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HomeMy WebLinkAbout1998 20 11 No. 498MICHAEL LAWLER, Plaintiff, vs. GRACE LAWLER, Defendant. THE STATE OF IDAHO SENDS GREETINGS TO THE ABOVE NAMED DEFENDANT. You are hereby notified that a Complaint has been filed in the District Court of the Sixth Judi- cial District of the State of Idaho in and for the County of Bannock (in the Magistrate Division thereof) by the above named Plaintiff and you are hereby directed to file a written answer to written motion in de- fense to the said Com- plaint within (20) twenty days of the service of Summons; and you are further notified that un- less you do so within the time herein speci- fied, the Plaintiff will take Judgment against you as prayed in said Complal it. The nature of the Com- plaint is: Divorce. Witness my hand and the seal of said District Court this 6 day of No- vember. sIJ. Jones J. Jones Deputy Clerk November 20, 27, 1998 December 4, 11, 1998 LN4185 ORDINANCE NO. 498 "AN ORDINANCE IN AC- CORDANCE WITH IDA- HO CODE 50-328, 50- 329 AND 50-329A GRANTING A FRAN- CHISE TO IDAHO POWER COMPANY, A CORPORATION, AND TO ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, MAIN- TAIN AND OPERATE IN AND UPON THE PRES- ENT AND FUTURE STREETS, HIGHWAYS AND OTHER PUBLIC PLACES WITHIN THE CORPORATE LIMITS OF THE CITY OF CHUBBUCK, IDAHO, ELECTRIC UTILITY PROPERTY AND FACILITIES FOR SUP- PLYING ELECTRICITY AND ELECTRIC SERV- ICE TO THE CITY, THE INHABITANTS THERE- OF, AND OTHERS FOR A TERM OF 25 YEARS, INCLUDING THE NON - "Grantee") the right have no responsibility and in such manner as tomer service from the pose of determining tice shall be required on (subject to the rights of for the costs of such re- not to impose any addi- Grantee as required by gross revenues under the part of City or Gran - the City set forth in Sec- locations. The Grantee tional expense upon the Idaho Public Utilities Section 9 above. tee to reopen the tion 14 hereof), privilege shall bear the cost of re- Grantee of its said poles Commission. SECTION 12. The fran- agreement pursuant to and franchise for a peri- locating its facilities at and facilities. Any such SECTION 9. As compen- chise fees paid by the this section. od of twenty-five (25) the City's request, un- wires of the City shall be sation for the right, privi- Grantee hereunder will SECTION 16. Any viola - years from and after less the facilities are to subject to interference lege and franchise be in lieu of and as pay- tion by the Grantee of January 1, 1999, how- be relocated forthe by the Grantee only hereby granted, Gran- ment for any tax or fee the provisions of this or - ever, with the right to benefit of a third party, when necessary in the tee agrees to pay to the Imposed by the City on dinance, franchise and amend by mutual in which case the third maintenance, operation City on or before the the Grantee by virtue of grant or any material agreement in accor- party shall pay the costs or repair of the Gran- 30th day of January, its status as a public portions thereof or the dance with Section 15, of relocation. In the ev- tee's own fixtures, wires, April, July and October, utility Including, but not failure promptly to per - to construct, maintain ent federal, state or facilities and appurte- an amount equivalent limited to, taxes, fees or form any of the provi- and operate in and other funds are avail- nances. to one percent (1%) of charges related to sions thereof shall be upon the present and able in whole or in part The City shall also have Grantee's "gross reve- easements, franchises, cause for the forfeiture future streets, alleys, for utility relocating pur- the authority to attach hues" for the preceding rights-of-way, utility lines of this franchise and highways and other poses, the City shall ap- banners, signs and calendar quarter. For and equipment installa- grant and all rights public places within the ply for such funds and flags to the poles of purposes of this Sec tion, maintenance and hereunder by the City corporate limits of the the Grantee will be re- Grantee hereunder; tion, "gross revenues" removal during the term after sixty (60) days' City, electric utility prop- imbursed to the extent provided, that such at- shall mean the amount of this franchise agree- written notice to the erty and facilities for any such funds are ac- tachments are in com- of money billed by the ment. Grantee and the con - supplying electricity to tually obtained. pliance with all applica- Grantee for the electrici- SECTION 13. The Gran- tinuance of such viola - the City, and the inhab- SECTION 4. It shall be ble safety codes and ty it sells within the cor- tee shall have the right tion, failure or default; itants thereof, and to lawful for the Grantee to the Rules and Regula- porate limits of the City and privilege, insofar as however, this provision persons and corpora- make all needful or con- tions of the Idaho Public to customers, less un- the City is able to grant shall not prevent the tions beyond the limits venient excavations Utilities Commission; collectibles. The City the same, in accor- Grantee from submit - of the City, including the and/or installations in and provided further, shall provide appro- dance with National Ar- ting such question of nonexclusive right to any of the present and that the City shall obtain priate information to the borist Association stan- violation or forfeiture to physically locate and future streets, alleys, advance approval from Grantee to allow the dards, of the pruning of the appropriate forum maintain telephone, ca- highways and other Grantee for any banner Grantee to identify all trees which overhang (which may include the ble, fiber optics or other public places within the which will attach to two which ct its customers the present and future district court having ju- communications facili- corporate limits of the or more of the Gran- are located within the streets, alleys, highways risdiction or the Idaho ties of the Grantee or City for the purpose of toffs poles. corporate limits of the and other public places