 3. Where Company facility relocations are required because of
improvements sponsored or funded by the City are being undertaken within the public rights-of-
way, the following terms shall apply:
A. Relocation Cost Responsibility. The responsibility for costs associated with the'
relocation of Company facilities shall be assigned as follows:
(1) Should the City require that any Company facility be relocated from its
existing 10cation to a new location within the City's public right-of-way, all
relocations costs shall be the responsibility of the Company.
(2) If the Company has facilities 10cated on private property, with a right
occupancy other than its right to locate in a public right-of-way, and the City
requires that any facility so located be relocated, the actual costs for such
.. reloca,tion shall be the responsibility of the City. Such costs shall be exclusive of.
profit allowances.
B. Operational Procedure.
.(1) Preliminary Notification: The City will provide written notification of
potential Company relocation requirements at the conceptual stage of proj ect
development. Any plans provided at this stage shall be noted as preliminary.
Where practical, the City shall provide such notification one year in advance of
the commencement of right-of-way improvement work. The City shall provide
the Company with a tentative schedule of its work for the ensuing fiscal year at
the time of budget approval by the City Council.
(2) Preliminary Review: As soon as reasonably possible and no later than forty-
five calendar days after receipt of the notification indicating the need for facility
relocations, the Company shall provide the City with a preliminary engineering
pIan. That pIan shall include the time frame requirements for material acquisition
and relocation work and special construction considerations that may affect
scheduling.
(3) Revisions: If revisions are made in the City's preliminary plan which alter the
initial Company relocation requirements, the City will provide the Company with
revised plans. The Company shall, as soon as reasonably possible and no later
than thirty calendar days after the delivery of the revised plans, provide to the
City any revisions in the Company s prelimillary engineering plan or schedule.
(4) Final Notification: The City will provide the Company with final notification
of its intent to proceed with right-of-way improvements and include the
anticipated date work will commence thereon. This notification shall indicate that
the work to be performed will either be accomplished pursuant to the preliminary
pIan or will be accomplished pursuant to a revised plan.
(5) Relocation ~ctivity: Unless otherwise agreed upon, all Company relocations
shall be completed prior to the antiCipated date of commencement of work on the
right-of-way improvements by the City. A project construction control line will
be establishedri~ the field by the City. The location of this control line will be
established after review with the Company.
(6) Roadway Restoration: Whenever possible, City and Company construction
personnel shall coordinate their activities in an attempt to eliminate duplication ofroadway restoration work.
SECTION 4. Where Gompany facility relocations are required because of right-of-way
improvements partially funded!by the city of Twin Falls, the following terms shall apply:
A. Relocation Cost Responsibility. The responsibility for costs associated with the
relocation of Company facilities shall be assigned as follows:
(1) Where the City requires that any Company facility be relocated from its
existing location to a new location within the public right-of-way, the Company
shall be responsible for that portion of the relocation costs that equals the
percentage ofthbCity s participation in the right-of-way improvement costs. The
remaining Company relocation costs shall be the responsibility of the individual
firm or entity that provides for the balance of the right-of-way improvement costs.
(2) If the Company has facilities located on private property, with a right-of-way
occupancy other than its right to 10cate in a public right-of-way, and the City
, requires any facility so located to be relocated, the actual costs for such relocation
shall be the responsibility of the City and the individual, firm or entity providing
funds -to accomplish the improvements within the public right-of-way. Such costs
shall be exclusive of profit allowances.
B. Operational Procedure.
(1) PIan Review~ The City will schedule a plan review conference to which
representatives qf all funding participants and the Company will be asked to
attend. Within tpirty calendar days after the date of the pIan review conference
the Company shall provide the City with a project review statement outlining the
facility relocation work required, the estimated cost thereof and the time required
therefor. This s~atement should include the date on which field relocation work
would commence and any other special construction considerations that may
affect scheduling.
(2) Revisions. Ifrevisions are lTI,ade in the preliminary plans that alter the initial
Company relocation requirements, the City will provide the Company with
revised plans. The Company shall, as soon as reasonably possible and no later
than thirty calendar days after deliver of the revised pIan by the City, provide the
City with any revision to the initial project review statement.
(3) Final Notification. The City will provide the Company with final notification
of its intent to proceed with rights-of-way improvements and include the
anticipated date that work will commence thereon. This notification shall indicate
that the work to be performed will either be accomplished pursuant to the
preliminary pIan or will be accomplished pursuant to a revised pIan
(4) Relocation Activity. Unless otherwise agreed upon, all Company relocations
shall be completed prior to the anticipated date of commencement of work on the
right-of-way improvements.
(5) Roadway Restoration. Whenever possible, City and Company construction
personnel sha11 coordinate their activities in an attempt to eliminate duplication of
roadway restoration work.
SECTION 5. Where Company facility relocations are required as a result of right-of-
way improvements not funded by the city of Twin Falls.
