Ordinance No. 99-25 t
CITY OF TIGARD,OREGON
ORDINANCE NO.99-;6—
AN ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Services, LLC, ITS
SUCCESSORS AND ASSIGNS, GRANTING 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 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 TELECOMIAUNICATION BUSINESS WITHIN THE CITY OF TIGARD;
AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT;AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT HEREWITH;AND DECLARING AN EMERGENCY.
WHEREAS, The ten year franchise for the communication facilities and services provided by MCI Metro Access
Transmission Services, LLC, described in the title of this ordinance is now before the City Council for approval. The
Council believes that the franchise should be approved under the terms and,conditions set forth in Exhibit A,attached
hereto,and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and
adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Nlayor 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
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
property tax limitations of Article XI,Section 11 (b)of the Oregon Constitution.
PASSED: Byqjngn,► ote of all Council members present after being read by number and title only,this_
l�day of1999..
"2, �.
atherine Wheatley,City Recorder
APPROVED: This l day of ' 1999.
icoli,May6r
Approved as to form:
C' Attorney
ri. G
Date
ORDINANCE No.99-
Exhibit„a„
EXHini i"A"
A franchise agreement between the City of Tigard and MCI Metro Access Transmission Services, LLC,
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the
City of Tigard to MCI Metro Access Transmission Services, LLC, (herein referred to as "Grantee");
its successors and assigns; subject to the development ordinances and regulations of the City, the
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 for the
purpose of furnishing, telecommunications servi-es 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
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 State 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
cable system within the City, it must comply with the City's regulations relating to cable
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,
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, if 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 emergencies, such filings shall be submitted within 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 provided 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 the City and its
officers,agents and em'ployees 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
omission of the Grantee, its agents or employees in exercising the rights and privileges granted
hereunder and by this franchise.
SECTION 6. 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.
Such charges shall comply with state statutes and administrative rules. 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 pian 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.
The costs associated with the removal,relocation or extension of Grantee's facilities at the request
of a private developer or development shall be borne by such private developer or development.
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, Oregon 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 case require;provided, however,that the person or persons desiring 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 plan 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 not less than ninety-six
(96) hours written notice by the party desiring to move 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 riot be unnecessarily delayed or cause grantee
unnecessary expense or waste of time.
SECTION 10. In consideration of the rights and privileges hereby granted, grantee agrees to pay to the City five
percent (5%) of the gross revenues derived from exchange access services, as defined in ORS
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.
Such 5% payment will be accepted by the City from the Grantee also in payment of any license,
privilege or occupation tax or fee charged for regulatory or revenue purposes. The 5%payment is
not accepted in satisfaction of payments due to City for the failure of Grantee to perform any of
Grantee's obligations pursuant to this franchise agreement including but not limited to Grantees'
obligations to bear the cost of repairs under Section 4 and the cost of relocation under Section 6.
The City shall have the right to change the percentage of gross revenues set forth above at any time
during the life of this agreement provided it has made such notice in writing at least 180 days prior to
the effective date of any change.
The City shall have the right to conduct, or cause to be conducted, an audit of gross revenues as
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
of payment due either the City or Grantee through error or otherwise as agreed upon by both the
City and Grantee,shall be payable within sixty(60)days after discovery of such error.
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
ordinance shall take effect and be in force on the day of its passage and approval. This ordinance
shall be subject to any and all State or Federal laws and regulations.
SECTION 12. The Grantee shall,within thirty(30)days of the effective date of this ordinance,file with the Recorder
of the City its written acceptance of all the terms and conditions of the ordinance and if not so
accepted by the Grantee,this ordinance shall be void.
DATED this day of ar+ ,1999.
CITY OF T ARD
GON,a Muni c" C ation
By:
M o James Nicoli
ATTES
9therinlr Wheatley
City Recorder
I
ACCEPTANCE OF FRANCHISE
WHEREAS,the CITY OF TIGARD,OREGON,under date of 1999 passed ORDINANCE NO.
,entitled as follows,to wit;
AN ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Services, LLC, ITS
SUCCESSORS AND ASSIGNS, GRANTING 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 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 OF ORDINANCES IN CONFLICT HEREWITH,AND DECLARING AN EMERGENCY.
NOW, THEREFORE, the undersigned, MCI Metro Access Transmission Services, LLC, the grantee named in said
Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance
No. and agrees to be bound thereby and comply therewith.
IN WITNESS WHEREOF, MCI Metro Access Transmission Services, LLC has caused this instrument to be executed
by its officers as below subscribed this day of , 1999.
Y
MCI Metro Access Transmission Services, LLC
By
Received by the City of Tigard
this day of 1999.
MEMORANDUM
CITY OF TIGARD, OREGON
TO: 'Craig Prosser
FROM: Greer Gaston
DATE: September 20, 1999
SUBJECT: Ordinance No.99-25 Franchise Agreement
Attached are two certified copies of Ordinance No. 99-25, along with two original copies of
Exhibit "A", the franchise agreement between the City of Tigard and MCI Metro Access
Transmission Services,LLC.
Please have MCI Metro Access Transmission complete and sign the last page of both
sets of franchise agreements. One set of executed documents should then be returned to
the City and forwarded to our Records Department for retention. The other executed
document can remain with MCL
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CITY OF TIGARD, OREGON
AFFIDA`VTr OF POSTING
In the Matter of the Proposed
STATE OF OREGON j
County of Washington ) ss.
City of Tigard )
I, begin first duly sworn, on oath,
depose ands :
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) A as
which were adopted at the Council Meeting dated 6 copy(s)
of said ordinance(s) being he eto att ched and by reference made a part hereof, on the_
day of -- '�M W hi k , 1A q
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn-to before me this 47 day of 4JI4 1. , 19�.
--M ��Vl
cXT caunct+ Notary Public for Oregon
MARY PUKOMEGON
COWSSION X663
W commssm EmkEs FEE11,2m My Commission Expires:
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