Ordinance No. 62-05 CITY OF TIGARD, OREGON - ORDINANCE NO.
F An ordinance granting Portland General Electric Company,
an Oregon corporation, its successors and assigns, for a period of
years from and after the effective date of this ordinance, the right 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
circuits and equipment necessary or convenient to supply said City and the in-
habitants thereof and others with electric energy for light, power and other
purposes, upon, over, along, under and across the streets, 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 nanATNFn BY THE COUNCIL OF THE CITY OF TIGARD:
Section 1. That Portland General Electric Company, an Oregon
times referred to as the "Company" or the
corporation, hereinafter some
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"Grantee", is hereby granted, subject to the terms and conditions hereof, the
franchise right and privilege to erect, construct, maintain and operate an
.fnm within the corporate limits of the City of Tigard,
electricuglit and p-
herein
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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,
fixtures, equipniert, underground circuits
maintain and operate poles, wires,
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 and across the streets, alleys, roads
and other public ways and places within the corporate limits of the City as the
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same now are or may be hereafter constituted.
{ All poles* wires, fixtures, equipment, underground circuits
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
C jthis ordinance and to be located in accordance therewith, and the location and
placement thereof is hereby.approved. The City reserves the right to vacate,
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ridge or public place.
alter, or close any street, b
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Section Z. This franchise is granted for a period of 20 years
(_ from the effective date of this ordinance unless sooner terminated as provided
in this ordinance, but the Council of the City of Tigard may terminate this
franchise at anytime 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,
neglect, 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 rights and privileges hereii:granted
may be terminated an-i annulled by the Cou'1161 or other legislative body of the
\City, and the Company shall forfeit 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 new lire extension construction work to be done by the Company within
the corporate limits of the City prior to undertaking 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 other public way or place for the purpose of erect-
ing, constructing, repairing, maintaining, removing and relocating poles and
other supports for its wire, conductors, lights or street lights; laying, repairing
( and maintaining its underground conduits and pipes; and for placing, maintaining
4." and operating its wires and conductors. All poles of the Company shall be
erected at the outside edge of the sidewalk unless otherwise directed by the proper
City authorities.
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Section 5. That when any excavation shall be made pursuant to
the provisions of this ordinance,,# the Company 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 thereof; and all work shall be done in strict com-
pliance with the rules, regulations, 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
._, ,hc ,. ..c.,.� ,.--ia ei by the City. and the �
public highway, may oe %uru�.. a.•+ �_•� »Z-»_ _-r- _.. ,
cost therefor, including inspection and supervision, shall be paid by the Company,
and the City may require the prior deposit with the City Treasurer of a sum
estimated to be sufficient to pay the cost to be borne by the Company prior to
the excavation of said street, alley, or public highway.
Beeth., b_ That the rit".i by;tG properly constituted authorities,
shall have the right to cause the of any pole
whenever the relocation thereof shall be for r public necessity or convenience,
and the expense there be paid b;the,.Co „_...
Section 7. That nothing in this ordinance shall be construed
as in any way to prevent the City from sewering, grading, paving, planking,
repairing, widening, altering or doing any work that may be desirable on any
of the streets, alleys, roads or public ways or places; but all such work shall
be dons if possible, in such manner as not to obstruct, injure or prevent free
u se and operation of the said electric light and power system of the Company.
Section 8. That whenever it shall be necessary_in sewering,_,
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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
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belonging to the Company or on which any light, wire or circuit of the Company
shall be stretched or fastened, the Company shall, upon ten(10) days written
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Llif•u. or its nrouerly constituted authorities, remove surVpole, `
�- F , 6 vire or circuit and if it fails,neglects i
underground condul� e-ui m nt light, !
` ,- its properly constituted auth oritie.s,_may TP-
or refuses so .� do, the Gay, by F_ P --._.._ . ..---
move the same at the expense of the Company.
Section 9. Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables or wires or other appa-
ratus of the grantee to permit the passage of any building, machinery or other
object, the said grantee will perform such rearrangement on seven (7) days'
.-ft._ ,--`-�-' Qam boil dine
written notice from the person or persuus a��._b:c ===o S,am - ssINIIIIII
machinery or other obj,-.::s. Said notice shall bear the approval of such official
as the Council may designate; shall detail the route of movement of the building,
machinery or other objects; shall provide that the costs incurred by the grantee
in making such rearrangements of its aerial plant will be borne by the person
or persons gi- ng said notice; and, if required by grantee, shall be accompanied
by a cash deposit or a good and sufficient bond to pay any and all s Ic' cc..... as --
estimated by grantee.
