Ordinance No. 93-08 CITY OF TIGARD,OREGON
`ORDINANCE NO.93-dg
AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED' A WASHINGTON
ERECT AND
ANDCORPORATION. ITS SUCCESSORSER APPLIANI ONES, GRANTING THE RIGHT TO PLACE.
AND CONDUCTORS AND TO LAY UNDERGROUND
MAINTAIN POLES,WIRES AND
OTHERPURPOSES IN.
WIRES FOR THE TRANSMISSION OF ELECTRIC
THO OUGHFARES AND ITY FOR PUBLIC HIGHWAYS OFF TTHE CITY
AND OVER THE STREETS,ALLEYS,AVENUES.
OF TIGARD,OREGON,AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF
AGREEMER INTO CH
TIGARD; AUTHORIZING THE Di OR TO i -. AND REPEALING ALL
L�ONF T HFA' ITH=AND DECLARING AN EMERGENCY'
ORDINANCES AND PARTS OF OR
WHEREAS,The ten year franchise for the communicatlon facilities and servk;es provided by the GTE Nprgtwect
Incorporated, h described s the titleshould
of re he term��co dist ns:�forth for
rtth in���ata�d
believes that the franchise stroukl be hereof.
hereto,and by this reference made a Part
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION I. The terms and condit�b ordinance gpecwhis y set forthrd,Exhibit A,are hereby approved and
added as
part of SECTION 2. The Mayor is authorized and direded to sign the attached agreement on behalf of the Council-
ion ard the need to have a stable
SECTION
3. Because of the need to have stable telephone communicans declared and this oniinance shall
revenue flow to the City from franchise fees,an emergency
take effect upon its passage.
SECTION 4. The City Council detem fines that the fee Imposed by this franchise is rat a tax subject to the
property tax limitations of Article A Section 11 (b)of the Oregon Constitution.
�.-- --.�... r,•rc w,wt,,..ent InoornCreted.
SECTION S. This ordinance shall replace and repeal the prior rrar�lse w"'1 GTE
.'ort! --
Ordinance No.82-12 adopted March 8,1982 and wlY amendments thereto.
rl&KjmuU5 vote of all Council members present after being read by nuwnber and 01 only,
PASSED: BY�
his�— yf J 1993.
t
C ne atley,City Recorder
APPROVED: This dayof1993•
o n Sc war z, Cou cil President
Approved DDto forth: i
City Attorney/
Date
ORDINANCE No.93-�
Page 1
x,
EXHIBIT"A"
A franchise agreement between the City of Tigard and GTE Northwest Incorporated,a Washington corporation.
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the
City of Tigard to the GTE Northwest Incorporated,Inc.,a Washington Corporation,(herein referred
to as "Grantee"); its successors and assigns; subjed to the development ordinances and
regulations of the City,the right and privilege to conduct a general communication business within
the said City,or such other public property as may come within the jurisdiction of the City durIM
the term of this agreement. This for the purpose of furnishing,as a public utility the products and
services utilized in providing telephone,telegraph,and other communication products and services.
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, and purpose of serving as a common carrier of
Information for communication purposes.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets,
alleys,avenues,thoroughfares and public highways.
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,M 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 or—mie,
yww.,vo,o..v,s,—"filings shall be submitted with 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 provkied by law. The
City shall have the right to fix a reasonable time within which such repairs and restoration shall be
completed and upon failure of such repairs and restoration being made by grantee,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 ths,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 omisslon of the Grantee, its agents or employees in exercising the rights and
privileges granted hereunder and by this franchise. j
C
ORDINANCE No. 93-..LL
Exhibit"A"
Page 1 of 3
SECTION 6. The City,by its property constituted authorities,shall have the right to cause the grantee to move
the location of any pole, underground condult or equipment belonging to grantee whenever the
relocation thereof shall be for public necessity, and the expense thereof shall be paid by the
grantee. 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.
SECTION 7. 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 Oreaon 97223
(503)639-4171
SECTION 8. 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 9. 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::ase P acryirro; provided, however, that the person or persons doairi q.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 plant 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 rat less than ninety-six (96) hours written notice by the party desiring to
nave 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 necessarily delayed or cause grantee unnecessary expense or waste of
time.
SECTION 10. In consideration of the rights and privileges hereby granted,City shall have, and grantee hereby
grants to it,the right and privilege to suspend and maintain wires and necessary control boxes on
poles placed by the grantee in the streets,and other places aforesaid,or If such wires are placed
underground,to place/maintain In the pipes or conduits of grantee, if space therein is available,
wires which City may require for fire, police and traffic signal purposes. All such wires shall be
C placed on the poles or in conduits so as rat to interfere with communication service and shall not
carry currents or voltage dangerous to telephone plant or telephone users and all installation,
ORDINANCE No.93-Og
Exhibit"A"
Page 2 of 3
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• maintenance and repaks shall be s j*d to the rules.regulations and arspervision of the fly
Cm►Weee In
grantee
arsdharrNesthe �s from ltabl�ty whr"M Of Oft service and the W*"0($Uch facilities�may&180
ort hold
ft operation of these special SWIM.
r ;
'`� SEC_TION 11i. As further consideration.WaMee a0reea to Pay to the City five percent(59G)of the baa reverrue�s
derived from exchange access servion,as defined In ORS01. 1 this the city lieement is before
Such
payments shall be made to the CNy every sift months forthe
March 15 for the six month period ended December 31.and September 15 for the six month period
ended.lune 30.
The City shall have the right to charge the percentage of gross revenues set forth above at any
time during the tie of this agreement provided it has made such notice in writing at least 750 days
prior to the effective daft of any change.
The City shall taut the right to conduct or cause to be conducted.an audft of gross revenues as
defined herein.Such audits may be conducted at two year intervals beginning two yearns after#0
effective date of this agreement. The City shall conduct the audit at Its own expense. Any
dMerenoe of or Grantee through error or otherwise 88 6990 upon
by both the C�and Grantee,shant due hs be phe ayable within sixth(60)days after diaaovery of such error.
SECTION 12. The rights,privileges and franchise hereby granted shall continue to be In full force for a period Of
ten(10)years from the date of its passage and shall be subject to any ant all State or Federal
Ie*sletive enactments. However,this franchise shall be Inoperative unless it Is accepted In writkg
by the Grantee within sixty(60)days after the date of its passage.
SON I3, This Agreement shall take effect and be in force on Its day of signature,and the Grantee shad
conduct Its general business within the City under franchise to be granted,In full compliance with
the terms hereof.
DATED this�3=d day of
1993.
CITY OF TIGARD
ORE a M n
n Sc tz$ Council President
ATTEST: Jit v Fvu11t l t�6j—
Catherine Wheatley
City Recorder
1
ORDINANCE No.93-=
Exhibit W
pap
3of3