Ordinance No. 06-11 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 06-f 1
AN ORDINANCE AMENDING AND RENUMBERING TIGARD MUNICIPAL CODE
CHAPTER 5.14 AND TITLE 15 TO INCORPORATE A RIGHT-OF-WAY USAGE FEE AND
CLARIFY FRANCHISE AND RIGHT-OF-WAY USE REQUIREMENTS FOR ALL UTILITIES
WHEREAS, the City has the obligation to manage its rights-of-way for the benefit and protection of
its residents;and
WHEREAS, the City and most utilities that use the City rights-of-way have entered into franchise
agreements that regulate use of the rights-of-way and require the payment of franchise fees as
compensation for use of the rights-of-way;and
WHEREAS,the"Telecommunications Franchise Ordinance"in Chapter 5.14 of the Code sets out the
franchise and right-of-way use requirements for telecommunications carriers;and
WHEREAS, recently several telecommunications carriers have refused to enter into new franchise
agreements;and
WHEREAS,it is important to have specific language in the Code to clarify the City's existing authority
to receive compensation for use of the rights-of-way in the absence of a current, valid franchise
agreement;
WHEREAS, Chapter 15.04,"Work in the Right-of-Way,"references a franchise requirement for other
utilities using the rights-of-way, but does not specify the franchise and right-of-way use requirements;
and
WHEREAS, the City desires to adopt consistent standards and regulations for use of the rights-of-way
and to place these standards and regulations in the appropriate Title and Chapter in the Code.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapters 5.14 and Title 15 of the Tigard Municipal Code are amended and
renumbered as shown in Attachment A to this Ordinance. (Strike-through text is
deleted from the Code;underlined text is added to the Code.)
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature
by the Mayor,and posting by the City Recorder.
ORDINANCE No. 06-
Page 1
PASSED: By_ YYI gA (4y vote of all Counqjl members present after being read by
number and title only,this j�]t day of , 2006.
ca-va:9�--
Catherine Wheatley,City Recorder
� p
APPROVED: By Tigard City Council this tA day of.tt-t_i )2006.
Craig Dir en,Mayor
Approved as to form:
f
City AtDIrney
Date
ORDINANCE No.06- C
Page 2
or�
ATTACHMENT A
TIGARD MUNICIPAL CODE
Chapter 5.1"15.06 5.14.30015.06.200 Construction Permits..
5.14:.31015.06.210 Facilities.
S--FRANCHISED UTILITY 5.14.32015.04.040 Permit Applications.
ORDINANCE. 5.115.04.050 Review By City Engineer.
5.14.34015.04.060 Permit Issuance.
GENERAL TERMS&CONDITIONS 5.1�X4.35015.04.070 Compliance With Permit.
5.14.36015.04.080 Notice Of Construction.
5.1015.06.010 Short Title. 5.14.37015.04.090 Construction In Right-Richt_
5.1�X4 015.06.020 Definitions. Of f--Way.
5.1015.06.030 Purpose. 5.1415.06.240 As Built Drawings.
15.06.040 Jurisdiction. 5.1�4-39015.04.120 Restoration Of Rights
5.14.04015.06.050 Franchise Required. Of Way And City Property.
5.1a X4.05015.06.060 Grant Of Franchise. 5.-14.40015.04.140 FeF&rmaiiee "-'
5.14.06015.06.070 Privilege Granted. Completion BondFinancial
5:-14.07015.06.080 Term. Securi
5.14.-08015.06.090 Franchise Fee. 5.'41015.06.250 Coordination Of
15.06.100 Right-of--Way Usage Fee. Construction.
5.14.09015.06.110 Application Standards For 5.14.42015.06.260 Relocation Or Removal Of
Joint Telecommunications/Cable Facilities.
Franchises. 5.14.;3015.06.270 Plan For Discontinuance Or
Removal.
APPLICATION&RENEWAL PROCESS 14.44015.06.280 Removal Of Abandoned
Facilities.
5.14.40015.06.120 Application. 5.115.06.290 Removal By City.
5.1�X4015.06.130 Denials. 15.06.300 Appeals.
5.-14:12015.06.140 Renewal.
TERMINATION/CURES
OBLIGATIONS OF FRANCHISE
5.14 50015.06.310 Revocation Or Termination
5.,�X4.20015.06.150 Assignment Or Transfer Of Of A Franchise.Or Authority To
Franchise. Use Rights-of-Way.
5:14.21915.06.160 Leased Capacity. 5.'��4.51015.06.320 Standards For Revocation
5.14.22015.06.170 Duty To Provide Or Termination.
Information,Audit Responsibility. 5.14.52015.06.330 Notice And Cure.
• 314.53015.06.340 Penalties.
5.14.24015.06.180 Insurance. 5.14.54015.06.350 Other Remedies.
5.1=4.25015.06.190 Indemnification.
5.14.260 Y,..,...,.'..To Grantee's Fac:sties. SEVERABILITY&APPLICATION TO
5.128015.06.220 Location Of Facilities. EXISTING AGREEMENTS
5.14.29015.06.230 Interference With Right
Rishts-Aof=Way. 5.1� 60015.06.360 Severability And
Preemption.
CONSTRUCTION ISSUES 5.14.61015.06.370 Application To Existing
Agreements.
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TIGARD MUNICIPAL CODE
GENERAL TERMS&CONDITIONS partnership association corporation or entity but
not including special districts or compty service
544. 1815.06.010 Short Title. districts.
This Echapter shall be known and referred to -35. Paght Right-efof way. As used in this
as the Tigard Franchised chapter, "rigl}t--right-ef-of way" includes City
Utility Ordinance. streets, roads, bridges, alleys, sidewalks, trails,
paths, and all other public ways and areas
5:14.82015.06.020 Definitions. managed by the City. "Right RRi a&of way"
also includes public utility easements to the extent
1. Emergency. As used in this chapter, that the easement allows use by the fienehisee
"emergency" means a circumstance in which utility operator planning to use or using the public
immediate repair to damaged or malfunctioning utility easement. "Right—Right-ef—of way"
facilities is necessary to restore lost service or includes the subsurface under and airspace over
prevent immediate harm to persons or property. these areas. "Right-of-way" does not include the
airwaves for purposes of CMRS broadcast
2. Franchise. As used in this chapter, television, DBS and other wireless providers or
"franchise" means the privilege conferred on a easements or other property interests owned by a
person Eby the City to place and operate single utility or entity.
portions of a telecenumunieatiens—utility system
in, over or under rights—jZhts-ef—of way. 6. Sidewalk. As used in this chapter
Franchises shall be conferred by ordinance or "sidewalk" means an area specifically delineated
resolution and confirmed by a franchise and constructed for pedestrian use located behind
agreement. a curb but within the rights-of-way or within an
easement specifically established for that purpose
3. Gross Revenues. As used in this
chapter, "gxoss revenues" means revenues earned 7. Street or Alley. As used in this chapter
within the City, less net uncollectibles, from the "street"or"alley"means every way or place open
sale of electrical energy, gas,telecommunications, as a matter of right to the use of the public for
water, or sanitary sewage disposal and treatment vehicular or pedestrian traffic between ri t-of-
service, and for the use, rental, or lease of utility way lines.
facilities of the utility engaged in such business.
4. Competitive tele...,....nai '
Gross revenues shall not include proceeds , "eempefitive
from the sale of bonds, mortgage or other teleeemffmnieatiens—sepviee-pre7iderr" means
evidence of indebtedness,securities or stocks.
To the extent that the City's quthgriV to tax gees.ter.Me area under-swe federal l ,
gross revenues of an entity is limited by ORS
221.410 through 221.655, the City shall applythe -58. Telecommunications facility. As used
statutory limitations to the definition of "gross in this chapter, "telecommunications facility"
revenues" means any physical component of a
telecommunications system located within or
4. Person. As used in this chapter, attached to the rights-of-way.
"person" means every natural person, firm, co-
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TIGARD MUNICIPAL CODE
4.9. Telecommunications system. As used Tigard. "Utility system" also includes
in this chapter, "telecommunications system" transmission of these products or services through
means a system of fibers, lines, cables, antennas, the City of Tigard whether or not customers
microwave links, or other conduit and supporting within the City are served by those transmissions
structures and equipment constructed or used for "Utility system" does not include enc y of
the purpose of transmitting audio,video,digital or the federal government.
other forms of electric or electronic signals or
information. "Telecommunications system" does
not include a cable communications system. 5.1� 3015.06.030 Purpose.
