ACCEPTANCE OF ORDINANCE NO, 69
BY
PACIFICORP, an Oregon corporation,
doing business as PACIFIC POWER & LIGHT COMPANY

PACIFICORP, an Oregon corporation, doing business as PACIFIC POWER & LIGHT COMPANY, hereby unconditionally accepts Ordinance No. 69 of the Town of Superior, Sweetwater County, Wyoming, and all the terms, provisions and conditions thereof, said ordinance being entitled:

AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, ITS SUCCESSORS, AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE ALONG, ACROSS AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, PUBLIC PLACES AND WAYS OF THE TOWN OF SUPERIOR, SWEETWATER COUNTY, WYOMING, AN ELECTRIC LIGHT AND POWER SYSTEM FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE TOWN OF SUPERIOR, THE INHABITANTS THEREOF, AND OTHERS: SUBJECT TO THE TERMS AND CONDITIONS AND TO THE MAKING OF PAYMENTS SPECIFIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 69 OF THE TOWN OF SUPERIOR, PASSED AND APPROVED OCTOBER 27, 1967.

which said ordinance was submitted at a regular meeting of the Council of the Town of Superior and read in full the first time on the 22nd day of October, 1992, was read in full the second time on the 12th day of November, 1992, and was read in full the third time and duly passed at a regular meeting of the Council of said Town of Superior held on the 10th day of December, 1992.  Said Ordinance was submitted to and duly attested by the Clerk and signed by the Mayor on the 14th day of December, 1992, and was duly published in the Rocket Miner on December 19, 1992, in accordance with Wyoming Statutes and Town Ordinance.

IN WITNESS WHEREOF said PACIFICORP, an Oregon corporation, doing business as PACIFIC POWER & LIGHT COMPANY, has caused this acceptance to be executed on behalf of one of its Vice Presidents, and its corporate seal to be hereunto affixed, and attested to one of its Assistant Secretaries, on this 11th day of January___, 1993.

PACIFICORP, doing business as
PACIFIC POWER & LIGHT COMPANY

By	
Vice President

Attest:	
Assistant Secretary

I, Patricia L. Hayes___, Clerk for the Town of Superior, do hereby certify that the foregoing is a full, true and correct copy of Acceptance of Ordinance No. 69, and that the original of said acceptance was filed in my office as such Clerk on January 25______, 1993.

WITNESS my hand and the Seal of the Town of Superior this 25th day of January___, 1993.

Clerk of the Town of Superior

ORDINANCE NO. 69

AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE ALONG, ACROSS AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, PUBLIC PLACES AND WAYS OF THE TOWN OF SUPERIOR, SWEETWATER COUNTY, WYOMING, AN ELECTRIC LIGHT AND POWER SYSTEM FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE TOWN OF SUPERIOR, THE INHABITANTS THEREOF, AND OTHERS; SUBJECT TO THE TERMS AND CONDITIONS AND TO THE MAKING OF PAYMENTS SPECIFIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 69 OF THE TOWN OF SOUTH SUPERIOR, PASSED AND APPROVED OCTOBER 27, 1967.

BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF SUPERIOR, WYOMING.

Section 1.	The Town of Superior, Sweetwater County, Wyoming, hereinafter called the Town, does hereby grant to PacifiCorp, an Oregon corporation, doing business as Pacific Power & Light Company, authorized to do business in the State of Wyoming, and to its successors and assigns, hereinafter called Grantee, a nonexclusive right and franchise for the period of twenty-five (25) years from and after the effective date of this Ordinance, to construct, maintain, and operate along, across and under the present and future streets, alleys, public places and ways, hereinafter referred to as "streets,' electric light and power transmission and distribution lines, with all necessary or desirable appurtenances, including underground conduits, poles, wires, and telephone wires hereinafter referred to as 'facilities,' for the purpose of supplying electricity and electric service to said Town, the inhabitants thereof, and persons and corporations within and beyond the limits of the Town, subject to the terms and conditions and to the making of payments hereinafter specified.

Section 2.	Grantee shall erect and maintain all such facilities in accordance with good engineering practice and in such manner as not to interfere with the use of said streets for travel, and whenever it shall be necessary in the erection of such facilities to dig or in any manner to disturb or interfere with any of said streets, Grantee shall within a reasonable time thereafter put such streets in as good condition as they were before becoming broken, dug or disturbed, and shall remove all rubbish or other material from said streets.  If the removal or relocation of facilities is caused by an identifiable development of property in the area, or is made for the convenience of a customer, this agreement shall not preclude the Grantee from charging the expense of removal or relocation to the developer or customer.

Section 3.	Grantee shall have the right and privilege at its sole cost risk and expense of trimming all trees which overhang said streets in such a manner and to such an extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its facilities; providing no such trees shall be trimmed or cut back farther than may be necessary to prevent such interference and to allow the proper operation and maintenance of said facilities.

Section 4.	Grantee shall furnish for public and private use during the term hereof and under the conditions of this franchise, electricity and electric energy at the rates and prices and inaccordance with tariffs filed and fixed by the Public Service Commission of the State of Wyoming or approved by said Commission and in accordance with the laws and Constitution of the State of Wyoming.

