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Legals December 1st, 2016

Coeur d'Alene Press | UPDATED 8 years, 3 months AGO
| December 1, 2016 10:00 PM

SUMMONS CASE NO. CV 2016-8055 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI CAREY PARKER JONES, Plaintiff, v. SARAH LYNN JONES, Defendant. NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF. THE COURT MAY ENTER JUDGEMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN TWENTY (20) DAYS. READ THE INFORMATION BELOW. TO: SARAH LYNN JONES YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit, an appropriate written response must be filed with the above designated court within twenty (20) days after service of this Summons on you. If you fail to so respond, the court may enter judgement against you as demanded by the Plaintiff in the Complaint. A copy of the Complaint 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 Response 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, contact the Clerk of the above-named court. The nature of the claim against you is as prayed in the Petition. DATED this 1 day of November, 2016 CLERK OF THE DISTRICT COURT JIM BRANNON By: /s/ Lisa Dixon Deputy Clerk LEGAL 6606 NOV 17, 24, 2016 DEC 1, 2016

COUNCIL BILL NO. 16-1026 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, MAINTAIN, REPAIR, REPLACE, EXTEND, OPERATE AND USE FACILITIES IN, UPON, OVER, UNDER, ALONG, AND ACROSS THE FRANCHISE AREA FOR PURPOSES OF THE TRANSMISSION, DISTRIBUTION AND SALE OF GAS. Avista Corporation dba Avista Utilities ("Avista"), a Washington Corporation, which is authorized to do business within the state of Idaho, has filed with the City of Coeur d'Alene, State of Idaho (the "City") a written application for a renewal of its Franchise to locate, construct, operate, maintain and use such plants, works, underground pipelines, equipment 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, distribution and sale of Gas; 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 COEUR D'ALENE DOES ORDAIN: SECTION 1.0 DEFINITIONS 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: means Avista Corporation, dba Avista Utilities, a Washington corporation, and its respective successors and assigns, agents and contractors. City: means the City of Coeur d' Alene, a municipal corporation of the State of Idaho, and its respective successors, assigns, agents and contractors. 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 shall come into effect, and the date from which the time requirement for any notice, extension and/or renewal shall be measured. Facilities: means, 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: 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, 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: means natural, manufactured, renewable and/or mixed gases. Maintenance, maintaining, or maintain: means, 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: 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, City-owned 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 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 Gas, as may be necessary to provide Gas 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 twenty-five (25) years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for another 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 a Gas 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 Gas 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 federal and state 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 Fee As compensation for the Franchise granted by this ordinance, Avista shall pay to the City an amount equal to five percent (5%) of the annual gross revenue collected by Avista from its customers for natural gas consumed within the City in accordance with Chapter 3, Title 50, Idaho Code, to be paid quarterly. Gross revenue will be computed by deducting from the total natural gas billings of Avista the total net write-off of uncollectible accounts. 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'' 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 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 of any new rule, procedure or policy, Avista shall be provided 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 Gas 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 construction and maintenance of other utilities, drains, drainage and irrigation ditches and structures, and City-owned property within 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 excavations prior to commencing work. 3.4 Vegetation Management - Removal of Trees/Vegetation Encroachment The right of Avista to maintain its Facilities shall include the right, as exercised in Avista's professional discretion to minimize the likelihood that encroaching (either above or below the ground) vegetation can interfere with or limit access to Avista's Facilities, or pose a threat to public safety and welfare. Avista or its agents may, without recourse or payment of compensation, accordingly remove or limit the growth of vegetation which encroaches upon its Facilities and/or Gas transmission and distribution corridors within the Franchise Area. 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 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 not 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 and 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 Franchise as to all such areas. The City shall notify Avista of the scope of any change of boundaries when the change is approved and becomes 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. 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. 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 Subdivision Plats Upon receipt of an application and prior to final City approval of any new subdivision, the City shall mail notification of such application and final approval to Grantee. SECTION 5.0 RELOCATION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, Avista shall, at its sole expense unless otherwise provided herein, relocate its Facilities as necessary within the Franchise Area 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 to arrange for relocation. In in cases of emergency, or where not otherwise reasonably foreseeable by the City, the notice requirements of 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. In the event a relocation forces Avista off City's existing Public Right(s) of Way then the City shall accommodate such relocation by securing an acceptable, alternate location for utilities and removing any obstructions, including, without limitation, trees, vegetation or other objects that may interfere with the installation, operation, repair, upgrade or maintenance of Avista's Facilities on the affected Property. 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 abandoned to another franchisee. Such relocation of these types of facilities shall be 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 gas service and related line extension or relocation 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. 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, 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, losses and so forth 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 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. 7.3 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 a court of competent jurisdiction, and if in the federal courts, in the United States District Court for the District of Idaho. 7.4 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 gas 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, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista's applicable Tariff on file with the Commission, the Tariff shall control. 8.7 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. 8.8 Acceptance of Franchise. Avista shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its acceptance of the terms and conditions of this Franchise. 8.9 Abandonment or Suspension of Franchise Rights and Obligations Avista may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to City. In addition, pursuant to Section 8.6 and in the event a conflict exists between the terms of this Franchise and Avista's Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. 8.10 Franchise Effective Date The Effective Date of this Franchise shall be 2017, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista as specified above. Dated this 29th day of November, 2016. Renata McLeod, City Clerk LEGAL 6664 DEC 1, 2016