However, if a portion of a cable communications
Isystem is also used for telecommunications other The purpose and intent of this ase
than cable communications, the system is both a chapter is to:
cable communications system and a
telecommunications system. Telecommunications 1. Comply „4th the previsions f the i nn�
system does not include a system used for the TeleeAnmm e..a.:,.,, .,
st as ,ey t > >
K
transmission of electric power solely for power gevemments,
purposes,even if a portion of the system is used to sef3viee these e.ffie,..,efF_.
communicate information about the power system
for use by the system operator.
Telecommunications system does not include neutrel basis in the
mobile telecommunications equipment (e.g. teleeenum•--ieafiens seMeest
cellular phones, hand-held or vehicle-mounted
radios) but does include fixed antennas and other 3. aseuragethe-pFevisien of—ad,-anee
fixed equipment used to convey signals to or from and eerapefifive telecenurAmisatien
mobile telecommunications equipment. the vi4dest Ne sible b�-s to business fit
,.,,7 residents of the!'V+,..
10. Utility facility. As used in this chapter,
"utility facility"means any physical component of 4--Permit and manage reasonable access to
a utility system located within or attached to the the rte—rights—=e&-of way of the City for
rights-of-waw utiI urposes on a
competitively neutral basis and conserve the
11. Utility operator. As used in this chapter, limited physical capacity of those publie-rights=-e€
"utility perator"means any person that places or of-way held in trust by the City;
maintains any portion of a utility system within
the rits-of-wa. -52. Assure that the City's current and
ongoing costs of granting and regulating private
12. Utility system. As used in this chapter, access to and the use of the publie-rights--ef-of
"utility system" means a system owned and way are fully compensated by the persons seeking
operated by a person to deliver or transmit such access and causing such costs;
electricity, natural gas, telecommunications
water, sewer, storm sewer or other goods or 63. Secure fair and reasonable
services by means of pipes, wires, transmitters, or compensation to the City and its residents for
other facilities permanently located within or permitting private use of the pubhe-rights--e€-of
attached to the rights-of-way to or from customers way;-
within the corporate boundaries of the City of
I 15-1•.406-3 Code Update: 0330810206
TIGARD MUNICIPAL CODE
4. Comply with the provisions of the submitted an application, meets the requirements
Communications Act of 1934 as they apply to of this Ghapterchapter, and agrees to sign the
local governments. City's standard franchise agreement without
modification. The franchise shall not be.effective
15.06.040 Jurisdiction. until the applicant signs the City's standard
Utility Franchise Agreement
The requirements of this chapter shall apply substantially in the form approved by the City
to all rights-of=wav under the jurisdiction of the Council. The City Council shall approve the form
City of Tigard, dedicated by plat or deed, created of the standard U_ tility
by user, or the use thereof controlled by the Citv Franchise Agreement by resolution.
pursuant to agreements with Washington County
or the Oregon Department of Transportation. 2. To ewers. The City Council may grant
teleeenununieatiensutili franchises in any other
14:A4015.06.050 Franchise Required. circumstance by ordinance. Any franchise
ordinance shall not be effective until a franchise
agreement is entered into by the City and the
of a te,eee....,,,., ,.Bens system moth;., . right of franchisee.
way witheut-a€ranelrise. The City may r+ e
f..., ehise alle,.ing use of a fty fight,.fway for- 3. Nonexclusivity. All
pertien of teleeammunioatiens systems utili franchises granted to
under-the authefity of th4s chapter-. shall be nonexclusive.
1. Any person that places or maintains a 5.14.06015.06.070 Privilege Granted.
utility ystem in any portion of the right-of-way
without a franchise is subject to all other The franchise shall grant a privilege to use
provisions of this chapter, including the payment rights—rights-of f way consistent with the
of the right-of-Way usage fee pursuant to section requirements of this chapter. The franchise does
15.06.100. not convey any right, title or interest in the right
right-e€of way.
2. The City may grant a franchise allowing
use of any right-of-_way for my of a utility 5.14.07015.06.080 Term.
system.
Unless otherwise specified in the franchise
3. To the extent the terms of a franchise agreement and resolution or ordinance, franchises
are inconsistent with the provisions of this shall be in effect for ten years but in no case shall
chapter,the terms of the franchise shall prevail. exceed 15 years.
5.14.05015.06.060 Grant of Franchise. 5.1408015.06.090 Franchise Fee.
1. To sempe*��—telesenununioatiens 1. Any person applying for a franchise
The City Council may-shall (including an application for renewal)shall pay an
grant by resolution a utili application fee to cover the cost of processing the
franchise to any person providing competitive application. The City Council shall establish the
teleeenummioatiens–a utility services wheich has fee by resolution.
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TIGARD MUNICIPAL CODE
2. The amival fee ineluded in the fimeMse -54. The franchise fee shall be payable semi-
agr-eenwnt mall be the ameun#er ams annually on or before March 15 for the six month
eentai ea in the MasterFee Res"en___ ff t period ended December 31, and September 15 for
the time f:�..
a the «eMse agreement is adept a.- � the six month period ended June 30, unless
otherwise stated in the resolution authorizing the
e ener"tea ..4thi.. t franchise. The franchisee shall pay interest at the
......",_::....�...by_.._... o—vr'rczzzrncxc
C:tty ineludes monthly sepvice ehafges paidb rate of ene-nine percent per menth-year for any
eustemers wilt n-the-Cite full amount �� payment made after the due date. (Ord.02-05).
eharges for- ha ged tans iens
rig=:afiu" and feeeived m4tNn the Qtj, half th 15.06.100 Right-of-Way Usage Fee.
am
eithef ":b:iat -,a TpMin w Cit b 1. All persons using a utility ystem or
are- eseiyed or- originate-outside the City, facility in the right-of--way to provide service to
ametmts_e--_ .ea f..__ W of facilities,_ifilin the customers within the City of Tigard shall annually
right o way, and " ^*'ieY ameufAs i--eeeived '- pay a right-of-way usage fee calculated as a
the fimeMsee—fe= seMees—(inelnding—resale percentage of gross revenues subject to any
seniees)p evided by she f enehisee �'�s applicable limitations imposed by federal and
f:.eili es. .;#ii the right of way state statutes,including the privilege tax
limitations set forth in ORS 221.410 throuLih
I the event that " ,.."., "":en , s 221.655.
or-r-eseived-by a mebile-device (e.g. eellular
ri.e e), ...the ebi e aey4ee shat deemed to be 2. The right-of-way usage fee percentage
in the ur-"a:etie '.'here the bills for- use of the applicable to each class of utility shall be as
de ..e. .e sent,web:Tuless.f�.� �l leeation-At�th follows:
fime of the 4easmissiefl.
Telecommunications: 5.0%
3—The franchise agreement may provide Electric: 3.5%
for payment of a franchise fee is-as compensation Natural Gas: 5.0%
for use of rights—rights-e&--of way and Water: 5.0%
reimbursement of the City's cost of administering Sanitary Sewer 5.0%
the program created in this chapter. The franchise
fee is separate and distinct from any other legally 3. Right-of-way usage fee payments shall
authorized federal, state or local taxes or fees., be net of any franchise fee payments received by
except to the extent that payment of a franchise the City.but in no case will be less than$0
fee shall count as a credit to the right-of-way
usage fee. 4. Unless otherwise agreed to by the City,
the right-of--way usage fee shall be payable semi-
43. The fees imposed by this chapter are not annually on or before March 15 for the six month
subject to the property tax limitations of Article period ended December 31,and September 15 for
XI, sections 11(b) and 11(19) of the Oregon the six month period ended June 30. The utility
Constitution and are not fees imposed on property shall pay interest at the rate of nine percent per
or property owners by fact of ownership and are year for any payment made after the due date.
not new or increased fees for purposes of those
subsections.
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TIGARD MUNICIPAL CODE
5.'015.06.110 Application Standards For
Joint Telecommunications/Cable -32. Information establishing that the
Franchises. applicant has obtained or is in the process of
obtaining all other required governmental
Persons or entities providing cable television approvals to construct and operate the system and.
and telecommunications services over the same to offer or provide the telecomanunjeatiem
network under a franchise negotiated, approved services proposed, including, if applicable, any
and recommended by the Metropolitan Area PUC filings or approvals.
