Ordinance No. 90-15 Age CITY OF TIGARD, OREGON
ORDINANCE NO. 90-15—
AN ORDINANCE AMENDING ORDINANCE 73-23 WHICH GRANTED TO PACIFIC NORMW EST BELL,
SNE COMPANY A FRANCHCSE SUBJECT TO mpmu 1 TEm's AND c ONDITIONB To
CONDUCT A GENERAL TE1MME BUSINESS WTMHIN THE CITY OF TTGARD.
MEREAS, the City of Tigard entered t.nto a franchise agreement with Pacific
Northwest Bell with Ordinance 73-2: dated July 23, 1973, which set forth
certain terms and conditions which were agreed to by both parties, and
W KW,AS, Chapter 484 of the Oregon Revised Statutles which beds effective
July 1, 1990 affects certain terms and conditions of the aforementioned
franchise agreement, and
wmvw, the City Council desires to carnply with the Oregon Favised Statutes in
its franchise agreements,
NOW, THEpEMRE be it resolved by the Tigard City Council:
Section 1: The following sections of ordinance 73-23 are hereby amended as
follows:
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[(b) In consideration of the rights, privileges and
franchise hereby granted, said Grantee, Pacific Northwest Bell
Tele one Ccsnpany, its successors and assigns, shall pay to the
City of Tigard, from and after the date of acceptance of this
franchise, and until its expiration, annually, three percent (3%)
per annum of its gross local service revenues derived from services
Within the corporate limits of the City, less net uncollectible
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 tmard 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 1974 payment shall
be made only for the period commencing on the date this franchise
effective and ending December 31, 1973; and such 3% payment
will be accepted by the City frcm the CaqowV also in payment of
any license, privilege or occupation tax or fee for revenue or
regulation, or any permit fees or similar charges for street
opening, installations, construction or for any other purpose now
or hereafter to be iVosed by the City upon the Company during the
term of this franchise.)
ordinance No. 90- IJ _
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,(b) in consideration of the ricd--ts.Vprivileaes,
franchise hereby granted, said Grantee, Pacific Northwest Bell
elehone ctwanv. its suxsors and as.,igns, shall pay to the
City of Tigard frcm and after the effective date of the
to this franchise and until June 30. 1990, annual. three percent
(3%) W anmuYY of its gross local service_ revenues derived_from
services within the cozroorate limits of the City of i net
uneollegtibleand revenue Mid directly to the Grantee
United states of America or any of its agencies. Effective July 1,
1990. and until the franchise's expiration, said Grantee shall 0y '
to the City of Ticxard annually, five percent (5%) of itsrass :
revenues derived fran exchame access s€'acvices as defined in CRS
401.710. within the limits of the Ckbi of Tigard less net
UnMo ible 'the reasonable value of any utility service or the
use of anv Grantee facilities usedreserved for use by the City
without Gant_ee°s psrescricharges shall be credited toward any
pMMnt due the City under this provision. Payment of this
franchise fee shall be made semiannually on or before the fifteenth
day of March and SentembP.x of each and every year for the one half
calendar_ Year ending December 31, and June 30 restively. For
the year 1990. payment of said three percent (3$) shall be made
only for the pexioci Januay 1, 1990 to June 30, 1990 and payment of
said five pexcexYt (5%) shall be made for the,period_July 1. 1990 to
Y
Decax 31, 1990.
Passed: By the Council, by unanimous vote of all Counci members present after
being read by number and title only, this -�2�, ,;,day of
1990.
`Recorder e City of Tigard
the Mayor, thigLN-�`" day of J ���' 1990
1,12
Mayor City of Tigard
APPROVED AS TO
Attorney
of/WLAMEND
N:\FORD\FINANCE
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_. Ordinance No. 90- L6
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