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HomeMy WebLinkAbout12 11 1951 CM BMINUTES OF i.r.~,,.~TING OF THE BOARD OF THUSTEES OF THE VILLAGE OF CHUBBUCK, IDAHO Chubbuck, Idaho,~e.~/J , A regular meeting .of the Board of Trustees of the Village of Chubbuck, Idaho, was held on ths above date at .~' Chairman John H Valenty presided· fellowing Trustees present, namely: o'clock, -~M, in the ..,~.i~. ~ in said Village. The roll was called and showed the 1951. were had: After the meeting had been duly called to order, the following proceedings The following application for an electric light, heat, and power franchise was received from Idaho Power Company: "To The Honorable Chairman and Board of Trustees Chubbuck, Idaho Gentlemen: Idaho Power Company, lawfully engaged in doing business in the State of Idaho as an electrical public utility, generating, transmitting andfurnishing electric power and energy for light, heat, power, and other purposes, hereby makes application to your Honorable Board for a general electrical franchise within the Village of Chubbuck, Idaho. Yours respectfully, (CORPORATE SEAL) ATTEST: IDAHO POWER COMPANY, By /s/ T E Roach President. /s/ A C Inman Secretary.. The following proposed ordinance in writing was presented by Trustee and read fully and distinctly by the Clerk: AN ORDINANCE GRANTING TO IDAHO POWER C0MPAzN¥, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POIfER FRANCHISE° BE IT ORDAINED BY THE CHAIF~MAN AND BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO, THAT: Section 1. There is hereby granted to Idaho Power Company, its successors and assigns (herein called the Grantee), the right, privilege or franchise for a term of fifty years from the date of passage hereof, to con- struct, maintain and operate in the present and future streets, alleys and public places in the Village of Chubbuck, Bingham County, Idaho, and its successors, electric light and power lines, together with all the necessary wires, transmission lines and telegraph and telephone lines for its o~m use), for the purpose of supplyinf electricity to said Village, the inhabitants thereof and persons and corporations beyond the limits thereof, for light heat~ power and other purposes. Section 2. Poles and towers shall be constructed in a good and sub- stantial manner, and shall be so erected as to interefere as little as possible with traffic over streets and alleys. The location of poles, towers and con- duits shall be fixed under the supervision of the Board of Trustees of the Village, but not so as to interfere unreasonably with the proper operation of the Grantee's lines. Section 3. The Grantee shall indemnify and save the Village harm- less from any and all expense or liability which may accrue to it by reason of the negligence or misconduct of the Grantee in the construction~ operation or maintenance of its system hereunder. Section 4. The Grantee shall file with the Clerk of the Board of Trustees of the Village an acceptance in writing of this franchise, on or before thirty days after the final passage hereof. Section 5. This ordinance shall take effect upon approval by the Chairman of the Board of Trustees, acceptance as required herein, and publi- cation within one month after its passage. PASSED by the Board of Trustees. of the Village of Chubbuck, Bannock County, Idaho, this ~ day of ~'.~ ", 1951. (CORPO~RATE SEAL) ATTEST: Clerk Of' the Board of Trustees 9f the V.illage~of Chubbuck, Idaho. C}iairman of the Board of Trustees of t~e V%llage of Chubbuck, Idaho. aT.ATE OF ~D~o ) ) ss COUt~T~ oF ~(X~ ) I, the undersigned, the duly qualified and acting Clerk of the Board of Trustees of the Village of Chubbuck, Idaho, do hereby certify that the foregoing, consisting of one page, is a full, true and correct copy of an ordinance adopted by the Board of Trustees of sa~ Village at a meeting duly held therein on the / J day of .... ~' .... · , 1951. IN WITNESS W~d'~OF, I have hereunto set my hand and afire%xed. the corporate seal of said Village on ~this the . // day of~ , 1951. After the consideration of the above ordinauce, Trustee !/1.(.'~ ~' ~ presented the following resolution in writing, and after it was read to the meeting, moved its~ adoption: "W~, this Board believes that no beneficial purpose will be served by reading the above ordinance - relating to ~u electric franchise to be granted to Idaho Power Company, its successors and assigns - at meetings of this Board on three different days; "NOW, TH~JgFORE, BE IT RESOLVED BY TP~ CHAI~N AND BOARD OF TRUSTEE~ OF THE VILLAGE OF CHUBBUCK, IDAHO: That the requirements of Section 50-200~, Idaho Code, and also the requirements of any laws, rules or regulations of this Board or Village, requiring ordinances to be fully and distinctly read on three different days, be, and the same are hereby, dispensed with insofar as they relate to the foregoing proposed ordinance granting to Idaho Power Company, its successors and assigns, an electric light, heat, and power franchise, and this Board shall ~mmediatelytake action on the adoption of said ordinance." The motion to adopt the above resolution was seconded by Trustee ~';' x~''.