Communications Commission (MACC) and
ratified by the City Council will be presumed to 43. The application fee.
have met the application requirements for a
telecommunications franchise issued by the City. 5. hifeFmafiea has
The telecommunications franchise and MACC the finaneial, teslffAeal and legal caparsity to
franchise will be of equal term and the franchisee prime—the--servieesand eamply--,sem the
can rely on the insurance certificates and surety m ements of this-ehapter. That infimmtien
bonds pursuant to the MACC franchise. This e'lde- a summa f the f '-' '
provision does not exempt MACC franchisees hist.1.
from the requirements to submit an application,.
obtain a franchise, pay the franchise fee, and 6. A business plan showing the into
otherwise comply with the requirements of this and ability teprevide w '- the
Chapt T-chapter. €ranehise—is required The 6mehise
request #mt the business plan be kept.
APPLICATION&RENEWAL PROCESS senfideFAW.
5.14.10015.06.120 Application. 5.,� 14. 15.06.130 Denials.
Any person seeking a franchise shall submit Any denial of a franchise application shall be
to the Ci Manager a letter of application in writing and state the reasons for the denial.
presenting the following-for- efianehise shall The City may deny an application for a franchise:
inslude:
1. If the 4anchisee—w licant has not
1. A eempleted City appheatien f4m. The complied with all application requirements and
City =a- -prescribe the fefm to beused. standards;or
2—Information identifying the applicant 2. If the €mnehisee !asks suf'fieierrt
and describing the utili financial teehniee4 eF 'tea' eapaefty t -provide
system the applicant proposes to operate in the
r���-ay ights-of-way.The initial application standaFds;
shall include engineering plans, specifications and
a network map showing the anticipated location -3—If the franslHsee-applicant has a record
and route of proposed of non-compliance;_
facilities in the riglrtef wayright-of-way,
including both existing and proposed facilities. If 4. 1€ ether faeters demenstmtethat*h
any of the facilities are owned by others, that grant of a pfMlege to • e rights of way is of;
information should be provided. the public interest of the City and its eitizens.
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TIGARD MUNICIPAL CODE
&44"15.06.140 Renewal. 5.14.21015.06.160 Leased Capacity.
A elrisee—utility operator may lease
A franchisee that desires to renew a franchise capacity Er bandwidth on or in its systems to
shall submit a letter n-appheation-feFrequesting others, provided that the hisee—utili
renewal including the information set forth in operator provides the City with the name and
section 15.04.120 e " fem pFeseFibea '4yio the business address of any lessee. All persons
City Manager no less than 180 days before leasing capacity or- bandwidth- on a
expiration of the franchise. teleeemnwaieati or in a utili system and
providing services to others
OBLIGATIONS OF FRANCHISEE using that capacity erkandv4dth-are subject to the
provisions of this chapte
544.M15.06.150 Assignment Or Transfer Of
Franchise.
5.14.22015.06.170 Duty To Provide
A franchise may not be transferred or Information,Audit Responsibility.
assigned to another person unless such person is
authorized under all applicable laws to own or Within 4-0-30 business days of a written
operate the utility system and the transfer or request from the City, a franebisee-utilit�perator
assignment is approved by all agencies or shall furnish the City:
organizations required or authorized under federal
or state laws to approve such transfer or 1. Information sufficient to demonstrate.
assignment. The franchisee shall provide the City that fr��the utilty operator is in compliance
with wi*zh eut the s--written eenseRt of with this ase-chapter en&or its franchise
G451-notice of any transfer or assignment within agreement;
20 days of requesting approval from any state or
federal agency. A t msf r of eymer-ship e 2. Access to all books, records, maps, and
....__F.,. .,_ a .__;.,_.. . t st-in the -tease other documents, maintained by the €nnehisee
shat, eens fit +e..."„"f ^.r+we f."„ehise utility operator with respect to its facilities in
rights^ of wayrights-of-wgay so that the City may
2. If a franchise is assigned or transferred, perform an audit. Access shall be provided within
the assignee or transferee shall become the Portland Oregon metropolitan area unless
responsible for all facilities of the existing prior arrangement for access elsewhere has been
transferee at the time of transfer. Thi._ ��-�11 made with the Citv.
an amount detenr ea by Me ehas be 3. If the City's audit of the books, records
paid, the transferee er—essig gee ..Bets all and other documents maintained by fteMsee-the
requirements imposed an fianehisees, utilit� erato
pr demonstrate that the €raneMsee
#amfer-ee or- es in writing te b-e utility operator has underpaid the franchise fee or
beend by the fmnehise agreement arid—all right-of way usage fee by five percent or more in
applicable-reguh4iens. A transfer or assignment any one year, franehisee-the utility Werator shall
of a franchise does not extend the term of the reimburse the City for the cost of the audit and
franchise. shall pay interest as specified in $sections
5.14.08015.06.090 and 15.06.100 from the
original due date.
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TIGARD MUNICIPAL CODE
equal amount to the insurance required to be
5.14.39 obtained from a third-party insurer. The
€renehisee-shall indemnify-, defend--an4-h M
I the Cityeer&aetseT--usre—ehnrmlrsthe Gibdw •�sself-'
�
teleeen unieatiens facilities,-sProgram against-any and a=1 E�ims, ee#ens;
demands and suits (inaluding a#emey fees end
the fien hisee shall ehafge the City anGhisee' oests)-aris��e�tr a€�=-rem' ing-frem-tl3e
west favorable-fate-effered-at the h-e ehisee's-aeti1Mies. The utility operator
request to rnh=er '"thin OFege^ r" fsmehisee-shall provide proof of self-insurance
similar- •ehhi:e of seMee,_ee sWget toszat`-law. acceptable to the City if it chooses to self-insure.
With the City's peffaissien, the franehisee may
The procuring of required insurance or self-
payments. Other-temm and senditions Of seFN4oe shall not be construed to limit utility
pee-Aded by-franehisee to -the-Cityn-.hV--be operator's liability. Notwithstanding said
speeified in a separate agreement. insurance or self-insurance the utility operator
shall be obligated for the total amount of any
5..14.24915.06.180 Insurance. damage, iniury, or loss caused by negligence or
neglect connected with this chapter.
All fra�s-utility operators shall seetu
and-maintain in full force and effect pab4e There shall be no cancellation material
commercialeg neral liability insurance covering change, exhaustion of aggregate limits or intent
bodily injury and property damage on an not to renew insurance coverage without 30 days
"occurrence" form (1996 ISO or equivalent) written notice to the City. Any failure to conlly
acceptable to the City. Such insurance shall cover with this provision will not affect the insurance
all risks arising directly or indirectly out of the coverage provided to the City. A 30 days notice
utility operator's activities or work under this of cancellation provision shall be physically
chapter, including all subcontractors to any tier. endorsed on the policy_
The policy or policies of insurance maintained by
the utility operator shall provide at least a eneral The utility operator's coverage shall be
aggregate limit of $5 million with a per primary to the extent permitted by law and
occurrence limit insurance maintained by the City is excess and not
clause,with ,. ,.,,..,binea sing4e h;ni t of$3 million, contributory insurance as to the insurance required
insuring the tee-utility operator and naming by this chapter.
the City as an additional insured with respect to
this chapter on the policy. The utility operator 5.'15.06.190 Indemnification.
ftanehisecshall cause a certificate of insurance to
be provided to the City Recorder. ''� Each utility operatorrehisee-shall defend,
shall indemnify-and-hold-the-^� -s, indemnify and hold the City and its officers,
against liability er damage whiah may a-ase-of employees, agents and representatives harmless
....r from any Ilei m resulting frem &anehisee' from and against any and all liability, causes of
t; under-this ^t ead shat' •a action, claims, damages, losses, jud ents and
opo.»�e„c :... --b-----__..,.... ., r..,.....,
r”" defense Of the G;t y against sueh sueelai other costs and expenses, including reasonable
attorney fees and costs of suit or defense at both
As an alternative,a utility operator franehisee the trial and appeal level,whether or not a trial or
may provide and keep in force self-insurance in an appeal ever takes place that may be asserted by
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TIGARD MUNICIPAL CODE
any person or entity in any way, arising out of,
resulting from, during or in connection with, or All facilities located within the pubis-Fight
alleged to arise out of or result from the negligent, right-of-way shall be constructed, installed
careless, or wrongful acts, omissions, failure to and located in accordance with the following
Iact, or other misconduct of the utility operator terms and conditions, unless otherwise specified
ghee—or its affiliates, officers, employees, in a franchise agreement.