COUNCIL BILL NO. 16-1025 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 Coeur d'Alene, 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 COEUR D'ALENE 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 Coeur d'Alene, 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: eans 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. Tarif: 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 twenty-five (25) years from the Effective Date, and shall continue year-to-year thereafter, until it is otherwise renewed for another 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 Fee As compensation for the Franchise granted by this ordinance, Avista shall pay to the City an amount equal to five percent (5%) of the annual gross revenue collected by Avista from its customers for electricity consumed within the City in accordance with Chapter 3, Title 50, Idaho Code, 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. 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 Franchise as to all such areas. The City shall notify Avista of the scope of any change of boundaries when the change is approved and becomes 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. 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. 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, fire and police communications signal cables, and fiber-optic cables for the City's own use, to Avistas poles in the Franchise Area, provided that the City signs and meets 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. 4.8 Subdivision Plats Upon receipt of an application and prior to final City approval of any new subdivision, the City shall mail notification of such application and final approval to Grantee. SECTION 5.0 RELOCATION OR CONVERSION OF AVISTA'S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, Avista shall, at its sole expense unless otherwise provided herein, 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 accommodate such relocation by securing an acceptable, alternate location for utilities and removing any obstructions, including, without limitation, trees, vegetation, or other objects that may interfere with the installation, operation, repair, upgrade or maintenance of Avista's Facilities on the affected Property. 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, 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, losses and so forth 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 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. 7.3 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 a court of competent jurisdiction, and if in the federal courts, in the United States District Court for the District of Idaho. 7.4 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 Maintenance of Capacity In consideration of the rights, privileges and powers herein granted to it, Avista, its successors and assigns, shall at all times keep and maintain a plant of sufficient size and capacity to supply the City of Coeur d'Alene and the inhabitants of the City of Coeur d'Alene, with such an amount of electricity as they may reasonably require, and shall, in the absence of accident or misfortune from some cause beyond its control, furnish a continuous twenty-four (24) hour service, and should the said plant or any part thereof become broken, injures or destroyed, the same shall be replaced as soon as it is reasonably practical. 8.2 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. 8.3 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 8.4 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. 8.5 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. 8.6 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.7 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, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista's applicable Tariff on file with the Commission, the Tariff shall control. 8.8 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. 8.9 Acceptance of Franchise. Avista shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its acceptance of the terms and conditions of this Franchise. 8.10 Abandonment or Suspension of Franchise Rights and Obligations Avista may at any time abandon the rights and authorities granted hereunder, provided that six (6) months' written notice of intention to abandon is given to City. In addition, pursuant to Section 8.6 and in the event a conflict exists between the terms of this Franchise and Avista's Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. 8.11 Franchise Effective Date The Effective Date of this Franchise shall be _____, 2017, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista as specified above. Dated this 29th day of November, 2016. Renata McLeod, City Clerk LEGAL 6665 DEC 1, 2016

NOTICE TO CREDITORS Case No. CV-16-7437 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 ESTATE OF: GRETCHEN GRAY CALLAWAY Date of Death: 9/17/16 NOTICE IS HEREBY GIVEN that the the undersigned has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this Notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of the Court. DATED this 1st day of November 2016. /s/__________________ DEVIN CALLAWAY, Personall Representative C/O Pamela Massey Callahan & Associates, Chtd. PO Box 2226 Coeur d' Alene, ID 83816 LEGAL 6608 NOVEMBER 17, 24, 2016 DEC 1, 2016

