09/16/1987 - Packet �
CITY 0F TIQARD
UTILITIES AND FRANCHISE COMMITTEE
MEETING AGENDA
Wednesday — September 1.6. 1987 — 7:00 P.M.
Tigard City Hall — Town Hall Conference Room
Members: BENZ JAC0BS L^^ MnREYN0LD8 ^~-~ GEORGE
MIS0VETZ IRWIN BARRETT ~-~~
1 . Call to Order and Roll Call.
~/
��. Minutes of August 12' 1987 meeting.
~/
`o. Franchise Agreements.
/
\�. Council Workshop — September 28' 1087 — 6:30 P.M.
��. Rate Review Procedure — Council Meeting September 14, 1007.
1987-88 Work Plan.
7. Other Business.
8. Adjourn.
6r/0060D
CITY OF TIGARD
FRANCHISE REVENUE
1984-85 1985-86 1986-87 1987-8G
FRANCHISE ACTUAL ACTUAL ACTUAL BUDGET
================== ========= ========= ========= =========
ELECTRl[
FSE 326252 645815 429512 525000
GAS
NNG 104733 131534 109784 15000O
TELEPHONE 108468 114303 125996 1350001
PNB (3291 )
GTE ( l2�7O7)
GARBAGE 40849 34o44 56312 55000
CABLE TV 10944 14968 23912 3001O
_................... _______ _______ _...._............
_
TOTAL 591246 941264 745518 895010
*
* PGE PAID THE CITY AN ADDITIONAL AMOUNT OF $ 182, 000 FOR PAST
YEARS ANNEXAT[ONS THAT WERE NOT INCLUDED IN REGULAR PAYMEHTS.
September 3, 1987
Honorable Tom Brian, Mayor
City of Tigard
P.O. Box 2397
Tigard, Oregon 97223
Dear Tom:
I am writing this letter to inform you that as Chairman
of the Utilities & Franchises committee I have requested
that Tom Benz be removed from the committee due to
nonparticipation because of excessive absence (over three
times) .
If you should require further information, please do not
hesitate to contact me.
Sincerely,
AL)ZO4
Mike Misovet
Chairman
Utilities & Franchises
MM/ms
cc: Mr. Tom Benz
P.O. Box 230029
Tigard, Oregon 97223
Wayne Lowery
City of Tigard
RE: RECYCLING
EDUCATION & PROMOTION
DEPARTMENT OF ENVIR0.VAMVTAL QUALITY
Volume 3, No.3 in recycling in your area, and you'll want to
September-October,1987 hold a promotion or activity during the week
of October 3-10, too.This issue includes many
In This Issue. Recycling Awareness Week suggestions: for a theme, sample news
plans, suggestions, samples. sundaes in releases, sample mayor's proclamation, and
Tillamook, Governor's proclamation,yard other hints designed to make your job
debris promotions--curriculum ready-policesupporting recycling in Oregon easier and
praise--andmore! more successful. For more information or
other suggestions, call Alene Cordas,
0
229-6046, or write her at DEQ's Portland
Recycling Week on Calendar office.
If you're the one planning promotional
activities, Oregon's second annual Recycling
Awareness Week, October 3-10, is coming up Theme: Recyclina, Saves
fast. In a media blitz covering the state, You might use DEQ's statewide theme
DEQ will publicize events in different I
communities, announce the recycling and and run a R_-_-,,,=an&-A�,,_-cr_ess Week contest
your customers?
among newspaper?the e
waste reduction curriculum to the public, and (
cover Governor Neil Goldschmidt's in a school
C�
I classroom?) to see how many
comments on the proclamation declaring different ways people can complete the
Recycling Awareness Week. statement. Then offer the results to your
local news media as an after-the-week-is-over
Not all information is in as we go to press, followup article. Or use the theme as the
but many communities are planning recycling subject of a flyer, print advertisement,
activities in October. ready-made ad, or Public Service
Teacher inservices on the curriculum are Announcement (PSA).
scheduled in Eugene and in the Portland The next paragraph shows the theme
area. Metro, Portland's regional government, expanded into a readymade print or radio
will begin Recycling Awareness Week with PSA. Just take out any items not recycled in
recycling display booths and hands-on your area and insert a local phone number, if
activities at Portland's Washington Park Zoo, applicable.
as well as a yard debris advertising campaign. Recycling Saves
West Linn wasteshed will hold a grand saves jobs, energy, and valuable Recycling
opening at its new yard debris collection
facility. But Tillamook's Gregg,Hannon has landfill space. It saves Oregon's famous
quality of life for generations to come! Save
the sweetest plan of all: free ice cream 0
sundaes in exchange for recyclables 'see your cans, glass containers, newspaper and
"Make Mine Chocolate," this issue). cardboard, motor oil and aluminum. Contact
your local government (insert phone number)
The excitement over many different for easy directions on preparing your
activities going on at the same time and for recyclables for collection (when? where?).
the same purpose can help maintain interest
Curriculum Circulates Sample Mayor's Proclamation
Recycling Awareness Week would be a Ask your mayor to follow Governor
good time to present a copy of Goldschmidt's lead and sign the following
RETHINKING RECYCLING, Oregon's proclamation(the wording differs from that
new recycling curriculum, to a local school or signed by the Governor):
teacher interested in using it. Or you may
- want to show it to your local newspaper As Mayor of(your city), I am happy to
editor. You'll find other suggestions for declare the week of October 3-i0 Recycling
using the curriculum--in and out of Awareness Week.•By recycling materials
rather than throwing them away, we can save
school--on DEQ's new Tip Sheets. If you
didn't pick them up at the recent Association valuable landfill space, preserve natural
oresources, conserve energy, and create jobs
f Oregon Recyclers conference,we'll mail
them to you. Call Alene at 229-6046. for the many Oregonians working in
industries dependent on a supply of used
materials for manufacturing. Recycling also
contributes to our role as one of the nation's
Sample News Release leading states in terms of environmental
awareness and natural beauty. I urge all of
Add information on local activities to this you to take advantage of the recycling
news release, then send or take it to area opportunities available locally.
newspapers, radio and TV stations..It should
arrive no later than one week before
Recycling Awareness Week begins.
Another Sample Release
Recycling Week Activities Scheduled
Activities from around the state for Officials Declare Recycling Week
Recycling Awareness Week, October 3-10, Governor Neil Goldschmidt (and your
range from free ice cream sundaes in mayor) have declared the week of October
Tillamook to recycling activites at the 3-10 Recycling Awareness Week, a week
Washington Park Zoo in Portland. In (your when all Oregonians can reaffirm their
town),(tell what is going to occur). commitment to maintaining Oregon's role as
The week calls attention to the importance a national leader in solid waste management
of recycling as a method of controlling and environmental awareness, according to
volumes of garbage. If everyone in the state Mayor(last name).
recycled and composted regularly, estimates By recycling materials rather than throwing
are that Oregon's need for landfills would be them away,we can save valuable landfill
cut in half. space, preserve our natural resources,
conserve energy and create jobs in Northwest
industries dependent on used materials in
their manufacturing process, the mayor added.
In (your town), recycling is available
(when? where? how can people get more
information?).
Raking and Recycling "How To" Coming Up
Fall means umbrellas, school busses, and Catch your breath after Recycling
falling leaves. Fall also means that it's time to Awareness Week and then plan to gather in
promote alternatives to keep yard debris out Portland the afternoon of November 19, when
of our landfills. Consider approaching your DEQ's Public Affairs department will give
local newspaper with the suggestion of an you the information you need to make
article on composting. Demonstrate how to communicating your program and activities to
compost, or how to build a compost pile, for the media easier and more effective. We'll
a TV station, a local organization, or a explain how and when to write a news release
community event. and when to have a reporter write it, how to
prepare a fact sheet, and much more. The
afternoon is free of charge. For information,
Make Mine Chocolate call Alene at 229-6046.
Tillamook County will sweeten the
recycling message on October 3,when Dairy
Awesome Audio-Visual
Queens in Garibaldi and Tillamook will give
away a free ice cream sundae, a $1.69 value, BRING Recycling's Peter Guttchen
to anyone who exchanges a bag of recyclables reports that from July '86-July '87, over 10,500
for a coupon at a centrally-located collection Lane County residents viewed BRING's
depot. (Tentative plans are for a Cloverdale multi-media slide program on recycling. To
ice cream store to participate in the see what they have seen, call Guttchen at
promotion, too.) Along with the free sundae 746-3023, or write PO Box 885, Eugene
will come a flyer with information on 97440.
recycling locally.
The county's Assistant Director of Public
Works, Gregg Hannon, started his planning Successful Horizons
well in advance--last June--and talked with
Tillamook's HEADLIGHT HERALD Milton-Freewater has a unique solid waste
newspaper and KIIL radio station early in collection system: city employees pick up
ng
Garbage and Horizon Enterprises, a training
August about media coverage. All signs are 0 .11:1
for a deliciously successful promotion. progam for the developmentally disabled,
Contact him at 842-3419, or write 503 Marolf picks up recyclables. And since the very first
Loop Drive,Tillamook 97141. month that Horizon began residential
recyclable pickup and program promotion,
residential and commercial collection has
jumped: from 3,158 lbs. (June) to 9,196 lbs.
Toot, Toot (July) and had hit 7,240 lbs.by mid-August.
Contrary to what your mother told you,
there's nothing wrong with tooting your own (please tum the page)
horn. Help DEQ cover the state--better--by
sending us your news and numbers. We don't
know what you're doing if your education and
promotion representative,your publicity
chairman, or you, don't tell us. Call Alene at
229-6046.
She purchased used five-gallon plastic
(Successful Horizons, contd.) buckets from a Salem-area fruit preserve
Margie Paulson is vocational director of company, and paid about 40 cents per bucket.
Horizon, which provides paid employment for She added handles and ordered recycling
its clients. She credits the increase to "people sticker labels, then drilled a hole in the
just getting used to it." But Paulson had bottom of each container for two reasons: to
something to do with it, too. She recorded a drain rain water, and to discourage using the
30-second radio spot which runs for five containers for anything other than
consecutive days before monthly pickup on recyclables. For more information, contact
residents' regular trash collection day. And Kanz at 390-1370, or write MVWMA, 6154
the three newspapers which cover Portland Road NE, Salem 97305.
Milton-Freewater each ran articles--and
photos--about the program.