agents, contractors, subcontractors, or lessees in
the construction, operation, maintenance, repair, I. Whenever all existing electric utilities,
or removal of its facilities, cable facilities or telecommunications facilities
and in providing or offering teleeenununiea4ieft are located underground within a ,,,,blie right of
services over the facihties r , whether wayright-of-way of the City,the City may require
such acts or omissions are authorized, allowed, or a �a��e-utility operator with permission to
prohibited by this 9rdmanee—chanter or by a occupy the same publ=e right of w&right-of-way
franchise agreement. Upon notification of any to locate its facilities
such claim the City shall notify the utility operator underground.
and provide the utility operator with an
opportunity to provide defense regarding any such 2. Whenever all new or existing electric
claim. utilities, cable facilities and telecommunications
facilities are located or relocated underground
5•14.260 Damage To Grantee's Facifi fi�s
within a pub'=e right ef- yright-of-way of the
City, the City may require a fanehisee—utility
The City q:hAjj :Rj#be he le fer- any damage operator that currently occupies the same pWAe
to ""lA11 of"""'te'ecen ,.,,,n:oations f4eili" as right ef wapright-of-way to relocate its facilities
r-esWt or-in, eetie,,v ffi, work by or far-the underground concurrently with the other affected
City or- for- y een e „e..,:..' damages 4 Jecccc utilities to minimize disruption of the pubher-i
e..tdfi g from a , er-k unless ,we damage e might-of-way.
less is the dir-eet and preximate result of wiflfW,
intentienally teA4eus, or- malioieus—aets by the 5.14.29015.06.230 Interference With Rights 0€
W yR.ights-of-Way.
No anehisee-utility operator may locate or
maintain its utili facilities
Ears f..,, eMsee ,,., st p :ae a erF-..,aae so as to unreasonably interfere with the use of the
bond aseeptAle to the City as seeuFity for t e fiAl publieghts-of--way by the City, by ,
and eemplete performmnee—ef any—fr-anehise the general public or by other persons authorized
gated under this Or-dinax ts, to use or be present in or upon the publie r-i&s-ef
expenses, ae::abee er loco t::.. C:v'pay wayrig All use of publie—�'
because of any ile attributable to the weights-of-way shall be consistent with City
ffane see to eemply ,..; h the ,.e e.., er-di,,anses, codes, ordinances and regulations. No f ehisee
noes,Fegulations or peffBits of the City. The shag engage in work inight-a��g
bond eha4l be i amount .uffie ei# to pay .E r the mera'teriurway--w-44E; exeept—as
remevel of all of fr- ehi e'.. f efli e :a,:., t e pe. .. +va by the Cit;aavwovvf
ur,uacrwrvy:
right ef wa • '
..
CONSTRUCTION 18SUES
544.-M15.06.220 Location Of Facilities.
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TIGARD MUNICIPAL CODE
5.14.30015.06.200 Construction Permits. 5.14.32015.04.040 Permit Applications.
Except in the event of an emer ency,Ne-no 1. Applications for construction permits
person shall construct or install any shall be submitted on forms provided by the City
utili facilities within a right and shall be accompanied by drawings,plans, and
right-ef----of way without first obtaining a specifications in sufficient detail to demonstrate:
construction permit, aa---pwfw4--the
a. That all work will be performed
pursuant to Seetien chapter 5.' 15.04. No and anv the-facilities will be constructed in
permit shell-be issued fe= the eenstFdatien accordance with all applicable codes, rules and
installation of teleeenunurrie-atiens— ae lities regulations;
-Mthin a right of way unless the
teleeenunieefiens earner has ebtained a b. That all work will be performed
franehise. Gensttaetien pe is may be-app'liea and anv the-facilities will be constructed by or for
re"-at the"arae time" hune iso is applied a franchisee in accordance with the franchise
agreement;
In the event of an emergency, a utility
operator may conduct work in the rights-of-way C. The location and route of all of
after providing notice to the City. The utility applicant's new facilities to be installed as well as
operator shall apply for a permit for such work as all of applicant's existing facilities in the
soon as reasonably practicable,but not more than construction area, including a cross-section to
48 hours after commencing work, and shall show the facilities in relation to the street, curb,
furnish anv required maps and materials within 30 sidewalk and Wit-right-e€of way:_:
days of commencing work.
d. The construction methods to be
5=14.31015.06.210 Facilities. employed for protection of existing structures,
fixtures and facilities and a description of any
All -utility in improvements that the applicant proposes to
the right-right-of-of way shall be constructed, temporarily or permanently remove or relocate.
installed, operated and maintained in accordance
with all applicable federal, state, and local 2. Applications for construction permits
statutes, codes, ordinances, rules and regulations. shall be accompanied by the following:
All facilities shall comply with applicable design
standards imposed by regulation or construction a. A verification that the drawings,
permit. No facility may be placed on any City plans and specifications submitted with the
facility without the express written consent of the application comply with all applicable technical
City. The City may require separate payment for codes, rules and regulations. The City may
rental of space on City facilities. For purpose of require that the verification be by a registered
this section, a right--right-e€-of way, street or professional engineer.
sidewalk is not a facility,but structures, including
poles, conduit, boxes, and equipment, are b. A written construction schedule,
facilities. which shall include a deadline for completion of
construction. The construction schedule is subject
to approval by the City Engineer.
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TIGARD MUNICIPAL CODE
C. The eonstY-uetiea1s#ee information needed by the City Engineer or
epewagpermit fee in an amount to be determined designee to determine compliance with applicable
by resolution of the City Council. The fee shall requirements. All work that does not comply with
be designed to defray the costs of City all requirements shall either be corrected or
administration of the construction permit program. removed at the sole expense of the permittee. The
City is authorized to issue stop work orders to
5 X015.04.050 Review By City Engineer. assure compliance with this Cchapter.
The City Engineer; after reviewing the 5.14.36015.04.080 Notice Of Construction.
materials submitted with the application, shall
notify the afiaanerWsee-applicant if changes in the Except in an emergency, the permittee shall
construction plans are needed and what City notify the City Engineer not less than two working
requirements must be met. if any.••eek ether 4se days prior to any excavation or construction in the
rtermallyrens#uetim permit-is right-right-efof way.
sendt1eted ie response-t9 an emergemey,the
franeMsee shallrisl�he-requfed-maps-ana 5.'��o-15.04.090 Construction In Wit-Right- .
w:e ..1. within 30 a. „f„ r-k CWOf Way.
5.14.34015.04.060 Permit Issuance. The fien see-permittee shall complete all
construction within the right-j&ht-ef-pf way so as
Upon a determination that the application to minimize disruption of the right-d hg_t-ef of way
and supporting information complies with the and utility service and without interfering with
requirements of this chapter, the City Engineer other public and private property within the
shall issue a permit authorizing construction of-in rights-of--way. All construction work within
the faeilitiesjZhts-of-way, subject to conditions rights=:af- way, including restoration, must be
that the City Engineer deems appropriate to completed within 120 days of issuance of the.
ensure compliance with this chapter u�a.�Q4&jw-oteet construction permit unless an extension or
the pubhe healffi, safety, elf a and ii4eres In alternate schedule has been approved by the City
order to minimize disruption to transportation and Engineer. The fianeWsee-permittee shall comply
to coordinate work to be performed in the A& with City traffic control procedures and standards.
ri ht-ef-�of way, the permit may specify a time
period within which all work must be performed 514.38015.06.240 As Built Drawings.
and require coordination of construction activities.
The City Engineer may impose conditions Erane see-The utility operator shall provide
regulating the location and appearance of the City with two complete sets of engineered
facilities. plans in a form acceptable to the City showing the
location of all its teleeemmunioafiens—pfilily
5.14.35015.04.070 Compliance With Permit. facilities within rights-ef- ayrights-of-way after
initial construction of its system and,to the extent
All construction shall be in accordance with available, shall provide the City two updated
the permit and approved plans and specifications. complete sets of as-built plans annuallyWon
on
The City Engineer or designee shall be provided request by the City.
access to the work site and the opportunity to
inspect any work in the nght-right-e of way. The
permittee shall provide, upon request, any
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TIGARD MUNICIPAL CODE
5.'015.04.120 Restoration Of Publie-Raigl 9 damage to any person, vehicle or property by
Riahts-of-*-Way And City reason of such work in or affecting such rights
Property. rights-ef-of way or property.