Section5.	As consideration for all franchise rights and contractual privileges granted by the Town under the franchise hereby granted, Grantee shall pay to the Town an amount equal to two percent (2%) of Grantee's gross operating revenue as said term is defined herein, during the initial ten (10) year term of this franchise; provided, that if anytime after the initial ten (10) years of this franchise the Public Service Commission of Wyoming increases or decreases the aggregate amount of exactions which may be imposed upon electric utilities without charge to the users, then at the election of Town, the franchise fee or charge will be adjusted accordingly and paid to the Town during the remainder of said franchise term.  Such payments shall be made monthly on or before the twentieth day of each month during the term hereof and shall be computed upon the gross operating revenue accrued during the previous month or portion thereof.

The term "Gross Revenue" as used herein shall mean and be construed as Grantee's gross operating revenue accruing during the preceding month or fraction thereof from the sale of electricity and electric service within the corporate limits of the Town, other than such revenue derived from sales of electric service to the Town or from business done with the U.S. Government or any agency thereof and after deducting therefrom any amounts paid by Grantee to the United States or to the State of Wyoming as excise or business taxes upon the sale of distribution of electric service in the Town, and at the election of Grantee, Grantee may also deduct from gross revenues the total of all uncollectible revenues from customers within the Town during the preceding month or fraction thereof.

The amounts so payable by Grantee shall not be in addition to any other license, occupation, franchise or excise taxes or charges which might otherwise be levied or collected by the Town from Grantee in respect to Grantee's electric business or of the exercise of this franchise within the corporate limits of the Town, and the amount of any such license, occupation franchise, or excise taxes or other charges for corresponding periods shall be reduced by deducting therefrom the franchise fee or charge payable hereunder by Grantee; provided that, this provision shall not apply or pertain to lawful ad valorem taxes levied by the Town or other public authority against Grantee's property within the Town.

Section 6.	Grantee shall protect and save the Town, its officers, employees and agents, harmless against and from any and all damage, claim and any and all loss, liability, cost or expense, occasioned by any negligent act or omission of Grantee in the construction, maintenance, operation or repair of Grantee's property or any use thereof; and Grantee shall at all times comply with any lawful present or future ordinances, rules or regulations of the Town relating to the manner of occupation or use, or to the repair or improvement of said streets.

Section 7.	Performance of Grantee's obligations hereunder shall be subject to and suspended during prevention thereof or interference therewith, by action of or under governmental authority claiming jurisdiction, or by Acts of God, adverse weather, supply, labor or other conditions not wholly controlled by Grantee, but prevention of such obligations shall not relieve Grantee from any monthly payment aforesaid to the Town, and providing further that as soon as the act or actions or other conditions causing the suspension have been removed or cease to exist, Grantee shall forthwith resume the suspended operations.

Section 8.	Upon the effective date hereof but not otherwise, Ordinance No. 69 of the Town of South Superior, passed and approved October 27, 1967, and predecessor to the Town of Superior, granting a franchise to Grantee, is hereby repealed.

Section 9.	This ordinance shall be published once in the Rocket Miner, a newspaper of general circulation within the Town, pursuant to Section 15-1-116 of the Wyoming statutes and shall become effective on the day following said publication, but shall become null and void unless within thirty (30) days after such effective date the Grantee shall file in the office of the Clerk the Grantee's unqualified written acceptance of all the provisions thereof.

Passed by the Council this 10th day of
December______, 1992.

Signed this 14th day of December__, 1992.

	_______
Mayor of the Town of Superior

Attest:

Clerk of the Town of Superior

EXTRACT FROM MINUTES OF THE MEETING OF THE COUNCIL OF THE
TOWN OF SUPERIOR HELD ON THE 22nd DAY OF October, 1992_______

A form of ordinance entitled:

AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE ALONG, ACROSS AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, PUBLIC PLACES AND WAYS OF THE TOWN OF SWEETWATER COUNTY, WYOMING, AN ELECTRIC LIGHT AND POWER SYSTEM FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE TOWN OF SUPERIOR, THE INHABITANTS THEREOF, AND OTHERS; SUBJECT TO THE TERMS AND CONDITIONS AND TO THE MAKING OF PAYMENTS SPECIFIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 69 OF THE TOWN OF SOUTH SUPERIOR, PASSED AND APPROVED OCTOBER 27, 1967.

was submitted to the Council.

After discussion, Councilman __Quintrall___ moved that said ordinance be given its first reading, Councilman __Donnelly__ seconded said motion, and by unanimous consent the same was thereupon fully and distinctly read by the Clerk.

After motion of Councilman __Quintrall__ seconded by Councilman _Donnelly_ further action upon said ordinance was deferred until the next regular meeting of the Council.

