OnFiber Communications, Inc. - Telephone CITY OF TIGARD, OREGo'w"N Com.` SEP 172004
ORDINANCE NO. 04- 4�9
AN ORDINANCE AUTHORIZING THE TRANSFER OF THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF TIGARD AND PORTLAND GENERAL DISTRIBUTION LLC TO
ONFIBER COMMUNICATIONS, INC., AUTHORIZING THE MAYOR TO SIGN A REVISED
AGREEMENT, AND DECLARING AN EMERGENCY.
WHEREAS,the City of Tigard granted a non-exclusive,ten-year telecommunications franchise to
Portland General Distribution LLC by Ordinance No. 00-29 on October 24, 2000, and
WHEREAS,Portland General Distribution LLC, doing business as Portland General Broadband,
laid telecommunications fiber in several rights-of-way within the City of Tigard, and
WHEREAS,Portland General Distribution LLC has stopped providing telecommunications
services and plans to sell its facilities to OnFiber Communications, Inc., and
WHEREAS,the franchise between the City of Tigard and Portland General Distribution LLC,
requires City approval for the transfer of the franchise to a new company, and
WHEREAS,Portland General Distribution LLC and OnFiber Communications, Inc. have requested
the transfer of the franchise from Portland General Distribution LLC to OnFiber Communications,
Inc., and
WHEREAS, OnFiber Communications,Inc. has provided written confirmation of its agreement to
be bound by all terms, conditions, and obligations of the City of Tigard franchise granted to
Portland General Distribution LLC, and
WHEREAS,the projected sale of Portland General Distribution LLC assets to OnFiber
Communications, Inc. is projected to close in early September 2004.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The City of Tigard agrees and grants its consent to the transfer of the
telecommunications franchise between the City and Portland General
Distribution LLC to OnFiber Communications, Inc.
SECTION 2: The franchise agreement between the City of Tigard and Portland General
Distribution LLC shall be revised as shown in Exhibit A to this ordinance to
substitute OnFiber Communications, Inc. for Portland General Distribution LLC
ORDINANCE No. 04-6b
Page 1
L
SECTION 3: The Mayor is hereby authorized to sign the revised agreement on behalf of the
City of Tigard.
SECTION 4: The transferred franchise shall retain its original expiration date of November
24,2010.
SECTION 5: Timing is of the essence due to the projected closure date of the sale of Portland
General Distribution LLC assets to OnFiber Communications, Inc. Therefore an
emergency is declared to exist and this ordinance shall take effect upon receipt
of the signed revised franchise agreement from OnFiber Communications, Inc.
e )r�,-�� wi-�th pn� /f�2sf� �W- (�unU/�/rlm-�)
PASSED: By 7 vota6o�ll Council members present after being read by number
and title only,this /d day of92004.
v
J e McGarvin,Deputy City Recorder
APPROVED: By Tigard City Council this A9 day of ,2004.
Crai Dirksen, Mayor
Approved as to form:
rty Attorney
Date
ORDINANCE No. 04-
Page 2
EXHIBIT "A"
TRANSFERRED FROM PORTLAND GENERAL DISTRIBUTION LLC
A franchise agreement between the City of Tigard and OnFiber Communications, Inc.
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby
granted by the City of Tigard to OnFiber Communications, Inc., (herein referred to
as "Grantee"); its successors and assigns; subject to the development ordinances
and regulations of the City, the right and privilege to conduct a telecommunications
business within said City, or such other public property as may come within the
jurisdiction of the City during the term of this agreement for the purpose of
furnishing telecommunications services as defined in State and Federal Law. This
grant includes the right to erect, construct, place, replace, reconstruct, lay,
maintain, and operate poles, wires, switching equipment, amplifying equipment,
fixtures, facilities, appliances, structures and other devices including, but not limited
to, electronic, optical, and mechanical devices customarily associated with
Grantee's function in public rights-of-way and in public property for the purpose of
serving as a telecommunications utility.
