Legals August 15, 2016
Notice of Trustee's Sale Idaho Code 45-1506 Today's date: June 29, 2016 File No.: 7023.116383 Sale date and time (local time): November 7, 2016 at 10:00 AM Sale location: in the Veteran's Plaza outside the north entrance of the administrative building, 451 Government Way, Coeur d'Alene, ID 83814 Property address: 1626 East Silver Spur Road Athol, ID 83801 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Rodney D Ledbetter Jr, a single person Original trustee: Pioneer Title Company Original beneficiary: Wells Fargo Bank, N.A. Recording date: 09/18/2009 Recorder's instrument number: 2232622000 County: KOOTENAI Sum owing on the obligation: as of June 29, 2016: $156,354.36 Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that the Successor Trustee will sell at public auction to the highest bidder for certified funds or equivalent the property described above. The property address is identified to comply with IC 60-113 but is not warranted to be correct. The property's legal description is: A parcel of land in the South half of the Northwest quarter of Section 18, Township 52 North, Range 3 W.B.M., Kootenai County, State of Idaho; more particularly described as: Beginning at the West quarter corner of said Section 18; thence along the West boundary of said Southwest quarter of the Northwest quarter, North 1 degree 23'44" East, 740.20 feet to a point; thence North 89 degrees 55'50" East, 588.50 feet to a point; thence South 1 degree 23'44" West, 741.0 feet to a point on the East-West centerline of said Section 18; thence along said East-West centerline, North 89 degrees 58'55" West, 588.50 feet to the Point of Beginning. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. Ledbetter, Rodney D. Jr. (TS# 7023.116383) 1002.287629-File No. LEGAL 5949 JULY 25, 2016 AUGUST 1, 8, 15, 2016
PUBLIC NOTICE The Idaho Transportation Department (ITD) announces the following proposed Disadvantaged Business Enterprise (DBE) Program Annual Participation Goal (APG) on United States Department of Transportation (USDOT) Federal Highway Administration (FHWA)-assisted contracts. The proposed goal for Federal Fiscal Year 2017 through Federal Fiscal Year 2019 is 7%. This goal was developed based on data obtained in ITD's updated Disparity and Availability Study and annual goal-setting methodology process. ITD has filed information regarding the methodology used in the establishment of this APG with FHWA. This information is available for inspection at the ITD Office of Civil Rights, 3311 West State Street, Boise, Idaho during normal business hours for 30 days following the date of this notice. Comments may be sent for 45 days following the date of this notice to: Liz Healas, DBE Program Coordinator, PO Box 7129, Boise, ID 83707-1129; or to Michael Caliendo, FHWA Civil Rights Specialist/Program Analyst, 3050 Lakeharbor Lane, Suite 126, Boise, ID 83703. LEGAL 6113 AUGUST 15, 2016
NOTICE OF HEARING ON NAME CHANGE (Adult) Case No. CV16-5493 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: JENNIFER LYNN WESTERVELT A Petition to change the name of JENNIFER LYNN WESTERVELT, now residing in the City of COEUR D' ALENE, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to JENNIFER LYNN KEENAN. The reason for the change in name is: I divorced in 1999 and would like to go back to my maiden name. A hearing on the petition is scheduled for 1:30 o'clock P.M. on 9/12/16 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date :7/26/16 JIM BRANNON CLERK OF THE DISTRICT COURT By LISA DIXON Deputy Clerk LEGAL 6002 AUGUST 1, 8, 15, 22, 2016
SUMMONS CASE NO. CV 2016-3673 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE GUARDIANSHIP OF: MARLEE ELIZABETH STEVENS, d.o.b. 02-22-2012, McKENNA JOE STEVENS, d.o.b. 09-20-2013, Children under 18 years of age. NOTICE: YOU HAVE BEEN SUED BY THE PETITIONER. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW. TO: EMILIE GRACE STEVENS, natural mother of minor children. You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above designated court within 20 days after service of this Summons on you. If you fail to so respond the court may enter judgment against you as demanded by the Petitioners in the Petition. A copy of the Petition is served with this Summons. If you wish to seek the advice or representation of an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected. An appropriate written response requires compliance with Rule 10(a) (1) and other Idaho Rules of Civil Procedure and shall also include: 1. The title and number of this case. 2. If your response is an Answer to the Petition, it must contain admission or denials of the separate allegations of the Petition and other defenses you may claim. 3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney. 4. Proof of mailing or delivery of a copy of your response to Petitioner's attorney, as designated above. To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named court. WITNESS My hand and seal of aid District Court this 13 day of May, 2016. CLERK OF THE DISTRICT COURT JIM BRANNON By: /s/___________ DEPUTY CLERK LEGAL 6030 AUGUST 1, 8, 15, 2016
Notice of Lien Sale August 12, 2016, A Lien sale on 1983 Ford F150 Vin#1FTDF15GXDP809333, 2004 DODGE STRATUS Vin# 1B3EL36RX4N265622, 1995 Buick Park Avenue Vin # 1G4CW52KXSH661560, 2000 Ford Ranger Vin#4C3AG52H15E02194 2004 Chrysler Sebring Vin# 4C3AG52H15E021954. Located at 280 W. Kathleen Ave Coeur D' Alene, Idaho. LEGAL 6027 JULY 30, 2016 AUGUST 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 15, 2016