In addition, the city sent out flyers at the Recycle Curriculum Drafts
end of June; four weeks later, Horizon sent
If you have a draft
out more flyers, these with a calendar ft of the curriculum,
showing pickup day for the coming five please recycle it. With RE:THINKING
months. For more information, contact RECYCLING now finished and in
Paulson at 938-5658, or write Horizon, PO circulation, we must make certain all drafts
Box 472, Milton-Freewater 97862. are gone; content changed significantly in the
final version. For information on curriculum
distribution, contact Marianne Fitzgerald,
Buckets of Praise 229-5060; or Alene Cordas, 229-6046; or
write them at DEQ's Portland office.
To the Salem Police Department from
Mary Kanz of Mid-Valley Waste
Management Association. Kanz says the Ba('s on the Beach
police worked with her to apprehend a
suspect caught taking recyclables that had Besides being the first state in the nation
been put out at curbside. "They upped their with a Bottle Bill and the first to require
patrols in the hardest-hit collection areas and providing the opportunity to recycle, Oregon
were extremely cooperative," she says. was also the first state to sponsor a coastal
beach cleanup, in October, 1984. This fall,
Meanwhile, Kanz continues to monitor National Beach Cleanup is scheduled from
results of a recycling container test project. September 19-October 10, and 21 out of the 23
She used Girl Scouts to distribute coastal states are participating.
doorhangers to the 1,000 Salem households
located in the test area. Initial response to Appropriately, Recycling Awareness Week
the offer of free containers was 25 percent, falls during that period. Also appropriately,
Kanz reported, and both collection volume national coordinator for this year's Beach
and participation has almost doubled from Cleanup is Judie Nielsen, now executive
what it had been before the containers were assistant at the Oregon Department of Fish
distributed. and Wildlife. Nielsen coordinated the first
cleanup. For graphics, a "How To" booklet,
and printed material on marine debris and
related issues, contact her at 229-5406, or
write PO Box 59, Portland 97207.
A Z C.Al 117-A ICJ Pl1c.7e
P.O. Box 6000
c
1381 Redwood Avenue
Grants Pass, Oregon 9751-1-7
lees 2
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EVANS VALLEY SCHOOL
8205 E EVANS CRK RD C,
ROGUE RIVER,OREGON 97537
DEAR ADMINISTRATOR;
WE AT SOUTHERN OREGON SANITATION ARE ACTIVELY INVOLVED IN
LOCAL RECYCLING, BOTH BY MANDATE AND DESIRE- IN OUR OPINION THE
KEY RECYCLING IS IN EDUCATION.
THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS DEVELOPED A
RECYCLING CURRICULUM THAT MAY BE USED IN YOUR SCHOOL -WE HAVE
ENCLOSED THE FLYER DESCRIBING THE PROGRAM.
IT IS OUR HOPE THAT YOU WOULD AVAIL YOURSELF OF THIS
MATERIAL. IF THEE IS ANY WAY IN WHICH WE COULD HELP YOU WITH
THIS, PLEASE FEEL FREE TO CALL.
SIt4CERLY YOURS
PATRICK D FAHEY
a. �k
PROCLAMATION
WHEREAS: The recycling opportunities in both Oregon' s rural areas and
cities over four thousand contribute to our role as one of the
national leaders in environmental awareness and solid waste
planning; and
WHEREAS: By recycling, Oregonians are ensuring that our unique quality of
life will continue for coming generations; and
WHEREAS: With the recycling curriculum available for use in our schools,
our children also can learn about the importance of recycling;
and
WHEREAS: The Governor would like to encourage all Oregonians to learn
about recycling and the ways in which we can improve the quality
of life for future generations of Oregonians.
NOW,
THEREFORE, I, Neil Goldschmidt, Governor of the State of Oregon, hereby
proclaim the week of October 3 through 10, 1987, as
RECYCLING AWARENESS MEEK
in Oregon and encourage all citizens to join in this observance.
IN WITNESS WHEREOF, I hereunto set my hand and
cause the Great Seal of the State of Oregon to
be affixed. Done at the Capitol in the City
of Salam and the State of Oregon, on this day,
August 10, in the Year of our Lord, One
Thousand Nine Hundred Eighty Seven.
.� -�'` �: � 'dam C-►� � ---,.'—`"
4 ;• Neil Goldschmidt, Governor
41
LGV�
SECRETARY OF STATE
AOR Afterwards Courtesy of Sanipac Oraaon Ltd.
Newsletters go to bed (jargon for to the
printer) many weeks before you read them. '
}
Thus we know the AOR conference in BendMft Starting with the basics, 32 gallon
di
the last weekend of August was a smashing 1'y galvanized cans are the best. Don't
success, as you do if you ere there. But use plastic, it cracks in cold weather.
since We don't know if you were there Did you know that overweight cans
can cause back injuries? Please limit
because we're putting this issue to bed before the :weight to so lbs.
we attend,we hope we see (saw) you there.
s Don't hide your cans. Please place
Which leads us to deadlines. In our next =: LJ them in a visible location within 75
issue,we'll print a schedule for feet of the curb that is free from f
RE:RECYCLING, including production ; overhead obstacles, hazardous �
deadlines. P footing, narrow passages and other
obstacles.
6 am is early but that's when we
Space limits us from printing Sanipac's start. Please have your cans out by L
entire can on this attention-getting then and leave it until 2:30 Pm.
colorful flyer, shown here in black. � � Please bag dust, ashes, diapers, and
and white. On heavy paper, it's cat litter, but keep dog waste out of
designed to go in a drawer near the your garbage.
telephone or hang on a wall aboveWe like dons too, but not when they
f
the garbage can. Its an example bite. Please keep your pets tied up
of how to spell out answers to the during collection time.
questions collectors hear most often, Remember, we don't work on these
says John Hire, Sanipac General Manager. days: New Year's, Memorial Day, 4th
The material is copyrighted throughof July, Labor Day, Thanksgiving and
z'u.':;c & ASS^vCi?.teR far �•anlpaC Oregon � Christmas. if your CClicCtlCPi day is r
Ltd. , and before it can be used, scheduled on or after one of these
written permission, must be obtained 1' days, we will be there one day later.
from Sanipac. You will receive your bill within the
first couple days of the month. Please
pay by the 15th of that same month.
Ia. out of townfor an
t .. 1f you plan to be o' n for
• � - . � � extended period of time, call us and
cancel your service — ycu will save
" some money.
€f We try our best, but we can crake
.mistakes. Please call us at 747-2123.
g _ so Twe can correct our error.
MORE FACTS:
T ® The cost of an additional scheduled
can is less than the cost of an extra
i
k charge.
■ Our Trash Menagerie recycling =wagon
b >
" comes by your house twice every
month on the same day as your
>M
regular pickup. And its FRER.
Ta are honored to
seer e you. } `�
!,V
i
P.G. Box 10928 Bugene, Ore 97403 "47 2121
RE:RECYCLING EDUCATION AND
PROMOTION provides resources and ideas
for effective, affordable recycling programs
developed in response to the Oregon
Recycling Opportunity Act. Published
bimonthly by the Oregon Department of
Environmental Quality Waste Reduction
Section, 811 SW 6th., Portland, Oregon.
Alene Cordas, editor.
printed on recycled pgner
DEQ
il'aste.Reduction Se-tion
811 SIV6th.
Portland. Oregon 97204
RECYCN.EW(515)
Tigard Community Development Dept.
Keith Liden
PO Box 23397
Tigard, OR 97223
METRRegialtal Forum
2000 S.W.First Avenue
Portland,OR 97201-5398
• 503/221-1646
Date Sept. 1, 1987
To City and county planners and interested persons
.61
From Mel Huie,local government coordinator
What An update and briefing on the regional solid waste management plan
When 10 a.m. —noon Tuesday, Sept. 22
Where Metropolitan Service District
2000 SW First Ave., Portland
Council chamber
See map on reverse side for parking lots.
Metro will hold a briefing for local officials, planners, citizens,haulers,recyclers and
economic development interests to review the current regional efforts to update the solid
waste management plan.
Topics for discussion will include waste reduction and recycling, solid waste facility siting,
consistency of the regional solid waste plan with local land-use plans, and regional
consensus-building on critical solid waste decisions.
Agenda 1. Overview of critical solid waste issues facing the region today.
2. The regional solid waste management planning project: a close look at the issues,
process and decision-makers.
3. Waste reduction and recycling as an integral component of the solid waste
management plan.
4. A public education and participation program to gain input from diversified interests in
solid waste management planning (including local government officials, citizens,
haulers,recyclers and economic development interests).
5. Resolving critical solid waste issues through cooperative regional consensus-building.
Speakers 1. Rich Owings, Metro, solid waste director
2. Becky Crockett, Metro,planning project manager
3. Dennis Mulvihill, Metro, waste reduction manager
4. Vickie Rocker, Metro,public affairs director
5. Robert Baldwin,planning consultant
Mail registration form to:
Mel Huie,local government coordinator
Metro
2000 SW First Ave.
Portland OR 97201-5398
-------------------------------------------
Registration Sept. 22 regional forum An update and briefing on the regional solid waste management plan.
Form
Name-- Title
Organization
Address
City State ZIP_—
Phone —
Registration
Phone------
Registration deadline is Friday, Sept. 18, 1987.
Metra location
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BLUE CROSS/
BLUE SHIELD
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$4.25 PER DAY "' $2.0 PER HOUR
$7.0 MAXIMUM
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PORTLAND CENTER
$1.50 PER HOUR /
MAXIMUM$6.0 � /
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AT THIS LOCATION
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PARKSIDE f IST T E
$1.50 PER HOUR
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Metro does not reimburse for parldng in private lots.