-'''~ .'d and a "yea" and "nay" vote was thereupon taken upon the adoption of the resolution with the following result: Those voting "yea" or in favor of the adoption of the resolution: ~-- ~ · / , ~ , ~ Those voting "nay" or against the adoption of the resolution: More than three fourths of the Trustees elected to the Board having voted in favor of the adoption of the resolution, it was declared adopted, and ordered spread at length on the minutes. Trustee ,''~ " - - thereupon moved that the proposed ordinance granting a franchise to Idaho Power Company as read by the Clerk, . be adopted. The motion was seconded by Trustee The roll was thereupon called and a "yea" and "nay" vote was taken with the following result: Those voting "yea" or in favor of the adoption of the ordinance: ? Those voting "nay" or against the adoption of the ordinance: A majority of the whole number of Trustees elected to the Board having voted in favor of the adoption of the ordinance, it was declared duly adopted and ordered spread at length on the minutes. The Chairman thereupon signed the ordinance, and the Clerk counter- signed it, affixed the corporate seal of the Village thereto, and attested it. The Clerk was instructed to cause a full and true copy of the ordinance as passed to be published within one month after its passage in at least one issue of the Idaho State Journal, a newspaper having a general circulation in the Village. There being no further business to come before the meeting, it was~ on motion duly made, seconded and carried, declared adjourned. erk of the Board o~Trus~ees~7 C~TIFICATE STATE OF IDAHO ) ) ss COUNTY OF ~C~ ) I, Charlotte Kennedy, the duly qualified and acting Clerk of the Board of Trustees of the Village of Chubbuck, Idaho, hereby certify that: 1. The foregoing, consisting of four pages, is a full, true and correct copy of that portion of the minutes of a regular meeting of the Board of Trustees of the Village of Chubbuck, Idaho, duly held in said Village on ~P~ ~, , 951, at .~ o'clock, ~ i ' ~_ M, at which meeting all the Trustees recited in the minutes as present were present during the entire meeting; that such portion of the minutes contains all parts of the minutes which relate to the regularity of the meeting or to any proceedings had with reference to the granting of an electric light, heat and power franchise in said Village to Idaho Power Company, its successors and assigns. 2. Said portion of the minutes contains a full, true and correct copy of: (a) Application of Idaho Power Company for a franchise; (b) The resolution dispensing with three readings of the proposed ordinance on three different days; and (c) The ordinance as adopted: as said application, resolution and ordinance appear of record and on file in my office. 3. Attached hereto is also a full, true and correct copy of the ordinance entitled "AN O~INANCE GRANTING TO IDAHO POWER COMPANY, ITS SUCCESSORSAND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND PO~F~NCHISE," passed by the Board of Trustees at the above mentioned meeting, as such ordinance appears on file in the records of 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 Board of Trustees requiring ordinances or franchises to be passed or adopted in any msn~er 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. Within one month after the passage of said ordinance, I caused a f~all, true and correct copy of the same to be published in the Idaho State Journal, which is a newspaper having a general circulation in said Village of Chubbuck, Idaho, and said ordinance was also posted in said Village, there being no newspaper published in said Village. 8. At the time of the passage of the above ordinance, the said Village of Chubbuck was a village d~ly incorporated under and governed by the general laws of the State of Idaho, and the Board of Trustees of said Village was composed of the following members: John ~ Valenty, Chairman Willis R Ward George F Gianinni Ernest Frasnre Ar thor Fenwick Charlotte Kennedy, Clerk 9. On ~"/'~ ~ 1951, being within thirty (30) days after the passage of said ordinance, the Grantee, Idaho Power Company, duly filed with me, as Clerk of the Board of Trustees of the said Village, its written acceptance of the franchise granted by said ordinance. IN WITNESS ~I~EOF. I hereunto set my hand and affix the corporate seal of said Village this J;~ day of~~____, 1951. IDAHO POWER COMPANY BOISE, IDAHO To The Honorable Chairn~m and Board of Trustees Chubbuck, Idaho Gentlemen: Idaho Power Company, lawfully engaged in doing business in the State of Idaho as an electrical public utility, generating, transmitting and furnishing electric power and energy for light, heat, power, and other purposes, hereby makes application to your Honorable Board for a general electrical franchise within the Village of Chubbuck, Idaho. Yours respectfully, IDAHO POW~ CO~AN~, (CORPOP~kTE SEAL) Secretary. President. The above application was received in duplicate and one original thereof was duly filed in my office as Clerk of the Board of Trustees of the Village of Chubbuck, Idaho, this ~' ·-~' day of _~. ~'! , 1951. ( CO?~OKATE ~EAL) C e k of the Board of/Trustees of/ the Village of Chubbuck, Idaho. IDAHO POWER COMPANY BOISE, IDAHO To The Honoraole Chairn~n and Board of Trustees Chubbuck, Idaho Gentlemen: Idaho Power Company, for itself, its successors and assigns, hereby accepts the franchise contained in the ordinance passed by your , Honorable Body on the / day of. , 1951, entitled: AN O~INANCE C~kNTING TO IDAHO POW~ki C~,~ANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGP~, AND PO~'~ F}~CEISE," according to all its terms and conditions, and files this, its ~itten acceptance of said ordinance, in accordance with the requirements thereof. Yours respectfully, iDAHO POW~A~ CO14PANY, (CORPOkATE SEAL) ATTF~ Secretary. By The above acceptance was received in duplicate, and one original thereof was duly filed in my office as Clerk of the Board of Trustees of the Village of Chubbuck, Idaho, this day of ,~ ~ 1951. ( C Ot'~P©F~ATE erk of the Board of-Trustees the Village of Chubbuck, Idaho.