NOTICE OF ORDINANCE ADOPTION The Board of Commissioners of Kootenai County, Idaho hereby gives notice of the adoption of Kootenai County Ordinance 497. The full text of the ordinance addresses the following subject: AN ORDINANCE OF KOOTENAI COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF IDAHO, RELATING TO MOTOR VEHICLES AND SNOWMOBILES; RE-ADOPTING TITLE 49, IDAHO CODE, AS THE MOTOR VEHICLE LAWS OF THE UNINCORPORATED AREA OF KOOTENAI COUNTY, PROHIBITING THE USE OF COMPRESSION BRAKES ON CERTAIN DESIGNATED ROADWAYS WITHIN THE UNINCORPORATED AREA OF THE COUNTY EXCEPT DURING EMERGENCIES AND PROVIDING THAT A VIOLATION SHALL CONSTITUTE AN INFRACTION, RE-ADOPTING REGULATIONS FOR THE OPERATION OF SNOWMOBILES ON CERTAIN ROADS WITHIN THE UNINCORPORATED AREA OF THE COUNTY, AND RE-ADOPTING REGULATIONS RELATING TO PARKING ON PUBLIC HIGHWAYS; PROVIDING REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The full text of Ordinance 497 is available at the Kootenai County Commissioners Office, 451 N. Government Way, Coeur d' Alene, ID 83814, weekdays, from 9:00 a.m. to 5:00 p.m. KOOTENAI COUNTY BOARD OF COMMISSIONERS ATTEST: JIM BRANNON, CLERK By:________________________ Daniel H. Green, Chairman By:________________________ Teri Johnston, Deputy Clerk LEGAL 6106 AUGUST 15, 2016
NOTICE OF HEARING ON NAME CHANGE (Minor) Case No. CV16-5713 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: OLIVIA KAYE WOLF A Petition to change the name of OLIVIA KAYE WOLF now residing in the City of POST FALLS, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to OLIVIA BELLE WOLF. The reason for the change in name is: Olivia is too common. A hearing on the petition is scheduled for 1:30 o'clock P.M. on 09/12/2016 at the KootenaiCounty Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: August 2nd, 2016 JIM BRANNON CLERK OF THE DISTRICT COURT By:Bobee Deglman Deputy Clerk LEGAL 6108 AUGUST15, 22, 29 ,2016 SEPTEMBER 5, 2016
SUMMARY OF ORDINANCE NO. 562 The city of Hayden, Kootenai County, Idaho, hereby gives notice of the adoption of Hayden Ordinance No. 561 an ordinance entitled "The Annual Appropriation Ordinance for the Fiscal Year Beginning October 1, 2016," appropriating the sum of $21,494,880, to defray the expenses and liabilities of the city of Hayden, Kootenai County, Idaho, for said fiscal year, authorizing a levy of a sufficient tax upon the taxable property and specifying the objects and purposes for which said appropriation is made; providing for a levy of a sufficient tax upon the taxable property within the City to yield $1,313,300 for the fiscal year beginning October 1, 2016; and providing that the ordinance be effective upon the publication of this Summary. The full text of the summarized Ordinance 562 is available at Hayden City Hall, 8930 N. Government Way, Hayden, Idaho 83835 in the office of the City Clerk. Abbi Landis, City Clerk LEGAL 6110 AUGUST 15, 2016
CITY OF RATHDRUM, IDAHO ORDINANCE NO. _____ AN ORDINANCE GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILITIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LOCATE, CONSTRUCT, INSTALL, OWN, OPERATE, MAINTAIN, REPAIR, AND REPLACE POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DISTRIBUTION OF ELECTRICITY WITHIN THE CITY. Avista Corporation dba Avista Utilities ("Avista"), a Washington Corporation authorized to do business within the state of Idaho, has filed with the City of Rathdrum State of Idaho (the "City") a written application for a renewal of its Franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under, along and across all of City's rights- of-way and public property in the City for the purposes of the transmission, control and distribution of electricity within the City; and the City has determined it is in the interest of persons and businesses in this jurisdiction to have access to Avista's services; THEREFORE, THE CITY OF RATHDRUM DOES ORDAIN: SECTION 1.0 DEFINITIONS For the purposes of this Franchise the following terms, phrases, words and their derivations 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 will be given their common and ordinary meaning. Avista: means Avista Corporation, dba Avista Utilities, a Washington corporation, and its respective successors, assigns, agents and contractors. City: means the City of Rathdrum, a municipal corporation of the State of Idaho, and its respective successors and assigns. Commission: means the Idaho Public Utilities Commission or such successor regulatory agency having jurisdiction over investor-owned public utilities in the State of Idaho. Days: means business days. Effective Date: means the date of legal publication of this Ordinance, upon which the rights, duties and obligations of this Franchise will come into effect, and the date from which the time requirement for any notice, extension and/or renewal will be measured. Facilities: means, collectively, any and all electric transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to poles, towers, overhead and underground wires and cables, conduits, services, vaults, transformers, 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, and control of electricity, whether the same be located above or below ground. Franchise: means the grant by the City of rights, privileges and authority embodied in this Ordinance. Franchise Area: means 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, easements, and highways that may hereafter be laid out, platted, dedicated, acquired or improved; * 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; and * any other specifically designated City-owned property. Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading, examining, testing, self-inspecting, and removing Avista Facilities, vegetation management, digging and excavating, and restoration of affected Right-of-way surfaces. Parties: means City and Avista collectively. Party: means either City or Avista individually. Person: means a business entity or natural person. Right-of-way: means the surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, utility easement and/or Right-of-way now or hereafter held or administered by the City. State: means the State of Idaho. Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission during the term of this Franchise in effect upon execution and throughout the term of this Franchise. SECTION 2.0 GRANT OF FRANCHISE 2.1 Grant City hereby grants to Avista the right, power, privilege and authority to enter upon all roads, Rights-of-way, streets, alleys, highways, public places or structures, lying within the Franchise Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, transmitting and distributing electricity, as may be necessary to provide electric service. 2.2 Effective Date This Ordinance will be effective as of the date of approval, passage and publication as required by law. 2.3 Term The rights, privileges and Franchise granted to Avista will extend for a term of 15 years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for up to a twenty-five (25) year term, or terminated by either Party, with not less than 180 days prior written notice to the other Party. 2.4 Non-Exclusive Franchise This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from granting other franchises within the Franchise Area that do not interfere with Avista's rights under this Franchise. City may not, however, award an electric franchise to another party under more favorable or less onerous terms than those of this Franchise without this Franchise being amended to reflect such more favorable or less onerous terms. 2.5 Notice of City's Intent to Compete with Avista In consideration of Avista's undertaking pursuant to this Franchise, the City agrees that in the event the City intends to engage in the business of providing Electric service during the life of this Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista with six (6) months' notice of such action. 2.6 Assignment of Franchise Avista shall have the right to assign its rights, benefits and privileges under this Franchise. Any assignee shall, within thirty (30) days of the date of any assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. As permitted by law and Commission regulation, Avista shall have the right, without notice to or consent of the City, to mortgage or hypothecate its rights, benefits and privileges in and under this Franchise as security for indebtedness. 2.7 Franchise Taxes, Fees and Costs Avista shall pay all permitting, license fees, costs and/or utility privilege taxes which it might be required to pay in connection with the issuance, maintenance, existence, continuation, or use of this Franchise, to the extent permitted by State law or City ordinance now in effect or enacted during the term of this Franchise. The City reserves the right to designate the time and manner of payment of such fees, costs or taxes owed by Avista in connection with this Franchise. To the extent that any Franchise fees, taxes or other costs are imposed on Avista, City shall impose equivalent charges, fees, taxes or costs upon any other franchisee in a comparable business or otherwise competing with Avista. 2.8 Franchise Fees As compensation for the Franchise granted by this ordinance, Avista shall pay to the City an amount equal to one percent (1%) of the annual gross revenue collected by Avista from its customers for electricity consumed within the City to be paid quarterly. Gross revenue will be computed by deducting from the total electric billings of Avista the total net write-off of uncollectible accounts. The City has the right to increase its Franchise fee up to three percent (3%), by obtaining Avista's approval or the approval of a majority of the City voting on the question at an election held in accordance with Chapter 4, Title 50, Idaho Code. Any such vote to increase the Franchise fee hereunder shall provide that the increased Franchise fee will apply to any electric service provider (other than the City), who utilizes the City's Right-of-way to provide electric service within the City, during the term of this Franchise. If Grantee fails to pay the Franchise fee to the City within thirty (30) days of the end of each calendar quarter, Grantee shall pay a penalty in the amount of five percent (5%) of the amount due. SECTION 3.0 AVISTA'S OPERATIONS AND MAINTENANCE 3.1 Compliance with Laws, Regulations, Codes and Standards In carrying out any authorized activities under the privileges granted by this Franchise, Avista shall meet accepted industry standards and codes and shall