4
87237
s
SOLID WASTE DISPOSAL: highs.To minimize user fee increases, Shearson
PROJECT FUNDING ALTERNATIVES Lehman Brothers recommended variable-rate
Garbage. It's a sticky problem. bonds. This alternative provided a lower initial
As the recent predicament of the Islip,NY gar- interest cost and permitted conversion to
bage barge demonstrates, municipal officials face lower fixed-interest rates when rates came
a mounting dilemma. Existing landfills are run- down, saving Marion County$44 million over
ning out of space. Some require costly cleanup the life of the project.
or closure programs. Stricter EPA regulations
make it more difficult to establish new landfill LANDFILL CLOSURE
sites. In the meantime, Americans continue to AND CLEANUP PROGRAMS
produce record levels of refuse. Communities that must close and clean up
How are communities digging out from under? existing landfill sites also need to answer some
They are turning to resourceful solid waste dis- pressing questions:
posal alternatives, such as transfer stations, man- • How can work on a facility that no longer
datory recycling programs generates its own reve-
and waste to energy MUNICIPAL WASTE DISPOSAL ALTERNATIVES nue be financed?
projects. These Options Millions of tons per year What is the best way
often require innovative 200 to integrate existing
financing plans.But many iso revenue sources into
communities never have financing for systems
tackled such ambitious 100 that replace the closed
projects and are unsure 50 landfill?
of exactly how to proceed. For the City of Seattle,
Most solid waste dis- ° 1970 1984 2000 Shearson Lehman Brothers
posal projects qualify for 11 landfill 0 Recycling ■Energy Recovery served as Senior Man-
tax-exempt financing. Tax- I i aging Underwriter of
exempt bonds provide source:Franklin associates Ltd. approximately$40 million
enough money to complete in tax-exempt revenue
a project immediately, and therefore are attrac- bonds that financed the closure of two landfills
tive alternatives to pay-as-you-go or surcharge in August 1986. The bond issue also paid
savings programs. For costs that do not qualify for cleanup programs at both sites and enabled
for tax-exempt financing, taxable municipal Seattle to resolve environmental concerns
bonds are an effective financing method. there quickly.
WASTE TO ENERGY PROJECTS SOLID WASTE SYSTEM IMPROVEMENTS
Each waste disposal alternative features its Communities contemplating new transfer sta-
own set of challenges. For proposed waste to tions, new landfills or landfill expansions must
energy projects, municipalities must make some ensure that these programs are consistent with
critical decisions: plans for future projects. Currently, Shearson
• Should communities develop a publicly or Lehman Brothers serves as Financial Advisor to
privately owned facility? King County, Washington for a general obliga-
• What is the best way to obtain Industrial Devel- tion bond issue to finance the closure and
opment Bonds from the state? replacement of rural landfills.
• What is the best way to cope Funds also will be used to upgrade
with dramatic cost-per-ton SHFARSON or replace transfer stations, assist
increases during the first year of with pit reconstruction,and provide
operation? LEHNMN for a number of other projects.
• How will limitations imposed by ���
tax reform affect financing? BR�4�,�T�l COURSE OF ACTION
There are solutions to these and An American Express company Shearson Lehman Brothers'
other challenges. For example, in Public Finance bankers can help
September 1984, Marion County, you explore financing alternatives
Oregon was ready to finance its E l s for solid waste disposal projects.
550-ton-per-day facility.At the time, Contact Philip M. Chen, P.E., Sen-
interest rates were near all-time for Vice President, at(212)298-2526.
MINDS OVER MONEY.
tC 1987 Shearson Lehman Brothers Inc.
I,
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RECEIVED AH Genera,'
of the
-
April 5, 1982
Mr. Robert Jean
City Administrator
City of Tigard
P. 0. Box 23397
Tigard, Oregon 97223
Dear Bob:
Attached is the franchise between the City of Tigard and General
Telephone Company of the Northwest, Inc. The franchise has been
signed and the corporate seal affixed thereto.
Thank you very much for your cooperation in this matter.
E. D. Buffum
Tigard Division Manager
Attachment
CITYOFT11FARD
WASHINGTON COUNTY,OREGON
March 12, 1982
E. D. Buffum
Tigard Division Manager
General.Telephone Co of the Northwest Inc.
8205 S.W. Hunziker
P.O. Box 23416
Tigard, Oregon 97223
Re: General Telephone Company franchise agreement
Dear Mr. Buffum:
Enclosed are three copies of the General Telephone Company franchise
agreement along with a copy of Ordinance 82-12, which was approved
by the Tigard City Council on March 8, 1982.
After execution by the General Telephone Company, please send us a
fully executed copy for our records.
If you have any questions please feel free to call me at 639-4171.
Sincerely,
ii��97ic.t�o
Doris Hartig
Finance Director/ ty Recorder
DH:lm
Enc.
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171
CITY OF TIGARD, OREGON
ORDINANCE No. 82
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,
AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD;
AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND DECLARING AN EMERGENCY.
The ten year franchise for the communication facilities and services
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 +
day of c 1982.
Recorder - City of Tigard
j�
APPROVED: By the Mayor, this l day of rl , 1982.
Mayor - City of Tigard
1 A FRANCHISE AGREEMENT GRANTING TO GENERAL TELEPHONE COMPANY OF THE
NORTHWEST, INC. , A WASHINGTON COP.PODATIOM, IT,S SUCCESSORS AND ASSIC1S
2 THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES 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
4 THE CITY OF TIGARD, OREGON AND TO CONDUCT A GENERAL COMMUNICATION
BUSINESS WITHIN THE SAID CITY OF TIGARD, OREGON.
5
6 SECTION 1. Subject to the other terms and conditions set forth in
7 this document there is hereby granted by the City of Tigard to the General
8 Telephone Company of the Northwest, Inc. , a Washington Corporation, its
successors and assigns; subject to the development ordinances and regulation
9
of the City, the right and privilege to conduct a general communication bus-
10
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
16
other devices including, but not limited to, electronic, optical and
17
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.
24
25
Page One
I SECTION 3. Prior to the commencement of any ordinary construction,
2 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
4
Public Works of the location of such proposed construction, extension, or
5
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
8 to City's Maintenance Department for purposes of utility location. The
9 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,
11 avenues, thoroughfares and public highways for the purposes aforesaid, it
shall restore the same to good order and condition as soon as practicable
12
without unnecessary delay and failing to do so , City shall have the right
13
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 I 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-
18 soever to which it or they may be subjected in consequence of negligence of
the Grantee, or its agents or servants, in any manner arising from the right
19
and privileges hereby granted.
20
SECTION 5. The City, by its properly constituted authorities, shall
21 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
24 by the Grantee. Whenever it shall be necessary for public necessity to
25 remove any pole, underground conduit or equipment belonging to Grantee or
Page Two
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-
i stituted authorities, meet with City'-representatives and agree in writing to
4 a plan and date certain to remove such poles , underground conduit, equipment
wire or circuit, at Grantee's expense, and if the Grantee fails, neglects
5
or refuses to do so, the City, by its properly constituted authorities, may
6 remove the same at the expense of the Grantee.
7 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
10 rearrange, remove, lower or raise, its wires, cables or other plant as the
11 necessities of the case require; provided, however, that the person or
12 persons desiring to move any such buildings, machinery or other objects,
-shall pay the entire actual cost to Grantee of changing, altering, moving,
13
removing or replacing its wires, cables or other plant'so as. to permit such
14 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
17 changing, altering, moving, removing or replacing of said wires, cables or
18 other plant, except as may be occasioned through the sole negligence of
19 Grantee, Grantee shall be given not less than ninety-six (96) hours written
notice by the party desiring to move such building or other objects. Said
20
notice shall detail the route of movement of such building or other objects
21
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
23 much haste as possible and shall not be unnecessarily delayed or cause
24 Grantee unnecessary expense or waste of time.
25
Page Three
I SECTION 7. In consideration of the rights and privileges hereby
2 granted, City shall have, and Grantee hereby grants to it, the right and
privilege to suspend and maintain wires 3 es and necessary control boxes on
4 poles placed by the Grantee in the streets, and other places aforesaid, or
if such wires are placed underground, to place/maintain in the pipes or
5
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
11 agrees in consideration of the establishment of this service and the
furnishing of such facilities to hold Grantee entirely free and harmless
12
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
19 on or before March 15 of each year for the calendar year preceeding and the
first and last payments shall be for the fractional part of the calendar
20
year, during which this franchise is in effect.
21 SECTION S. 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
25 herein, and in the event that during the term hereof the Grantee shall agree
Page Four
' l
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.
4
SECTION 9. The rights, privileges and franchise hereby granted
5
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.
9 - -
10
11
12
13
14 INTRODUCED AND ADOPTED this 7—` day of ,.,SGL 1982
15
16 CITY OF TIGARD, OREGON
17
By
18 Mayor
19 ATTEST:
20
21
22 .
23 City Recorder
24
25
Page Five
I General Telephone Conpany of the Northwest, Inc. , a corporation,
2 hereby unconditionally accepts Ordinance No. 82-12 of the City of Tigard
3 and all of the terms, provisions and conditions thereof, said Ordinance
4 No. 82-12 being entitled:
5 An Ordinance granting a non-exclusive telephone utility
franchise to General Telephone Company of the Northwest,
6 Inc. , fixing-terms, conditions and compensation of such
franchise.
7
Which said Ordinance No. 82-12was passed and adopted by the Council
8
and approved by the Mayor of said City of Tigard on the 8th day of
9
March 1982.
10
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
13 President, and its corporate seal to be affixed hereto and attested by its
14 Secretary, this 29th day of March 1982.
15
16
GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC.
17
18 BVOIX-6
Vice President
19
20
ATTEST:
21
22
S cretary;-
23
24
25
Page Six
AFFIDAVIT OF PUBLICATION
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STATE OF OREGON, c a
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COUNTY OF WASHINGTON, I
ss.
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JOHN W. MARLINS
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being first duly sworn, depose and say that I am the publisher .................._._....... V co w
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of The Tigard Times, a newspaper of general circulation, as defined
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by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and U <?0.N O W ti
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state; that the legal notice, a printed copy of which is hereto annexed, was Z cc N O a e a
published in the entire issue of said newspaper for ....._...
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consecutive weeks in the following issues ... .e�]..,.1$..,..lg$2................. 40 Z a a a 0
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Subscribed and sworn to before me this .............. ••••••••-•-- day of ............ w ap d ` c�
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.................. Nota y Public of Oregon N
My commission expires .............. ' " ...... 19..
of the bJ�3:dtwv�
January 15, 1982
Mr. Robert Jean
City Administrator
City of Tigard
P. O. Box 23397 RECEIVED J,A
Tigard, Oregon 97223
Dear Mr. Jean:_
0"a 19, 19.8;, the current franchise in effect between the City
of.,Ti_gard ayl"& General Telephone Company of the Northwest, Inc. , will
expire.