This franchise is granted solely for the privilege of providing telecommunications
services as defined by State and Federal Law. This franchise does not include the
right to conduct the business of providing a "cable system" as defined in applicable
law. Should the Grantee desire to provide a cable system within the City, it must
comply with the City's regulations relating to cable communications in force at that
time.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any
of said streets, alleys, avenues, thoroughfares, public highways, and public parks.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials
showing all proposed underground construction work to include the installation of
additional facilities or relocation or extension of existing facilities within any street,
alley, road or other public way or place within the corporate limits of the City. The
City will review the materials submitted and notify the Grantee of any City
requirements. For repair work or other work not considered underground
construction as stated above, the Grantee shall, if possible, notify the City of the
location and general description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City
standard traffic control procedures and in accordance with requirements of
applicable federal laws, state laws, or City ordinances. In emergencies, such
filings shall be submitted within thirty (30) days of completion of emergency
construction work.
SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance,
the Grantee shall restore the portion of the street, alley, road, or public way or
place to the same condition to which it was prior to the excavation. All such work
shall be done in strict compliance with the rules, regulations, ordinances or orders
which may be adopted from time to time during the continuance of this franchise by
the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such repairs and
restoration shall be completed. If grantee fails to make such repairs and
restoration within the time frame established by the City and after due notice, City
shall cause such repairs to be made at the expense of Grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and
defend the City and its officers, agents and employees from any and all damages,
costs and expenses or claims of any kind whatsoever, or nature, arising from any
injury to persons or property by reason of the negligent act or omission of the
Grantee, its agents or employees in exercising the rights and privileges granted
hereunder and by this franchise, except to the extent such damages, costs, and
expenses are caused by negligent acts or omissions of the City.
SECTION 6. The Grantee shall provide and keep in force public liability insurance, with a
thirty-day cancellation clause, with a combined single limit of one million dollars,
relating to a single occurrence, which shall be evidenced by a certificate of
insurance filed with the City Recorder. The City shall be named as an additional
insured on the policy to the extent of Grantee's indemnity obligations under this
franchise agreement. The insurance shall indemnify and save the City harmless
against liability or damage which may arise or occur from any claim resulting from
the franchisee's operation under this agreement. In addition, the policy shall
provide for the defense of the City for any such claims.
In lieu of a third-party public liability insurance policy, Grantee may provide and
keep in force self-insurance in an amount at least equal to the limits identified in
the preceding paragraph. The Grantee agrees to indemnify, defend and hold
harmless the City through its self-insurance program against any and all claims,
demands, actions, and suits (including attorney fees and costs) arising out of or
resulting from Grantee's activities to the same extent as if an additional insured
endorsement had been issued. The Grantee shall provide proof of self-insurance
to the City before this agreement shall take effect.
SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the
Grantee to move the location of any pole, underground conduit or equipment
belonging to Grantee whenever the relocation thereof shall be for public necessity,
and the expense thereof shall be paid by the Grantee. Such charges shall comply
with state statutes and administrative rules. Whenever it shall be necessary for
public necessity to remove any pole, underground conduit or equipment belonging
to Grantee or on which any wire or circuit of the Grantee shall be stretched or
fastened, the Grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writing to a plan
and date certain to remove such poles, underground conduit, equipment, wire or
circuit, at Grantee's expense, and if the Grantee fails, neglects or refuses to do so,
the City, by its properly constituted authorities, may remove the same at the
expense of the Grantee. The costs associated with the removal, relocation or
extension of Grantee's facilities at the request of a private developer or
development shall be borne by such private developer or development.
SECTION 8. At such time that Grantee intends to discontinue using or to remove (including
actions pursuant to a City termination order) any telecommunications network
facility or facilities within the City, Grantee shall submit a specific plan for such
discontinuance or removal to the City Engineer and shall gain the City Engineer's
approval. The City Engineer may allow Grantee to abandon in place any facility or
facilities, may require the Grantee to remove or modify the facility or facilities within
the public rights-of-way or other public place or property, may cause the facility or
facilities to be removed at the Grantee's expense, or may take any combination of
these actions. Grantee shall complete such removal or modifications in
accordance with a schedule set by the City Engineer. Until such time that
Grantee's property is completely removed and all restorations to the public rights-
of-way or other public places or property have been completed, Grantee shall be
responsible for all necessary repairs, relocations, and maintenance of the facility or
facilities in the same manner and degree as if the facility or facilities were in active
use, and the Grantee shall retain all liability for such facility or facilities.
SECTION 9. Grantee shall maintain a clause in its standard Facilities Agreement to be signed
by all lessees of Grantee's conduit or fiber optic lines authorizing the Grantee to
disclose the lessee's business name and address to the City. Upon entering into a
lease agreement with a new lessee, Grantee shall provide a one-time notice of the
lessee's business name and address to the City.
