Legal Notices in this week's print edition, updated 10-28-26    SUMMARY OF FERDINAND CITY ORDINANCE NO. 2026-5 TAKE NOTICE that on October 20, 2026, the Mayor and City Council of the City of Ferdinand duly approved and adopted Ferdinand City Ordinance No. 2026-5 providing for Avista Corporation’s non-exclusive franchise for distribution of electricity within the City of Ferdinand. Pursuant to Idaho Code § 50-901A, a summary of said ordinance is hereby published as follows: Name of City: City of Ferdinand, Idaho County, Idaho. Identification of Ordinance: Ferdinand City Ordinance No. 2026-5. Descriptive Title: Avista Franchise Ordinance. Summary of Principal Provisions of Ordinance: The following is a summary of the principal provisions of the ordinance: RECITALS: Providing recitals, findings, and statement of authority. SECTION 1: Providing definitions. SECTION 2: Granting Avista Corporation, dba Avista Utilities ("Avista"), a Washington Corporation, a non-exclusive franchise 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 within the city for a period of 25 years, subject to renewal or earlier termination. Providing that the Ordinance shall be effective upon its approval, passage, and publication as provided by law; providing non-exclusive franchise terms and conditions; providing for notice in the event of the city’s intent to compete; providing for assignment of franchise; providing for payment of franchise taxes, fees, and costs. SECTION 3: Providing for Avista’s operation and maintenance under the franchise; providing for compliance with applicable laws, regulations, codes, and standards; providing for facilities location, non-interference, and information; providing for vegetation management and trimming/removal of trees; providing rights of excavation; providing for emergency work. SECTION 4: Providing for reservation of city’s rights and powers; providing for necessary construction and maintenance by city; providing for expansion of Avista’s facilities; providing for change in city boundaries; providing for removal of abandoned facilities; providing for vacation of properties by city; providing for pole attachments by city. SECTION 5: Providing for relocation or conversion of Avista’s facilities; providing for allocation and payment of costs of relocation; providing for conversion of electric distribution facilities. SECTION 6: Providing for defense and indemnity obligations of Avista and city under the franchise; providing exceptions; providing for insurance. SECTION 7: Providing for non-binding dispute resolution in the event of unresolved disputes; providing for venue and jurisdiction for lawsuit arising from the franchise in the District Court, Idaho Second Judicial District, and for Idaho County; providing that each party will bear their own costs and attorney fees in the event of a lawsuit; providing for enforcement. SECTION 8: Providing general provisions; providing that there are no third-party beneficiaries under the franchised; providing for force majeure; providing for severability of Ordinance; providing for amendments; providing for supremacy of governing law; providing for section headings; providing for Avista Utilities’ acceptance of the franchise and time limit for acceptance; providing city’s remedies in the event of non-acceptance; providing for abandonment or suspension of franchise rights and obligations; providing for franchise effective date; providing for city’s non-appropriation of funds; providing for repeal of conflicting ordinances. Effective Date: The ordinance shall be effective upon the date of initial publication of this summary in the Idaho County Herald as provided by law after approval and adoption of the Ordinance by the mayor and city council. A copy of the full text of the Ordinance is available at the Ferdinand City Hall, c/o City Clerk, P.O. Box 115, Ferdinand, ID 83526, Phone: 208-962-5640. CITY OF FERDINAND Date: 10-20-2026 By: Angie Riener, City Clerk Published in the Cottonwood Chronicle Oct. 29, 2026 |
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