CASE NO. CV-16-8013 NOTICE TO CREDITORS 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 Estate of: SHAWN ALLEN HARGER, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above named decedent. All persons having claims against the decedent or decedent's estate are required to present their claims within four (4) months after the first publication of this notice or said claims will be forever barred. Claims must either be presented to Agnes M. Harger, Personal Representative of the above estate at: c/o Craig R. Wise, Attorney at Law, P.O. Box 1354, Coeur d' Alene, ID 83816-1354, or filed with the Court. Dated this 15th day of November, 2016. /s/ Agnes M. Harger Personal Representative of the Estate of Shawn Allen Harger, Deceased. Craig R. Wise Attorney at Law P.O. Box 1354 Coeur d' Alene, ID 83816-1354 LEGAL 6637 NOV 24, 2016 DEC 1, 8, 2016

AMENDED NOTICE OF TRUSTEE'S SALE Parcel No. R13500110100 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 3rd day of February, 2017 at the hour of 10:00 o'clock a.m. outside the front door of Alliance Title & Escrow Corp. 1270 Northwood Center Court, Coeur d' Alene, Idaho sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Kootenai, State of Idaho: Lot 10 in Block 11 of Drumhellers Addition to Post Falls according to the official plat thereof, filed in Book E of Plats at Page 244, records of Kootenai County, State of Idaho. Which is subject to that certain Deed of Trust dated September 23, 2014, signed September 23, 2014 and recorded September 29, 2014 under Auditor's File No. 2471976000, records of Kootenai County, Idaho, from PAUL GRIFFITH, an unmarried man, as Grantor to Alliance Title & Escrow Corp. as Trustee, to secure an obligation in favor of DONNA M. O'BRIEN, a single woman, as Beneficiary. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's or Grantor's default on the obligation secured by the Deed of Trust. II. The default for which this foreclosure is made is/are as follows: 1. Failure to make monthly payments from April 26, 2016 through September 26, 2016 in the amount of $1,500.00 each: $9,000.00 2. Late fee of $150.00 per month from April 26, 2016 through September 26, 2016: 900.00 3. Reserve payments of $214.59 per month from April 26, 2016 through September, 2016: 1,287.54 - Total payments due: $11,187.54 III. The sum owing on the obligation secured by the Deed of Trust is: Principal $111,991.28, together with interest as provided in the note or other instrument secured from the 6th day of June, 2016, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. IV. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express, or implied, regarding title, possession, or encumbrances on the 3rd day of February, 2017. The default referred to in Paragraph II must be cured on or before the said day to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the date of said sale if the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance pays the entire principal and interest secured by the Deed of Trust, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. V. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address: Paul Griffith 209 E. 9th Avenue Post Falls, ID 83854 By both first class and certified mail on the 18th of July, 2016, proof of which is in the possession of the Trustee. VI. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale. VII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. VII. NOTICE TO OCCUPANTS OR TENANTS The purchaser at the trustee's sale is entitled to possession of the property on the 10th day following the sale, as against the grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants and tenants. After the 10th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act. /s/ Gregory L. Decker GREGORY L. DECKER, Trustee 1919 N 3rd Street Coeur d' Alene, ID 83814 Telephone: (208) 667-9544 LEGAL 6662 DEC 1, 8, 15, 22, 2016

LEGAL NOTICE On behalf of the East Side Highway District Board, Chairman Terry Sverdsten called for a Special Call meeting on December 5, 2016 at 9:00 a.m., to be held ot ESHD office located at 6095 E. Mullan Trail Road, Coeur d' Alene, Idaho; thereafter all other meetings will be held on the third Monday of each month, at 9:00 a.m. To view a copy of the agenda please go http://www.eastsidehighwaydistrict.com For special accomodations/translation services, call 208-765-4714, no less than 72 hours in advance. The East Side Highway District assures nondiscrimination in accordance with Title VI of the Civil Rights Act of 1964 and Civil Rights Restoration Act of 1987 (P.O. 100.256 and the Americans with Disabilities Act) LEGAL 6659 DEC 1, 2016