SECTION 10. All notices and approvals required under this Agreement shall be in writing. The
Grantee shall provide the City with the name, position and phone number of
Grantee staff that can be contacted for administration of this Agreement and for
contact with construction-related questions and comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd., Tigard, Oregon 97223
(503) 639-4171
SECTION 11. Upon request of the City, the Grantee shall provide available plans and locate any
underground conduit or equipment belonging to Grantee, as required for the
preparation of construction drawings.
SECTION 12. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise
the wires, cables or other plant of Grantee for the passage of buildings, machinery
or other objects, Grantee shall temporarily rearrange, remove, lower or raise, its
wires, cables or other plant as the necessities of the case require; provided,
however, that the person or persons desiring to move any such buildings,
machinery or other objects, shall pay the entire actual cost to Grantee of changing,
altering, moving, removing or replacing its wires, cables or other plan so as to
permit such passage, and shall deposit in advance with Grantee a sum equal to
such cost as estimated by Grantee and shall pay all damages and claims of any
kind whatsoever, direct or consequential, caused directly or indirectly by changing,
altering, moving, removing or replacing of said wires, cables or other plant, except
as may be occasioned through the sole negligence of Grantee. Grantee shall be
given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of
movement of such building or other objects over and along the streets, alleys,
avenues, thoroughfares and public highways and shall bear the approval of the
City. Such moving shall be with as much haste as possible and shall not be
unnecessarily delayed or cause Grantee unnecessary expense or waste of time.
SECTION 13. In consideration of the rights and privileges hereby granted, Grantee agrees to pay
to the City the greater of$7,500 per year or five percent (5%) of the gross
revenues derived from exchange access services, as defined in ORS 401.710, and
lease revenues to the extent that lease revenues are separate from and in addition
to revenues derived from exchange access services within the city limits less net
uncollectibles. Such payments shall be made to the City every six months for the
life of this agreement on or before March 15 for the six month period ended
December 31, and September 15 for the six month period ended June 30.
Such franchise payment will be accepted by the City from the Grantee also in
payment of any license, privilege or occupation tax or fee charged for regulatory
or revenue purposes. The franchise payment is not accepted in satisfaction of
payments due to City for the failure of Grantee to perform any of Grantee's
obligations pursuant to this franchise agreement including but not limited to
Grantees' obligations to bear the cost of repairs under Section 4 and the cost of
relocation under Section 6.
The City shall have the right to change the percentage of gross revenues set forth
above at any time during the life of this agreement to any amount permitted by law
provided it has made such notice in writing at least 180 days prior to the effective
date of any change.
The City shall have the right to conduct, or cause to be conducted, an audit of
franchise payments as defined herein. Such audits may be conducted at two year
intervals beginning two years after the effective date of this agreement. The City
shall conduct the audit at its own expense. Any difference of payment due either
the City or Grantee through error or otherwise as agreed upon by both the City and
Grantee, shall be payable within sixty (60) days after discovery of such error.
SECTION 14. The rights, privileges and franchise hereby granted shall continue to be in full force
for a period of ten (10) years from the date this ordinance becomes effective. It is
understood and agreed that either party may terminate or renegotiate the terms of
I
CITY OF TIGARD
OREGON
October 25, 2000
Karen Lee
Portland General Electric/PGE
121 SW Salmon St.
Portland, Oregon 97201
Dear Karen,
I have enclosed two copies of the City of Tigard ordinance #00-29, granting a.franchise
for telecommunication services to Portland General Distribution d.b.a. Portland General
Broadband. Please sign both sets of documents where flagged and return one
executed set to me along with the Certificate of Insurance as required by Section 6 of
the Agreement. You may keep the other set for your records. Once you have returned
these documents, I will send a copy to the City Engineer who will then be able to
coordinate with your construction staff.
Thank you for your assistance though this process. I especially appreciate your
presence at the City Council meeting. You were able to respond to questions from the
Council, which provided them greater comfort in approving this agreement.
Please let me know if we can be of any other assistance.
Sincerely,
Craig Prosser
Finance Director
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD, OREGON
ORDINANCE NO. 00- -7q
AN ORDINANCE GRANTING TO PORTLAND GENERAL DISTRIBUTION CO. A FRANCHISE TO
CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING
THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION
PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AND AUTHORIZING THE MAYOR TO SIGN THIS
AGREEMENT.
