Ordinance No. 62-04 iii OF TIGARD, OREECON ORDINANCE H0,
An Ord]iaiCa granting Portland General Electric
Company.
^'a^-_ .t its ouc�eo.S`.rE and a»wi�n8 for » period of
an vaegvaa a.Grpvra�aC3ay o r-�--
years from and after the effective date o this ordinance,
M-7—fiht and privilege to erect, construct, maintain and operate
within the corporate limits of the City of Tigard, Oregon, as such
limits now exist or may be hereafter constituted, an electric light
and power system with the poles, wires, fixtures, underground cir-
cuits and equipment necessary or convenient to supply said City
and the inhabitants thereof and others with electric energy for
light, power and other purposes, upon, over, along, under and across
the strc—,ts, alleys, roads and other public ways and places within
the corporate limits of said City fixing the terms and conditions
thereof, and providing for the effective date thereof.
IT IS ORDAINED BY THE COUNCIL OF THE CITY OF TIGARD.
Section 1. That Portland General Electric Company, an
Oregon corporation, hereinafter sometimes referred to as the "Company"
or the "Grantee", is hereby granted, subject to the terms and con-
i ditions hereof, the franchise right and privilege to erect, construct,
maintain and operate an electric light and power system within the
corporate limits of the City of Tigard, herein sometimes referred to
as the "City", as the same now exist or may be hereafter constituted,
and the franchise right and privilege to erect, construct, maintain
and operate poles, wires, fixtures, equipment, underground circuits
and other property necessary or convenient to supply the City and
the inhabitants thereof and other persons and territory with electric
energy for light, power and other purposes, upon, over, along, under
a
voY the streets, alleys; roads and other public ways and
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} _ places within the corporate limits of the City as the same now are or
may be hereafter constituted.
" All poles, wires, fixtures, equipment, underground circuits
k° and other property owned or in possession of the Company now located
within the corporate limits of the City shall be deemed to be covered
by the terms of this ordinance and to be located in accordance there-
with, and the location and placement thereof is hereby approved. The
City reserves the right to vacate, alter, or close any street, bridge
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or public place.
section 2. This franchise is granted for a period of
20 years from t:.a Efz' -bt_e data of this ordinance unless sooner
terminated as provided in this ordinance, but the Council of the
City of Tigard may terminate this franchise at any time after ten
years from the effective date hereof upon one year's notice in
writing to the Company. In the event the Company shall fail, neg-
lect, or refuse for thirty (30) days after demand in writing by the
City to perform any or all of the obligations or requirements set
forth in this ordinance to be performed by the Company, then the
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rights and privileges herein granted m?y be rA�'»..i:at_.J
zuuulled
by the Council or other legislative body of the City, and the Com-
pany shall fYfeit in such event all rights and privileges hereby
granted.
Section 3. That the Company shall file with the City
Engineer, or other City official designated by the City, maps or
sketches showing any proposed construction work to be done by the
,. Orate 1im{ts of the City prior to undertaking p
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(;(mipany W14liJ... w,c ,^�r"r..�..
such work, and such construction work shall be done in a reasonably
safe manner subject to the approval of the official designated by
the Council of the City and in accordance with requirements of
applicable State laws and City ordinances.
Section 4. That the Company, under the direction of the
City or its properly constituted authorities, may make all necessary
excavations in any street, alley, road or ether public way or. place
for the purpose of erecting, constructing, repairing, maintainir_g;
removing and relocating poles and other supports for its wire, con-
ductors, lights or street lights; laying, repairing and maintaining
its underground conduits and pipes; and for placing, maintaining
and operating
ite wires and conductors. All poles of the Company
shall be erected at the outside,edge of the sidewalk unless other
wise directed by the proper City authorities.
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Section 5. That when any excavation shall be made pursuant
to the provisions of thin =rdineace, V(IQ company scall restore the
Y portion of the street, alley, road or public way or place to the
some condition to which it was prior to the excavation thereof; and
all work shall be done in strict compliance with the rules, regula-
tions, ordinances or orders which may be adopted from time to time
during the continuance of this franchise by the Council of the City
or as may be otherwise provided by law. The City, at its option,
may require that any opening in any hard surface pavement in any
street, alley, or public highway, may be filled in and the surface
replaced by the City, and the cost therry including inspection
and supervision, shall be paid by the Company, and the City may re- ;
t'
quire the prior deposit with the City Treasurer of a sum estimated
to be sufficient to pay the coat to be borne by the Company prior
to tY^e excavation of said street, alley, or public highway.