NOTICE OF PUBLIC HEARING NOTICE is hereby given that the Board of Commissioners of East Side Highway District ("District") received a Request from Allen Dodge and Mary Dee Dodge, "Petitioners" to EXCHANGE public right-of- way. Pursuant to the provision of Idaho Code §40-203, the District intends to conduct a public hearing regarding the Request on Monday, December 19, 2016 at 8:45 a.m., at the District office located at 6095 East Mullan Trail Road, Coeur d'; Alene, Idaho. The purpose of this public hearing is to consider the Request to EXCHANGE PUBLIC RIGHT-OF- WAY for the Fernan Hill Road alignment, located in Kootenai County, Idaho. The DISTRICT has been petitioned to will release all interest in a 1,549 square feet of publicly owned right-of- way known as Fernan Hill Road located in NE1/4, Section of 18, Township 50 North, Range 3 West, Boise Meridian, Kootenai County, Idaho. In EXCHANGE FOR, the PETITIONER, shall release all interest in one area containing 184 square feet of their parcel located in NE1/4, section of 18, Township 50 North, Range 3 West, Boise Meridian, Kootenai County, Idaho and all interest on an area containing .52 acres, more or less described in a quitclaim deed recorded (#2563143) at Kootenai County, Idaho, more particularly depicted in following illustration: At the hearing the Commissioners shall accept all information related to the proceedings. Any person may appear and give testimony for or against the exchange. After completion of the proceedings and consideration of all related information - the Commissioners shall decide whether to grant the Request for the Exchange and whether to place terms and conditions upon the exchange if granted. Anyone desiring further information concerning this proceeding may refer to and review the file in the District office at 6095 E. Mullan Trail Road, Coeur d'Alene, ID 83814 Date: November 15, 2016 EAST SIDE HIGHWAY DISTRICT John Pankratz, District Supervisor Angela Sieverding, Attest LEGAL 6660 DEC 1, 10, 14, 2016

AMENDED NOTICE OF TRUSTEE'S SALE On March 8, 2017, at the hour of 9:00 o'clock AM of said day, at La Quinta Inn & Suites Coeur d'Alene, Auction.com Room, 333 W. Ironwood Drive, Coeur d'Alene, Idaho 83814, CHARLES C. JUST, ATTORNEY AT LAW, as Successor Trustee, will sell at public auction to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property, situated in the County of Kootenai, State of Idaho, and described as follows to wit: Lot 3, Block 3, Riverside Harbor 10th Addition, according to the plat recorded in Book I of Plats, Page 266, records of Kootenai County, Idaho. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Section 60-113 Idaho Code, the Trustee has been informed the address of 5565 E. Steamboat Bend, Post Falls, Idaho 83854, is sometimes associated with the said real property. This Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other conditions of which the Trustee is not aware that would cause the cancellation of this sale. Further, if any of these conditions exist, this sale may be null and void, the successful bidder's funds shall be returned, and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages. Said sale will be made without covenant or warranty regarding title, possessions or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Mark Sanchez, a married man as his sole and separate property, as Grantor(s) with Mortgage Electronic Registration Systems, Inc., solely as nominee for Global Credit Union, A Washington Credit Union Corporation; Modification Agreement recorded September 2, 2011, as Instrument No. 2326211000; Modification Agreement recorded May 7, 2012, as Instrument No. 2357355000 as the Beneficiary, under the Deed of Trust recorded October 27, 2003, as Instrument No. 1838766, and re-recorded May 6, 2004, as Instrument No. 1874379, in the records of Kootenai County, Idaho. The Beneficial interest of said Deed of Trust was subsequently assigned to MidFirst Bank, a Federally Chartered Savings Association, recorded August 27, 2014, as Instrument No. 2468049000, in the records of said County. THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is the failure to pay the amount due under the certain Promissory Note and Deed of Trust, in the amounts called for thereunder as follows: Monthly payments in the amount of $1,185.16 for the months of September 2015 through and including to the date of sale, together with late charges and monthly payments accruing. The sum owing on the obligation secured by said Deed of Trust is $145,132.29 as principal, plus service charges, attorney's fees, costs of this foreclosure, any and all funds expended by Beneficiary to protect their security interest, and interest accruing at the rate of 5.0% from August 1, 2015, together with delinquent taxes plus penalties and interest to the date of sale. The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. Dated this 31st day of October, 2016. Taegan N. Curzon Trust Officer for Just Law, Inc. LEGAL 6583 NOV 10, 17, 24, 2016 DEC 1, 2016

