Ordinance No. 17-02 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 17-ZQ
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.06 "FRANCHISED
UTILITY ORDINANCE"TO UPDATE THE DEFINITION OF "PERSON"AND CLARIFY UTILITY
RELOCATION REQUIREMENTS
WHEREAS, Tigard Municipal Code ("TMC' Chapter 15.06 governs use of the rights-of-way by utility
operators;and
WHEREAS, TMC Section 15.06.020 currently defines "person" to exclude certain special districts that the
Council finds should be subject to the provisions of Chapter to ensure more effective management of the City's
rights-of-way;and
WHEREAS, TMC Section 15.06.260, consistent with long-standing Oregon law, requires utilities to pay the
costs of relocating their utility facilities in the rights-of-way when relocation is in the public interest;and
WHEREAS,clarification of TMC Section 15.06.260 is necessary to ensure that the City does not pay relocation
costs on behalf of non-City utilities;and
WHEREAS, the purpose of TMC Chapter 15.06 as stated in TMC Section 15.06.030, must be updated to
reflect these changes and clarify the intent of the Chapter.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Sections of TMC Chapter 15.06 are amended as set forth as Exhibit A to this ordinance and
are approved and adopted by City Council.
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.
PASSED: By It-Kant- CU,4--) vote of all council members present after being read by number
and title only,this 2 t-h day of ,2017.
Key Burgo e,Deputy 'ty R order
APPROVED: By Tigard City Council this -7141 day of2017.
JohnFcoo�Mayor
Approv d as to form:
City Atto ey
po l�-
Date
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ExHIBITA
Saike dtroug�,text is deleted from the Code and underlined text is added to the Code.
Tigard Municipal Code
Chapter 15.06 FRANCHISED UTILITY ORDINANCE
15.6.30 Purpose
The purpose and intent of this chapter is to:
A. Permit and manage reasonable access to the rights-of-way of the city for utility purposes on a
competitively neutral basis and conserve the limited physical capacity of those rights-of-way held
in trust by the city.
B. Assttre that the eity's
ftftd the use of the tights of way ate fitRy eampensmed by the persons seekiiV stteh fteeess an
eats' .
C.Secure fair, just and reasonable compensation tofor the city and its residents for p
e-as a result of utility use, occupation and related activities inof the rights-of-way, which
impose substantial impacts, burdens and costs on the city and its residents. and necessitate
administration, maintenance and operation of the rights-of-way by the city for the benefit of the
utilities and the cit4�esidents.
ED. Comply with the provisions of the Communications Act of 1934 as they apply to local
governments.
Section 15.06.020 Definitions(definition of"Person")
"Person" means every natural person, firm, co-partnership, association, corporation, entity or other
form of organization, including government entities
serviee A tricts.
Section 15.06.020 Definitions (definition of"Telecommunications")
"Telecommunications" means any service provided for the purpose of the transmission of audio,
video, digital or other forms of electric or electronic signals or information without regard to the
transmission protocol employed. Telecommunications includes all forms of telephone services and
voice, video, data or information transport, but does not include: (1) cable service as defined in 47
U.S.C. Section 522(6); (2) open video system service, as defined in 47 C.F.R. 76; (3)
telecommunications provided through a system that is owned or operated exclusively by a personof
Vve for their private use and not, directly or indirectly, for sale, resale, lease, trade,
barter or other exchange of value; (4) over-the-air radio or television broadcasting to the public-at-
large from facilities licensed by the Federal Communications Commission or any successor thereto;
and (5) direct-to-home satellite service within the meaning of Section 602 of the
Telecommunications Act.
Section 15.06.260 Relocation or Removal of Facilities
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The utility operator shall temporarily or permanently remove, relocate, change or alter the position of any
utility facility within a right-of-way when requested to do so in writing by the city. The removal, relocation,
change or alteration shall be at the utility operator's expense when the removal, relocation, change or
alteration is needed because of construction, repair, maintenance, or installation of public improvements or
other operations of the city within the right-of-way or is otherwise in the public interest. T_ the event <L..t,
Nothing in this section shall be deemed to preclude the utility
operator from requesting reimbursement or compensation from a third party pursuant to applicable laws
regulations or agreements provided that the utility operator shall timely comply with the requirements of
this section regardless of whether or not it has requested or received such reimbursement or compensation.
The city shall specify in the written notice the amount of time for removal, relocation, change or alteration.
In the event of emergency, the utility operator shall take action as needed to resolve the emergency, and the
city may use any form of communication to direct the utility operator to take actions in an emergency to
protect the public safety,health and welfare.
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