Ordinance No. 73-23 CITY OF 'TIGARD, OREGON
ORDINANCE No. 73-_)_3
AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY,
AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT
AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY
\, UNDERGROUND WIRES FOR COt=NICATION PURPOSES, IN, UPON, UNDER, OVER AND
ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE
CORPORATE LIMITS OF SAID CITY, AND TO CONDUCT A GENERAL TELEPHONE BUSINESS
WITHIN SAID CITY OF TIGARD, PRESCRIBING TERMS AND CONDITIONS, REPEALING
Ordinance No. 72-57 FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That Pacific Northwest Ball Telephone Company, an Oregon
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 communication 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, wires, fixtures, equipment,
underground circuits and other property 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 places within the corporate limits of the
City as the same now are or may be hereafter constituted.
All poles, wires, fixtures, equipment, underground circuits 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, and 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 presence of Company's facilities and the continued
rendition by Company of service to the public. The city shall not require the
Company to remove or relocate its facilities or vacate any street, alley orI
other public way incidental to any public housing or renewal project under ORS
Chapters 456 or 457 without reserving Company's right therein or without P
t Nuiring Company to be compensated for the costs thereof.
Section 2: This franchise is granted for a period of 20 years from the
effective date of this ordinance unless sooner terminated 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 6 months' notice in writing to the Company.
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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 line constructiaa work to be done by the Company 1.n any street, s
alley, road or other public way or place prior to undertaking such work, s
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.
Section 4: It shall be lawful for Pacific Northwest Bell Telephone Company,
* its successors and assigns, to make all needful excavations in any
of such streets, alleys, avenues, thoroughfares and public highways, places
and grounds in said City for the purpose of placing, erecting, laying and
maintaining poles or other supports or conduits for said wires and appliances cr
and auxiliary apparatus or repairing, renewing or replacing the same. Said
work shall be done in compliance with the necessary rules, regulations,
ordinances or orders, which may during the continuance of this franchise be
adopted from time to time by the City of Tigard. Fwd
Section 5s That when 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
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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.
Section 6: That the City, by its properly constituted authorities, shall 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 except as provided in
Section 1.
Section 7 t That nothing in this ordinance shall be construed as in any
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
making any other improvement in any street, alley, road or other
public way or place, to remove any pole, underground conduit or equipment
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 constituted 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 same at the expense of the Company, except that in the event such removal
would require a major rearrangement of underground conduit the City will give
the Company sufficient time to perform such rearrangements.
Section 9t Whenever it becomes necessary to temporarily rearrange, remove,
lower or raise the aerial cables or wires or other apparatus
of the Company to permit the passage of any building, machinery or other
object moved over the roads, streets, alleys, avenues, thoroughfares and
public highways within the City, the Company will perform such a rearrangement
within a reasonable period after written notice from the owner or contractor
mover desiring to move said building, machinery or other objects. Said notice
shall bear the approval of the Exigineer for the City, shall detail the route
of movement of the building, machinery or other object, shall provide that the
costs incurred by the Company in making such a rearrangement of its aerial
facilities will be borne by the contractor-mover and shall further provide
that the contractor-mover will indemnify and save the Company harmless of
and from any and all damages or claims of whatsoever kind or nature caused
directly or indirectly from such temporary rearrangement of the aerial facilities
of the Company, and if required by the Company, shall be accompanied by a
cash deposit or a good and sufficient bond to pay any and all such costs as
estimated by the Company.
Section 10t That the rights and privileges granted by this ordinance are
granted upon the conditions herein contained and also upon the
following conalderations and conditions, to-wits
(a) That Pacific Northwest Bell shall, within thirty (30) days
after the effective date of this ordinance, file with 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, tLan this ordinance shall become wholly void,
` inoperative and of no effect.
(b) In consideration of the rights, privileges and franchise
hereby granted, said Grantee, Pacific Northwest Bell Telephone Company, its
successors and assigns, shall pay to the City of Tigard, from and after the
date of acceptance of this franchise, and until its expiration, annually,
three per cent (3R) per annum of its gross local service revenues derived
from services within the corporate limits of the City, less net uncollectibles
and revenue paid directly by the United States of America or any of its agencies.
The reasonable value of any utility service or the use of any Company facilities
used or'reserved for use by the City without charge shall be credited toward
any payment due the City under this provision.
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Payment of said 36 shall be made on or before the 15th day of
M,erch of each and every year for the calendar year preceding, with the exception
that in the year 1974 payment shall be made only for the period commenting
on the date this franchise becomes effective and ending December 31, 1973;
and such 3% payment will be accepted by the City from the Company also in
payment of any license, privilege or occupation tax or fee for revenue or
regulation, or any permit fees or similar charges for street openings,
installations, construction of for any other purpose now or hereafter to be
( imposed by the City upon the Company during the term of this franchise.
