Ordinance No. 82-12 _1
CITY OF TIGARD, OREGON
ORDINANCE No. 82IL
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AN ORDINANCE RENEWING THE FRANCHISE OF GENERAL TELEPHONE COMPANY OF THE
NORTHWEST, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT TO
PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUC-
TORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR
COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS,
AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, t
AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD;
AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND DECLARING AN EMERGENCY.
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The ten year franchise for the communication facilities and services I
provided by the General Telephone Company of the Northwest, described in the
title of this ordinance is now before the City Council for renewal. The
Council believes that the franchise should be renewed under the terms and
conditions set forth in Exhibit A, attached hereto, and by this reference
made a part hereof.
NOW, THEREFORE, THE CITY OF TIGARD CITY COUNCIL ORDAINS AS FOLLOWS:
Section 1. The terms and conditions of the attached franchise agreement,
Exhibit A, are hereby approved and adopted as part of this
ordinance as if specifically set forth.
Section 2. The Mayor is authorized and directed to sign the attached
agreement on behalf of the Council.
Section 3. Because of the need to have stable telephone communication and
the need to have a stable revenue flow to the City from
franchise fees, an emergency is declared and this ordinance
shall take effect upon its passage.
PASSED: By the Council, by unanimous vote of all Council members present
after being read two times by number and title only, this 7
day of �t�Lr�L� 1982.
Recorder - City of Tigard
APPROVED: By the Mayor, this day of 1q,rd, , 1982.
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Mayor - City of Tigard
A
1 A FRANCHISE AGREEMENT GRANTING TO GENERAL TELEPHONE COMPANY OF THE
NORTHWEST, INC. , A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS
} 2 THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIPES AND OTHER APPLI-
ANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION
3 OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER
THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF
THE CITY OF TIGARD, OREGON AND TO CONDUCT A GENERAL COMMUNICATION
BUSINESS WITHIN THE SAID CITY OF TIGARD, OREGON.
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6 SECTION 1. Subject to the other terms and conditions set forth in
7 I this document there is hereby granted by the City of Tigard to the General
' Telephone Company of the Northwest, Inc., a Washington Corporation, its
8 successors and assigns; subject to file deVelGpliient ordirances and regulation.
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of the City, the right and privilege to conduct a general communication bus-
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iness within the said City, or such other public property as may come within
11 the jurisdiction of the City during the term of this agreement. This for th
12 purpose of furnishing, as a public utility the products and services utilize
13 in providing telephone, telegraph, and other communication products and
14 services. This grant includes the right to erect, construct, place, replace
15 reconstruct, lay, maintain, and operate poles, wires, switching equipment,
amplifying equipment, fixtures, facilities, appliances, structures and
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other devices including, but not limited to, electronic, optical and
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mechanical devices customarily associated with Grantee's function, and
18 purpose of serving as a common carrier of information for communication
19 purposes.
20 SECTION 2. It shall be lawful for Grantee to make all needful and
21 necessary excavations in any of said streets, alleys, avenues, thoroughfares
22 and public highways. All work shall be in compliance with applicable rules,
23 regulations, ordinances or laws of the City or State.
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1 SECTION 3. Prior to the commencement of any ordinary construction,
o extension or relocation of any of Grantee's facilities upon, over, under,
3 or across any of the streets, highways , or other public property within the
jurisdiction of the City, the Grantee shall advise the City's Department of
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Public Works of the location of such proposed construction, extension, or
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relocation and shall obtain from the City Engineer approval prior to
6 commencement of such work. Not less than 3 working days prior to commence-
7 ment of any work which might affect City utilities, Grantee shall give notic
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8 to City's Maintenance Department for purposes of utility location. The
g location of all such facilities shall be at places approved by the City.
10 SECTION 4. Whenever Grantee shall disturb any of the streets, alleys,
avenues, thoroughfares and public highways for the purposes aforesaid, it
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shall restore the same to good order and condition as soon as practicable
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without unnecessary delay and failing to do so, City shall have the right
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to fix a reasonable time within which such repairs and restoration shall be
14 completed and upon failure of such repairs and restoration being made by
15 Grantee, City shall cause such repairs to be made at the expense of Grantee.
16 The Grantee hereby agrees and covenants to indemnify and save harmless the {
17 City and the officers, thereof against all damages, costs and expenses what-
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hat 18 soever to which it or they may be subjected in consequence of negligence of
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t: the Grantee, or its agents or servants, in any manner arising from the right :
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and privileges hereby granted.
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SECTION 5. The City, by its properly constituted authorities, shall
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have the right to cause the Grantee to move the location of any pole, under-
22 ground conduit or equipment belonging to Grantee whenever the relocation
23 thereof shall be for public necessity, and the expense thereof shall be paid
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24 by the Grantee. Whenever it shall be necessary for public necessity to c
25 remove any pole, underground conduit or equipment belonging to Grantee or
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I on which any wire or circuit of the Grantee shall be stretched or fastened,
2 the Grantee, shall , upon written notice from the City, or its properly con-
3 stituted authorities, meet with City representatives and agree in writing to
a plan and date certain to remove such poles, underground conduit, equipment
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wire or circuit, at Grantee's expense, and if the Grantee fails, neglects
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i or refuses to do so, the City, by its properly constituted authorities, may
remove the same at the expense of the Grantee.