1. When a franehisee, or any persen aeting 5. ne~ e— he permittee shall restore all
on its beha'Fpermittee does any work in or streets, alleys, roads and other public ways or
affecting any publie rights-ef—of way or places that it disturbs to the same condition the
City property, it shall, at its own expense, area was in prior to fenshisee'permittee's work.
promptly remove any obstructions therefrom and Fmno& Thepermittee shall perform all work
restore such ways or property to good order and in compliance with applicable rules, regulations,
condition unless otherwise directed by the City ordinances or orders. The City Engineer may
and as determined by the City Engineer or issue orders to ensure compliance with this
I designee. Ordinanee-chapter and proper protection of public
i and private property. If the &e permittee
2. If weather or other conditions do not fails to make repairs or provide restoration in
permit the complete restoration required by this response to any order within the time allowed
section,the e-permittee shall temporarily under the order, City may make those repairs at
restore the affected rights--- way or property. the expense of the franehiseepermittee.
Such temporary restoration shall be at the
rrun 's—permittee's sole expense and the 5.14.40015.04.140
permittee shall promptly undertake and complete 4BoadFinancial
the required permanent restoration when the Seenri
weather or other conditions no longer prevent
such permanent restoration. Any corresponding When the City. in its sole discretion
modification to the construction schedule may be determines that a permittee's work or manner of
subject to approval by the City. performance warrants, the permittee prier to
installing new i4ni
3. If the ehisee permittee fails to right of was the .�.,nehise
"'�' shall provide a
restore rights-rights-efmof way or property to good pAri'effnanee bend e= ether sum Wfinancial
order and condition, the City shall give the security in a form acceptable to the City in an
f-er�-permittee written notice and provide amount equal to at least 110% of the estimated
the f-a�permittee a reasonable period of costs of constructions in of the new f eili:e�
time not exceeding thirty (30)•days to restore the w —the rights rights-efof way. The sarety
rights-riis-of-of way or property. If, after said financial security shall remain in force until 60
notice,the tee-permittee fails to restore the days after substantial completion, including
rights-rights-ef-of way or property to as good a restoration of pWAie—rights—of—way and other
condition as existed before the work was property, as determined by the City. The suFe
undertaken, the City shall cause such restoration financial security shall guaranty timely
to be made at the expense of the permittee. completion, construction in compliance with
applicable plans, permits, codes and standards,
4. A franehisee or:flier per-so aefira i it proper location,restoration of^•�'� s-rights-
behal ermittee shall use suitable barricades, e€of way and other property, andtimely payment
flags, flagging attendants, lights, flares and other and satisfaction of all claims,demands or liens for
measures.as required for the safety of all members labor,material or services.
of the general public and to prevent injury or
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515.06.250 Coordination Of change or alteration is needed to accommodate
Construction. private development or other private use of the
I
right of waprihg t-of-way, the developer or other
All fmrees-utility operators shall make a private party requiring the action shall be
good faith effort to coordinate their construction responsible for the cost of removal, relocation,
schedules with those of the City and other users of change or alteration. The utility operator
the Fight rights-of-way. shall be under no obligation to remove,
relocate, change or alter its facilities to benefit a
1. Prior to January 1 of each year, 4he private party unless and until the private party
fimneMseevvillutility operators shall provide the pays a deposit for costs to the utili
City with a schedule of known construction worko ep ratorfFanehisee. The City shall specify in the
for that year in the City's rights efvweyri hts-of- written notice the amount of time for removal,
Hay or that may affect the Fights of waynghts-of- relocation, change or alteration. In the event of
mLay• emergency, the utility operator f -shall
take action as needed to resolve the emergency,
2. Fmnehisee agrees teUtility operators and the City may use any form of communication
shall meet with the City at least once each to direct the utility operator #an e-to take
calendar year, at the request of the City, to actions in an emergency to protect the public
schedule and coordinate work in rights- e safety,health and welfare.
wayrigUs-of-way. The City shall share
information on plans for other construction 5.14.43015.06.270 Plan For Discontinuance Or
projects within r-i ayriahts-of-way. Removal.
3. All construction projects within rights of Whenever a utility operator wee-plans
wayrights-of-wax shall be coordinated as ordered to discontinue anyte1ereffmmaie&4en&-Mglity
by the City Engineer or designee, to minimize facility,the utility operator fianehisee shall submit
public inconvenience,disruption,or damages. a plan for discontinuance to the City. The plan
may provide for removal of discontinued facilities
5.14.42015.06.260 Relocation Or Removal Of or for abandonment in place. The City Engineer
Facilities. shall review the plan and issue an order to the
utility operator franehisee specifying which
The fianeMsee—utilijy operator shall facilities are to be removed and which may be
temporarily or permanently remove, relocate, abandoned in place_ The order shall establish a
change or alter the position of any schedule for removal. The utility o ep rator
teleeeffmiuftieafiens-utili facility within a pubhe franehisee shall remain responsible for .all
rightef-N�ght-of-way when requested to do so facilities until they are removed.
in writing by the City. The removal, relocation,
Ichange or alteration shall be at the €ranehisee's 54.44015.06.280 Removal Of Abandoned
utility operator's expense when the removal, Facilities.
relocation, change or alteration is needed because
of construction, repair, maintenance, or Unless otherwise agreed to in writing by the
installation of public improvements or other City Engineer, V4ffiia-within 30 days following
operations of the City within the right-ef written notice from the City, a utility operator
weyiight-of-way or is otherwise in the public franehisee-and any other person that owns,
interest. In the event that the removal,relocation, controls, or maintains any unauthorized
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TIGARD MUNICIPAL CODE
utility system or facility required to do so under this OFdin the
within a right oPmayright-of-way shall, at its own City may remove the facility and the
expense, remove the system or fir-' facilitv -utility operator shall be responsible for
and restore the .,mar'ght-of-way. A paying the full cost of the removal and any
��
teleeemmunieatiens
utility system or facility that administrative costs incurred by the City in
the City Engineer has approved to be abandoned removing the facility and obtaining
in place is not an unauthorized reimbursement.
teleeemmurikafier&—utilitv facility. A
utility system or facility is 15.06.300 Anneals.
unauthorized under the following circumstances:
Unless another procedure is set forth in this
1. The utili system chapter,any decision by the City Engineer or Citi%
or facility is outside the scope of authority granted Manager pursuant to this chapter may be appealed
by an existing franchise. This includes systems or to the City Council by submitting to the City
facilities that were never franchised and systems Recorder, within 15 days after notice of the
or facilities that were once franchised but for decision, a written statement setting forth the
which the franchise has expired or been bases for appeal of the decision. The City
terminated, unless the utility operator pays the Council's decision shall be subject to judicial
right-of-way usage fee and complies with the review under the writ of review process
provisions of this chapter. This does not include
any facility for which the City Engineer has TERNHNATION/CURES
authorized abandonment in place_;
5.14..50015.06.310 Revocation Or Termination
2. The system or facility has been Of A Franchise Or Authority To Use RiEhts-of-
abandoned and the City Engineer has not Way.
authorized abandonment in place. A system or
facility is abandoned if it is not in use and is not The City Council may terminate a franchise
planned for further use. A system or facility will or revoke other authority to use the rights-of-way
be presumed abandoned if it is not used for a for any of the following reasons:
period of one year. A fusee-utility operator
may overcome this presumption by presenting 1. Violation of this teleceffmwnioatie
plans for future use of the system or facility E)Fdinaneechapter.
that demeest--te demonstrating that the utility
operator is capable of using the system or facility 2. Violation of a franchise agreement.
In the future^nlu=mem—ciso "—wz nna�i@Fs3vizcmie
. 3. Misrepresentation in a franchise
application,including a renewal application.
3. The facility is improperly constructed or
installed or is in a location not permitted by the 4. Abandonment of facilities without
franchise or this 9Fdinaxeechapter. approval to abandon in place.