Section b. That the City, by its properly constituted
authorities, shall have the right to cause the company Lo MOVZ
location of any pole vhrnever the relocation thereof shall be for k
public necessity or convenience, and the expense thereof shall be
paid by the Company. I
Section 7. That nothing in this ordinance shall be con-
strued as in any way to prevent the City from severing, grading,
paving, planking, repairing, widening, altering or doing any work
that may be desirable on any of the streets, alleys, roads or public a
ways or places; but all such work shall be done, if possible, in
such manner as not to obstruct, injure or prevent free use and oper
ation of the said electric light and parer system of the Company. e
Section 8. That whenever it shall be necessary in spwering,
grading, or in making any other improvement in any street, alley,
road or other public way or place, to remove any pole, underground
conduit or equipment belonging to the Company or wa which any light,
wire'or circuit oftheCompany shall be stretched or fastened, the
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Coansny-shall, upon then (10) days' written notice from the City,
o; its properly constituted authorities, remove such pole, under-
ground conduit, equipment, light, wire or circuit; and if it fails,
neglects or refuses so to do, the City, by its properly constituted
authorities, may remove the same at the expense of the Company.
Section 9. 1-1henever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables or wires or
tee to permit the passage
other apparatus of the gran
of any build-
tee
M,;pct_ the said granter will perform such
rearrangement on seven (7) days' written notice from the person or
persons desiring to "me'le a=id building, machinery or other objects.
Said notice shall bear the approval of such official as the Council
y designate; shall detail the route of movement of the buildingma ,
ma4hinery or other objects; shall provide that the costs incurred x
by the;grantee in making such rearrangements of its aerial plant
�_ L_...... ,... t.e n�rron or persons giving said notice; and, if
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required by grantee, shall be accompanied by a cash deposit or a
goad and sufficient bond to pay any and all such costs as estimated
by grantee.
Section.
EMPz10. That the rights and privileges granted by this
ordinance are granted upon the conditions herein contained and also
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the following considerations and conditions to-wlktc
(a) That Portland General Electric Company shall, within
s, thirty (30) days from the effective date of this ordinance, file
with the City Recorder its written acceptance of this ordinance,
$ ect to all the terms, obligations, restrictions and provisions
of this ordinance; and upon the of of the rllatt0a time for
of this ordinance, the same not having been accepted
the acceptance
unconditionally, then this ordinance shalt become wholly voids in-
operative and of no effect.
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compansatio.. for the rights and prtyileges herein
granted, in addition to any ocher consideration in this ordinance
expressed, the Company shall pay to the City an amount equal to
three (3%) per cent of the gross revenue each year from electric
energy consumed by the Company's users within the City. Gross
revenue shall be deemed to include all revenue earned within the
City for the sale of electric energy, decreased by the percentage or
write-off rate adopted by the Company for the State of Oregon during
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aid operating period for uncollectible accounts, and excluding all
of electric energy by the Company to any public utility with-
in the City when the public utility purchasing such electric energy
is not the ultimate consumer, and excluding sales through purely
industrial meters for accounts having a nominal demand of 3000 KW
or.greater. A public utility shall be construed to include any
individual, partnership, cooperative, or other corporation or govern-
ic . and dictr'bLItino "To
mental agency purchasing &UU.LI a�actra, eroi -
to its customers or other users
(c) 'iYe compensation required by this section shall be due
for each calendar half year, or fraction thereof, -within 45 days
after the close of such calendar half year or fraction thereof.
within 45 days after the termination of this franchise, compensation
shall be paid for the period elapsing since the close of the last
calendar half year for which compensation has been paid.
(di) The Grantee shall furnish to the City with each payment
of compensation required by this section a written statement, under
oath, executed by the officer or general manager in charge of oper
ations in Oregon showing the amount of gross revenue of the Grantee
within the City for the period'covered by the payment computed on
the basis set out in subsection (b) of this section. The compensa-
tion for the period covered by the statement shall be computed on the
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basis of the gross revenue so reported. If the Grantee fails to pay
the entire amount of compensation due theCity through error or other-
wise, the difference due the City shall be paid by the Grantee with-
in 15 days from discovery of the error or determination of the cor-
rect amount. Any overpayment to the City through error or otherwise
shall be offset against the next payment due from the Grantee.
upon receipt of such annual payment theCity Recorder (Clerk)
shall issue his receipt therefor, which shall be full acquittance
of the Company for the sum received. If controversy arises as to �!)
the amount of gross revenue within the meaning of this ordinance, the
amount of such gross revenue, as determined by the Public utilities
Commissioner of Oregon after examination of the Company's records,
shall be deemed the correct amount.