comply with all applicable laws, regulations and ordinances of any governmental entity with jurisdiction over Avista's Facilities and operations in the Franchise Area. This includes all applicable, laws, regulations and ordinances existing as of the Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over Avista's operations within the Franchise Area. The City shall have the right to make and enforce reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Prior to the adoption by the City of any new rule, procedure or policy affecting Avista's operations under the Franchise, the City shall provide Avista a written draft document for comment with a response period of not less than thirty days. Service shall be supplied to the City and its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subsequently filed with and approved by the Commission. 3.2 Facility Location by Avista and Non-Interference Avista shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable electric service, subject to the following non-interference requirements. All construction, installation, repair or relocation of Avista's Facilities performed by Avista in the Franchise Area will be done in such a manner as not to interfere with the existing construction and maintenance of other utilities including drains, drainage ditches and structures, irrigation ditches and structures located therein, nor with the grading or improvement of the Franchise Area. 3.3 Facility Location Information Avista shall provide the City, upon the City's reasonable request, Facility location information in electronic or hard copy showing the location of its Facilities at specific locations within the Franchised Area, to the extent such information is reasonably available. Avista does not warrant the accuracy of any such Facility location information provided and, to the extent the location of Facilities are shown, such Facilities may be shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing stated in this Franchise is intended (nor shall be construed) to relieve either party of their respective obligations arising under the State one-call law with respect to determining the location of existing underground utility facilities in the vicinity of such excavation, prior to commencing work. 3.4 Vegetation Management -- Trimming/Removal of Trees State law requires electric utilities to comply with the National Electric Safety Code, including the guidance in the Code for the trimming or removal of vegetation interfering or potentially interfering with energized power lines. The right of Avista to maintain its Facilities and appurtenances under this Franchise shall accordingly include the right, as exercised in Avista's professional discretion, to utilize an integrated vegetation management program to minimize the likelihood that vegetation encroaching (either above or below the ground) on Avista's facilities can lead to power outages and other threats to public safety and welfare. Avista or its agents may, without recourse or payment of compensation, inhibit the growth of, prune, or remove any trees and vegetation which overhangs or encroaches upon its Facilities and/or electric transmission and distribution corridors within the Franchise Area, whether such trees or vegetation originate within or outside of the Right-of-way. Nothing contained in this Section shall prevent Avista, when necessary from pruning or removing any trees which overhang the Franchise Area and may interfere with Avista's Facilities. 3.5 Right of Excavation For the purpose of implementing the privileges granted under this Franchise, and after any required notification is made to the City, Avista is authorized to make any necessary excavations in, under and across the streets, alleys, roads, Rights-of-way and public grounds within the Franchise Area. Such excavation shall be carried out with reasonable dispatch and with as little interference with or inconvenience to the public as may be feasible. Avista shall remove all debris stemming from excavation and construction. The Right-of-way surface shall be restored by Avista to its original state of improvement after excavation, in accordance with applicable City and Avista specifications. 3.6 Emergency Work In the event of an emergency requiring immediate action by Avista to protect the public health and safety or for the protection of its Facilities, or the property of the City or other persons in the Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with concurrent notice to the City to the extent possible. SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS 4.1 Reservation of Right The City, in granting this Franchise, does not waive any rights which it may now have or may subsequently acquire with respect to road rights-of-way or other property of City under this Franchise, and this Franchise shall not be construed to deprive the City of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the City's roads, rights-of-way and other public property covered by this Franchise. Nothing in the terms of this Franchise shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of this State. 