5.'�14.45015.06.290 Removal By City. 5. Failure to pay taxes, compensation, fees
or costs due the City after final determination of
If the utili the taxes,compensation,fees or costs.
o erator fails to remove any facility when
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TIGARD MUNICIPAL CODE
6. Failure to restoref-waynhtgh s-of- the process of curing a violation or
mLay after construction as required by this chapter noncompliance, the utility operator fienehisee
or chapter 15.04.. must demonstrate that it acted promptly and
continues to actively work on compliance. If the
7. Failure to comply with technical, safety utility operator s44see-does not respond or if
and engineering standards related to work in the the City Manager determines that the utilitv
rights-of--way. o ep ratork�`e's response is inadequate, the
City Manager shall refer the matter to the City
55 X815.06.320 Standards For Revocation Council,which shall provide a duly noticed public
Or Termination. hearing and determine whether the franchise or
other authority to use the rights-of-way shall be
In determining whether termination, terminated or revoked.
revocation or some other sanction is appropriate,
the following factors shall be considered:
1. The egregiousness of the misconduct; 6. Feilere ste-e rights of way afieT
eenstFuetiex.
2. The harm that resulted;
3. Whether the violation was intentional; and eagi eering staad a
4. The fmnehisee's utility_ operator's
history of compliance; 5.14.53015.06.340 Penalties.
5. The fiunehisee utility operator's Failure to comply with a provision of this
cooperation in discovering, admitting and/or Ordinance--cha tp er shall be a Class 1 civil
curing the violation. infraction.
446W15.06.330 Notice And Cure. 5.14.54015.06.350 Other Remedies.
The City shall give the utility operator Nothing in this GhapteT-chapter shall be
written notice of any apparent violations before construed as limiting any judicial or other
i terminating a franchise or revoking authority to remedies the City may have for enforcement of
use the rights-of-way. The notice shall include a this Ar- mechapter.
short and concise statement of the nature and
general facts of the violation or noncompliance SEVERABILITY&APPLICATION TO
and provide a reasonable time(no less than 20 and EXISTING AGREEMENTS
no more than 40 days) for the f^~��ee-utility
operator to demonstrate that the fimiehisee-utili 5.14.60015.06.360 Severability And
operator has remained in compliance, that the Preemption.
€ranslrisee-utility operator has cured or is in the
process of curing any violation or noncompliance, 1. The provisions of this chapter shall be
or that it would be in the public interest to impose interpreted to be consistent with applicable federal
a penalty or sanction less than termination or and state law, and shall be interpreted, to the
revocation. If the fr^^ e-utility operator is in
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TIGARD MUNICIPAL CODE
extent possible, to cover only matters not
preempted by federal or state law.
2. If any provision of this Ordinaxee
chapter is for any reason declared or held to be
invalid or unenforceable by any court of
competent jurisdiction or superseded by state or
federal legislation, rules, regulations or decision,
the remainder of this Ofdinanee-cha ter shall not
be affected and all remaining portions shall be
valid and enforceable to the fullest extent
permitted by law. In the event any provision is
preempted by federal or state law, the provision
shall be preempted only to the extent required by
law and any portion not preempted shall survive.
If any federal or state law resulting in preemption
is later repealed,rescinded or amended to end the
preemption, the preempted provision shall return
to full force and effect without further action by
the City.
3. The provisions of this chapter shall not
be applied or construed to unlawfully abridge
contractual or property rights of a utility operator
to occupy private property or.the area of a utility
easement.
5.14.61015.06.370 Application To Existing
Agreements.
This 1 rGhapter shall be applied to all persons
and activities, including existing franchisees,
except that it shall not affect contract rights of
existing franchisees. This C—chapter shall fully
apply to existing franchisees on termination of
existing franchises. (Ord.00-35) ■
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TIGARD MUNICIPAL CODE
Chapter 15.04 WORK IN RIGHT-OF-WAY immediate repair to damaged or malfunctioning
facilities is necessary to restore lost service or
Sections: prevent immediate harm to persons 2L property
Apron. As used-in-this-ehupter-"apron-means
15.04.010 Definitions.
15.04.02015.04.030 Permit-Required. fr^-the,.,,++e..flow hn- y+.+w e-,. ,
o r r w
15.04.030 Pern
15.04.040 -11 e iEeadit�onT • 2. Euro-Fetum. As used in this sha +
f
• 050 vua ae ., .. ..........pettions--vreseasry
15.0460 Co'nduet of 3A in the end slopes^f., d fAg,-.. . appFeaeh-.
15.04.0'70 A dhereneeTo And Exhibition 0
Per-mks. 3. Driveway. As used in this ehaptef
13:04.08015.10.020 Driveway Approaches "driveway" mean's an area designfited fer
And Curb Cuts. vehieular- use, e+hef fiv= a-designated
15.0409015.10.030 Areas Of Limited Street area,not dedioated e set aside fo -"Ii
Improvements.
15.04.10015.10.040 Abandoned Driveway 4. Driveway appr•eaeh. As used in this
Approaches chapter—, "&We`vay appreaeh" means an area;
��"�04.X015.10.050 Sufficient Parking eenstmetien—erimprevernent between- #fie
Required. roadway of a publie stFeet nd t,....to prep Ay
15.04.110 As-Build Drawings. intended to p sae e for
h l. from ++-
04 '2015.04.150 Unusual Conditions. "e -t.ee+ +^ definite't
rTara�v road;vay of � rnh_-- ___-- -_ - _- ---e »m.., ..
cc n�3015.04.020 Jurisdiction driveways-er a deer-at least-severeeta
15.04.14015.04.170 Inspection And intended and used o the ingmss naegress of
Acceptance. vehieles. The eempenerrt-parts-ef theP�,
15.04.15015.04.180 Barricades And Safety nnpr-eae+ e e te.-_ea the ap-en the end slepes o
Measures. the e rb r-ewm.
15.04.16015.04.190 Liability for Accidents.
15.04.17015.04.160 Repairs. 5. End slopes. As used in this ehapter-,
__^015.04.200 Option To City To "end slopes" nes these peniens-ef the-
Replace
heReplace Pavement. drive; dew whie" ado a *re.si fi
15.04.190 Applieability To City`x�-Wor'� freer-the-Dermal-euro-an=d sidewalk sloping
"n�0015.04.210 Violation--Penalty. s.rf _r by means of a eufb Fete.-together-%ith
the ...a between the Y«. eeted + «.e«+ f the
15.04.010 Definitions.
62. Person. As used in this chapter,
The following words and phrases when used "Persen ep rson"means every natural person,firm,
in this chapter shall, for the purpose of this co-partnership, association, public-9r- e
chapter, have the meanings respectively ascribed corporation-pLqntijy,or district.
to them in this section, except in those instances
where the context clearly indicates a different 3. Right-of-way. As used in this chapter,
meaning: "right-of-way" includes City streets, roads,
bridges, alleys. sidewalks, trails, paths, and all
1. Emergency. As used in this chapter, other public ways and areas managed by the City.
"emergency" means a circumstance in which "Right-of-way" also includes public utility
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TIGARD MUNICIPAL CODE
easements to the extent that the easement allows permit. pe,.,,its shall be issued al L
wig
use by the permittee planning to use or using the e t-• if the p r a / b t t r �
-�r� � =+vinac
public utility easement. "Right-of--way" includes
the subsurface under and airspace over these
areas. "Right-of-way" does not include the 2. No permit shall be issued to place or
airwaves for purposes of CMRS, broadcast maintain a utility system in any portion of the
television, DBS and other wireless providers or right-of-way unless the applicant has complied
easements or other property interests owned by a with the provisions of chapter 15.06 of the Code
single utility or entity.
3. Any person who cuts upon or within,
-74. Sidewalk. As used in this chapter, breaks, digs up, damages in any manner,.
"Sidewalksidewalk" means an area specifically undermines or tunnels under any unimproved
delineated and constructed for pedestrian use public street or public alley for purposes other
located-behind a curb but within public-the rights than those described in this chapter, must obtain
frights-of-wav or within an easement an encroachment permit pursuant to Chapter
specifically established for that purpose. chapter 15.16 of this Code. (Ord.02-22,Ord.99-
31,Ord.74-14§2, 1974).