Enclosed is an agreement and two (2) copies for City consideration
and approval . If I can be of any assistance or respond to any
questions you may have, please feel free to call me at 639-8454.
Very truly yours ,
16J.
D. Buffum
Tigard Division Manager
Encl . (3)
NORTHWEST NATURAL GAS COMPANY
123 N.W. FLANDERS STREET PORTLAND,OREGON 97209
(503)226-4211
RECEIVED
19R�,
May 24, 1982 C!T y Of T1GA1
Ms. Doris Hartig
City of Tigard
P.O. Box 23397
Tigard OR 97223
Dear Ms. Hartig:
Enclosed is Acceptance of Ordinance No. 82-22 in duplicate.
Please acknowledge receipt of this acceptance in the space provided
at the bottom and return a copy to me.
Thank you for your assistance in concluding this matter.
Since ly,
R.L. Hordichok, Agent
Land Department
RLH/klf
Encls.
;EPTANCE OF ORDINANCE NO. 82-2�
TO THE HONORABLE MAYOR AND CITY COUNCIL
OF THE CITY OF TIGARD, OREGON:
Northwest Natural Gas Company, a corporation, hereby unconditionally
accepts Ordinance No. 82-22 of the City of Tigard and all of the terms,
provisions, and conditions thereof, said Ordinance No. 82-22 being entitled:
AN ORDINANCE granting a non-exclusive gas utility
franchise to Northwest Natural Gas Company, fixing
terms , conditions and compensation of such franchise,
and declaring an emergency.
which said Ordinance No. 82-22 was duly passed by the Council and approved by
the Mayor of Tigard on the 10th day of May, 1982.
IN WITNESS WHEREOF said Northwest Natural Gas Company has caused
this acceptance of said Ordinance to be signed by its Vice President, and its
corporate seal to be affixed hereto and attested by its Secretary, this 24th
day of May 1982.
ATTEST: NORTHWEST NAT RAL GAS COMPANY
ASSISTANT SECRETARY en Ct:`
STATE OF OREGON )
ss.
County Of Multnomah )
On this _24th day of May 1982, personally appeared
John Van Bladeren — who, being duly sworn, did say that he is
the Vice President of Northwest Natural Gas Company and that the seal affixed
to the foregoing instrument is the corporate seal of said corporation and that
said instrument was signed and sealed in behalf of said corporation by authority
of its board of directors; and he acknowledged said instrument to be its voluntary
act and deed. Before Me:
Above acceptance received by: Notary ub�_c _o_T�_O_rj�_q�__�
My Commission Expires: 10/9/84
Title: —_ --- Date:
ell—
CITYOFTIGAM
WASHINGTON COUNTY,OREGON
t
May 19, 1982
Mr. Ron L. Hordichok, Agent
Land & Claims Department
Northwest Natural Gas Company
123 NW Flanders Street-
Portland, Oregon 97209
RE: Gas Franchise with the City of Tigard
Dear Mr. Hordichok:
The Tigard City Council, at their meeting of May 10, 1982, adopted
Ordinance No. 82-22 which extended the NW Natural Gas franchise in the
City of Tigard until March 4, 1992. Enclosed is a certified copy of
this ordinance for your files.
As you will note in Section 22 of the Ordinance, you must file with the
City your written unconditional acceptance of this franchise within
thirty (30) days which would be June 9th, 1982. The Ordinance states
that if this is not received the ordinance shall be considered void.
Please send the acceptance to my attention for proper processing.
If.you have any questions regarding this issue, please feel free to
contact this office.
Sincerely,
Doris Hart g
City Recorder
DH/pl
Enc.
P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171
STATE OF OREGON)
)ss
City of Tigard )
I , DORIS HARTIG, hereby certify that I am the duly appointed;
qualified, and acting Recorder of the City of Tigard, Oregon.
I further certify that I have compared the herewith copy of
Resolution No. B�•,zzof the City of Tigard with the original in my
possession as cusodian of the official records of the City of
Tigard, and that the herewith copy is a correct transcript of the
whole of Resolution No.
IN WITNESS WHEREOF I have hereunto set my hand and g the
e seal of
the City of Tigard this _.l7 _day of fir_ _.
City Recorder
E
i
CITY OF TIGARD, OREGON
ORDINANCE No. 82-_,Z�
AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO NORTHWEST NATURAL
GAS COMPANY, AND FIXING TERMS, CONDITIONS AND COMPENSATION OF SUCH FRANCHISE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Definitions and Explanations.
(1) As used in this ordinance:
(a) "Bridge" includes a structure erected within the City to
facilitate the crossing of a river , stream, ditch, ravine
or other place , but does not include a culvert.
(b) "City" means the City of Tigard and the area within its boundaries,
including its boundaries as extended in the future.
(c) "Council" means the legislative body of the City.
(d) "Grantee" means the corporation referred to in Section 2 of
this ordinance.
(e) "Gas Mains" includes all gas transmission and distribution facilities
located on or under any street, bridge or public place within the City.
(f) "Person" includes an individual, corporation, association, firm,
partnership and joint stock company.
(g) "Public Place" includes any City-owned park, place or grounds within
the City that is open to the public but does not include a street
or bridge.
(h) "Street" includes a street, alley, avenue , road, boulevard, thoroughfare ,
highway, or public right-of-way within the City,'but does not include a bridge.
(2) As used in this ordinance , the singular number may include the plural and the
plural number may include the singular.
(3) Unless otherwise specified in this ordinance , any action authorized or
required to be taken by the City may be taken by the Council or by an
official or agent designated by the Council.
Section 2: Rights Granted. Subject to the conditions and reservations contained
in this ordinance , the City hereby grants to NORTHWEST NATURAL GAS COMPANY, a
corporation, the right, priviledge and franchise to:
(1) Construct , maintain and operate a gas utility system within the City; and
(2) Install, maintain and operate on and under the streets and bridges and public
places of the City, facilities for the transmission and distribution of gas
to the City and its inhabitants and to other customers and territory beyond the
limits of the City; and
(3) Transmit, distribute and sell gas.
ORDI14ANCE No. 82-_Ak_
Section 3: Use of Bridges and Public Places by Grantee.
( 1) Before the Grantee may use of occupy any bridge of public place , the Grantee
shall first obtain permission from the City so to do and shall comply with
any special conditions the City desires to impose on such use or occupation.
(2) The compensation paid by the Grantee for this franchise includes compensation
for the use of bridges and public places located within the City as authorized.
Section 4: Duration. This franchise is granted for a period of ten ( 10) years
from and after the effective date of this ordinance..
Section 5: Franchise Not Exclusive. This franchise is not exclusive , and shall
not be construed as a limitation on the City in:
( 1) Granting rights, privileges and authority to other persons similar to or
different from those granted by this ordinance.
(2) Constructing, installing, maintaining or operating any City-owned public
utility.
Section 6: Public Works and Improvements Not Affected by Franchise. The City
reserves the right to:
( 1) Construction, install, maintain and operate any public improvement, work or
facility.
(2) Do any work that the City may find desirable on, over or under any street,
bridge or public place.
(3) Vacate , alter or close any street, bridge or public place.
(4) . Whenever the City shall excavate or perform any work -in any of the present
and future streets , alleys and public places of the City, or shall contract,
or issue permits , f or such excavation or work where such excavation or work
may disturb Grantee 's gas mains, pipes and appurtenances , the City shall, in
writing, notify Grantee 60 days in advance of such
contemplated excavation or work to enable Grantee to take such measures as
may be deemed necessary to protect such gas mains , pipes and appurtenances from
damage and possible inconvenience or injury to the public. In any such case , the
Grantee , upon request, shall furnish maps or drawings and specifications to
the City or contractor, as the case may be , showing the location of all its
structures in the area involved in such proposed excavation or other work.
(5) Whenever the City shall vacate any street or public place for the convenience or
benefit of any person or governmental agency and instrumentality other than the
City, Grantee's rights shall be preserved as to any of its facilities then
existing in such street or public place , unless the City Council shall determine
the public's health, safety and welfare is better served otherwise.
Section 7: Continuous Service. The Grantee shall maintain and operate an
adequate system for the distribution of gas in the City. The Grantee shall use
due diligence to maintain continuous and uninterrupted 24-hour a day service which
shall at all times conform at least to the standards common in the business and to
the standards adopted by state authorities and to standards of the City which are
not in conflict with those adopted by the state authorities. Under no circumstances
PAGE 2
ORDINANCE No. 82- ,,Z
shall the Grantee be liaole for an interruption or failuLe of service caused by
act of God, unavoidable accident or other circumstances beyond the control of the
Grantee through no fault of its own.
Section 8: Safety Standards and Work Specifications.
( 1) The facilities of the Grantee shall at all times be maintained in a safe ,
substantial and workmanlike manner.
(2) For the purpose of carrying out the provisions of this section, the City
may provide such specifications relating thereto as may be necessary or
convenient for public safety or the orderly development of the City.
The City may amend and add to such specifiations from time to time.
Section 9: Control of Construction. The Grantee shall file with the City maps,
drawings and specifications showing the location of any construction, extension
or relocation of its gas mains in the streets of the City and shall obtain from
the City approval of the location and plans prior to commencement of the work. The
City may require the Grantee to obtain a permit before commencing the construction,
extension or relocation of any of its gas mains.
Section 10: Street Excavations and Restorations.
(1) Subject to the provisions of this ordinance , the Grantee may make necessary
excavations for the purpose of constructing, installing, maintaining and
operating its facilities. Except in emergencies whereby the public health
safety and welfare is immediately endangered, prior to making an excavation
in the traveled portion of any street, bridge or public place , and, when
required by the City, in any untraveled portion of any street, bridge or. any
public place , the Grantee shall obtain from the City approval of .the proposed
excavation and of its location. In case of emergency work, Grantee shall
notify the City of said work within two (2) .working days.
(2) Except as provided in subsection (3) of this section, when any excavation is
made by the Grantee , the Grantee shall promptly restore the affected portion of
the street, bridge or public place to equal or better condition than which it was
prior to the excavation. The restoration shall be in compliance with specifiations;
requirements and regulations of the City in effect at the time of such restoration.
If the Grantee fails to restore promptly the affected portion of a street, bridge
or public place to the same condition in which it was prior to the excavation,
the City may make the restoration, and the cost thereof shall be paid by the Grantee
(3) At its option, the City may restore or resurface the affected portion .of any street_
bridge of public place excavated by the Grantee , and the cost thereof shall be
paid by the Grantee.