4.2 Necessary Construction/Maintenance by City The construction, operation and maintenance of Avista's Facilities authorized by this Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or doing other necessary road work contiguous to Avista's Facilities; provided that Avista shall be given not less than ten (10) business days' notice of said work, except in events of emergency when there exists an unforeseen and substantial risk or threat to public health, safety, welfare, or waste of resources, in which case the City will make reasonable efforts to contact Avista prior to doing said work; and provided further that the City, its agents and contractors shall be liable for any damages, including any consequential damages to third parties, caused by said work to any Facilities belonging to Avista. 4.3 Expansion of Avista's Facilities. Facilities in the City's Franchise Area that are incidental to the Franchise Area, or that have been, or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista shall be subject to all provisions of this Franchise. 4.4 Change of Boundaries of the City Any subsequent additions or modifications of the boundaries of the City, whether by annexation, consolidation, or otherwise, shall be subject to the provisions of this Non-exclusive Franchise as to all such areas. The City shall notify Avista of the scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective or in accordance with applicable state laws, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by this Franchise. 4.5 Removal of Abandoned Facilities During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own expense and as soon as practicable, but only where such abandoned Facilities constitute a demonstrated threat to public health and safety. Avista shall not be required to remove, or pay for the removal of facilities it has previously abandoned to another franchisee, or utility under a joint use agreement, or Person granted permission to access Avista's facilities. If Avista fails to remove designated abandoned facilities requested by the City within ninety (90) days, the City may hire a qualified contractor to remove those abandoned facilities with Avista to bear the reasonable and actual costs of such removal, provided however that the City shall be solely responsible for the actions of its contractor. 4.6 Vacation of Properties by City If, at any time, the City shall vacate any road, Right-of-way or other public property which is subject to rights granted by this Franchise, such vacation shall be subject to the reservation of a perpetual easement to Avista for the purpose of constructing, reconstructing, operating, repairing, upgrading and maintaining Avista's Facilities on the affected property, pursuant to Idaho Code 50-311. The City shall, in its vacation procedure, reserve and grant said easement to Avista for Avista's Facilities and shall also expressly prohibit any use of the vacated properties which will interfere with Avista's full enjoyment and use of said easement. 4.7 Pole Attachments by City City shall be permitted, upon reasonable notice to Avista to attach its traffic control signs, fire and police communications signal cables to Avista's poles in the Franchise Area, provided that the City signs and cables meet all conditions of a Joint Use Master License Agreement ("Joint Use Agreement") with Avista. Per the Joint Use Agreement, Avista will not charge a pole rental fee for City's non-revenue producing pole attachments that are dedicated for the public's benefit. All pole attachments by the City are at the City's own risk and must be attached in strict accordance with standard safety practices, codes and Avista specifications. If there is not sufficient space available on Avista's structures such structures may be changed, altered, or rearranged at the expense of the City so as to provide proper clearance and capacity for City facilities. Such City facilities shall be subject to removal or repositioning by Avista at the City's expense to the extent necessary for utility worker safety and the proper construction, maintenance, operation or repair of Avista's Facilities and appurtenances. City assumes all responsibility for the installation and maintenance of City's facilities installed on Avista's Facilities. SECTION 5.0 RELOCATION OR CONVERSION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, and when a Public Project, Avista shall relocate its Facilities as necessary within the Franchise Area or other City-owned property as specifically designated by the City for such purpose. For purposes of this provision, all reasonable efforts shall be made by the City, with input from Avista, to minimize the impacts of potential relocation. The City shall provide Avista reasonable notice of any intended or expected requirement or request to relocate Avista's Facilities. Said notice shall not be less than ninety (90) calendar days prior to any such relocation and, depending on the circumstances, may be greater than ninety (90) calendar days if necessary to allow Avista sufficient time for relocation. In cases of emergency, or where not otherwise reasonably foreseeable by the City, the notice requirements in this Section may be shortened by discussion and agreement between the Parties. The City shall use reasonable efforts to cause any such relocation to be consistent with any applicable long-term development plan(s) of the City. If, at any time, the City shall cause or require the alteration or the improvement of any road, Right-of-way or other public property which is subject to rights