A. Relocation Cost Responsibility. The responsibility for costs associated with the
relocation of Company facilities shall be assigned as follows:
(1) When Company facility relocations are required as a result of improvements
being made by a developer within the public rights-of-way which were scheduled
to have otherwise been made by the City thin three years of the date said
improvements are actua11y commenced, then the responsibility for the costs of the
Company relocations shall be in conformance with Section 3.
(2) When Company facility relocations are required as a result of improvements
being made by a developer within the public rights-of-way which were not
scheduled to have otherwise been made by the City within three years of the date
said improvements are actually commenced, then the responsibility for the costs
of the Company relocations shall be that of the developer.
(3) Roadway Restoration. Whenever possible, City and Company construction
personnel sha11 coordinate their activities in an attempt to eliminate duplication ofroadway restoration work.
B. Operational Procedure:
(1) Plan Review. The developer shall provide the City and Company with
preliminary project plans and sch~dule a plan review conference to be held at the
City offices. The Company shall provide the developer and the City with a letter
of review indicating the magnitude of and time required for relocation of its
facilities. Said letter of review is to be provided within thirty calendar days after
the date of the plan review conference.
(2) Revisions. If revisions are made in the preliminary plans which modify the
Company relocation requirements, the Company shall be provided with such
revised plans and have thirty calendar days after receipt thereof to review and
comment thereon.
(3) Final Notification. The developer will provide the City and Company with
final notification of its intent to proceed with the right-of-way improvements and
include the anticipated date work will commence thereon. This notification shall
indicate that the work to be performed will either be accomplished pursuant to the
preliminary plan or will be accomplished pursuant to a revised plan.
(4) Relocation Activity. Unless otherwise agreed upon, all Company facility
relocations shall be completed within the times established during the plan review
process.
SECTION 6. Signalized Intersections. Should any Company relocation activity be in
close proximity of an intersection with signalization or intersection turning movements, the
developer and the Company shall meet with the City to determine the responsible cost allocation
for signalization or turning movement modifications.
SECTION 7. Trust Fund Deposits. In those cases where a developer elects or is required
to make a deposit with the City to provide for future improvements within the public rights-of-
way in lieu of the immediate construction thereof, the developer will be required to include in the
deposit an amount equal to 110% of the Company s estimated cost to accomplish its required
relocation work.
SECTION 8. Whenever the Company upgrades or modifies its facilities 10cated within
the public rights-of-way for its own purposes, all costs ofthe work associated therewith shall be
the sole responsibility of the Company.
SECTION 9. 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
fi'anchise , 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 10. 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 expense, risk and responsibility, and in accordance with alilegal
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 11. 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
construction, operation or maintenance of any of the Grantee s electric utility property or
facilities.
SECTION 12. Upon acceptance of this franchise by Grantee and before Grantee shall
have any rights hereunder, Grantee shall me 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 Twin Falls shall be named as an "Additional Named Insured" under Grantee
insurance policy. Should the mininl1.un limits of insurance as set forth herein be increased above
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 13. 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 14. If authorized by formal adoption of city resolution, 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 three percent (3%) 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 14 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 15. The Grantee shall keep accurate books of account for the collection of the
franchise fees for a period not to exceed 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 14 above.
SECTION 16. 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 oftrusfranchise agreement.
SECTION 17. The Grantee sha11 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 adj acent property written or oral notice that such
pruning will be perforo:ted.
SECTION 18. 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 tim~ any power of eminent domain granted to it under the laws of the
State ofIdaho. 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 19. In the event of an amendment to the laws, rules or regulations of the City
of Twin Falls, 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 franc~se 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 20. Any violation by the Grantee of the provisions of this ordinance, ftanchise
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 ftom
submitting such question of violation or forfeiture to the appropriate forwn (which may include
the district court having jurisdiction or the Idaho Public Utilities Commission) for determination.
SECTION 21. Sale, assignment or lease of this franchise is prohibited without
notification to the City.
SECTION 22. The Grantee shall assume the cost of publication of this franchise as such
publication is required by law.
SECTION 23. 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 24. The existing franchise agreement between the City and Grantee set forth
in Ordinance No. 2610, dated June 30, 1999, shall terminate upon the adoption and acceptance of
this ordinance.
SECTION 25. 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 takeeffect on
~~ro b'iJ the Council of the City of Twin Falls Ibis ~ay
20 J1L.
APPROVED by the Mayor this tlJdkay of
~ ,,
(i
(Seal)
ACCEPTANCE
IDAHO POWER CaMP ANY, as the franchisee, accepts the franchise set forth in the
above Ordinance and agrees to abide by the terms and conditions thereof.
DATEDthis daYQf 'VJ\.s,(1 2air.
