Ordinance No. 97-01 -.111111111110.
s CITY OF TIGARD,OREGON ;
r ORDINANCE N0.97- ,y Jim
AN ORDINANCE RENEWING THE FRANCHISE OF U S WEST COMMUNICATIONS, ITS SUCCESSORS AND w
ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER
} a APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ', I >
4 ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS,
ALLEYS,AVENUES,THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD,OREGON,AND
TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE
' MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OFt -Now
ORDINANCES IN CONFLICT HEREWITH;AND DECLARING AN EMERGENCY.
WHEREAS, The ten year franchise for the communication facilities and services provided by U S WEST
3 Communications,described in the title of this ordinance is now before the City Council for renewal. The Councils
believes that the franchise should be renewed under the terms and conditions set forth in Exhibit A,attached hereto, r �
and by this reference made a part hereof. r
THE CITY OF TIGARD ORDAINS AS FOLLOWS:- .,
SECTION 1. The terms and conditions of the attached franchise agreement,Exhibit A,are hereby approved and 3y Y
{ adopted as part of this ordinance as if specifically set forth.
F f SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. ;
SECTION 3. Because of the need to have stable telephone communication and the need to have a stable t {
revenue flow to the City from franchise fees,an emergency is declared and this ordinance shall take _ �.
effect upon its passage. '
SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the `.
proptax limitations of Article A,Section 11(b)of the Oregon Constitution.
erty [.
•�✓ SECTION 5. This ordinance shall replace and repeal the prior franchise with Pacific Northwest Bell Telephone
Company, Ordinance No.73-23 adopted July 23,1973 and any amendments thereto. In addition,I g.
is agreed by the City and Grantee that the terms of Ordinance No.73-23 remained in effect from July ' t
23,1993 unfit the effective date of this ordinance.
PASSED: By un—top"vote of all Council members present after being read by number and title only,this_
II'*."day of La ,1997.
Catherin%Wheatley,City Recorder
E r APPROVED: This qday of ��watr 1997.
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ORDINANCE No.97-M
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EXHIBIT"A"
A franchise agreement between the City of Tigard and U S WEST Communications.
Subject to the other terms and conditions set forth in this document there is hereby granted by the j®
aEQnQN 1.
City of Tigard to U S WEST Communications,(herein referred to as"Grantee");its successors and
assigns;subject to the development ordinances and regulations of the Citythe right and privilege to
conduct a telecommunications business within said City,or such other public property as may come •
within the jurisdiction of the City during the term of this agreement. This for the purpose of
furnishing, telecommunications services as defined in State and Federal Law. 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 r
associated with Grantee's function,and purpose of serving as a telecommunications utility.
This franchise is granted solely for the privilege of providing telecommunications services as defined
by :Mate and Federal Law. This franchise does not include the right to conduct the business of
providing a"cable system" as defined in applicable law. Should the Grantee desire to provide a e
i cable system within the City, it must complywiin uic CIty's regulations relating t. ^^ble nr
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communications in force at that time.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, ' r z
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alleys,avenues,thoroughfares and public highways. ku
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.TION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed 4 ; #
underground construction work to include the installation of additional facilities or relocation or i£a
extension of existing facilities within any street,alley, road or other public way or place within the E
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,if possible, notify the City of the location and general description of the z ,.
work before beginning work.
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All work shall be done in a reasonably safe manner taking into account City standard traffic control zf`:
procedures and in accordance with requirements of applicable federal laws, state laws, or City .
ordinances. In emergencies,such filings shall be submitted within thirty(30)days of completion of
emergency construction work. a '
CSF TION 4. When any excavation shall be made pursuant to the provisions of this ordinance,the Grantee shall N'
restore the portion of the street,alley,road,or public or place to the same condition to which it
ic wa
was prior to the excavation. Al such work shall be done in strict compliance with the rules,
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regulations,ordinances or orders which may be adopted from time to time during the continuance of
v0::n^,°!Cr,�,w C....;nmr�r�_n'•ay he othonuiev nrnyirigrl by layy, The City
this franchise by the Ci",j i Sn-in
shall have the right to fix a reasonable time within which such repairs and restoration shall be # " f
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. z s
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SECTION 5. The Grantee hereby agrees and covenants to indemnify,save harmless and defend the 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
granted
omission of the Grantee, its agents or employees in exercising the rights and privileges
�w
hereunder and by this franchise. r
Ordinance No.97-PI
r Exhibit"A"
Page 1 of 3 K } .
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' SECTION 1. The City,by its properly constituted authorities,shall have the right to cause the grantee to move the
location of any pole, underground conduit or equipment belonging to grantee whenever the
relocation thereof shall be for public necessity,and the expense thereof shall be paid by the grantee.
a Such charges shall comply with state statutes and administrative rules. Whenever it shall beiiiiiililllllliio
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necessary for public necessity to remove any pole,underground conduit or equipment belonging to "
grantee or an 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 pales,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.
