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Ordinance No. 62-09 1— n TIC An.D .^.n..". ON RD11•I4NCE 1410- (O,q ' G1i1 Vl' a , � t.'_�.�.�. � Y.3 1� _ AN ORDINANCE GRANTING TO?NEST COAS^i TELEPHONE COMPANY, A WASHINGTON CORPORATION, ITS ;aOWLSSURS AND ASSIUiiS, THE RIGHT TO pr.nCLJ R?ynm +;.rj 1tI?mnTh? pn..",R 1R g atID Cmc,?R Af'NL1A;ICES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOP THE T=tAy91.1ISSION OF ELECTRICITY FOR TMEP110111M. IURPCSE'w, TN, UPO: U102R, OVER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC STAYS AM PLACES WITHIN THE CO.u-01RATE LIMITS OF SAID CITY, A.111D m0 CO.nlntJr,T A GENERAL TELEPHONE BUSINESS WITHIN SAID CITY OF T•IGAM, FIXING THE TERAS AND CONDITIONS T0REOF AND PROVIDING FOR THE TERIM ,:ND EFFECTIVE DATE THEREOF. IT IS ORDAINED BY ME COU14CIL OF THE CITY OF TIGARD- Section 1. That West Coast Telephone Conpany, a Washington corporation, hereinafter sometimes referred to as the "Company" or the "Grantee", is hereby granted, subject to the terms and conditions hereof, the franchise right and privilege to erect, construct, maintain and operate a general telephone system and business within the corporate limits of the City of Tigard, herein sometimes referred to as the "City", as the same now exist or may be hereafter constituted, and the franchise right and privilege to erect, construct, maintain and operate poles, u." ..... ..,i ..ae.+., 1 ni r ,,i t..c and nther property ciyiuy. i _- necessary or convenient to supply the City and the inhabitants thereof and other persons and territory with telephone service, upon, over, ' along, under and across the streets, alleys, roads and other public ways and place;7 within the corporate limits of the City as the same now are or may be hereafter constituted. All poles, wires, fixtures, equipment, underground cir- cuits and other property owned or in possession of the Company now located within the corporate limits of the City shall be deemed to be covered by the terms of this ordinance and to be located in accordance therewith, &,1 the location and placement thereof is hereby approved. The City* reserves the right to vacate, alter, or close any street, bridge or public place, but in so doing will give due regard to the 1 presence of Company's facilities and the continued rendition by Company of service to the public. ' Section 2. This franchise is granted for a period of 20 years from t e e fective date of this ordinance unless sooner termi.n- ated as provided in this ordinance, but the Council of the City of Tigard may terminate this franchise at any time after 10 years from the effective date hereof upon one year's notice in writing to the Company. " In the event the Company shall fail, neglact, or refuse for thirty (30) days after demand in writing by the City to perform any or all of the obligations or requirements set forth in this ordinance to be performed by the Company, then the right•S and privileges herein granted may be terminated and annulled by,the Council or,other legislative body of the City,,and the Company shall forfeit in such event all rights and privi- leges hereby granted, t. Section 3. That the Company shall file with the City Engineer, or other City official designated by the City, maps or sketches showing any proposed 1:Lne construction work to be done by the Company in any street, alley, road or other public way or place prior to under- taking such work, and such construction work shall be done in a reasonably safe manner subject to the approval of the official designated by the Council of the City and in accordance with requirements of applicable ( State laws and City ordinances. L r� Section 4. That the Company, under the direction of the City or its properly constituted auc11ulioi6s, 51,ay r,, c a== == y excavations in a:;; street, alley, road or other public way or pl e for the purpose of erecting, constructing, •eyaiviJ ag, mail-It 1 - ( ground conduitsandpipes; and for placing, maintaining and operating its wiles ndconductors. alt Holes o3 the Company shall be erected at t ,,iia directed by the prencr the outside edge of thesiderralk ur�asso ha^^ - City authorities. Section 5. That wnen any excavation shall be made pursuant to the provisions of this ordinance, the Company 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 thereof; and all 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 Council of the City or as may be otherwise provided by law. The City, at its option, may require that any opening in any hard surface pavement in any street, alley, or public, h-Lghwaya may y oe filled in and the surface replaced by the City, and the cost therefore, including insrection and supervision, shall be paid by the Company, and _.a-- ,i----4 t .,;+h the City Treasurer of a sum the City may requi i'a v- P�--+ ------ ••-- estimated to be sufficient to pay the cost to be borne by the Company prior to the excavation of said street, alley, or public highway. Section 6. That the City, by its properly constituted authorities, she have the right to cause the Company to move the location of any pole whenever the relocation thereof shall be for public necessity or convenience, and the expense thereof shall be paid by the Company. Section 7. That nothing in this ordinance shall be con- strued as in ary way to prevent the City from sewering, grading, paving, planking, repairing, widening, altering or doing any work that may be ; desirable on any of the streets, alleys, roads