WHEREAS, The ten-year franchise for the communication facilities and services provided by
Portland General Distribution Co. (doing business as Portland General Broadband), described in
the title of this ordinance is now before the City Council for approval. The Council believes that
the franchise should be approved under the terms and conditions set forth in Exhibit A, attached
hereto, and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are
hereby approved and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of
the Council.
SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax
subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon
Constitution.
PASSED: By Un6g-ir pus vote of all Council members present after being read by number
and title only, this aq day of CL}obr , 2000.
cawwu'vu IOQA�4�
Catherine Wheatley, City R order
APPROVED: This a'/�'day of Oc;to 42a-L, 2000.
mes Gri ith,
Approved as to form-
V , C:er0fied to be a True Copy of
City Attorney Original on file -4T=AkD CT-rq dA LL
Date By. � -
City Recorder- City of Tiga
EXHIBIT "A"
A franchise agreement between the City of.Tigard and Portland General Distribution Co. (doing
business as Portland General Broadband).
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby
granted by the City of Tigard to Portland General Distribution Co.,a wholly-owned
subsidiary of Portland General Holdings II, Inc. and doing business as Portland
General Broadband, (herein referred to as "Grantee"); its successors and assigns;
subject to the development ordinances and regulations of the City, the right and
privilege to conduct a telecommunications business within said City, or such other
public property as may come within the jurisdiction of the City during the term of
this agreement for the purpose of furnishing telecommunications services.as
defined in State and Federal Law. This grant includes the right to erect, construct,
place, replace, reconstruct, lay, maintain, and operate poles, wires, switching
equipment, amplifying equipment, fixtures, facilities, appliances, structures and
other devices including, but not limited to, electronic, optical and mechanical
devices customarily associated with Grantee's function in public rights of way and
in public property for the purpose of serving as a telecommunications utility.
This franchise is granted solely for the privilege of providing telecommunications
services as defined by State and Federal Law. This franchise does not include the
right to conduct the business of providing a "cable system"as defined in applicable
law. Should the Grantee desire to provide a cable system within the City, it must
comply with the City's regulations relating to cable communications in force at that
time.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any
of said streets, alleys, avenues, thoroughfares, public highways, and public parks.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials
showing all proposed underground construction work to include the installation of
additional facilities or relocation or extension of existing facilities within any street,
alley, road or other public way or place within the corporate limits of the City. The
City will review the materials submitted and notify the Grantee of any City
requirements. For repair work or other work not considered underground
construction as stated above, the Grantee shall, if possible, notify the City of the
location and general description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City
standard traffic control procedures and in accordance with requirements of
applicable federal laws, state laws, or City ordinances. In emergencies, such
filings shall be submitted within thirty(30)days of completion of emergency
construction work.
SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance,
the Grantee shall restore the portion of the street, alley, road, or public way or
place to the same condition to which it was prior to the excavation. All such work
shall be done in strict compliance with the rules, regulations, ordinances or orders
which may be adopted from time to time during the continuance of this franchise
by the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such.repairs and
restoration shall be completed . If grantee fails to make such repairs and
restoration within the time frame established by the City and after due notice, City
shall cause such repairs to be made at the expense of Grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and
defend the City and its officers, agents and employees from any and all damages,
costs and expenses or claims of any kind whatsoever, or nature, arising from any
injury to persons or property by reason of the negligent act or omission of the
Grantee, its agents or employees in exercising the rights and privileges granted
hereunder and by this franchise, except to the extent such damages, costs, and
expenses are caused by negligent acts or omissions of the City.
SECTION 6. The Grantee shall provide and keep in force public liability insurance, with a
thirty-day cancellation clause, with a combined single limit of one million dollars,
relating to a single occurrence, which shall be evidenced by a certificate of
insurance filed with the City Recorder. The City shall be named as an additional
insured on the policy to the extent of Grantee's indemnity obligations under this
franchise agreement. The insurance shall indemnify and save the City harmless
against liability or damage which may arise or occur from any claim resulting from
the franchisee's operation under this agreement. In addition, the policy shall
provide for the defense of the City for any such claims.
In lieu of a third-party public liability insurance policy, Grantee may provide and
keep in force self-insurance in an amount at least equal to the limits identified in
the preceding paragraph. The Grantee agrees to indemnify, defend and hold
harmless the City through its self-insurance program against any and all claims,
demands, actions, and suits (including attorney fees and costs) arising out of or
resulting from Grantee's activities to the same extent as if an additional insured
endorsement had been issued. The Grantee shall provide proof of self-insurance
to the City before this agreement shall take effect.
SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the
Grantee to move the location of any pole, underground conduit or equipment
belonging to Grantee whenever the relocation thereof shall be for public necessity,
and the expense thereof shall be paid by the Grantee. Such charges shall comply
with state statutes and administrative rules. Whenever it shall be necessary for
public necessity to remove any pole, underground conduit or equipment belonging
to Grantee or on which any wire or circuit of the Grantee shall be stretched or
fastened, the Grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writing to a plan
and date certain to remove such poles, underground conduit, equipment, wire or
circuit, at Grantee's expense, and if the Grantee fails, neglects or refuses to do so,
the City, by its properly constituted authorities, may remove the same at the
expense of the Grantee. The costs associated with the removal, relocation or
extension of Grantee's facilities at the request of a private developer or
development shall be borne by such private developer or development.
SECTION 8. At such time that Grantee intends to discontinue using or to remove(including
actions pursuant to a City termination order) any telecommunications network
facility or facilities within the City, Grantee shall submit a specific plan for such
discontinuance or removal to the City Engineer and shall gain the City Engineer's
approval. The City Engineer may allow Grantee to abandon in place any facility or
facilities, may require the Grantee to remove or modify the facility or facilities within
the public rights-of-way or other public place or property, may cause the facility or
facilities to be removed at the Grantee's expense, or may take any combination of
these actions. Grantee shall complete such removal or modifications in
accordance with a schedule set by the City Engineer. Until such time that
Grantee's property is completely removed and all restorations to the public rights-
of-way or other public places or property have been completed, Grantee shall be
responsible for all necessary repairs, relocations, and maintenance of the facility or
facilities in the same manner and degree as if the facility or facilities were in active
use, and the Grantee shall retain all liability for such facility or facilities.
SECTION 9 Grantee shall maintain a clause in its standard Facilities Agreement to be signed
by all lessees of Grantee's conduit or fiber optic lines authorizing the Grantee to
disclose the lessee's business name and address to the City. Upon entering into a
lease agreement with a new lessee, Grantee shall provide a one-time notice of the
lessee's business name and address to the City.
SECTION 10. All notices and approvals required under this Agreement shall be in writing. The
Grantee shall provide the City with the name, position and phone number of
Grantee staff that can be contacted for administration of this Agreement and for
contact with construction-related questions and comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd., Tigard, Oregon 97223
(503) 639-4171
SECTION 11. Upon request of the City, the Grantee shall provide available plans and locate any
underground conduit or equipment belonging to Grantee, as required for the
preparation of construction drawings.
SECTION 12. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise
the wires, cables or other plant of Grantee for the passage of buildings, machinery
or other objects, Grantee shall temporarily rearrange, remove, lower or raise, its
wires, cables or other plant as the necessities of the case require; provided,
however, that the person or persons desiring to move any such buildings,
machinery or other objects, shall pay the entire actual cost to Grantee of changing,
altering, moving, removing or replacing its wires, cables or other plan so as to
permit such passage, and shall deposit in advance with Grantee a sum equal to
such cost as estimated by Grantee and shall pay all damages and claims of any
kind whatsoever, direct or consequential, caused directly or indirectly by changing,
altering, moving, removing or replacing of said wires, cables or other plant, except
as may be occasioned through the sole negligence of Grantee. Grantee shall be
given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of
movement of such building or other objects over and along the streets, alleys,
avenues, thoroughfares and public highways and shall bear the approval of the
City. Such moving shall be with as much haste as possible and shall not be
unnecessarily delayed or cause Grantee unnecessary expense or waste of time.
SECTION 13. In consideration of the rights and privileges hereby granted, Grantee agrees to pay
to the City the greater of$7,500 per year or five percent(5%) of the gross
revenues derived from exchange access services, as defined in ORS 401.710, and
lease revenues to the extent that lease revenues are separate from and in addition
to revenues derived from exchange access services within the city limits less net
uncollectibles. Such payments shall be made to the City every six months for the
life of this agreement on or before March 15 for the six month period ended
December 31, and September 15 for the six month period ended June 30.
