20030709Exhibits.pdf

GNR-O3-
Exhibit 1 as referenced
on page 2 - item 2
on the application
received
July 9 2003
SERVICE AREA STABILIZATION AGREEMENT
AGREEMENT made this .J.:L day of May, 2003, by and between the
CITY OF HEYBURN, of P. O. Box 147 , Heyburn, Idaho 83336 ("HEYBURN") and
RIVERSIDE ELECTRIC COMPANY, LIMITED, of P. O. Box 12 , Rupert, Idaho 83350
RIVERSIDE"
RECITALS:
Heyburn and Riverside are electric non-profit corporations
organized in the State of Idaho and distributing electric energy to their respective
members.
The service areas of Heyburn and Riverside, in part, are
adjacent and contiguous to each other.
The parties have, in recent years, had an oral understanding
relative to the respective service areas, however, the parties deem it appropriate to
reduce their respective understandings to this written Agreement and to have the same
approved by the Idaho Public Utilities Commission pursuant to Idaho Code 9 61-333.
In consideration of the recitals, the covenants and conditions herein
contained and by statutory authority the parties agree:
TERRITORY DEFINED Exhibit ", attached to this Agreement
and made a part hereof by reference, describes the line which divides the service
territories of the parties, with Riverside s service territory lying very generally North and
East of Heyburn s. Exhibit "B" provides an area map depicting the territories of the
respective parties as they are contiguous to each other. All of the area west and south
SERVICE AREA STABILIZATION AGREEMENT - 1
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd
of the red line, identified on Exhibit ", shall be the Heyburn territory and all territory
north and east of the red line shall be the Riverside territory. Heyburn shall serve all
new customers in its defined area and Riverside shall serve all customers in its defined
area.
EXISTING CUSTOMERS:To the extent that either party is
currently providing service to customers within the service area assigned to the other
party by this Agreement, said parties shall continue to serve said customer, except as
provided on Exhibit ". Otherwise, Heyburn or Riverside shall not be required to
withdraw from the service area allocated to the other, but the right to continue to serve
existing customers within the service area of the other party shall not be construed to
authorize extension of service to new customers within the service area allocated to
Heyburn and Riverside by this Agreement.
The customers set forth on Exhibit "C" have been contacted by at least
one of the parties hereto and such customers have expressed no objection to the
change of electrical provider as set forth herein. The change of service will be
coordinated by the parties, but shall take place not later than / 7 days from the
effective date of this Agreement. Neither party will charge any of the said customers
any connection or disconnect fee and all cost and effort of the work done to accomplish
the change of service shall be born by the parties hereto. However, nothing herein
contained shall prevent either party from requiring payment of applicable deposits nor
payment of any membership fees, in the case of Riverside.
DISTRIBUTION LINE ACQUIRED FROM HEYBURN Heyburn
SERVICE AREA STABILIZATION AGREEMENT - 2
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Riverside.ServiceAgree2a.wpd
owned a certain 12.5 kV distribution line, extending approximately 0.9 miles from the
Riverton Substation to where it connects to the Riverside and Farmers' Electric
Company, Limited ("Farmers ) systems. Said line is entirely or largely within the
Heyburn service territory. The parties have entered into an agreement dated April 2
2003 where by Riverside has acquired such distribution line. It is agreed that the said
distribution line, for purposes of Idaho Electrical Supplier Stabilization Act, Idaho Code
Section 61-332 , et. seq., is not a "service line" as defined in Idaho Code Section 61-
332A(1 0) and accordingly shall not be considered as having any applicability in
determining any new service under Idaho Code Section 61-332C or otherwise, should
such question arise.
CAPTIONS The captions of the paragraphs of this Agreement
are for identification purposed only and the captions shall not be construed to define
nor limit the express provisions of the respective paragraphs.
ATTORNEY FEES The prevailing party in any action arising
under this Agreement shall be entitled to reasonable attorney fees and costs in addition
to all other relief afforded by the court.
OTHER CUSTOMERS Nothing contained herein shall prohibit
the parties from entering into a written agreement to permit the service of a new
customer by party whose distribution system is located in the service area of the other,
if the new customer can be served more efficiently and safely from the existing service
lines of the other party or by the extension of existing service lines. Such agreement
shall be in writing, authorized by the respective governing board of each party, and
SERVICE AREA STABILIZATION AGREEMENT - 3
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd
when executed shall be appended to this Agreement. The entering into such
agreement is discretionary with either party and neither party shall have the right of
action against the other for the exercise of such discretion.
TERM This Agreement shall remain in full force and effect so
long as each of the parties shall continue to operate as electric suppliers under their
present form of ownership. In the event either party should terminate operations as an
electric supplier, the boundary lines established by the respective service area shall
remain in effect as to the successors in interest. In the event either or both parties
merge, consolidate, sell or otherwise become a different entity this Agreement shall
nevertheless remain in full force and effect as to the successor in interest of the
respective parties.