or public ways or places; but all such work shall be done, if possible, in such manner,as not to obstruct, injure or prevent free use and operation of the said telephone system of the Company. Section 8. That whenever it shall be necessary in sewering, grading, or in ma g any other improvement in any street, alley, road or n other public way or placer to remove any pole, underground conduit or eq-ipment belonging to the Company or on which any wire or circuit of the Company shall be stretched or fastened, the Company shall, upon twenty (20) days' written notice from the City, or its properly consti- tuted authorities, remove such pole, underground conduit, equipment, wire or circuit; and if it fails, neglects or refuses so to do, the City, by its properly constituted authorities, may remove the samo at he expense of the Company. Section 9_ 'Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or �-Lher plant of Grantee for he passage of buildings, machinery or other objects, Grantee shall temporari7,Y rearrange, remove, lower or raise its wires, cables or other plant as the necessities of the case require; provided, however, that the person or per desiring to move any such building, machinery or other objects, shall pay;the entire actual cost to Grantee of changing, altering, moving: renoving or replacing its wires, cables or other plant so as to permit such passage, and;shall deposit in advance with Grantee a sum equal to such cost as estimated by Grantee and shall be liable to r- , 2. nav for all damaPes incurred through his negligent acts while exercising ' +he author.,Ty -car, �d bd 3-y r r:^i+ , sued Uv the City. rantli ue �^ w writte +'1Ce hJ _hP n 1[ey n1vin not 'less than tlltlety six �� + jac+s e ,rt n,tice shall a tail desiring to move such building ov o ui a t.ha rngt,e of movement of such building or other oodect5 ove and along the a ,i .. .d Ehell l bear streets, alleys, avenues, tiieruuyu,are' o— pua,.+ + - - - the approval of the City- Such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause Grantee unnecess- ary expense or waste of time. Section 10. That the rights and privileges granted by this ordinance are granted upon the conditions herein contained and also upon the following considerations and conditions, to-wit: (a) That West Coast Telephone Compare} shall, within thirty (30) days from the effective date of this ordinance, file with 7 the City Recorder its written acceptance of this ordinance, subject to all the terms, obligations, restrictions and provisions of this ordinance; and upon the expiration of the allotted time for the acceptance - of this ordinance, the same not having been accepted unconditionally, -1-11 ,.,, mo ,.,hnTl,> vnid. irorerative and of no then -61116 UrUlL a Au uuu.0 .,.....,..._ ....__„ ._ _ ' effect. z (b) As compensation for the rights and privileges herein granted, in addition to any other consideration in this ordinance expressed, the Company shall pay to the City an amount equal to two and one-half (2-1/24) per cent of the Tross revenue each year derived by the Company from local exchange service rendered subscribers within the corporate limits of the City of Tigard, such revenue to oibe deteto rminedin accordance th lawful rates and rate group_rgs app exchange, exclusive of extended area service; such amounts to accrue beginnin January 1, 1962. (c) The compensation required by this section shall be due for each calendar half year, or fraction thereof, within 45 days after the close of such calendar half year or fraction thereof. '.Iithin 45 days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last calendar half year for which compensation hasbeen paid. (d) The Grantee shall furnish to the City with each pay- ment of compensation required by this section, a written statement, under oath, executed by an officer or ^eneral manager in charge of operations in Oregon showing the amount of --ross revenue of Grantee within the City for the period covered by the payment computed on the basis set out in subsection (b) of this section. The compensation for the,period covered by the statement shall be computed on the basis of the gross revenue so reported. If the Grantee fails to pay the entire amount of compensation due the City through error or otherwise, the difference due the City shall be paid by the Grantee within 15 days from discovery of the error or determination of the correct amount. Any over- payment to the City through error or otherwise shall be offset against the next payment due from the,Grantee. 7� Upon receipt of such semi-annual payment, the City Recorder (Clerk) shall issue his receipt therefore, which shall be full acquittance of the Company for the sum received. If controversy arises as to the amount of gross revenue within the meaning of this ordinance, the amount of such gross revenues as determined by the Public Utilities Commissioner of Oregon after examination of the Compar 's records, shall be deemed the correct amount. 3. i k- (a) nvc�pta»ce hg +ne r t.y of prtiy rnynu�nt clue under this section shall not bedeemed tobea waiver by the City of any breach 1 t4. to n shall i'.he enT'anoe by ui .y .a�...L:_... ......,.ti p.a..vr ..