~Q.~
Dan B. Minor
Senior Vice President -DeliveryA TrEST:
iiItJib 'l7. 11 Secretary
(Seal)
By:
CERTIFICATE
COUNTY OF TWIN FALLS
) SSe
STATE OF IDAHO
, the undersigned, the duly qualified and acting City Clerk of the City of
Twin Falls, Idaho, hereby certify that:
1. Attached hereto as Exhibit A is a full, true and correct copy of
portions of the minutes of the regular meetin s of the , CitY Council of Twin Falls, Idaho,
duly held in said City on the dates of I-I -2M lq- respectively, at
which meetings all of the Council Members recited in e minutes as present were present
during the entire meetings; that such portions of the minutes contain all parts of the
minutes which relate to the regularity of the m~!!~s or to any and all proceedings had
with reference to the passage of Ordinance No. granting a franchise to Idaho Power
Company, its successors and assigns.
2. At each of the meetings aforesaid the ordinance was read, and said
ordinance was duly passed and adopted.
3. Attached hereto as Exhibit B is a full, true and correct copy of
Ordinance No. dfJirl as adopted by the City and as appears on record and on me in myoffice.
4. Said ordinance has never been altered, amended or repealed and is
now in full force and effect.
5. At the time of the adoption of said ordinance, there were no rules or
regulations of the City Council requiring ordinances or franchises to be passed or adopted
in any manner or form different from that followed.
6. I am the legal keeper and custodian of the original records from
which the attached copies purport to be made, and that I have compared said copies with
the original records, and have found them to be true copies thereof.
7. Both prior to the passage of said ordinance, and within 30 days after
the p ~a,g,e .... ~he ordinance, I caused " the ordinance to be published in~e.
\ ~
!'t\P~QjJ~ which is a newspaper printed, published and
having a general circulation in said City of Twin Falls. Attached hereto as Exhibit Care
copies of the proof of publication forms for the ordinance.
Page 3
8. At the time of the passage of the above ordinance, the said City of
Twin Falls, was a City incorporated under and governed by the general laws of the State of
Idaho, and the Mayor of said City and Council Members of said City were as follows:
110\\1 ~ ice ~d ,C~ I\$\/'\ c.rcJ .\-hu \ filE kt~
9. On ~b-2'1 , 200 ~, being within tbirty (30) days aft~
the passage of said ordinance, the rantee, Idaho Power Company, duly fIled with me, as
City Clerk of said City, its written acceptance of the franchise granted by said ordinance.
IN WITNESS WHEREOF, I hereunto set my hand and affIXed the said seal
of said City this ~day of C-elcr-l..l.200
(SEAL)
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Page 4
CERTIFICATE
COUNTY OF TWIN FALLS
) ss.
STATE OF IDAHO
, the undersigned, the duly qualified and acting City Clerk of the City of
Twin Falls, Idaho, hereby certify that:
1. Attached hereto as Exhibit A is a full, true and correct copy of
portions of the minutes of the regular meetin~s of the ~ity Council of Twin Falls, Idaho
duly held in said City on the dates of ..l:l.':I-2Dl)~ E? l~lq-AODY' respectively, at
which meetings all of the Council Members recited in the minutes as present were present
during the entire meetings; that such portions of the minutes contain all parts of the
minutes which relate to the regularity of the m~eJin,.Rs or to any and all proceedings had
with reference to the passage of Ordinance No. ..231.tgranting a franchise to Idaho Power
Company, its successors and assigns.
2. At each of the meetings aforesaid the ordinance was read, and said
ordinance was duly passed and adopted.
3. 4ttached hereto as Exhibit B is a full, true and correct copy of
Ordinance No. 1. q~r ras adopted by the City and as appears on record and on fIle in my
office.
4. Said ordinance has never been altered, amended or repealed and is
now in full force and effect.
5. At the time of the adoption of said ordinance, there were no rules or
regulations of the City Council requiring ordinances or franchises to be passed or adopted
in any manner or form different from that followed.
6. I am the legal keeper and custodian of the original records from
which the attached copies purport to be made, and that I have compared said copies with
the original records, and have found them to be true copies thereof.
7. Both prior to the passage of said ordinance, and within 30 days afterth~ssage 0:( the ordinance, I caused the ordinance to be published in
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which is a newspaper printed, published and
having a general circulation in said City of Twin Falls. Attached hereto as Exhibit Care
copies of the proof of publication forms for the ordinance.
Page 3
8. At the time of the passage of the above ordinance, the said City of
Twin Falls, was a City incorporated under and governed by the general laws of the State of
Idaho, and the Mayor of said City and Council Members of said City were as follows:
yY\p..~:f)r lG,"ce ,,~\cvJ ) ~~~~lf ~Q.u~~ f. Joh",sof' J
riJ~U \ ~SQ()S \r~ 9 ~C"u.\) l)C:Y"I ~4\\) L~ ~~d~J . \1'), llla.~ ~ KQ,e. :~(e~/-(lrt+il\.
9. On r~bruor 'L , 200 , being within thirty (30) days after
the passage of said ordinance, the rantee, Idaho Power Company, duly filed with me, as
City Clerk of said City, its written acceptance of the franchise granted by said ordinance,\'A
IN WITNESS WHEREOF, I hereunto set my hand and affixed the said seal
of said City this 2.. l";1\
day of ~brU(\,200 & .
(SEAL)
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Page 4