.95. Street or Alley. As used in this chapter,
"S#eetstreet"or"alley"means every way or place 15.04.030 Permh Apphe +: ,
open as a matter of right to the use of the public
for vehicular or pedestrian traffic between right of1. At the time of appheatien feF pemift
wayrit-of-way lines. a 1.,,,.,:+ea time and f "r break
], h
36. Tunnel. As used in this chapter,
name, telephone iilb cz, and address, thCd ttCr
tlY
" eltunnel"means an excavation requiring the applio do , the f+,, tmet , alley te ,.
removal of dirt or like material and does not eut e: 4wmeled undegthe natwe—of the—s#eet
include driving or forcing of pipe through the surf ee e e f pave..,ent „ ,elved; the _ f
ground. (Ord.74-14§ 1, 1974). the werk; the size 1 � a natme of the eut
or- eyeavatien; the mtmiber- of days required to
15.04.02015.04.030� Permit--Required. eemplete the wer�; and shall emeettte err
agreement te deposit sueh semFifies as require
1. It is unlawful for any person to cut upon by the City, to ,,,,__,r? vAth the speeffieatiens �
or within, break, dig up, damage in any manner, the City pertaining to the eanduatf the work-, to
undermine or tunnel under any public street or the City and its employees hanTAess agai
public alley for the purposes of doing work in a whie n ffmy result from th
right-efwa3�ight-of-way or in a sanitary sewer, , and to notify the Gity
storm sewer or water easement as described in this Engineer's e�eo at least tiv,,..,-..e,._hems be f__
b
chapter, without first complying with the begiEming4 he Werk. Appliea4ien fff eud;mo i
provisions of this chapter in regard to the to be issuedlimited .:,,, and for speeifi
obtaining of permits, depositing of securities and out or- in the—s#eet—or- a-Heylsh, l be
the making of applications to the City. aeeompanied—by a fee set by the City Gem
Application for permits shall be in the form aeee di „Chapter-3.32 of tMs a
prescribed by the City. Permits shall be issued on
"'b •»r.� ����•
an •al ,.rias r for a limited time and shall
specify the extent of the authority granted by the
154404-2 Code Update: 083/0206
TIGARD MUNICIPAL CODE
2. 'dielAt:e fe .,t ..,., •t I The ..t..,^ %Neh th t
"k%y a �rof-+caav .
slWl ,e in fefm as pr-ese,.:bed by the City and bend e seeG
J
,.+,shall be based >, n h +h e+
J ef
shaH spesifythe-name and address of the
rt:e..„t as required by the City to , .,h,,,.:th
of wiw)-, and not the eost of wer-k to be peF-fefm-d
the pFe,,:e:ens of tWs ehapte. and an agreement to outside of s eh right of..,e.,
save the City and its employees han:rAess against
damage as a .,lt of the actions f
t- by-
(Ofd. 22, Or-•4. E4 54-§1 1184 r"'-�foF a-period of eneyeaF. Thesee
Q1041
1 Qt 03 > 1 .n..d 7n 1n §3 107n� agreement shall i4de that the e„„1 + er- h
oxo�— ,
r' that
As
eh+ . . +: f
' immediately .Ye .....rt v a-vx
15.04.040 Per-mft Conditions. the work,be ebligated to keep the work in a
of good r-epaix- at his eaepens , and that ,.
Ad! ,.1, in streets er- ether- publie. „1. 1...11 „+•., to a so t:l released f: -- tt
z=vaaz—cnv ...
sil be dome in the leeatie,, approved h.. +he
maintenanee obligation. In the event the appli
F.,gi ee,ing Depaft..,eat and in aeeer-danee ..,;+h his .
,..laps and s e;fie.,t:e. s red e ,ed h,.
Yauaau unaa- an
�
the depaFWmi#. Sueh-permit may ince the City h. e..,h„ ed +
eenditiens-binding upon the pennittee. &ueh resulting f•^ eh-f;h, e the r:+.. ..11 upon
s , may
eenditiens may inelude prie= fling--ef a the see>nity agFeentent erdeposit �
r-eiff
may iiielude—stwh other- r-equir-ements—as the
r„bzxave finds nds . .,te in the
rlaabead,the applioant
pubho-kAffest—A werk Bene shelrrn lszr be v*eet te' his __ntm y file as»serm.it' h eacowti'r�ie
»J a�� a,
the a jestie e.,t., of the eheeh er money eraen 4be Cit sWl holdsu
,.
E g De...,.4fnent and .,h:e..t to its final qe ,-;+.. ..h;ve+tothe a „dit;e set f ..th above.
appr-e.,^t (n,.d 02 77 n..d 74 14 sin 1074)
6. In the ease of unimproved stmets, no
-15-04.050 See.n'.ty. s,,.,..^'+' shall be d e e ,.,l^ e,.„the e
a�y,
the City, such seewity is neeess the
Be€eT-e-the issuanee-ef any pern it-, the Yr-eteetio of the.ublie:Affest
Engineering—Department shall require—the
..,1; nt^F h; ..,t,•.,ete,-to file with the Cit, a 7—=he ye e „te e f this eeY: may be
sem
end it pr-el4 a the `'-t' with ...:++
I. T--R- the event an annual=peffnk i ineluding,but not limited to,the felle
requested, a suFeyy bend in theamenF-ef fie
thousandes rAe the ..l' fA alfea a.The isarA agrees dn
'-n, ccsterrrux
bound by the previsions of e f;anehise agreement. full for-ee .,„d effee+ e11 ..e.-Fffmanee d sesur-t.
bonder assufing per-f f eentfaetem fer-
2.— In the e`=elA of aii applieatieft fora benefit of the .,„..1;...,,•.t white the , eFk is being
yeaaaaft f„a�a
street, a suEety he«d in an amou..t e .,t +e the
esfirmted oest of the work to be peFfeffned.
b. In the event a er- .,11 of the . e«1.
is net ..te+ed in aeoe«danee 'th the +eFms f
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TIGARD MUNICIPAL CODE
the pefrPA4, 4 will=enderfiake to 1. The permit provided in this-chapter
15.05 authorizes relocation of any municipal
r-the bene&of the Gity facility,including any within the limits of a curb
return which may be encroached upon or allowed,
8. The City Engineer- shall deteFmine th providing that the applicant first notifies the
adequasy-of, and eensentin o` g to, th appropriate authority,obtains the appropriate
alte, ,a five , e :aea f,. ; .ubseetieauthorization and bears the cost of the relocation
15.04.050.7 ,f this seetion p ..to issuanee of the of the municipal facility.
permit. (Ord. 02 22,E1rd.82 28 11, 1982; Ord.
76 1 §1 1976;Ord 74 '" J6, '971) 2. Except for shared driveways, no
driveway approach or access shall be less than six
15.04.060 Conducts 3a€A feet from the side property line projected, except
in cul-de-sacs, without written permission of the
All work under sush..o._.nits shall be done fin. City Engineer. End slopes shall not be considered
eenfenmity th the Y r+,,;- ehapte-', the part of the driveway approach or access.
teFms of the applisation and pefmifts and in the-
3. No portion of any driveway approach,
Upon eempletion e f the a atio eut of,,,„„e, including the end slopes, shall be located closer
all - ,.pWs e&Kh, ,.dbbis ...
ether , .aerials shall than thirty feet to an intersecting street right-of-
be removed immediately and the street sui:f ,.e e way line.
pa-vemetA shall be ,.epla ed in as good
be#er- eendifien diaH it was-b re. (Or-d.-0=-22, 4. Commercial or service drives shall not
be more than forty feet in width and if located on
the same lot frontage shall be separated by a
15.040—Adhereneee-To And Exhip°d e3a minimum length of curb of thirty feet.
O€Penslts.
5. Each residential driveway shall not be
No work sh l be undertaken ether- flm th more than thirty feet in width including end
speei€red in the-applicatiena-Rd pe-� or-R slopes, and if more than one driveway is to be
paAieulef-eut eT exea-vation. Upon demand e f- constructed to serve the same lot, the frontage
City-representative-or- af. eftieer, the spacing between such driveways shall be not less
pemik shall be pFedueed at the plaeo ,,,here th than thirty feet measured along the curb line.
wer-is in Pa ess er a the ease-ef-an-amiu
ie "+
"" shall be e display ..
at the plaee f 1.usi e-- 6. Joint access driveways shall conform to
of the per-sen . tM,, the City; eh we.._ shall the appropriate width standard for commercial or
be stopped un'" two ,..o,-...:,. is _edueoa and/ residential type usage. (Ord. 02-22, Ord. 74-14
au4 e,.,+;eatea (Ord 74 14 §7 1974). §8, 1974).
15.04.09815.10.030 Areas of Limited Street
CUTS Improvements.