Section 11: Location and Relocation of Facilities.
(1) All facilities of the Grantee shall be placed so that they do not interfere
unreasonably with the use by the City and the public of the streets, bridges
and public places and in accordance with any specifications adopted by, or
deemed necessary by, the City governing the location of facilities.
(2) The City may require , in the public interest, the removal or relocation of
facilities maintained by and/or installed by the Grantee in the streets or
in any public place or bridge of the City, and the Grantee shall remove and
relocate such facilities within 60 days after receiving notice so to
do from the City. The cost of such removal or relocation of its facilities shall
be paid by the Grantee , but when such removal or relocation is required for the
PAGE 3
ORDINANCE No. 82-..L-.)—
convenience or belt—it of any persons or governmenL_t agency and instrumentality
other than the City, Grantee shall be entitled to reimbursement for the reasonable
cost thereof from such person, agency or instrumentality.
Section 12: Compensation.
( 1) As compensation for the franchise granted by this ordinance , the Grantee shall
pay to the City an amount equal to three percent (37) of the gross revenue
collected by the Grantee from its customers for gas consumed within the City.
Gross revenue shall be computed by deducting from the total billings of
the Grantee the total net writeoff of uncollectable accounts, revenues derived
from the sale of gas supplied for industrial purposes under an interruptible
tariff schedule , and sales of gas at wholesale by the Grantee to any public
utility or public agency where the public utility or public agency purchasing such
gas is not the ultimate consumer.
(2) The compensation required by this section shall accrue from and after the
effective date of this ordinance , and shall be due for each calendar half year,
or fraction thereof, within sixty (60) days after the close of such calendar
half year or fraction thereof. Within sixty (60) 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 has been paid.
(3) The Grantee shall furnish to the City with each payment of compensation required
by this section a written statement, under oath, executed by an officer of
Grantee showing the amount of gross revenue of the Grantee within the City for
the period covered by the payment computed on the basis set out in subsection (1)
of this section. This 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 fifteen (15) days from
discovery of the error or determination of the correct amount. Any overpayment
to the City through error or otherwise , shall be offset against the next
payment due from the Grantee.
(4) 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.
(5) Upon 30 days prior written notice by either party to the other, the rate of
compensation set forth in subsection (1) of this section shall be subject to
renegotiation and redetermination at the end of the first five-year period
of the term of the franchise hereby granted, for the remaining five-year period
of said franchise term.
Section 13: Books of Account and Reports. The Grantee shall keep accurate books of
account at an office in Oregon for the purpose of determining the amounts due to the
City under section 12 of this ordinance . The City may inspect the books of account at
any time during business hours and may audit the books from time to time. The Council
may require periodic reports from the Grantee relating to its operations and revenues
within the City.
Section 14 : Collection Facilities. The Grantee may maintain facilities in the City
where its customers may pay their bills for gas service during normal business hours.
PAGE 4
ORDINANCE No. 82- �_)_
Section 15: Supplying )s upon Request. The Grantee 11 maintain on file , at an
office in Oregon, maps and operational data pertaining to its operations in the City.
The City may inspect the maps and data at any time during business hours. Upon request
of the City, the Grantee shall furnish to the City, without charge and on a current basis,
maps showing the location of the gas mains of the Grantee in the City.
Section 16: Indemnification. The Grantee shall indemnify and save harmless the City
and its officers, agents and employees from any and all loss, cost and expense arising fr.r
damage to property and/or injury to or death of persons due to any wrongful or
negligent act or omission of the Grantee , its agents or employees in exercising the
rights, privileges and franchise hereby granted.
Section 17: Assignment of Franchise. This franchise shall be binding. upon and inure to
the benefit of the successors, legal representatives and assigns of the Grantee.
Section 18: Termination of Franchise for Cause. Upon the willful failure of the Grantee
after sixty (60) days notice and demand in writing, to perform promptly and completely ea.
and every term, condition or obligation imposed upon it under or pursuant to this
ordinance , the City shall initiate and undertake proceedings before a Hearings Officer
and/or the City Council to terminate this ordinance, subject to Grantee 's right to file
a writ of review.
Section 19: Permit, Permit Guarantee and Inspection Fees. Nothing in this ordinance
shall be construed to limit the right of the City to require the Grantee to pay
reasonable costs incurred by the City and to provide reasonable guarantees to the
City in connection with the issuing of a permit, making of an inspection, or performing
any other service for or in connection with the Grantee or its facilities, whether
pursuant to this ordinance or any other ordinance or resolution now in effect or
hereafter adopted by the City.
Section 20: Remedies Not Exclusive; When Requirement Waived. All remedies and penalties
under this ordinance, inc luding termination of the franchise , are cumulative , and the
recovery or enforcement of one is not a bar to the recovery or enforcement of any
other such remedy or penalty. The remedies and penalties contained in this oddinance,
including termination of the franchise , are not exclusive and the City reserves the right
to enforce the penal provisions of any ordinance or resolution and to avail itself of any
and all remedies available at law or in equity. Failure to enforce shall not be construe
as a waiver of a breach of any term, condition or obligation imposed upon the Grantee
by or pursuant to this ordinance. A specific waiver of a particular breach of any term,
condition or obligation imposed upon the Grantee by or pursuant to this ordinance shall
not be a waiver of any other or subsequent or future breach of the same or of any
other term, condition or obligation, or as a waiver of the term, condition or
obligation itself.
Section 21: When Effective. It is hereby declared that an emergency exists and that
it is necessary 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 gas service , insure public revenues , and authorize
the proper use of public property iwthin the City, and this ordinance shall be in full
force and effect upon its passage by the Council and approval by the Mayor. This
ordinance is effective from and after the 4th day of March, 1982.
PAGE 5
ORDINANCE No. 82-_,)
Section 22: Acceptance. The Grantee shall, within thirty (30) days from this
//2-P -day of Lt �, . , 1982, file with the City its written unconditional
acceptance of thi franchise, and if the Grantee fails so to do, this ordinance
shall be void.
PASSED: By vote of all Council members present, afte.r being
read two times by number and title only this /G-7k--day of _._ w� , 1982.
Recorder - City of Tig
APPROVED: By the Mayor, this day of a , 1982.
t�
Mayor - City of Tigard
PAGE 6
ORDINANCE No. 82- �.,�
NORTHWEST NATURAL GAS COMPANY
MEMORANDUM
IN SUPPORT OF FRANCHISE APPLICATION
Northwest Natural Gas Company (Northwest) has been requested by your City
Manager to address three questions as part of the Application for the renewal of
its franchise to provide natural gas service within the City of Tigard.
Addressing these questions became necessary because of the recent U. S. Supreme
Court decision in Community Communications Co. v City of Boulder, Colorado,
U. S. (1982).
In the Boulder case, the Court held that the City is subject to the
"antitrust laws" in the exercise of its governmental as well as its proprietary
authority. The Court also held that the exemption the States have from the
"antitrust laws" is only available to cities when the exercise of their authority
"constitutes the action of the state. . . .itself in its
sovereign capacity . . . . , or unless it constitutes municipal
action in furtherance or implementation of clearly articulated
and sufficiently expressed state policy. . . ." Id, at
The questions your City Manager request Northwest to address are the
following:
I. Is the City of Tigard's authority to grant utility franchises
subject to the "antitrust laws"?
II. Is the granting of a nonexclusive franchise to Northwest in
violation of the "antitrust laws"?
III. Is the granting of a nonexclusive franchise to Northwest in the
public interest?
I.
The City of Tigard's authority to grant utility franchises exists under
the provisions of ORS 221.420. Pursuant to this section, a city has full
discretion in determining the quality and character of each kind of product or
service to be furnished or rendered by any public utility within its boundary.
It also has the authority to exclude or eject any public utility from such opera-
tions. There is no statutory limitation on the exercise of this authority.
Such discretion was addressed by the Court in the Boulder case. In that
instance, the City argued that its authority as a "home rule" municipality with
extensive powers of self-government in local and municipal affairs comes within
the purview of the "state action" exemption since it reflects Colorado's policy
of local autonomy. The Court concluded that Colorado's policy of neutrality on
matters of local affairs reflected the lack of any "clearly articulated and
affirmatively expressed state policy;" and therefore failed to rise to the level
of state control necessary to qualify for the "state action" exemption.
Comparing the City's franchise authority with the circumstances outlined
in the Boulder case strongly indicate that the "state action" exemption would not
be available to the City.
II.
The consequence of granting a nonexclusive franchise to Northwest would
be the interference with another company's ability to provide like natural gas
service within the City of Tigard. Expenditures for facilities necessary to pro-
vide competitive service could be so great as to block any competition.
2 -
1 ,
Whether this potential result is a violation of the "antitrust laws" has
been addressed by the State of Oregon. Such attention of the State to the
resultant effect of granting a franchise appear to reflect the level of state
control necessary to bring into play the "state action" exemption.
The State passed legislation establishing a policy that eliminates and
prevents the duplication of utilities' facilities. ORS 758.400 to 758.475.
ORS 458.405 states the policy as follows:
"The elimination and future prevention of duplication of
utility facilities is a matter of state-wide concern;
and in order to promote the efficient and economic use
and development and the safety of operation of utility
services while providing adequate and reasonable service
to all territories and customers affected thereby, it is
necessary to regulate in the manner provided in ORS
758.400 to 758.475 all persons and entities providing
utility services."
Under the provisions of these statues, the Oregon Public Utility
Commissioner is charged with the responsibility of allocating territories and
customers to individual utilities. Such allocation eliminates existing and pre-
vents future duplication of utility facilities.
As a result of the State's action regarding competitive utility service,
the granting by the City of a nonexlusive franchise to Northwest appears not to
violate the "antitrust laws."
III.
The public interest is a combination of the needs of the public and the
method for satisfying those needs.
- 3 -
� 1
The continued availability of natural gas service to the people of Tigard
is a recognized need. A full range of energy resources provide a choice to the
people and it allows them the opportunity to use the most efficient resource for
their various energy requirements. Natural gas meets this requement with respect
to spaceheating, waterheating and cooking.
Competition, as a rule, is the recognized method of satisfying the needs
of the public. An exception to the rules exists with respect to utility service.