granted by this Franchise within the Franchise Area, Avista shall, upon written notice from the City change the location or readjust the elevation of its system and other Facilities so that the same shall not interfere with such work and so that such equipment and Facilities shall conform to such new grades or routes as may be established. In the event a relocation forces Avista off City's existing Public Right(s)-of-way then the City shall make a reasonable effort to accommodate such relocation by securing an acceptable, alternate location for utilities. If the City requires the subsequent relocation of any of Avista's Facilities within three (3) years from the date of relocation of such Facilities or installation of new Facilities, regardless of the cause for either the initial or subsequent relocation, the City shall bear the entire cost of such subsequent relocation. Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the City, the parties agree to meet and determine a reasonable relocation time, which shall not exceed the time normally needed for construction projects of the nature of the City's relocation request unless otherwise mutually agreed. Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that were (i) granted access to Avista's Facilities through a Joint Use Agreement or (ii) abandoned to another franchisee. Such relocation of these types of facilities shall be in accordance with Section 5.2 below. This Section shall not apply to Facilities in place pursuant to private easement held by Avista, regardless of whether such Facilities are also located within the Franchise Area. In the event the City requests relocation of Facilities that are in place pursuant to an existing easement, said relocation shall be treated in the same manner as a relocation requested by third parties under Section 5.2, below, with the City bearing the expense of relocation. 5.2 Relocation of Facilities Requested by Third Parties City acknowledges that Avista is obligated to provide electric service and related line extension, relocation or conversion of Facilities for the benefit of its Customers and to require compensation for such services on a non-preferential basis in accordance with applicable Tariffs. If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City shall not require Avista to relocate its Facilities until such time as a suitable location can be found and the third party has entered into an agreement to reimburse Avista for its reasonable costs of relocation. 5.3 Availability of Other Funds In the event federal, state or other funds are available in whole or in part for utility relocating purposes, the City agrees to use reasonable efforts to apply for such funds, provided such funds do not interfere with the City's right to obtain the same or similar funds, or otherwise create any expense or detriment to the City. The City may recover all costs, including internal costs, associated with obtaining such funds. 5.4 Temporary Relocation of Facilities Requested by Third Parties At the request of any Person holding a valid permit or other written permission from the City, and upon reasonable advance notice and payment by the permit holder of Avista's expenses of such temporary change, Avista will temporarily raise, lower or remove its Facilities as necessary to accommodate a permittee of the City desiring to move over-sized structures or equipment along or across the Right-of-way in the Franchise Area. 5.5 Conversion of Electric Distribution Facilities City, subject to applicable laws, rules, regulations and tariffs, may request that Avista convert from above ground to below ground wires, for the distribution of electricity underground after joint review with Avista and mutual agreement that such installation is feasible, practical and required for the public interest and safety. The incremental cost of such conversion of existing Facilities shall be borne and paid by the City or other party requesting the same, subject to law and such rules, regulations, and Tariffs of the Commission. It is expressly agreed by both Parties that this Section 5.5 does not apply to any conversion of transmission (69KV or above) infrastructure. SECTION 6.0 INDEMNITY 6.1 Indemnification of City Avista agrees to defend and indemnify the City, its appointed and elected officers and employees or agents, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that the City may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of Avista, its officers, employees or agents in connection with Avista's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages and losses were caused by or result from the negligence of the City, its elected officers and employees or agents. 6.2 Indemnification of Avista To the extent permitted by law, City agrees to defend and indemnify Avista, its officers and employees, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney's fees, that Avista may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of the City, its appointed and elected officers and employees or agents in connection with City's obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages, and losses were caused by or result from the negligence of Avista, its employees or agents. SECTION 7.0 FRANCHISE DISPUTE RESOLUTION 7.1 Non-waiver Failure of a Party to declare any breach or default of this Franchise immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the Party shall have the right to declare any such breach or default at any time. Failure of a Party to declare one breach or default does not act as a waiver of the Party's right to declare another breach or default. In addition, the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation and forfeiture for breach of the conditions of the Franchise. 