(c) Acceptance by the City of any payment due under this section
shall not be deemed to be a waiver by the City of any breach of this franchise
occurring prior thereto, nor shall the acceptance by the City of any such
payments preclude the City from later establishing that a larger amount was
actually due, or from collecting any balance due to the City.
(d) That in consideration of the agreement of the Company to
make such paymants, 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 provision shall not exempt the property of the Company from lawful
ad valorem taxes or from any local improvement assessment.
Section llt That the Company hereby agrees and covenants to indemnify and
save harmless the City and the officers thereof against all
damages, costa 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 12t That the franchise hereby granted shall not be exclusive and shall
not be construed as any limitation nn the City to grant rights,
privileges and authority to other persons or corporations similar to or
different, from those herein set forth.
Section 13t All rights are reserved to the City, and the provisions of the
city charter and State statutes applicable hereto shall be deemed
incorporatedbyreference 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 and such cancellation shall
then become effective thirty (30) days after receipt of said notice by the City.
Section 14t Inasmuch as Ordinance No. 72-57 enacted by the Council on October 9,
1972 and Ordinance No. 73-20 enacted on July 9, 1973, are hereby
superseded, said Ordinances Nos. 72-57 and 73-20 be, and the same are,
hereby repealed.
Section 153 Inasmuch as it is necessary for the peace, health and safety
of the people of the City of Tigard that the sources and rates
of revenue from public utilities within the City be maintained on a current
basis, an emergency is hereby declared to exist, and this ordinance shall
be affective upon its passage by the Council and approval of the Mayor.
PASSRD% By unanimous vote of all Council members present, after being read
three times by number and title only,
this --:z 3 day of 1973.
(4 '; Recorder - City of Ti
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APPROVED% By the Mayor, this 3 do ,-of,J u /y , 1973.
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form yor - City of Tigard
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ttOrney for
Padk Northwest Bell Tekohone C any
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WRITTEN ACCEPTANCE OF ORDIN�I NO, 73-23
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CITY OF TIGARD, OREGON
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TO THE MAYOR AND COUNCIL OF THE CITY OF TIGARD:
WHEREAS, on the 23rd day of July, 1973 the Council of the City
of Tigard, Oregon passed Ordinance No. 73-23 entitled:
AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPAI
AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT
AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY
UNDERGROUND WIRES FOR COMMUNICATION PURPOSES, IN, UPON, UNDER, OVER AND
ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN
THE CORPORATE LIMITS OF SAID CITY, AND TO CONDUCT A GENERAL TELEPHONE
BUSINESS WITHIN SAID CITY OF TIGARD, PRESCRIBING TERMS AND CONDITIONS,
REPEALING Ordinance No. 72-57, FIXING EFFECTIVE DATE AND DECLARING AN
EMERGENCY.
WHEREAS, said ordinance was duly signed on the 23rd day of July,
1973, by the Mayor of said City, and attested by the City Recorder;
WHEREAS, said ordinance was granted upon the condition that the
said grantee shall, within thirty (30) days of the passage and approval of
said ordinance, file with the Recorder of the City of Tigard its written
acceptance of all the terms and conditions of said ordinance;
WHEREAS, there is a clerical error in said Ordinance in that in
thg title thereof and in Section 1 thereof the grantee is referred to as
'ran Oregon corporation", although the fact is that said grantee, Pacific
`Northwest Bell Telephone Company is a corporation organized and existing
under the laws of the State of Washington, duly authorized to do business,
and doing business, in the State of Oregon and is the only corporation
doing business in Oregon under that name
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Pacific
Northwest Bell Telephone Company does hereby accept Ordinance No. 73-23 and
all the terms and conditions of said ordinance.
IN WITNESS WHEREOF, Pacific Northwest Bell Telephone Company has
caused this acceptance to be duly executed this /3rO day of August, 1973.
APas SS t0 FOrm PACIFIC NORTHWEST BELL TELEPHONE COMPANY
ke P�eNdent end
Gentral.Cnunie6 By—
By
iceePPr^b i
Attest: '
sistant S cretary
Receipt of the original of the duly executed acceptance
by Pacific Northwest Bell Telephone Company of all the
terms and conditions of that certain Ordinance No. 73-23
of the City of Tigard, Oregon, is hereby admitted
` this G{u day of; 17ti7 1973.
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Recorder of the City of T1 rd
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