Notice of Public Hearing NOTICE IS HEREBY GIVEN that the Kootenai County Board of Commissioners will hold a public hearing per Idaho Codes §31-1604 and 31-1605 on Tuesday, December 6, 2016, at 11:00 am, in the Boardroom, Kootenai County Administration Building, 451 Government Way, Coeur d'Alene, Idaho. The purpose of the hearing is to consider the following adjustments to the Fiscal Year 2016 budget to reflect unscheduled revenues. Any taxpayer may appear and be heard upon any part of said tentative budget, published below, at this time. WHEREAS, Idaho Code §31-1605 provides that the Board of County Commissioners may adjust the budget to reflect unscheduled revenues from Federal, State, or other sources; Kootenai County Board of Commissioners will consider that the Fiscal Year 2016 budget shall be adjusted to reflect the following unscheduled revenues: Kootenai County FY16 Adopted Budget $80,870,409 EMS and Internal Service Fund Excluded Unscheduled Revenues Capital Project Carryforward from FY15 1,750,355 Grant Awards and Amendments 1,882,073 Donations 20,000 Gain on Sale of Assets 20,300 _________ _ Total Unscheduled Revenues 3,672,728 Amended FY16 Budget $84,543,137 EMS and Internal Service Fund Excluded Additional information is available from the Kootenai County Commissioners' and Auditor's Offices at the County Administration Building, 451 Government Way, Coeur d'Alene, Idaho. LEGAL 6661 DEC 1, 5, 2016

NOTICE OF HEARING ON NAME CHANGE Case No. CV16-8683 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Alexander Koehler A Petition to change the name of Alexander Koehler, now residing in the City of Pot Falls, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Alexander Bodak. The reason for the change in name is: I was given a birth certificate in that name by my Mother and have used that name all my life. A hearing on the peition is scheduled for 9 o'clock a.m. on 1/3/17 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: November 28, 2016 Jim Brannon CLERK OF THE DISTRICT COURT By: Katherine Hayden Deputy Clerk Legal 6662 December 1, 8, 15, 22, 2016

NOTICE OF HEARING ON NAME CHANGE(Adult) (Amdended) Case No. CV16-7663 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI A Petition to change the name of GUY WILLIAM DEED, now residing in the City of SPIRIT LAKE, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to: GUY WILLIAM KREIDER. The reason for this change in name is PARENTS NEVER LEGALLY CHANGED. A hearing on the Petition is scheduled for 1:30 o'clock PM on January 3rd, 2016 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: 11/28/ 2016 JIM BRANNON, CLERK OF THE DISTRICT COURT By: JEAN HICKS Deputy Clerk LEGAL 6474 DEC 1, 8, 15, 22, 2016

SUMMONS BY PUBLICATION NO. CV16-7078 IN THE DISTRICT COURT FOR THE FIRST DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAI FREEDOM MORTGAGE CORPORATION, Plaintiff, v. ESTATE OF PETER J. GROBELNY, DECEASED; UNKNOWN HEIRS AND DEVISEES OF PETER J. GROBELNY, DECEASED; MARIE E. GROBELNY; MONTROSE MASTER ASSOCIATION, INC.; AND UNKNOWN PERSONS IN POSSESSION OR CLAIMING RIGHT TO POSSESSION, Defendants. To: ESTATE OF PETER J. GROBELNY, DECEASED; UNKNOWN HEIRS AND DEVISEES OF PETER J. GROBELNY, DECEASED; AND UNKNOWN PERSONS IN POSSESSION OR CLAIMING RIGHT TO POSSESSION, You have been sued by FREEDOM MORTGAGE CORPORATION, the Plaintiff, in the First District Court in and for Kootenai County, Idaho, Case No. CV16-7078. The nature of the claim against you is foreclosure of a Deed of Trust encumbering certain real property located at 1501 West Yaquina Drive, Post Falls, ID 83854. Any time after 20 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 324 West Garden Avenue, Coeur d'Alene, ID 83816and served a copy of your response on the Plaintiff's attorney at Robinson Tait, P.S. 901 Fifth Avenue, Suite 400, Seattle, WA 98164, (206) 676-9640. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish legal as sistance, you should immediately retain an attorney to advise you in this matter. DATED: November 1, 2016 JIM BRANNON CLERK OF THE DISTRICT COURT /S/ Susan McCoy LEGAL 6605 NOV 17, 24, 2016 DEC 1, 8, 2016

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