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<br />I <br /> <br />TOWN OF TRUCKEE <br />California <br /> <br />ORDINANCE 2009-05 <br /> <br />I AN ORDINANCE OF THE TOWN COUNCIL GRANTING TO SIERRA PACIFIC <br />POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE <br />i FRANCHISE FOR THE CONTINUED USE OF TOWN RIGHTS OF WAY TO <br />rTRANSMIT AND CONDUCT ELECTRICITY WITHIN THE BOUNDARIES OF THE <br />TOWN OF TRUCKEE <br /> <br />i WHEREAS, Sierra Pacific Power Company, a corporation incorporated under the <br />laws of the State of Nevada, and duly entitled to transact a public utility business within <br />the State of California, has filed with the Town Council of the Town of Truckee, State of <br />California, an application for the franchise hereinafter set forth, and <br />, <br /> <br />I <br />I WHEREAS, Sierra Pacific Power wishes to construct, operate, maintain, upgrade, <br />repair, replace and use poles, wires, conduits, and appurtenances, including <br />co'mmunication circuits, necessary or proper therefore, In, along, across, upon, over and <br />urider the streets within the Town of Truckee, for the purpose of transmitting or distributing <br />electricity through the Town of Truckee, and serves a limited number of retail, wholesale, <br />re~ale or other electric customers located within the Town of Truckee; <br />, <br /> <br />I <br /> <br />i WHEREAS, said Town Council did, by Resolution duly passed and adopted at a <br />regular meeting of said Council, held on 16th day of July 2009, declare Its intention to <br />grant said franchise for said term of twenty five (25) years upon the terms and conditions <br />arid restrictions Imposed and required by law and, by said resolution, scheduled a public <br />hearing on the matter for August 20, 2009, and directed the Clerk of the Town Council to <br />publish notice thereof in accordance with legal requirements; and <br /> <br />I WHEREAS, the Town Council conducted a duly-notice public hearing on 20th day <br />ofl August, 2009 at which all persons haVing any objection to the granting of the <br />proposed franchise were allowed to appear before the Council and to be heard thereon. <br /> <br />NOW, THEREFORE, the Town Council of the Town of Truckee ORDAINS as <br />follows: <br /> <br />SECTION ONE: <br /> <br />I <br /> <br />Findings - The Town Council of the Town of Truckee hereby finds and <br />determines that the recitals contained above are true and correct <br /> <br />I Definitions - Whenever In this Ordinance the words or phrases hereinafter in <br />this section defined are used, It is intended that they shall have the respective <br />nieanings assigned to them in the following definitions (unless, In the given Instance, <br />the context wherein they are used shall clearly import a different meaning): <br /> <br />i <br /> <br />( <br />\ <br />'- <br /> <br />Page I of 10 <br />