For the purposes of this Franchise the following terms, phrases, words and their derivations shall have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning.
AVISTA: | Avista Corporation, dba Avista Utilities, a Washington Corporation, and its respective successors and assigns, agents and contractors. |
CITY: | The City of Rathdrum, a municipal corporation of the State of Idaho, and its respective successors, assigns, agents and contractors. |
COMMISSION: | The Idaho Public Utilities Commission or such successor regulatory agency having jurisdiction over investor-owned public utilities in the State of Idaho. |
DAYS: | Business days. |
EFFECTIVE DATE: | The date of legal publication of this Ordinance, upon which the rights, duties and obligations of this Franchise shall come into effect, and the date from which the time requirement for any notice, extension and/or renewal shall be measured. |
FACILITIES: | Collectively, any and all gas transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to, Gas plants, Gas pipes, pipelines, mains, laterals, conduits, services, regulators, valves, meters, meter-reading devices, fences, vehicular protection devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, storage and sale of Gas. |
FRANCHISE: | The grant by the City of rights, privileges and authority embodied in this Ordinance. |
FRANCHISE AREA: | The surface and space above and below all public property and rights- of-way owned or held by the City, including, without limitation, rights-of-way for: |
Public roads, streets, avenues, alleys, bridges, tunnels, City-owned easements, and highways that may hereafter be laid out, platted, dedicated, acquired or improved; and | |
All City-owned utility easements dedicated for the placement and location of various utilities, provided such easements would permit Avista to fully exercise the rights granted under this Franchise within the area covered by the easement. | |
GAS: | Natural, manufactured, renewable and/or mixed gases. |
MAINTENANCE, MAINTAINING, OR MAINTAIN: | Without limit, repairing, replacing, upgrading, examining, testing, inspecting, and removing Avista Facilities, vegetation management, digging and excavating, and restoration of affected Right-of-way surfaces. |
PARTIES: | City and Avista collectively. |
PARTY: | Either City or Avista individually. |
PERSON: | A business entity or natural person. |
RIGHT-OF-WAY: | The surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, City-owned utility easement and/or right-of-way now or hereafter held or administered by the City. |
STATE: | The State of Idaho. |
TARIFF: | The rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission in effect upon execution and throughout the term of this Franchise. (Ord. 604, 11-10-2021) |