Such franchise payment will be accepted by the City from the Grantee also in
payment of any license, privilege or occupation tax or fee charged for regulatory
or revenue purposes. The franchise payment is not accepted in satisfaction of
payments due to City for the failure of Grantee to perform any of Grantee's
obligations pursuant to this franchise agreement including but not limited to
Grantees' obligations to bear the cost of repairs under Section 4 and the cost of
relocation under Section 6.
The City shall have the right to change the percentage of gross revenues set forth
above at any time during the life of this agreement to any amount permitted by law
provided it has made such notice in writing at least 180 days prior to the effective
date of any change.
The City shall have the right to conduct, or cause to be conducted, an audit of
franchise payments as defined herein. Such audits may be conducted at two year
intervals beginning two years after the effective date of this agreement. The City
shall conduct the audit at its own expense. Any difference of payment due either
the City or Grantee through error or otherwise as agreed upon by both the City and
Grantee, shall be payable within sixty (60)days after discovery of such error.
SECTION 14. The rights, privileges and franchise hereby granted shall continue to be in full force
for a period of ten (10)years from the date this ordinance becomes effective. It is
understood and agreed that either party may terminate or renegotiate the terms of
this agreement after 60 days notice in writing. This ordinance shall be subject to
any and all State or Federal laws and regulations.
SECTION 15. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file
with the Recorder of the City its written acceptance of all the terms and conditions
of the ordinance and if not so accepted by the Grantee, this ordinance shall be
void.
DATED this c; L/ day of OC.-ob.�_ ' 2000.
CITY OF TIGARD
OREGON, a Municipal Corporation
By: --q —
L7 Mayoram ffith
ATTEST: "-22)Wheatley
City Recorder
ACCEPTANCE OF FRANCHISL
WHEREAS, the CITY OF TIGARD, OREGON, under date of October 24, 2000 passed
ORDINANCE NO. 00-29, entitled as follows, to wit:
AN ORDINANCE GRANTING TO PORTLAND GENERAL DISTRIBUTION CO. A FRANCHISE TO
CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING
THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION
PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR TO SIGN THIS
AGREEMENT; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, the undersigned, Portland General Distribution Co., the Grantee named in
said Ordinance, does for itself and its successors and assigns accept the terms, conditions and
provisions of Ordinance No. 00-29 and agrees to be bound thereby and comply therewith.
IN WITNESS WHEREOF, Portland General Distribution Co. has ca Mg4rz--
this instrument to be
executed by its officers as below subscribed this 30 day of , 2000.
Lobd 1 Vice President PGD
By
Received by the City of Tigard
this 3_ day of QL.66xW , 2000.
X,
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
JOHN L. WORTHAM & SON, L.L.P. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 1388 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
HOUSTON, TEXAS 77251-1388 COMPANIES AFFORDING COVERAGE
COMPANY
026220-05555-2001A-000076 HLP/RJG 1/3 A SELF-INSURED
INSURED COMPANY
ENRON CORP, PORTLAND GENERAL DISTRIBUTION B
COMPANY DBA PORTLAND GENERAL BROADBAND COMPANY
P. 0. BOX 1188 C
HOUSTON, TEXAS 77251-1188 COMPANY
D
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COPOLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MMIDD/YY) LIMITS
A GENERAL LIABILITY SELF-INSURED 07/01/00 06/01/01 GENERAL AGGREGATE $ N/A
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ N/A
ICLAIMS MADE FlOCCUR PERSONAL&ADV INJURY $ N/A
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ N/A
MED EXP(Any one person) 11 N/A
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I,
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT II
1 AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND STATUTORY LIMITS
EMPLOYERS'LIABILITY EACH ACCIDENT $
THE PROPRIETOR/
)R/ INCL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: REXCL DISEASE-EACH EMPLOYEE I $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CITY OF TIGARD 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
ATTN: CITY RECORDER BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
13125 SW HALL BLVD. OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
TIGARD, OR 97223 ALIT ED REPRESS NTT
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• ;ECT/M OCT 3120N
Portland General
/ Broadband
October 30, 2000
Craig Prosser
City Finance Director
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Dear Craig,
Enclosed is 1) Signed Ordinance No. 00-29 and 2) Certificate of Insurance from Portland
General Distribution. Upon receipt, it would be great if you can alert your engineering
staff and let them know that Gary Margason is Portland General Broadband's field
operations person. Gary has already been in contact with Gus Duenas.
Thanks for your help.
Sincerely,
G Y-e-e
Kar Lee
Government Affairs
Portland General
121 SW Salmon Street
Portland, OR 97204