This exception imposes regulation in lieu of competition. Utility service in
Oregon is under the control of the Oregon Public Utility Commissioner and the
individual cities in which the utilities operate. Rates, service and territories
for providing such service fall within the purview of these regulatory authori-
ties. The City of Tigard exercises its regulatory authority through the granting
of franchises for utility service.
The granting of a nonexclusive franchise to Northwest to provide natural
gas service is the method necessary to satisfy the needs of the people of Tigard
and therefore is in the public interest.
- 4 -
f PORTLAND GENERAL ELECTRIC COMPANY
YAMHILL DIVISION
700 First Street
Newberg, Oregon 97132
November 17, 1972
Mr. Steve Telfer, Administrator
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
Dear Steve:
A review to determine the proper administration of the Franchise
Ordinance #72-55 passed by the Tigard City Council October 9, 1972, and
accepted by this Company October 26, 1972, brings out several points which
I would like to clear with you.
The franchise establishes a fee of 3k7. of defined gross revenue as
of April 1, 1972, and I am therefore enclosing a check for $1,135.24 which
represents the additional 'k7. for the months of April, May and June, 1972 (3%
for these months was included in our voucher #58890 date3-7u1y`Z0;_1972)_-
The manner and timing for the second half 1972 payment is not exactly
defined, and this raises a possible question of intention beeause of the
effective date of the new ordinance. Am I correct in assuming that you expect
this payment after the half year as we have been doing, except the rate will
be 3k7. instead of 37.? This seems to us to be the most favorable to the city,
and is satisfactory with the Company.
The new agreement establishes (Section 10 d) that as of 1973 and there-
after payment for the year shall be made on or before April 1 of the year in
question. In other words, the Company will change over from a payment after to
payment before the year is completed. If for your budget reasons you would
prefer to have this payment divided, this can probably be arranged although the
single payment in March is easier for us. Please consider that you have an
option on this and let me know how you would like to handle it.
The review also disclosed what appears to be a typographical omission
which was overlooked before, near the end of Section 10 (b) on page 3. In order
to make proper sense the words, "when the public utility" should be inserted
between the words "utility" and "purchasing" in the fifth line from the end of
the section. If you agree, we will just write these words on our copy.
May I hear from you on these points?
yours,
Pete Perrine
Tigard District Manager
\ cc: A.Fragall
M.Dunston
��h►
RECEWED
Portland General Electric Company + N1 A° - 3 1975
CITY OF TIGARO
WESTERN DIVISION
14655 SW OLD SCHOLLS FERRY ROAD
BEAVERTON,OREGON 97005
643-5454
February 26, 1975
Mr. Wilbur Bishop, Mayor
City of Tigard
P. O. Box 23557
Tigard, OR 97223
Dear Mr. Bishop:
I recently saw Bruce Clark at the City Hall and he mentioned you had
expressed interes-c in undergrounding overhead power lines, particularly along
the route of Pacific Highway as it passes through the City.
You are probably aware that when new residential subdivisions and
apartment complexes are established, our distribution systems are almost
always placed underground. King City is a prime example. This has been
going on for several years, and it's not too difficult to accomplish as the
areas are new and rarely have any developed overhead distribution.
I appreciate your desire for seeking improved appearances in the
City and commend you for it. However on conversions it is a much more
complicated and costly matter. About three years or so back the Tigard
City Council expressed the same idea and inquired about practicability
of converting the existing line which carries both transmission and distri-
bution voltages plus the service laterals from overhead to underground. A
meeting was held with the Council and the determination was made that
proceeding with such a program was just too vast an undertaking. A basic
estimate at this time reveals a cost in the neighborhood of $175. 00 per foot.
One 300' span would amount to $52, 500. 00 and a factor that would add to the
$175. 00 per foot estimate is the customer's expense of converting his internal
and external wiring to accommodate an underground connect. Most all of
the businesses and residences along the highway presently have overhead
services.
It would be necessary that the City provide us with trenches for our
underground conductor. During the conversion work the Company would have
i
Mr. Wilbur Bishop, Mayor
February 26, 1975
Page 2
the problem of providing continuity of service. Some commercial customers
would also have to change their service from 120/240, 3 0, 4-wire Delta
to another voltage and alter their equipment due to the possibility of trans-
former resonance problems in larger amperage panels.
F riefly that is the situation. If the costs sound monumental to you
you're right, they are. I do want you aware however that as a Company we
wish to cooperate with the City in the development of the City's growth aims,
within the context of practical applications.
CVer /;truly)ours,
Pete Perrine
Marketing Department
tm
C: Messrs: Bruce Clark, Administrator
Don Shattuck, Division Manager, Western Division, P. G. E. Co.
December 7 , 1972
Pete Perr. ine
Tigard District Manager
Portland General Electric Company
12259 S. W. Main Street
Tigard, Oregon 97223
Dear Pete:
Your letter of November 17th raises a possible question of the
City ' s intention about the payment dates of compensation in our
recently adopted revised franchise ordinance. Ploase refer to
section 10 (b) . As I read this section, we are not askinq
Portland General Electric to pay the 3h% fee based on projected
revenue as was possibly interpreted by your letter. Subsection
(b) in part states . . . an annual fee of three and one half
percent (V%) of the gross revenue as defined herein for the
immediately preceeding calendar year.
As we have previously discussed, the City would greatly appreciate
the T3aympnts being made on a semi-annual basis in order to help
our cash flow problems that cecur near the end of the summer. To
accomplish this I would propose an amendment to section 10 (d) that
should read as follows :
that on or before the 1st day of March and September
respectively, and on or before said clays of each year
thereafter during the term of this franchise, the Company
shall file with the City a statement under oath
showing the amount of gross revenue of the Company
within the City on the basis outlined in paragraph (b)
hereof for the half calendar year immediately preceeding
the date on which the statement is filed. The semi-
annual franchise fee for the period in which the
statement is filed shall be computed on the gross
revenue so reported. Such franchise fee shall be
payable semi-annually on or before the 1st day of
April or October respectively, beginning in the
year 1973. Upon receipt of such semi-annual payment,
the City (shall issue its receipt therefore which
shall be full acq,uitance of the Company for the payment
the remainder of the section can remain as it ex eta.
b
f.'
Pete Perrino -2- December 7, 1972
As pointed out in your letter, section 10 subsection (b) also
needs a correction to avoid misinterpretation due to a typographical
exclusion. The words "when the public utility" should be inserted
between the words "utility" and "purchasing" in the fifth line
from the end of the section.
it the Company concures with these amendments, please have the
appropriate officials sign in the space indicated below and return
all copies to this office. I will proceed to have the appropriate
City officials sign c:, behalf of the City and return a copy to
you for your files.
Thank you for your fine cooperation on the revised franchise.
Sincerely,
Stephen M. -Telfer
City AdmiTilstrator
sm,f . In
Pi:JRT I .NU "YE:NERAL ELECTRIC CITY OF TIGARD
' 2,1
-A�Es....l lam. ' l �� ' - • / .
r"`sit. V �,Pres.ider•t Mayor
Ass:. Secrrztary
Recorder.
-,t ejf
ACCEPTANCE OF FRANCHISE
WHEREAS, The City of Tigard OREGON, under date
October 9, 1972 , passed CRDINANCE NO. 72-55 , entitled as
follows, to wit:
AN ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC COMPANY,
AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A
PERIOD OF TWCti 1'," (20) YEARS FROM AND AFTER THE EFFECTIVE DATE
OF THIS ORDINANCE, THE RIGHT AND PRIVILEGE TO ERECT, CONSTRUCT,
t,AINTAIN AND OPERATE WITHIN THE CORPORATE LIMITS OF TIGARD,
OREGON, AS SUCH LIMITS NOW EXIST OR MAY BE HEREAFTER CONSTI-
TUTED, AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE POLES,
WIRES, FIXTURES, UNDERGROUND CIRCUITS AND EQUIPMENT NECESSARY
CR CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS THEREOF
AND OTHERS WITH ELECTRIC ENERGY FOR LIGHT, POWER AND OTHER
PURPOSES, UPON, OVER, ALONG, UNDER AND ACROSS THE STREETS,
ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE
CORPORATE LIMITS OF SAID CITY; FIXING THE TERMS AND CONDITIONS
THEREOF; PROVIDING FOR AN EFFECTIVE DATE AND PRESCRIBING FCR
THE REPEAL OF ORDINANCE No. 62-5 AS OF THE EFFECTIVE DATE HEREOF,
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, the undersigned, Portland General Electric Company,
the grantee named in said Ordinance, does for itself and its successors and assigns
accept the terms, conditions and provisions of Ordinance No. 72-55 and agrees
to be bound thereby and comply therewith.
IN WITNESS WHEREOF, the Portland General Electric Company has
caused this instrument to be executed by its officers as below subscribed this 26th
day of October 1972.
PORTLAND GENERAL ELECTRIC COMPANY
By
sat. Vice-President
Attest: j?
A__a
I certify that this is a true copy of the original
"ACCEPTANCE OF FRANCHISE" which has been duly filed
in the Recorder's Office of the CITY OF TIGARD
on the 34t1k day bf Octobe 1972.
A 7/e
Recorder, C ty of Tigard
CITY OF TIGARD, OREGON
ORDINANCE No.72-_1:s'
AN ORDINANCE GRANTING PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY (20)
YEARS FROM AND AFTER THE EFFECTIVE DATE OF THIS ORDINANCE, THE RIGHT
AND PRIVILEGE TO ERECT, CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE
CORPORATE LIMITS OF TIGARD, OREGON, AS SUCH LIMITS NOW EXIST OR MAY
BE HEREAFTER CONSTITUTED, AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE
POLES , WIRES , FIXTURES, UNDERGROUND CIRCUITS AND EQUIPMENT NECESSARY
OR CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS THEREOF AND
OTHERS WITH ELECTRIC ENERGY FOR LIGHT, POWER AND OTHER PURPOSES, UPON,
OVER, ALONG , UNDER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER
PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY;
FIXING THE TERMS AND CONDITICNS THEREOF; PROVIDING FOR AN EFFECTIVE
DATE AND PRESCRIBING FOR THE REPEAL OF ORDINANCE No . 62-5 AS OF THE
EFFECTIVE DATE HEREOF AND DECLARING AN EMERGENCY .