Section 10. That the rights and privileges granted by this
ordinance are gran-ted upon the conditions herein contained and also upon the
following considerations and conditions to-wit:
(a) That Portland General Elect .c Company shall, within
thirty (30) days from the effective date of this ordinance, file with the City
Recorder its written acceptance of this ordinance, subject to all the terms,
rovisions of this ordinance; and upon the expiration
obligations, restrictions and p
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of the allotted time for the acceptance of this ordinance, the same not having
been accepted unconditionally, them this ordinance shall become wholly void, in
operative and of no effect.
(b) As compensation for the rights and privileges herein
e d' her consiOe ration in this ordinance expressed, the
granted, in addition to any _t... _ r
® Company shall pay to the City an amount equal to three per cent (3%) of the gross
revenue each year beginning January 1, 1962, 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 said operating period for uncollectible accounts, and excluding all sales
of electric energy by the Company to any public utility within 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 governmental
agency purchasing such electric energy and distributing same to its customers
or other users:
(c) The 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.
(d) The Grantee shall furnish to the City with each payment of
compensation required by this section a written statement, under oath, executed
by an officer or general manager in charge of operations in Oregon showing the
w .junt 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 compensation for the period covered by the statement shall be computed on
the basis of the gross revenue so reported. If the Grantee fails to pay the entire
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amount of compensation due the City, through error or otherwise; the difference
due the City shall be paid by the Grantee within 15 days from disca-,-VY of the
error or determination of the correct amount. Any overpayicient to the City,
through error or otherwise, shall be offset against the next payment due from
the Grantee.
Upon receipt of such semiannual payment the City Recorder
(Clerk) shall issue his receipt therefor, which shall be full acquittance of the
Ca f— +},e aum 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 Utility 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 section
shall not be deemed to be a waiver by the City of any breach of this franchise
occurring prior thereto, nor shall the acceptance by the City of any such pay-
^bl;sh that a la - am011nt wa g
mems preclude the City liUlil Lal.ca 'nb b
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 imposed upon,
exacted from, or required of the Company by the City during the term cf this
ordinance, but this provision shall not exempt the property of the Company from
lawful ad valorem taxes or from any local improvement assessment.
(g) That the City reserves the right to cancel this franchise at
any time upon one year's written notice to the Company in the event that the
E, City decides to engage in public ownership of light and power facilities and the
public distribution of electric energy.
(h) That the Company shall permit the City to string wires on
poles of the Company for municipal fire, police and water duparuu1-11-2, .••�
for municipal telephone, telegraph and traffic signal systems, and to attach to
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the top of any pole Lity fire alerYti and polico signals, provided that such wires
and signals shall be strung so as to interfere as little as possible 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 reasonable cost of
repairs to the Company's poles and wires necessitated by, or resulting from,
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the use of ciao -cc by the City as in this sub-paragraph set forth.
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(i) That the Company shall not during the term of this franchise
sell, assign, transfer or convey this franchise without the consent of the Council
of the City expressed by ordinance first obtained, and that upon obtaining such
consent all of the provisions shall inure to and bind the successors and assigns
of the 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 shall have
been so consented to by the Council.
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 governmental official, commis-
sion 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,
coats 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 privileges hereby granted.
Section 13. That the franchise hereby granted shall not be ex-
elusive and shall not be construed as any limitation on the City to grant rights,
privileges and authority to other persons or corporations 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 agree-
ment that these privileges in the streets, alleys, roads and other public ways
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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.
Section 15. The Grantee shall maintain facilities in the City
® where its customers may pay their bills for electric service during normal
business hours.
Section 16. The City reserves the right to exercise, with regard
to this franchise and the Grantee, all authority now or hereafter 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 incorporated by reference and made a part of this franchise.
In the event a city charter is adopted; the terms of which are not acceptable to the
Company, the Company may cancel and terminate this franchise upon ninety(90)
days' written notice to the City Council.
Section 17. Ordinance 62-4 heretofore enacted with respect to the
same subject matter, be and the same is hereby repealed and superseded hereby.
Section 18. 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 continuity of e:ectrical service, insure
public revenues, and authorize the proper use of public property within the City,
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and this ordinance shall be in full force and effect upon its passage by the Council
®` and approval by the Mayor.
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PASSED by the Council this /A/ day of r ebruary, 1962.
APPROVED by the Mayor this �_day of February, 1962.
Mayor of the City of igard, Ore�gou -
ATTEST:
Recorder(Clerk) of the City of Tigard, Oregon
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