35.04 08015.10.020 Driveway Approaches 1. Where standard gutter and curbs have
and Curb Cuts. been installed but where concrete sidewalks have
not been installed, the applicant shall be required
to construct the driveway approach from curb line
15-4-404-4 Code Update: 08-3/9 06
TIGARD MUNICIPAL CODE
to the applicant's premises. The cost shall be The City Engineer may grant the permit even
borne by the applicant. if all the standards of this chapter are not met if
!J the City Engineer determines that the following 2. Where standard gutter and curbs have conditions are present:
not been installed, the driveway approach may be
constructed of the same material used for 1. There are peculiar physical conditions
surfacing the driveway. The applicant shall not ordinarily existing in similar districts in the
improve that portion between the property line City or the nature of the business or operation
and existing pavement in such a manner as to not makes compliance with all standards impossible
impede surface drainage along the street. The or impractical;
cost of that portion of the improvement, between
the property line and existing pavement, shall be 2. The public interest, particularly safety,
borne by the applicant. (Ord.74-14 §9, 1974). health, and general welfare is not adversely
affected;
1�04.015.10.040 Abandoned Driveway
Approaches. 3. The granting of the permit will not
adversely affect the rights of adjacent property
In the event a person makes an application to owners or residents;and
relocate a driveway approach and abandons an
existing driveway approach, the applicant shall 4. The application of the standards of this
remove the existing driveway and replace the curb chapter would work unnecessary hardship upon
to a standard curb section at his own expense. the applicant, property owner, tenants, or
(Ord.74-14§10, 1974). residents. (Ord.02-22,Ord.74-14§12, 1974).
l1c5.^�0015.10.050 Sufficient Parking 15.04.13015.04.020 Jurisdiction.
Required.
The requirements of this chapter shall
No permit for the construction of new apply to all public zi hts-rights-ef-of way under
driveway approaches shall be issued unless the the jurisdiction of the City of Tigard,dedicated by
property served has the minimum parking plat or deed, created by user, or the use thereof
required by the Community Development Code. controlled by the City pursuant to agreements
(Ord.02-22,Ord. 74-14 §11, 1974). with Washington County or the Oregon
Department of Transportation.
15.04.110 As Built Drawings.
5."�04.14015.04.170 Inspection and
Upon request by the City, a permittee shall Acceptance.
provide City with two complete sets of en 'nig eered
plans in a form acceptable to the City showing the The permittee must apply tenotif
y the City
location of the facilities the permittee installed or Engine inIg Department ef th or designee
constructed within the rights-of-way pursuant to upon completion for inspection of the work to
the permit. determine compliance with the requirements of
this chapter,prior to final acceptance of the work.
15.04.12015.04.150 Unusual Conditions. The permittee shall not be relieved of obligations
under any perfemmnee—a=- eash beadsg2un16
posted-- 'vig en pursuant to the provisions hereof
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TIGARD MUNICIPAL CODE
until the work is in accordance with the terms of responsible to anyone for any injury by reason of
the permit and has been accepted by the the presence of such obstructions or excavation on
depa entCy. Acceptance by the City does not. the public highways when the obstruction or
relieve the permittee of its obligation to maintain excavation is the whole proximate cause of the
repair, or reconstruct the site of the excavation so injury and shall also be liable to the City, in the
as to maintain a condition acceptable to the City event that the City is held responsible for any
Engineer until the right-of-way is reconstructed action or claims or otherwise arising out of the
repaved, or resurfaced b• the Ci �'-^ peRn
� ee presence of the obstruction or excavation en-in the
^bqu' a ��i 1974). night-of--wax. (Ord. 74-14 §16,
b Bo
p�ied-w�risl3- e•-re =red-by +h �'�
maintenanee bond, but not exeeeding one-fear
fFem the date of aeceptanee f the work.- (Ord. 15-04.17015.04.160 Repairs.
02-22,Ord.74-14§14, 1974).
15.04.15015.04.180 Barricades And Safety
Measures. f the -e-and--rPpa -��-t1te-meet
suffase of pavement
dug
Whenever any person,under authority of this .°a ,., a ,, ' '
chapter or otherwise, places any obstruction in a of the pen t-, in- a pernuttee shall at its own
street er- alleyright-of-way or makes any expense, repair and restore the area in which the
excavation therein for any purpose whatsoever, it work was performed to as good or better condition
shall be the duty of such person er-eerp^,• -to r-than before such work was undertaken-at
keep the obstructions or excavation properly their- a Am wE pense and for suah a peried of fi
rfie
safeguarded by substantial barricades and display as required by tt,e Engineering „ .tni _, L
lighted red lanterns or other lights or flares from . (Ord. 02-22, Ord. 74-14
dusk until daylight in conformity with such §17, 1974).
regulations as may be specified by the City
Engineer. Whenever, in the opinion of the City 15.04..18015.04.200 Option To City To
Engineering--Bepaent, the public safety is Replace Pavement.
endangered by such cuts or excavations as to
require constant supervision from dusk to daylight
to insure that all barricades are in proper condition Eftginee , it wi
�- nd -be to the best interest
and location,all warning lights are burning and all City r r- the r.ty �1z�he permittee shall�e
traffic is properly routed around such barricades, replace or repair the street surface or pavement
the per-sen to ..',.,.m thep e”" t f '-has been cut, damaged, tunneled under or undermined
grantedpermittee shall be responsible for under the provisions of this chapter_,-6uA
furnishingt wate'� p sha}}�elf the permittee fails to restore the street
a "'" such su ervision�
thaese. (Ord.02-22,Ord.74-14 §15, 1974). surface or pavement as required by this chapter.
the City may replace or repair the street surface or
`."� 04.16015.04.190 Liability for Accidents. pavement and either charged to the pffse- to
the
Every person er-eerper-atien-having occasion bee g�tedthe permittee or deducted the cost
to place any obstruction in any street er-alleythe from the security deposited by him-the permittee
right-of-way or to make any excavation therein with the City. (Ord.74-14§18, 1974).
under the provisions of this chapter shall be
I 15-X4— Code Update: 08310206
TIGARD MUNICIPAL CODE
The r"
deemed to apply to
...F,.ay b t Cit 1.
its employees, when GOHE�aetiag City weFk—, oF*
0
een#ae4er's peFfemmnee—and maintenamee
mspensbilifies are net, 9ugh, relieved. (QFa:
74 in §in 1970+
`."015.04.210 Violation--Penalties.
A _,:..i,...:__ of tMs ,. —�� aFailure to
r
I comply with a provision of this chapter shall be a
Class 1 Civil Infraction. (Ord. 02-22, Ord. 74-14
§21, 1974).■
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Chapter 15.10 DRIVEWAY 5. End slopes. As used in this chapter
APPROACHES AND CURB "end slopes" means those portions of the
CUTS driveway approach which 'provide-a transition
from the normal curb and sidewalksloping
Sections: surface or by means of a curb return together with .
the area between the projected tangents of the
15.10.010 Definitions. curb return.
15.10.020 Driveway Approaches and Curb
Cuts. 6. Person. As used in this chapter,
15.10.030 Areas of Limited Street "person" means every natural person firm co-
Improvement. partnership, association public or private
15.10,040 Abandoned Driveway corporation or entity or district
Approaches.
15.10.050 Sufficient Parking Required. 7. Right-of-way. As used in this chapter
15.10.060 Penalties. "right-of-way" includes City streets roads
bridges, alleys, sidewalks,-trails paths and all
15.10.010 Definitions. other public ways and areas managed by the City
1. Apron. As used in this chapter,"apron" 8. Sidewalk. As used in this chapter
means that portion of the driveway ap rp oath "sidewalk" means an area specifically delineated
extending from the gutter flow line to the property and constructed for pedestrian use located behind
line. a curb but within the rights-of-wayor within an
easement specifically established for that purpose
2. Curb return. As used in this chapter,
"curb return"means the curved-portions of a curb 9. Street or Alley. As used in this chanter.
in the end slopes of a driveway approach. "street"or"alley"means every way orlap ce open
as a matter of right to the use of the public for
3. Driveway. As used in this chapter, vehicular or pedestrian traffic between rihg tof-
"driveway" means an area designated for way lines.
vehicular use, other than a designated parking
area,not dedicated or set aside for public use. 15.10.060 Penalties.
4. Driveway approach. As used in this Failure to comply with a provision of this
chapter, "driveway approach" means an area chapter shall be a Class 1 civil infraction.■
construction or improvement between the
roadway of a public street andprivate property
intended to provide access for vehicles from the
roadwa of a public street to a definite area a
driveway, or a door at least seven feet wide
intended and used for the inexess and egress of
vehicles. The component parts of the driveway_
approach are termed the apron the end slopes or
the curb return.
i5-10-i