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
Section 1 : That Portland General Electric Company , an Oregon Corpora-
tion , hereinafter sometimes referred to as the "Company ,
is hereby granted$ subject to the terms and conditions hereof, the
franchise right and privilege to erect , construct , maintain and oper-
ate an electric light and power system -.-rithin the corporate limits of
Tigard, Oregon, herein sometimes referred to as the "Cite" 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 supolying the City and the inhabitants thereof and
other persons and territory with electr1e energy for light , power and
other purposes , upon, over, along, under and across tY,e streets ,
alleys , roads and other public ways and places within the corporate
limits of the City as the same now are or may he hereafter constituted .
All poles , wires , t'ixtures , equipment , underground circuits and
other property awned or in the possession, of the Company now located
within the Corporate limits of the City shah be deemed to be covered
by the terms of this ordinance and to be located in accordance there-
with , and the location and placement thereof is hereby approved.
The City reserves the right to vacate , alter, or close any street ,
tridge or public ( lace .
Section 2 : That all rights and privileges hereby w.ranted shall be
effect ' a as of April 1 , 197," , and Shall terminate at
the expiration of twenty ( 20) years from sa' 9 date unless sooner
terminated as provided in this ordinance , ex ^ept that at any time
after the expiration of the first 10-year interval hereof, the City
shall have the right to renegotiate the franchise fee payable by the
Company . The franc��ise fee so renegotiated shall be effective on
January 1 of the calendar year next following the year in which the
City notifies the Company in writing, that the City is exercising its
right to renegotiate the franchise fee . If the parties cannot agree
with respect to such matter, then the matter shall be submitted to
arbitration as provided in ORS Chapter 33 , or an,.1 act amendatory
thereto . The City s:^.all , in any event , at its Option be entitled to
receive i franchise fee after the expiration of the first 10-year
interval hereof, computed at the then highest percentage rate of gross
revenue as defined herein, being used to c -)mpute the franchise fee
paid by the Company to any other municipality in the State of Oregon.
Ordinance No. 72-
In the event the Company shUll fail, oegl'ect 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 rights and privileges herein
granted may be terminated and annulled by the Council or legislative
body of the City, and the Company shall forfeit all rights and
privileges hereby granted.
Section 3: That the Company shall, if requested so to do, file with
the City Engineer, or other City official designated by
the City, maps, or sketches showing any proposed construction work to
be done by the Company within the corporate limits of the City, 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: That the Company, under the direction of the City or
its properly constitued authorities, may make all
necessary excavations in any street, alley, road or other public way
or place for the purpose of erecting, constructing, repairing,
maintaining, removing and relocating poles and other supports for
its wire, conduits and pipes, and for placing, maintaining and
operating its wires and conductors. All poles of the Company shall be
erected at the outside edge of the sidewalk unless otherwise directed
by the proper City authorities.
Section 5: That when any excavation' shall be made pursuant to the
provisions of this ordinance, the Company shall restoee
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 highway, may be filled in and the surface replaced by the City,
and the cost therefor, including inspection and supervision, shall
be paid by the Company, and the City may require the prior deposit
with the City Treasurer of a sum estimated to by 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,
shall have the right to cause the Company to move the
location of any pole whenever the relocation thereof shall be for
public necessity, and the expense thereof shall be paid by the Company.
Section 7 : 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
electric light and power 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 light, wire, or
circuit of the Company shall be stretched or fastened, the Company shall
upon ten (10) days' written notice from the City, or its properly
constituted authorities, remove such pole, underground conduit, equip-
ment, light, 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.
Page 2 Ordinance No.
�r.r
`A.
-LTi"?
y
a
Section 9: Whenever it becomes necessary to temporarily rearrange,
remove, lower or raise the eriai cables or wires or
other apparatus of the grantee to permit the passage of any building,
machinery or other object, the said grantee will perform such re-
arrangement on seven (7 ) days' written notice from the person or
persons desiring to move said building, machinery or other objects.
Said notice shall bear the approval of such official as the Council may
designate, shall detail the route of movement of the building, machinery
or other objects, shall provide that the costs incurred by the grantee
in making such rearrangements of its serial plant will be borne by the
person or persons giving said notice and shall further provide that
person or persons giving said notice will indemnify and save said
grantee harmless of and from any and all damages or claims of whatso-
ever kind or nature caused directly or indirectly from such temporary
arrangement of the serial plant of the grantee, and, if required by
grantee, shall be accompanied by a cash deposit or a good and
sufficient bond to pay any and all such costs as estimated by grantee.
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 Portland General Electric Company shall, within
thirty (30) days from the date of this ordinance, file with the City
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, then this ordinance
shall become wholly void, inoperative and of no effect. .
(b) That in consideration of the rights and privileges herein
granted, the Company shall pay to the City a franchise fee of 3;96
of the gross revenue for the period from April- 1, 1972 to December
31, 1972, both days inclusive and for each full calendar year during
the life of this franchise beginning with the year 1973, an annual fee
of three and one-half per cent (A%) of the gross revenue as defined
herein for the immediately preceding calendar year. The franchise
fee for any part of a calendar year shall be determined by pro-rating
the annual fee determined as hereinabove set forth.
Gross revenue as used in this ordinance shall be deemed to
include any revenue earned within the City from the sale of electric
energy after adjustment for the net write-off of uncollectible accounts
computed on the average annual rate for the entire Company and excluding
sales of electric energy to large industrial customers with nominal
demands of 3, 000 kw or greater and also excluding sales of electric
energy sold by the Company to any public utility purchasing such electric
energy is not the ultimate consumer. A public utility as defined herein
is any indi-vidual, partnership, cooperative, corporation or government
agency buying electric energy and distributing such electric energy
to those utilizing such service.
(c) That in consideration of the agreement of the Company 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 provision shall not exempt
the property of the Company from lawful ad valorem taxes.
(d) That on or before the first day of March, 1973, and on or
before said day of each year thereafter during the term of this franchise,
the Company shall file with the City a statement under oath showing
the amount of gross revenue of the Company within the City on the basis
Page 3 - Ordinance No. 72-
is
lY"�;,
outlined in paragraph (b) hereof fdk' the calendar year immediately
preceding the year in which the statement is filed. The annual
franchise fee for the year in which the statement is filed shall be
computed on the gross revenue so reported.' Such franchise fee shall
be payable annually on or before the first day of April, beginning in
the year 1973. Upon receipt of such annual payment the City shall
issue its receipt therefor, which shall be full acquittance of the
Company for the payment. if controversy arises as to the amount of
gross renveue within the meaning of this ordinance, the amount of such
gross revenue as determined by the Public Utilities Commissioner of
Oregon after examination of the Company' s records shall be deemed the
correct amount. Any difference of payment due either the City of the
Company, through error or otherwise, shall be payable within fifteen
(15) days Of discovery of such error. Should the Company fail or
neglect to pay any of said annual payments provided for in this Section
for thirty (30) days after any annual payment shall become due and
payable and after thirty (30) days' written notice from the City, the
City, by its properly constituted authority, may at its option either
continue this franchise in force and/or proceed by suit or action to F
collect said payment or deolar a forfeiture of this franchise because
of the failure to make such payment but without waiving the right to
collect earned franchise payments.
(e) That the City reserves the right to cancel this franchise
at any time upon one year ' s written notice to the Company in the
event that the City decides to engage in public ownership of light and
power facilities and the public distribution of electric energy.
(f) That the Company shall permit the City to string wires on
poles of the Company for municipal fire, police and water departments,
and for municipal telephone, telegraph and traffic signal systems
and to attach any pole, city fire alarm. and police signals, provided
that such wires and signals shall be strung so as to interfere as little
as possible with the wires of the Company and to conform to the provision
of the National Electrical Safety Code, and further, that the City shall
indemnify and hold the Company harmless from loss or damage resulting
from damage to property or injury or death to the City employees or
the public arising from or connected with the use of said poles by the
City.
(g) 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 be binding upon the successors and assigns of the Company, and
whenever the Cortland General Electric Company shall be mentioned in
this ordinance, it shall be understood to include such successors and
assigns in interest of the Porland General Electric Company as shall
have been so consented to by the Council of the City.
(h) That the Company shall render the service hereby authorized
to be supplied upon equal terms without unjust discrimination or undue
preference to any users within the City.
Section 11: That the rates to be charged by the Company for electric
energy shall be such as may be fixed and/or approved by
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 thereof 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.
Page 4 - Ordinance No. 72-_ha
�ST,f, u ry
• • � (. .. .y.^fid• {.A�?,� '..rK1,'K,. ,�' 'v , .' K-�., s.'.. 3
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Section 13: That the franchise hereby granted supplements the Public
Utility Commissioner 's order of January 21, 1963, under
Chapter 757, Oregon Revised Statutes.
Section 14: That all rights, authority and grants herein contained
or conferred are also conditioned upon the understanding
and agreement that these privileges in streets, alleys, roads and
other public ways and places of the City are not to operate in any way
so as to be an enhancement of the Company ' s properties or values or
to be an asset or item of ownership in any appraisal thereof.
Section 15 : The grantee shall maintain facilities in the City where
its customers may pay their bills for electric service
during normal business hours.
Section 16: The City reserves the right to exercise, with regard to
this franchise and the grantee, all authority now or
hereafter granted to the City by state statutes. This franchise is
granted subject to all the City' s police powers.
Section 17: Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard that the
additional revenues estimated to result herefrom be accruing in the
City' s treasury to defray maintenance and operation costs of the City,
an emergency is hereby declared to exist and this ordinance shall be
effective on April 1, 1972, provided that in the event acceptance
of this franchise by the Company is not given to the City on or
prior to April 1, 1972, this ordinance shall become effective on
such date thereafter as acceptance by the Company of the franchise
hereby granted is communicated to the City.
Section 18: Effective with the effective date of this ordinance,
Ordinance No. 62-5 adopted by the Council on February
12, 1962 shall be superseded hereby and shall have no further force
and effect thereafter, except as to any revenues accruing thereunder
not previously paid to the City by the Company.
PASSED: By unanimous vote of all Council members present, after
being read three times by title and number only, this
9th day of October 19 72 .