EFFECTIVE DATE AND RETAINED MUNICIPAL RIGHTS OF
HEYBURN This Agreement shall be effective upon its execution by the respective
parties. The parties are not required to obtain approval by the Idaho Public Utilities
Commission ("IPUC"), as cities are exempt from such approval process; but, it is the
intention of the parties to obtain such approval. When executed, a copy of this
Agreement shall be recorded in the office of the County Recorder, County of Minidoka
State of Idaho. As provided in Idaho Code Section 61-333(1), nothing herein
contained shall be construed as meaning that Heyburn submits to any regulatory
oversight of the I PUC nor is this Agreement intended in any manner to reflect any
waiver by Heyburn of any rights it may have under Idaho Code Section 61-333B to
condemn annexed service territory.
SERVICE AREA STABILIZATION AGREEMENT - 4
C:\Documents and SettingslSteve\My Documents\HEYBURN\Heyburn.Riverside.ServiceAgree2a.wpd
10.ENTIRE AGREEMENT & MODIFICATION This Agreement
constitutes the entire understanding of the respective parties. All prior negotiations and
understandings are deemed merged herein. This Agreement may only be modified in
writing executed by the authorized officers of the parties.
IN WITNESS WHEREOF the parties have executed this Agreement the
day and year first above written.
CITY OF HEYBURN
' /~
Cleo K. Cheney, Mayor
ATTEST:
X-c,
~~ ~~
L~,~~f.
Linda Dayley, City Cle'1
RIVERSIDE ELECTRIC COMPANY,
LIMITED.
/-e --c..---
SERVICE AREA STABILIZATION AGREEMENT - 5
C:\Documents and Settlngs\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd
County of Minidoka
) ss.
STATE OF IDAHO
On this -ii- day of May, 2003, before me the undersigned, a Notary
Public in and for said State, personally appeared CLEO K. CHENEY, as Mayor and
LINDA DAYLEY, as City Clerk, known to me to be the persons whose names are
subscribed to the foregoing instrument as Mayor and City Clerk and acknowledged to
me that they executed the same as such Mayor and City Clerk.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal on the day and year in this instrument first above written.
(SEAL)
.,,\\\111 "11"'/1
~\\'
1/1
#' ~~'" A. 7"u;//;z
~ ~~ ""'." ;. %"" "' .
::: c;, / o"tAR,,"\ 0;;::.
=:.(j
.... PUB\.' log
Q\ "
" ., ~ .$
1- .
........
, IV '?-
'///.
"l/"€ Or \ ,'II
\,\'\
1111111 III \I \\ \ \ \
1tH~
Nota rrPublic for l
Residi~g ~t:
,,-
Commission Expires: 7'"" I
)-"-
County of Minidoka
) ss.
STATE OF IDAHO
f) (J1lA r.:d :t:G:...! Iv tic
On this day of May, 2003 , before me the undersigned, a Notary
Public in and for said State , personally appeared- !:I!nA\\RQ ICn,C, as Board President
known to me to be the Board President, of Riverside Electric Limited, the Corporation
that executed the instrument or the person who executed the instrument on behalf of
said Corporation, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal on the day and year in this instrument first above written.
(SEAL)
SERVICE AREA STABILIZATION AGREEMENT - 6
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Riverside.ServlceAgree2a.wpd
EXHIBIT"
(Description of Line Dividing Service Territories)
TOWNSHIP 10 SOUTH, RANGE 23 EAST, BOISE MERIDIAN, MINIDOKA COUNTY,
IDAHO.
SECTION 15 &
SECTION 22:ELECTRICAL SERVICE AREA EASTERN BOUNDARY LINE
SITUATED WITHIN SECTIONS 15 AND 22 AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 15 , MARKED BY
AN ALUMINUM SURVEY CAP AND RUNNING THENCE ALONG THE EAST LINE
THEREOF SOUTH 0023'16" EAST 1324.90 FEET TO THE NORTHEAST CORNER
OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 15;
THENCE ALONG THE EAST LINE THEREOF SOUTH 0023'26" EAST 1324.89 FEET
TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE THEREOF SOUTH 89036'35" WEST 670.
FEET TO THE INTERSECTION THEREOF WITH THE CENTERLINE OF THE
MINIDOKA IRRIGATION DISTRICT LATERAL 434;
THENCE ALONG SAID CENTERLINE AS FOLLOWS:
SOUTH 160 12'54" WEST 28.77 FEET;
SOUTH 510 07'09" WEST 18.79 FEET;
NORTH 880 54'24" WEST 136.66 FEET;
SOUTH 48001'12" WEST 29.72 FEET;
SOUTH 0024'40" WEST 923.92 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE, AND THE SOUTHWESTERLY
EXTENSION THEREOF, SOUTH 46011 '59" WEST 629.77 FEET TO THE
INTERSECTION OF SAID SOUTHWESTERLY EXTENSION WITH THE EAST LINE
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 15;
THENCE ALONG LAST SAID EAST LINE SOUTH 00 14'35" EAST 115.47 FEET TO
THE INTERSECTION THEREOF WITH THE NORTH LINE OF THAT REAL
SERVICE AREA STABILIZATION AGREEMENT - 7
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServlceAgree2a.wpd
PROPERTY CONVEYED AS PARCEL No.1 TO LARRY & PAM JENSEN AND TO
RANDY & JULIE JENSEN BY THE WARRANTY DEED RECORDED APRIL 30, 1998
AS INSTRUMENT No. 435063, MINIDOKA COUNTY RECORDS;
THENCE ALONG LAST SAID NORTH LINE SOUTH 89033'47" WEST 1321.16 FEET
TO THE INTERSECTION THEREOF WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15;
THENCE ALONG LAST SAID WEST LINE SOUTH 0009'12" EAST 1122.90 FEET TO
THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 22;
THENCE ALONG THE NORTH LINE THEREOF NORTH 89033'48" EAST 1322.
FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22;
THENCE ALONG THE EAST LINE THEREOF SOUTH 0024'13" EAST 259.77 FEET
TO THE INTERSECTION THEREOF WITH THE APPROXIMATE CENTERLINE OF
LD. LATERAL 434;
THENCE ALONG SAID APPROXIMATE CENTERLINE AS FOLLOWS:
NORTH 830 11 '33" WEST 141.25 FEET;
SOUTH 62006'51" WEST 40.00 FEET;
SOUTH 130 05'51" WEST 52.00 FEET;
SOUTH 12027'09" EAST 175.00 FEET , AND
SOUTH 40004'51" WEST 262.23 FEET TO THE INTERSECTION THEREOF WITH
THE EAST AND NORTH LINE OF THAT REAL PROPERTY CONVEYED TO THE
CITY OF HEYBURN BY THE WARRANTY DEED RECORDED AUGUST 5, 1998 AS
INSTRUMENT No. 436727, MINIDOKA COUNTY RECORDS;
THENCE ALONG SAID EAST AND NORTH LINE SOUTH 0020'54" EAST 53.29 FEET
AND NORTH 890 39'06" EAST 176.49 FEET TO THE WEST LINE OF THE FOXBORO
SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED MAY
22,1995 AS INSTRUMENT No. 418537, MINIDOKA COUNTY RECORDS;
THENCE ALONG LAST SAID WEST LINE SOUTH 28038'11" EAST 68.13 FEET TO
THE INTERSECTION THEREOF WITH THE SOUTH LINE OF SAID LANDS OF THE
CITY OF HEYBURN;
SERVICE AREA STABILIZATION AGREEMENT - 8
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Riverside.ServiceAgree2a.wpd
THENCE ALONG LAST SAID SOUTH LINE SOUTH 89039'06" WEST 305.29 FEET
TO THE INTERSECTION THEREOF WITH THE AFORESAID APPROXIMATE
CENTERLINE OF M.LD. LATERAL 434;
THENCE ALONG SAID APPROXIMATE CENTERLINE AS FOLLOWS:
SOUTH 40004'51" WEST 216.95 FEET;
SOUTH 510 54'51" WEST 1 00.00 FEET;
SOUTH 220 19'51" WEST 141.00 FEET;
SOUTH 510 22'51" WEST 124.00 FEET, AND
SOUTH 62023'51" WEST 200.00 FEET TO THE INTERSECTION THEREOF WITH
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 22;
THENCE ALONG LAST SAID NORTH LINE SOUTH 89040'53" WEST 353.74 FEET
TO THE NORTHWEST CORNER THEREOF;
THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22 SOUTH 0027'34" EAST 1317.87 FEET TO
THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 22;
THENCE ALONG THE NORTH LINE THEREOF NORTH 89047'58" EAST 1320.
FEET TO THE NORTHEAST CORNER THEREOF;
THENCE ALONG THE EAST LINE THEREOF SOUTH 00 17'32" EAST 1320.38 FEET
TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22;
THENCE ALONG THE SOUTH LINE THEREOF SOUTH 89048'17" WEST 1318.
FEET TO THE SOUTHEAST CORNER OF GOVERNMENT LOT 5 OF SAID SECTION
22;
THENCE ALONG THE SOUTH LINE OF SAID LOT 5 SOUTH 89048'17" WEST 430.
FEET, MORE OR LESS, TO THE NORTHEASTERN BANK OF THE SNAKE RIVER.
SERVICE AREA STABILIZATION AGREEMENT - 9
C:\Documents and Settlngs\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd
EXHIBIT
(Area of Map Depicting Dividing Line Between Service Territories)
MAP IN CASE FILE
SERVICE AREA STABILIZATION AGREEMENT -
C:\Documents and Settings\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd
EXHIBIT
(Customers to be Changed by This Agreement)
Customer
Ed Krause
Address Past Provider
1602 "A" St. Heyburn
Heyburn, 1083336
New Provider
Riverside
Gibson Truck & Auto 1840 Highway 30 Riverside
Heyburn , 1083336
Heyburn
SERVICE AREA STABILIZATION AGREEMENT -
C:\Documents and Settlngs\Steve\My Documents\HEYBURN\Heyburn.Rlverslde.ServiceAgree2a.wpd