The costs associated with the removal,relocation or extension of Grantee's facilities at the request t x4
of a private developer or development shall be bome by such private developer or development. o
}
i SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall a # {
name,
provide the City with the position and hone number of Grantee staff fhat can be contacted for :£
P
�dminiot motion of Lhfs�greemeg nrl fnr contact with construction-related questions and comments. a
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Such notices and approval shall be directed to the City as follows:
Citv Enai eer Citv of Tigard
! 13125 SNt Hat{Blvd Tigard-Oregon 97223 � �,;�
I
(503)639-4171
SECTION B. Upon request of the City,the grantee shall provide available plans and locate any underground f k
conduit or equipment belonging to grantee,as required for the preparation of construction drawings.
TIC ON 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,(ower or raise,its wires,cables or other plant as the necessities of -_
require;provided,however,that the person or persons desiring to move any such buildings, ,
the case eq
machinery or other objects,shall pay the entire actual cost to grantee of changing,altering,moving, y
removing or replacing its wires,cables or other plan so as to permit such passage,and shall deposit
in advance with grantee a sum equal to such cast 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 not less than ninety-six
196)hours witteg nntine by the rorty desiring to mnya Cf�r`h hHitiiing nr ether objP.Cte. Said nAtice
i....r noti,,....r r,...� .._.....�
shall detail the route of movement of such budding oro ther objects over and along the streets,alleys,
avenues,thoroughfares and public highways and shall bear the approval of the City. Such moving � E�3 t,
shall be with ac mi crh haste as possible and snail not be unnecessar ly delayed or Cause grantee
unnecessary expensa or waste of time.
{ SECTION 10. In consideration of the rights and privileges hereby granted, g antes agrees to pay to the City five 3m .
percent(5%)of the gross revenues derived from exchange access services, as defined in ORS _ f
401.710 within the city limits less net uncollectibles. Such payments shall be made to the City every
six months for the life of this agreement on or before March 15 for the six month period ended
December 31,and September 15 for the six month period ended June 30. ,
t
Such 5%payment veil{be accepted by the City from the Grantee also in payment of any license, 1
privilege or occupation tax or fee for revenue or regula,.on,or any permit fees or similar charges for
Ordinance No.97--PS
Exhibit"A' E
Page 203
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s � }* street opening, installations, construction or for any other purpose related to providing ' k
x telecommunications services as defined in this franchise,now or hereafter to be imposed by the City
x upon the Grantee during the term of this franchise. i � 7
(> `` The City shall have the right to change the percentage of gross revenues set forth above at any time I=
� 3I a during the life of this agreement provided it has made such notice in writing at least 180 days prior to r r� }, �►
the effective date of any change.
t �t The City shall have the right to conduct or cause to be conducted,an audit of gross revenues as
Kr defined herein.Such audits may be conducted at two year intervals beginning two years after the
effective date of this agreement. The City shall conduct the audit at its own expense. Any difference i< rrtt♦
$ ,
of payment due either the City or Grantee through error ar otherwise as agreed upon by both the City { r ' _
and Grantee,shall be payable within sixty(60)days after discovery of such error. Ea ,�
� $ i SECTION 11, The rights,privileges and franchise hereby granted shall continue to be in full force for a period of ten ';
(10)years from the date this ordinance becomes effective. It is understood and agreed that either
party may terminate or renegotiate the terms of this agreement after 180 days notice in writing.This r
ordinance shall take effect and be in force on the day of its passage and approval. This ordinance r. 5'
c shall be subject to any and all State or Federal laws and regulations.
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SECTION 12. The Grantee shall,within thirty(30)days of the effective date of this ordinance,file with the Recorder
t of the City its written acceptance of all the terms and conditions of the ordinance and if not sots
lr accepted by the Grantee,this ordinance shall be void.
DATED this Af-day of 1997.
CITY OFT ARD
EGON,a M ipal ration '
ny
Ma James Nici
14
ATTEST
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Catherine Wheatley ` U
,ca City Recorder
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Ordinance No.97-_=16'1 x
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ACCEPTANCE OF FRANCHISE ;
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WHEREAS,the CITY OF TIGARD,OREGON,under date of 1997 passed ORDINANCE NO. s "
entitled as follows,to wit 1
��r
AN ORDINANCE RENEWING THE FRANCHISE OF U S WEST Communications, ITS SUCCESSORS AND K•
A4 ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER ,
" 4 APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF
�r ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS. y �,
iE rye ALLEYS,AVENUES,THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD,OREGON,AND -"
¢ � TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE - ti
MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF
h x ORDINANCES IN CONFLICT HEREWITH,AND DECLARING AN EMERGENCY.
jI pl -
k NOW,THEREFORE,the undersigned;U S WEST Communications,the grantee named in said Ordinance,does for F u
s k itself and iw successors and assigns accept the terms,conditions and provisions of Ordinance No._and agrees
to be bound thereby and comply therewith. �v
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IN WITNESS WHEREOF,U S WEST Communications has caused this instrument to be executed by its officers as
below subscribed this day of 1997.
yk, m
U S WEST Communications ,
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uXA,� t � By �
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Received by the City of Tigard c
r this_day of 1997. ti
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