� " ..r-,t-.t�nh'n _ the City e any such�paympnts preclude, the Cityfromlate s w i-g that a larger amount was a,tua'ly duel or from collecting any balance ' due to the City, g (f) That in consideration of the agreement of the Com- pang to make such payments, the City agrees that no license, tax or charge on the business, occupation or franchise of the Company shall be imposed upon, exacted from or required of the Company by the City during the term of this ordinance, but this psa-esion shall not exempt the property of the Company from lawful ad valorem tares or from any local improvement assesment. - (g) That the CompanLr shall permit the City to string wires on poles of the Company for minicipal fire, police and water departments, and for municinal tel.cp:;one, telegraph and traffic ." signal systems, and to attach to the top of any pole City fire alarm and police signals provided that such wires and signals shall :---- Qt ,m d sn as to not in any way interfere with the facilities of the Company. The City agrees to reimburse the Company for Tile rCa:.Juauio cost of repairs to the Company's poles and wires necessitated by, or ".` resulting from, the use of the Company's poles by Lhe City as in this sub-paragraph set forth. ` (h) That the Company shall not during; the term of this franchise sell, assign, transfer or convey this franchise without the consent of the Council of the City expressed by ordinance first obtained, and that upon obtaining such consent all of the provisions shall inure to and 'bind the successors and assigns of the Company; and whenever the West Coast Telephone Company shall be mentioned in this ordinance, it shall be understood to include such successors or assign in interest of the West Coast Telephone Company as ehall have been so consented to by the Councils .: Section 11. That the rates to be ,charged by V. !PanY for telephone service shaI be such as may be fixed and/or approved ny the Public Utilities Commissioner of Oregon, or any other governmental official, commission or body having jurisdiction. Section 12. That the Company hereby agrees and covenants to indemnify and save harmless the City and the officers therof against all damages, costs and expenses whatsoever to which it or they may be subjected in consequence of negligence of the Company, or its agents or servants, in any manner arising from the rights and privileges hereby granted. ' Section 13. That the franchise hereby granted shall not °be exclusive and shall not be construed as any limitation on the City .+ or corporations ,.;tet+.s. nriv-leges and authority to other persons similar to or different from those herein set forth. Section its. The Company shall maintain facilities in the City where its customers may pay their bills for telephone service during normal business hours. h. a� Section ?K. The City reserves Liia i'i.glit to a:CorCisa, with regard to this franchise and the Grantee, all authority nc-d or hereafter granted to the City by state statutes. All rights of the City under any city charter hereafter adopted are reservad to the City and provisions of the city charter applicable hereto shall be deemed incor— porated by reference and made a part of this franchise; provided, that the Company shall have the right to cancel this franchise by written notice to the City given at any time within sixty (60) days after the City of Tigard shall have adopted a charter and such cancellation shall then become effective thirty (30) days after receipt of said notice by the City. Section 16. It is hereby declared that an emergency exists and that. Pt for the immediate preservation of the peace, health, and safety of the people of the City of Tigard, Oregon, that this ordinance become effective immediately in order to provide continuity of telephone service, insure public revenues, and authorize t:,e proper use of public property within the City, and this ordinance sha2.1 be in full force and effect unon its passage by the Council and approval by the Aiayor. 1st Reading day of , 19 2nd Reading day of 19_ 3ri Reading day of , 19 Passed by the City Council the /�I day of� X—I dam, "- 19 Approved by the Ma;or the // day o&92 19 bs1/. Mayor ATTSS�: Recorder \ This is/to certify that the above is a true and correct copy of Ordinance No.(0 leased by the City Council oft e City of Tigard, Oregon, on granting a franchise to West Coast Telephone C mpany in the City of Tigard, Oregon. Recorder Y Dated a on f r ,o i6 r Y .0 THE CITY rOUNCIL OF THE CITY OF TIGARD$ OREGON' The West Coast Telephone Company hereby unconditionally Accents the right, privilege uud :Aar.:h:se granted unto it; its $uccessors and assigns, by that certain franchise passed by the City Council of the City of Tigard, Oregon, on the 19th I day of March 1962,as amended on June 18, 1962, by Ordinance No. 62-12,designated as Ordinance No. 62-9 and entitled: `§ AN ORDINANCE GRANTING TO WEST COAST TELEPHONE COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDER- ES W!R FnP Tt;E TR Au$"1cSI�:: ^vi ."Li.CTR!CA.i FOR TELEPHONE PURPOSES, IN, UPON, UNDER, OVE1t AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY. AND g TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN SAID CITY OF TIGARD, FIXING THE TERMS AND CONDITIONS THEREOF AND PROVIDING FOR THE TERM AND EFFECTIVE DATE THEREOF. Dated at Everett, Washington, this 10 day of .Ijj1 Y_ 19_§.L WEST COAST TELEP?:ONE COMPANY ss stant ecretary ATTEST: i s$ Stant ecretory I,hereby acknowledge receipt of acceptance on the part of the West Coast Telephone Company of the franchise, ranted by e thet City Council of the City of Tigard, Orego 19(, designated as Ordinance No. 62-9 as amended by Ordinance No. 62-12. City Recoraor Dated at Tigard, Oregon ���