EXTRACT FROM MINUTES OF THE MEETING OF THE COUNCIL OF THE
TOWN OF SUPERIOR HELD ON THE 12th DAY OF November, l992

A form of ordinance entitled:

AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE ALONG, ACROSS AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, PUBLIC PLACES AND WAYS OF THE TOWN OF SWEETWATER COUNTY WYOMING, AN ELECTRIC LIGHT AND POWER SYSTEM FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE TOWN OF SUPERIOR, THE INHABITANTS THEREOF, AND OTHERS; SUBJECT TO THE TERMS AND CONDITIONS AND TO THE MAKING OF PAYMENTS SPECIFIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 69 OF THE TOWN OF SOUTH SUPERIOR, PASSED AND APPROVED OCTOBER 27, 1967.

was brought on for further consideration, the same having been previously submitted to the Council and read in full at a regular meeting of the Council on the _12th_ day of _November_, 1992.

After discussion, Councilman _Quintrall_ moved that said ordinance be given its second reading, Councilman _Green_ seconded said motion, and by unanimous consent the same was thereupon fully and distinctly read by the Clerk; further action upon said ordinance was deferred until the next regular meeting of the Council.

EXTRACT FROM MINUTES OF THE MEETING OF THE COUNCIL OF THE
TOWN OF SUPERIOR HELD ON THE 10th DAY OF December, 1992

A form of ordinance entitled:

AN ORDINANCE GRANTING TO PACIFICORP, AN OREGON CORPORATION, DOING BUSINESS AS PACIFIC POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE ALONG, ACROSS AND UNDER THE PRESENT AND FUTURE STREETS, ALLEYS, PUBLIC PLACES AND WAYS OF THE TOWN OF SWEETWATER COUNTY, WYOMING, AN ELECTRIC LIGHT AND POWER SYSTEM FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO THE TOWN OF SUPERIOR, THE INHABITANTS THEREOF, AND OTHERS; SUBJECT TO THE TERMS AND CONDITIONS AND TO THE MAKING OF PAYMENTS SPECIFIED IN THE ORDINANCE; AND REPEALING ORDINANCE NO. 69 OF THE TOWN OF SOUTH SUPERIOR, PASSED AND APPROVED OCTOBER 27, 1967.

was brought for further consideration; the same having been previously submitted to the Council and read twice at regular meetings of the Council on the 22nd day of _October_, 1992 and the 12th day of _November__, 1992.

After discussion, Councilman _Quintrall_ moved that said ordinance be given its third reading, Councilman _Coble_ seconded said motion, and by unanimous consent the same was thereupon fully and distinctly read by the Clerk.

The question. then being upon the passage of said ordinance, the Mayor put the question, and a vote was taken which resulted as follows:

Voting Yea: Councilmen		Voting Nay: Councilmen

Nathaniel Quintrall			
Brian Donnelly			
William Coble			
Mark Green			

	
		Absent: Councilmen	

The Mayor announced that said ordinance had been duly passed by the affirmative vote of four Councilmen, being a majority of all the councilmen-elect, and constituting a quorum, as shown by the "yeas" and "nays”.  The ordinance was then duly attested by the Clerk and submitted to the Mayor for his signature.  The Mayor duly signed said ordinance within ten (10) days of its passage, to wit: on the 14th of __December___, 1992, and it was thereupon numbered Ordinance No. 69__.

Dec. 19

CERTIFICATION OF CLERK OF SUPERIOR

STATE OF WYOMING	)
	)
County of Sweetwater	)

I, Patricia L. Hayes, Clerk of the Town of Superior, Sweetwater County, State of Wyoming, do hereby certify: That the foregoing extracts of minutes of regular meetings of the Council of the Town of Superior held on the 22nd day of October 1992, and the 12th day of November, 1992, and the 10th day of December, 1992, respectfully, are full, true and correct copies of that portion of the minutes of said meeting which relates to the introduction, consideration, and passage of Ordinance No. 69 of said Town.  I further certify that the foregoing copy of said Ordinance No. 69 is a full, true and correct copy of the original thereof, as the same is in my custody as Clerk of said Town of Superior and that said Ordinance was enacted at a regular meeting of the Council of said Town, duly and regularly called and held, and at which a majority of all the members of said Council was present and acting; and was duly signed by the Mayor and attested by me as Clerk, and the same was published once in the Rocket Miner, a newspaper of general circulation within the Town on the 19th day of December, l992.

WITNESS my hand and the seal of said Town this 21 day of December, 1992.

Clerk of the Town of Superior

(SEAL)

Affidavit of Publication

STATE OF WYOMING,	
	} ss.
County Of Sweetwater,	

CHARLES E. RICHARDSON, being first duly sworn, deposes and says that he is Publisher of the Rock Springs Daily Rocket - Miner, a newspaper of general circulation, published daily in the City of Rock Springs, County and State aforesaid and that the notice, a copy of which is hereunto attached was published in said newspaper for (1) issue the first thereof being in the issue of December 19, 1992, and the last publication thereof being in the issue of December 19, 1992.
	
Subscribed and sworn to before me this _____19th_______________________________ day
of ______________December_________________ 1992.
...............................................................................................
My Commission expires October 14, 1996	Notary Public