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9 SECTION 6. Whenever it becomes necessary to temporarily rearrange,
8 remove, lower or raise the wires, cables or other plant of Grantee for the
9 passage of buildings, machinery or other objects, Grantee shall temporarily
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10 rearrange, remove, lower or raise, its wires, cables or other plant as the
necessities of the case require; provided, however, that the person or
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persons desiring to move any such buildings, machinery or other objects, f
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shall pay the entire actual cost to Grantee of changing, altering, moving,
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removing or replacing its wires, cables or other plant so as to permit such
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passage, and shall deposit in advance with Grantee a sum equal to such cost
15 as estimated by Grantee and shall pay all damages and claims of any kind
16 whatsoever, direct or consequential , caused directly or indirectly by
19 changing, altering, moving, removing or replacing of said wires, cables or
18 other plant, except as may be occasioned through the sole negligence of E
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19 Grantee, Grantee shall be giver, not less than ninety-six (96) hours written
notice by the party desiring to move such building or other objects. Said
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notice shall detail the route of movement of such building or other objects
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over and along the streets, alleys, avenues, thoroughfares and public high-
22 ways and shall bear the approval of the City. Such moving shall be with as
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23 much haste as possible and shall not be unnecessarily delayed or cause
24 Grantee unnecessary expense or waste of time,
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I SECTION 7. In consideration of the rights and privileges hereby
,x 2 granted, City shall have, and Grantee hereby grants to it, the right and
3 privilege to suspend and maintain wires and necessary control boxes on
poles placed by the Grantee in the streets, and other places aforesaid, or
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if such wires are placed underground, to place/maintain in the pipes or
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conduits of Grantee, if space therein is available, wires which City may
6 require for fire and police purposes. All such wires shall be placed on
7 the poles or in conduits so as not to interfere with communication service
8 and shall not carry currents or voltage dangerous to telephone plant or
9 telephone users and all installation, maintenance and repairs shall be
10 subject to the rules, regulations and supervision of the Grantee. City
agrees in consideration of the establishment of this service and the
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furnishing of such facilities to hold Grantee entirely free and harmless
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from all claims or liability for damage which may arise out of the operation
13 of these special services.
14 As further consideration Grantee agrees to pay to City 3% (three
15 percent) of the gross annual revenue for local exchange service rendered
16 subscriber within the city limits, such revenue to be determined in accord-
17 ance with the lawful rates and rate groupings applicable to the exchange,
18 exclusive of extended area service. Such payments shall be made by Grantee
on or before March 15 of each year for the calendar year preceeding and the
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first and last payments shall be for the fractional part of the calendar
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year, during which this franchise is in effect.
21 SECTION 8. It is understood and agreed that the percentage to be
22 paid to the City by Grantee under the terms and provisions of Section 7,
23 above, is the standard franchise fee paid by the Grantee to other cities it
24 serves for the rights, privileges and franchises of the nature contemplated
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25 J__Ilereiil, dfd iio the EVEFit chat during the tenni 'Hereo the Grantee snail ayree
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1 in a negotiated franchise to pay any city in Oregon a percentage rate of
2 compensation exceeding that provided for herein, said increased rate of
3 compensation shall thereafter be payable to the City and this ordinance
and franchise shall be amended accordingly.
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SECTION 9. The rights, privileges and franchise hereby granted
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I shall continue to be in full force for a period of ten (10) years from the
6 date of its passage. However, this franchise shall be inoperative unless
7 it is accepted in writing by the Grantee within sixty (60) days after the
8 date of its passage.
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INTRODUCED AND ADOPTED this zS 6- day of 1982
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CITY OF TIGARD, OREGON
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18 Mayo r
19 ATTEST:
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23 City Recorder
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1 General Telephone Company of the Northwest, Inc. , a corporation,
t 2 hereby unconditionally accepts Ordinance No. 82—12 of the City of Tigard
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and all of the terms, provisions and conditions thereof, said Ordinance
No. 82-12 being entitled:
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5 An Ordinance granting a non-exclusive telephone utility
franchise to General Telephone Company of the Northwest,
G Inc. , fixing terms, conditions and compensation of such
franchise.
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Which said Ordinance No.82-12was passed and adopted by the Council
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and approved by the Mayor of said City of Tigard on the 8th day of
9 March 1982.
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11 IN WITNESS WHEREOF said General Telephone Company of the Northwest,
12 Inc., has caused this acceptance of said Ordinance to be signed by its Vice
18 President, and its corporate seal to be affixed hereto and attested by its
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Secretary, this 29th day of March 1982•
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16 ( T INC.
GENERAL TELEPHONE COMPANY OF THE NORTHWEST,
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18 g
Vice President
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ATTEST:
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Aretary
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