(e) Acceptance by the City of any payment due under this sec-
,_. r by tha rity of anv breach of
tion shall not be deemed to be a waiV.-this franchise occurring prior thereto, nor shall the acceptance by
the City of any such payments preclude the City from later establish-
ing that a larger amount was actually due, or ,from collecting any
balance due to the City.
(f) That in consideration of the agreement of the Company to
make such payments, the City agrees that no license, tax or charge
on the business, occupation or franchise of the Company shall be im-
posed upon, exacted from or required of the Company by the City dur-
ing the term of this ordinance, but this provision shall not exempt
the property of the Company from lawful ad valorem taxes or from any
local improvement assessment.
r , (g) That the City reserves the right to cancel this franchise
-
at any time upon one year's written notice to the Company ' ~.he
event that the City decides to engage,in public ownership of light
and paver facilities and the public distribution of electric energy.
® (hi mt,nr rhp Company shall permit the City ::o string wires
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4e ^F the 07n"nv for municipal fire. police and water de-
partments, and for municipal telephone, telegraph and traffic signal
systems, and to attach to the top of any pole City fire alarm and
police signals, provided that such wires and signals siail be strung
so as to interfere as little as posrible with the wires of the
Company and to conform to the provisions of the National Electrical
Safety Code. The City agrees to reimburse the Company for the reason-
able cost of repairs to the Company's poles and wires necessitated
�t by, or resulting from, the use of the Company's poles by the City
as in this sub-paragraph set forth.
(i) That the Company shall not during the term of this fran-
chise sell, assign, transfer or convey this franchise without the
consent of the Council of the City expressed by ordinance first oo-
tained, and that upon obtaining such consent all of the pro isi=s
shall inure to and bind the successors and agar .Y:zarF ttrp Company;
and whenever the Portland General Electric Company shall be mentioned
in this ordinance, it shall be understood to include such successors ,
or assigns in interest of the Portland General Electric Company as
l-a consented to the Council.
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Section 11. That the rates to be charged by the Company for
electric energy shall be such as may be fixed and/or approved by
the Public Utilities Commissioner of Oregon, or any other govern-
mental official, commission or body having jurisdiction.
Section 12. That the Company hereby agrees and covenants to
indemnify and save harmless the City and the officers thereof against
all damages, costs and expenses whatsoever to which it or they may
be subjected in consequence of negligence of the Company, or its
agents or servants, in any manner arising from the rights and priv-
` ileges hereby granted.
Section 3. That the franchise hereby granted shall not be
exclusive and shall not be construed as any limitation on the City
- ±n grant rights, privileges and authority to other persons or corpor-
0tat ons similar to or different from those herein set forth.
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Section 14. That all rights, authority and grants herein
contained or conferred are also conditioned upon the understanding
and agreement that these privileges in the streets, allays, roads and
other public ways and places of the City are not to operate in any
way so as to be an enhancement of the Company's properties or values
or to be an asset or item of ownership in any appraisal thereof.
�e..rtn„ 15. The Grantee shall maintain facilities in the City
where itscustomersmay pay their bills for electric service during
normal business hours.
Section 16. The city reserves the right to exercise, wU th rte-
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gard to this franchise and the Grantee, a!! authority r.-ow or ••�L�-
after granted to the City by state statutes. All rights of the City
under any city charter hereafter adopted are reserved to the City and
provisions of the city charter applicable hereto shall be deemed in,
corporated by reference and nue a p»--
rr of this franchise.
section 17.- It is hereby declared that an emergency exists
and that it is necessary for the immediate preservation of the peace,
health, and safety of the people of the City of Tigard, Oregon, that,
this ordinance become effective immediately in order to provide con-
tinuity of electrical service, insure public revenues, and authorize
the proper use of public property within the City, and this ordinance
shall be in full force and effect upon its passage by the Council and
approval by the Mayor.
PASSED by
the Council this/`7 ''-day of January, 1962
APPROVED by the Mayor this __-ay of January, 1962.
the Cit of Tigard
Mayor of Y , regon
ATTEST-->/
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Recor er er cr �.. ty or Oregon