CHAPTER 6
UTILITY OPERATION FRANCHISES

SECTION:

6-6-1: Grant Required

6-6-2: Application

6-6-3: Bond

6-6-4: Term Of Franchise

6-6-5: Rights Of City

6-6-6: Rights Of State

6-6-7: Lease Or Assign Franchises

6-6-8: Termination Or Forfeiture

6-6-9: Conditions And Restrictions

6-6-1: GRANT REQUIRED:

No person shall operate any water system, electric, telecommunication distribution system or gas distribution system over, under or upon any real property within the limits of the city, unless he or she shall have obtained a franchise therefor, pursuant to this chapter, except insofar as he or she may be entitled to do so by direct authority of the constitution or statutes of the state of Idaho or of the United States; provided, that nothing herein shall be construed to preclude a person presently operating such a system and holding a certificate of convenience and necessity therefor from operating such system within the territory to which said certificate pertains as of the date of enactment of this chapter. Where an existing electric, natural gas, telecommunication or water public utility exists, and no franchise has been applied for, the city, may adopt an ordinance creating such franchise. (Ord. 416, 5-21-2002)

6-6-2: APPLICATION:

An applicant for a franchise shall file with the council an application therefor, accompanied by a deposit of money to be set by the council to guarantee the payment of all expenses connected with such application, which application shall state the rights sought to be obtained and the amount of the bid of the applicant for such rights and privilege. If the city is applying for a franchise for an existing public utility, a fee need not be provided. Within thirty (30) days from the adoption, approval and publication of a franchise ordinance, the franchisee shall provide the Idaho public utilities commission with a certification of the franchise fee. (Ord. 416, 5-21-2002)

6-6-3: BOND:

The successful bidder for any franchise or privilege awarded hereunder shall file a bond running to the city if required by the council in a sum by it to be prescribed and set forth in the ordinance granting the franchise, conditioned that such bidder shall well and truly observe and faithfully perform each and every term and condition of such franchise and that in case of any breach or default of any condition of such franchise the city shall be entitled to actual damages suffered and incurred as the result of such breach or default and such damages shall be recoverable from the principal and surety upon such bond. (Ord. 416, 5-21-2002)

6-6-4: TERM OF FRANCHISE:

The maximum length of time for which a franchise may be granted to any person, except for railroads, shall be fifty (50) years. (Ord. 416, 5-21-2002)