Public Utilities Commis - other parties, (provided, erecting and maintain- SECTION 6. The Grantee City for t urposes of within the corporate lim- sion) for determination. that Grantee shall ing the posts, poles, shall at all times indem- paying franchise fees. its of the City, in such a SECTION 17. Sale, as - comply with the City's towers, or other sup- nify and hold the City, Grantee shall not be re- manner and to such signment or lease of requirements for cable ports for its wires or for its officers, employees sponsible for any failure extent as will prevent this franchise is prohibi- system franchises) all the purpose of laying, and agents, harmless to pay franchise fees the branches or limbs or ted without notification subject to the terms and maintaining and o0erat- fromtany and all ex- which results from defi- otherparts of such to the City. conditions hereinafter ing conduits, vaults and penses or liability arising ciencies in such infor- trees from touching or SECTION 18. The gran - specified. In the case of wires and other conduc- from or by reason of mation provided by the interfering with its wires, tee shall assume the annexation of property tors underground for the any negligent act or City. In the event the poles and other fixtures cost of publication of to the corporate limit, purpose aforesaid, or to omission of the Gran- City annexes a new and equipment. Howev- this franchise as such such area will be con- repair and improve such tee, its representatives area into its corporate er, except in an emer- publication is required sidered under this electric power and light or employees, in the limits, the terms of this gency, no pruning shall by law. agreement, upon effec- system and to extend construction, operation Section 9 regarding be undertaken without SECTION 19. The Gran- tive date of the annexa- the same; provided that or maintenance of any franchise fees shall not giving the occupant of tee shall within thirty tion, subject to Section when the Grantee or of the Grantee's electric apply to the annexed the adjacent property (30) days after final pas- t hereof. All such elec- any person or corpora- utility property or facili- area until sixty (60) days written or oral notice sage of this ordinance, tric utility property and tion under the authority ties. after the City has sup- that such pruning will be file with the City Clerk its facilities now maintained of this franchise, shall SECTION 7. Upon ac- plied the Grantee with performed. acceptance of this fran- by the Grantee within disturb any of said ceptance of this fran- appropriate information SECTION 14. In consid- chise in writing signed the streets, alleys, high- streets, alleys, highways chise by Grantee and for the identification of eration of Grantee's un- by its proper officers ways and other public or other public places before Grantee shall the Grantee's custom- dertaking hereunder as and attested by its cor- places within the corpo- for the purposes afore- have any rights hereun- ers within the annexed evidenced by its accept- porate seal. rate limits of the City said, he, it or they shall der, Grantee shall file area. ante hereof, the City SECTION 20. The exist - shall be deemed cov- restore the same to with the City Clerk a The Grantee's franchise agrees not to engage in ing franchise agree- ered by this ordinance good order and condi- Certificate of Insurance tee payment obligations the business of provid- ment between the City as provided herein. tion as soon as practi- evidencing General Li- hereunder shall com- ing electric service dur- and Grantee set forth in SECTION 2. All of the cable and without unne- ability Insurance which mence with the start of ing the life of this fran- Ordinance No. 12, dat- Grantee's electric prop- cessary delay and fail- covers claims for Bodily the Grantee's first full chise or any extension ed December 11, 1951, erty and facilities in and ing to do so after five Injury, Property Dam- billing cycle following the thereof in competition shall terminate upon upon the present and days' notice from the age and Personal In- effective date of this or- with the Grantee, its the adoption and ac - future streets, alleys, City, or its duly author- jury. Such insurance dinance; provided, that successors and assigns; ceptance of this ordi- highways and public ized officer or officers, shall have minimum the Grantee must first but nothing herein con- nance, places within the corpo- then the City may place limits of $1,000,000 per receive approval from tained shall be con- SECTION 21. Inasmuch rate limits of the City said street, alley, high- occurrence. The City of the Idaho Public Utilities strued or deemed to as the Grantee has shall be constructed way or public place in Chubbuck shall be Commission for the col- prevent the City from constructed and now is and at all times main- such condition at the named as as "Addition- lectiori of the franchise exercising at any time maintaining and operat- tained in good order cost and expense of al Named Insured" un- fee in the rates charged any power of eminent ing the electric utility and condition and in the Grantee, and said der Grantee's insurance by Grantee. domain granted to it property and facilities in accordance with stan- Grantee will forthwith policy. Should the mini- SECTION 10. The City under the laws of the and upon the streets, dard engineering prat- pay the full cost and ex- mum limits of insurance shall have the right dur- State of Idaho, The City alleys, highways, and tices and all applicable pense thereof upon de- as set forth herein be ing the term of this fran- shall not grant a fran- public places in the City, safety codes and lawful mand of the City. All increased above chise agreement to in- chise to another electric it is hereby adjudged governmental regula- facilities constructed un• $1,000,000, pursuant crease the franchise fee service provider during and declared that this finnc innhir inn all nnnli- rlpr this ordinnncA shall to thA Idahn Tnrt Claims hPrPundar un to thrAa thA term of this fran- nrdinanra is nacAGsary