Loading...
Ordinance No. 73-20 CITY OF TIGARD, OREGON ORDINANCE No.73-,20 AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL, AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELEPHONE PURPOSES, IN, UPON, UNDER, OVER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, AND TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN SAID CITY OF TIGARD, PRESCRIBING TERMS AND CONDITIONS, REPEAL- ING Ordinance No,72-57, FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That Pacific North-•rest Bell, an Oregon corporation, here- inafter sometimes referred to as the "Company" or the "Grantee", is hereby granted, subject to the terms and conditions hereof, the franchise rtght and privilege to erect, construct, main- tain and operate a general telephone system and business 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 telephone service, 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 sane now are or may be hereafter constituted. All poles, wires, fixtures, equipment, underground circuits and other property owned or in possession of the Com,, -.ay 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 therewith, and the location and placement thereof is hereby approved. The City reserves the right to vacate, alter, or close any street, bridge or public place, but in so doing will give due regard to the presence of Company's facilities and the continued rendition by Comb ny of service to the public. Section 2: This franchise is granted for a period of 20 years from the effective date of this ordinance unlesssooner ter- minated as provided in this ordinance, but the Council of the City of Tigard may terminate this franchise at any time after 10 years from the effective date hereof upon 6 months' notice in writing to the Company. Section 3: That the Company shall file with the City Engineer, or other City official designated by the City, maps or sketches showir.5 any proposed line construction work to be done by the Company 1n any street, alley, road or other public way or place _ 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: It shall be lawful for Pacific Northwest Bell, its suc- cessors and assigns, to make all needful excavations in any of such streets, alleys, avenues, thoroughfares and public high- ways, places and grounds in said City for the purpose of placing, �f �J erecting, laying and maintaining poles or other supports or conduits for said wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. Said work shall be done in compli- ance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of Tigard. 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 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. Section 6: That the City, by its properly constituted authorities, shall have the right to cause the Company to move the location of any pole whenever the relocation thereof shall be for public necessity or convenience, and the expense thereof shall be paid by the Company. Section 7: That nothing in this ordinance shall be construed as in -' any way to prevent the City from sewerIng, grading, pav- ing, 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 done, if possible, in such Y anner as not to obstruct, injure or prevent free use and operation of the said telephone system of the Company. Section 8: That whenever it shall be necessary in sewering, 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 on which any wire or circuit of the Company. shall be stretched or fastened, the Company shall, upon twenty (20) days' written notice from the City, or its properly constituted authorities, remove such pole, underground conduit, equipment, 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. i Section 9: Whenever it become necessary to temporarily rearrange, re '— move, lower or raise the aerial cables or wires or other apparatus of the Company to permit the passage of any building, machin- ery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the City,,the Company will c perform such a rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said build- ing, machinery or other objects. Said notice shall bear the approval oftheEngineer for the City, shall detailthe routs of movement of the building, machinery or other object, shall provide that the costs in- carred by the Company in making such a rearrangement of its aerial facilities willbe borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save the Company harmlessof and from any and all damages or claims of whatsoever kind or nature caused directly or indirectlyfrom such temporary rearrange- ment of the aerial facilities of the Company, and if required by the Company, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Company. Section 10: That the rights and privileges granted by this ordinance are granted upon the conditions herein contained and also upon the following consideration and conditions, to-wit: (a) That Pacific Northwest Bell shall, within thirty (30) days after the effective date of this ordinance, file with the City Recorder its written acceptaiice of this ordinance, subject to all the terms, obligations, restrictions and provisions of this ordinance; and upon the expiration of the allotted time for the acceptance of this ordinance, the same not having been accepted unconditionally, then this ordinance shall become wholly void, inoperative and of no effect. (b) In consideration of the rights, privileges and franchise hereby granted, said Grantee, Pacific Northwest Sell Telephone Company, its successors and assigns, shall pay to the City of Tigard, from and after the date of acceptance of this franchise, and until its expira- tion, annually, three per cent (3%) per annum of its gross local ser- vice revenues derived from services within the corporate limits of the City, less net uncollectibles and revenue paid directly by the United States of America or any of its agencies. The reasonable value of any utility service or the use of any Company facilities used or reserved for use by the City without charge shall be credited toward any payment due the City under this provision. Payment of said 3% shall be made on or before the 15th day of March of each and every year for the calendar year preceding, with the exception that in the ,year 1973 payment shall be made only for the period commencing on the date this franchise becomes effective and ending December 31, 1973; and such 3% payment will be accepted by the City from the Company also in payment of any license, privi- lege or occupation tax or fee for revenue or regulation, or any per- mit fees or similar charges for street openings, installations, con- struction or for any other purposo now or hereafter to be imposed by the City upon the Company during the term of this franchise. (c) Acceptance by the City of any payment due under this sec tion 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 payments preclude the City from later establish Ing that a larger amount was actually due, or from collecting any balance due to the City. (d) 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 franchis,, of the Company shall be im- posed upon, exacted from or required of the Company by the City during the _term of this ordinance, but this prevision shall not exempt the property of the Company from lawful ad valorem taxes or from any local improvement assessment. Section 'll: 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 privileges hereby granted. ' Section 12: That the franchise hereby granted shall not be exclusive and shall not be construed as any limitation on the City to grant rights, privileges and authority to other persons or corpor- ations similar to or different from those herein set forth. Section 13: All rights are reserved to the City, and the provisions of the city charter and State statutes applicable hereto shall be deemed incorporated by reference and made a part of this franchise; provided that the Company shall have the right to cancel 3. k this franchise by written notice to the City given at any time within sixty (60) days and such cancellation shall then become effective thirty (30) days after receipt of said notice by the City. Section 14: Inasmuch as Ordinance No,72-57 enacted by the Council on October 9, 1972 is hereby superseded, said Ordinance No. 72-57 be, and the same is, hereby repealed. Section 15: Inasmuch as it necessary for the peace, health and - safety of the people of the City of Tigard that the sources and rates of revenue from public utilities within the City be maintained on a current basis, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval of the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this ;,gth day of July, 1973. e order - City bf T ga d APPROVED: By the Mayor, this ^9th day of Judy, 1973. ayar - ty o T gar f L l y T