7.2 Revocation and Forfeiture of Franchise If Avista shall willfully violate or fail to comply with the provisions of this Franchise through willful and unreasonable neglect or willful and unreasonable failure to heed or comply with any notice given Avista under the provisions of this grant, this Franchise may be revoked by the City and Avista shall forfeit all rights conferred under the Franchise; provided, however, the City shall give ninety (90) days' written notice of its intention to revoke the Franchise during which period Avista shall have the opportunity to remedy any breach. 7.3 Dispute Resolution by the Parties Disputes regarding the interpretation or execution of the terms of this Franchise that cannot be resolved by Department counterparts representing the Parties, shall be submitted to the City's Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely resolution cannot then be reached by the above process, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to a non-binding alternate dispute resolution process agreed to by the Parties. 7.4 Right of Enforcement No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judicial relief from a violation of any provision of the Franchise to recover monetary damages for such violations by the other party or to seek enforcement of the other Party's obligations under this Franchise by means of specific performance, injunctive relief or any other remedy at law or in equity pursuant to Section 7.4. Any litigation between the City and Avista arising under or regarding this Franchise shall occur, if in the state courts, in Kootenai County, Idaho, and if in the federal courts, in the United States District Court for the District of Idaho. 7.5 Attorneys' Fees and Costs Each Party shall pay for its own attorneys' fees and costs incurred in any dispute resolution process or legal action arising out of the existence of this Franchise. SECTION 8.0 GENERAL PROVISIONS 8.1 Franchise as Contract, No Third Party Beneficiaries This Franchise is a contract between the Parties and binds and benefits the Parties and their respective successors and assigns. This Franchise does not and is not intended to confer any rights or remedies upon any persons, entities or beneficiaries other than the Parties. 8.2 Force Majeure In the event that Avista is delayed in or prevented from the performance of any of its obligations under the Franchise by circumstances beyond Avista's control (Force Majeure) including, without limitation, third party labor disputes, fire, explosion, flood, earthquake, power outage, acts of God, war or other hostilities and civil commotion, then Avista's performance shall be excused during the period of the Force majeure occurrence. Avista will use all commercially reasonable efforts to minimize the period of the disability due to the occurrence. Upon removal or termination of the occurrence Avista will promptly resume performance of the affected Franchise obligations in an orderly and expeditious manner. 8.3 Prior Franchises Superseded As of the Effective Date this Franchise shall supersede all prior electric franchises for the Franchise Area previously granted to Avista or its predecessors by City, and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by franchise. Termination of the prior Franchise shall not, however, relieve the Parties from any obligations which accrued under said Franchise prior to its termination, including but not limited to, any outstanding indemnity, reimbursement or administrative fee payment obligations. 8.4 Severability The Franchise is granted pursuant to the laws of the State of Idaho relating to the granting of such rights and privileges by City. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Avista. 8.5 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.6 Supremacy and Governing Law This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Idaho. In the event of any conflict between this Franchise and any City ordinance, regulati
NOTICE OF AVAILABILITY OF LOW-INCOME HOUSING TAX CREDIT Notice is hereby given by Idaho Housing and Finance Association that the first application period for the year 2017 Low-Income Housing Tax Credit has been opened. Applications will be accepted through 5 p.m. on Friday, September 2, 2016. Rural $ 388,909 SpecialHousingNeed $ 583,363 Preservation $ 388,909 Non-Targeted $ 809,096 $ 2,170,277 Developers of affordable housing interested in applying for a Low-Income Housing Tax Credit Reservation may obtain a copy of the 2016 Allocation Plan and application form by contacting the Project Dept. Program Assistant, Idaho Housing and Finance Association, P.O. Box 7899, Boise, ID 83707-1899, telephone (208) 331-4769 or toll free (800) 219-2285, or for hearing impaired (800) 545-1833. A copy of the Allocation Plan and application is available on the Internet at www.idahohousing.com under Multifamily Housing/Low Income Housing Tax Credits. LEGAL 6112 AUGUST 15, 2016