Ci _Recorder' - Cit of Tigard
APPROVED: By the Mayor, this 9th day of October 19 72
Mayor�y of Tigard
Page 5 - Ordinance No. 72-.;,
Y-u
CITY OF TIGARD, OREGON
r
ORDINANCE NO. 72 _
.r
AN ORDINANCE REPEALING ORDINANCE No. 72-.19, ADOPTED BY THE CITY
COUNCIL ON MARCH 13,1972, INCREASING THE COMPENSATION TO BE PAID
BY PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON CORPORATION, FOR
FRANCHISE PRIVILEGES, PRESCRIBING AN EFFECTIVE DATE AND DECLARING
AN EMERGENCY
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
Section 1: That Ordinance No. 72-19 adopted by the City Council
on March 13, 1972, prescribing an increase in compensa-
tion to be paid by Portland General Electric Company, an Oregon
corporation, to the City for franchise privileges, be and the
same is hereby repealed for the reason that the said amendment by
its terms required acceptance thereof by Portland General Electric
Company and such acceptance has not been forthcoming.
Section 2: That inasmuch as it is necessary for the peace, health,
and safety of the people of the City of Tigard, that
the ordinances of the City currently reflect the fact with respect
to compensation,an emergency is hereby declared, and this ordinance
shall become effective upon its passage by the Council and approval
by the Mayor.
PASSED: By unanimous vote of all Council members -present,
after being read three times by title and number
only this 9th day of October , 1972 .
Recorder - City of Tionlrd
17
APPROVED: By the Mayor, this 9tb. day of October 1972•
sy - y o Tigard
Page 1 - Ordinance No. 72- .r-.-- ---
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i
TIGARD CITY COUNCIL
REGULAR MEETING OCTOBER 9, 1972, 7:30 P.M.
1. ROLL CALLS Presents Mayor Daniel L. Larsen- Councilmen Floyd H.
Bergmann, Robert C. Moore, Charles L. Norton; Council-
woman Carolyn J. Paisley; Stephen M. Telfer, City
Administrator; Fred A. Anderson, City Attorney-
Nick Hiebert, Acting Director of Public Works-
Ray Rangila, City Planner- Doris Hartig, City Recorder,
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES, September 25, 28, 1972
(a) Approved as submitted
4. WRITTEN COMMUNICATIONS
(a) None
5. APPROVAL OF BILLS $53,828.58
(a) Motion to apr-r ove: Councilman Moore, seconded by
Councilwoman Paisley.
Approved by unanimous vote of Council
6. MONTHLY REPORTS
(a) Motion to approve: Councilman Bergmann, seconded by
Councilman Moore.
Approved by unanimous vote of Council,
7. ORDINANCE No. 72-54 AN ORDINANCE REPEALING ORDINANCE No.
72-19 ADOPTED BY THE CITY COUNCIL ON
MARCH 13, 1972, INCREASING THE COMPENSATION
TO BE PAID BY PORTLAND GENERAL ELECTRIC
COMPANY, AN OREGON CORPORATION, FOR
FRANCHISE PRIVILEGES PRESCRIBING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Motion to adopt: Councilwoman Paisley, seconded by Council-
man Bergmann.
Approved by unanimous vote of Council.
8. ORDINANCE No. 72-55 AN ORDINANCE GRANTING PORTLAND GENERAL
ELECTRIC COMPANY, AN OREGON CORPORATION,
ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD
OF TWENTY (20) YEARS FROM AND AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE, THE
RIGHT AND PRIVILEGE TO ERECT, CONSTRUCT,
MAINTAIN AND OPERATE WITHIN THE CORPORATE
LIMITS OF TIGARD, OREGON, AS SUCH LIMITS
NOW EXIST OR MAY BE HEREAFTER CONSTITUTED,
AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE
POLES, WIRES, FIXTURES, UNDERGROUND CIRCUITS,
AND EQUIPMENT NECESSARY OR CONVENIENT TO
SUPPLY SAID CITY AND THE LNHABITANTS
THEREOF AND OTHERS WITH ELECTRIC ENERGY
FOR LIGHT, POWER AND OTHER PURPOSES, UPON,
OVER, ALONG, UNDER AND ACROSS THE STREETS,
ALLEYS, ROADS AND OTHER PUBLIC WAYS AND
PLACES WITHIN THE CORPORATE LIMITS OF SAID
CITY- FIXING THE TERMS AND CONDITIONS
THEREOF9, PROVIDING FOR AN EFFECTIVE DATE
AND PRESCRIBING FOR THE REPEAL OF ORDINANCE
No. 62-5 AS OF THE EFFECTIVE DATE HEREOF,
AND DECLARING AN EMERGENCY.
(a) Motion to adopt: Councilman Moore, seconded by
Councilman Norton.
Approved by unanimous vote of Council.
9. ORDINANCE -?7 . Y2-56 AN ORDINANCE AMENDING SECTION 1 AND 2 OF
ORDINANCE Noo 72-45 (which amended Ordinance
No. 72-3 and 71-38) , BY EXTENDING THE PERIOD
DURING WHICH THE TEMPORARY MORATORIUM FOR
TI%E ISSUANCE OF BUILDING PERMITS SHALL
REMAIN IN EFFECTP PRESCRIBING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY,
(a) Mr. Nick Bunick of Columbia Custom Homes stated continuance
of the moratorium was creating a hardship on the Viewmount
development and asked Council consideration regarding
occupancy of the homes.
(b) Motion to adopt: Councilwoman Paisley, seconded by
Councilman Bergmann.
Approved by unanimous vote of Council.
(c) Motion by Councilman Norton to hold special Council
meeting Thursday, 7:30 P.M. , October 12, 1972 at City
Administrator's office, to consider hardships created
by the Gaarde Street moratoriums motion seconded by
Councilman Bergmann.
Approved by unanimous vote of Council.
10. ORDINANCE No. 72-57 AN ORDINANCE GRANTING TO PACIFIC NORTHWEST
BELL, 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 THE TRANSMISSION OF ELECTRICITY FOR
TELEPHONE PURPOSES, IN, UPON, UNDER, OVER
AND ACROSS THE STRLETS, 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, FIXING THE TERMS AND
CONDITIONS THEREOF AND PROVIDING FOR THE
TERM AND EFFECTIVE DATE THEREOF.
(a) Motion to adopt: Councilman Bergmann, seconded by
Councilman Moore.
Approved by unanimous vote of Council.
11. ORDINANCE No. 7258 AN ORDINANCE AMENDING ORDINANCE No. 70-32
"CITY OF TIGARD ZONING ORDINANCE OF 19708
AS HERETOFORE AMENDED, CHANGING THE ZONING
MAP OF THE CITY OF TIGARD, AND THE ZONING
CLASSIFICATION OF A DESIGNATED AREA FROM
PAGE 2 - COUNCIL MINUTES - OCTOBER 9, 1972
REGULAR MEETING MINUTES – October 21. 1985, 1985 – 7;00 P.M.
1. 1 ROLL CALL: Present: President, Tom Brian; Councilors: Phil Edin,
Jerry Edwards, and Ima Scutt; City Staff: Bill Monahan,
Community Development Director; Tim Ramis, Legal Counsel;
and Jerri Wi6ner, Finance Director.
1.8 CALL TO STAFF AND COUNCIL FOR NON–AGENDA ITEMS
There were no non–agenda items. However, Councilor Edwards updated the
Council on his progress with 911 . Councilor Scott reported a parking
lot problem to Bill Monahan.
2. VISITORS AGENDA—Volunteer of the Year, Howard Williams was awarded a
framed picture of the Windmill in honor of his volunteer efforts .
3 . TMC/CODE HOUSEKEEPING RATIFICATION – ORDINANCE NO. 85-41
Councilor Scott moved to pass this ordinance. Councilor Edin seconded.
Approved by unanimous vote of Council present.
4. ORDINANCE NO. 85,-39 AN ORDINANCE AMENDING SECTIONS 18.42.020(u)(6)'
18.68.040, 18.70.030^ 18.72.030 and 18. 130. 160 OF THE COMMUNITY
DEVELOPMENT CODE AND DECLARING AN EMERGENCY. (Z0A 6-85)
Tom Brian declined to take any action on this ordinance. Phil Edin
moved to pass this ordinance. Jerry Edwards seconded. Before the vote
was taken on the motion' a ruling was asked about the validity of the
unanimous vote on the first reading. Tim Ramis, City Attorney' stated
that the first reading of the ordinance was all that was needed. The
motion was not acted upon.
S. CABLE TV RENEGOTIATIONS REPORT – RESOLUTION NO. 85-84 `
Bill Tierney from MACC reported on the negotiation process with Storer
Metro indicating three major changes to the current agreement in regard
to delivery of service, rate fees to public institutions and service
areas . Councilor Edin moved to adopt the resolution. Councilor Scott
seconded. Approved by unanimous vote of Council present.
6. CIVIC CENTER PROJECT REPORT
The Civic Center committee reported their concerns regarding the
construction of the new Civic Center; framing lumber used, bulge in the
library, gradings, courtyard canopy etc. After discussion about the
role of the staff, inspectors and the architect' President Brian
suggested that any concern with the construction progress be directed to
Joy Martin, who would then contact the architect.
7. HALL BLVD. – 8URNHAM LID #86-01 DISCUSSION
Councilor Edwards moved to adopt the si*[f proposal of 50 ft. curb to
curb standard with 60 ft. minimum right of way . Councilor Scott
seconded . Vote: 3 yes, 0 no and 1 abstention.
8 . CAPITA(- PROJECT/LID REPORT
The Council discussed the capital projects report with staff. On
Greenhurg/Tiedeman the Council would like the 1/2 street improvement
done and the light. On 72nd. , Council consensus was to make the
modification on the corner of Carmen and 72n6.
CI.TY COUNCIL MINUTES – OCTOBER 21' 1985 – PAGE 1
C TYOF TIGARD
OREGON
25 Years of Service
September 241 1986 99619986
Metropolitan Area Communications Commission
Twin Oaks Technical Center
1815 N. W. 169th Place
Beaverton OR 97006-4849
Subject: Resolution of the Tigard City Council Concerning Changes to
the Time Requirements for Tidel Communications, Inc. to
Submit Information to Comply with the Metropolitan Area
Communications Commission Requirements Concerning the
Transfer of Cable Communications Franchise Agreement.
Gentlemen:
Enclosed please find a copy of the above-referenced resolution for
your files.
Sincerely, f
oreen R. Wilson
Acting City Recorder
LRW:cw/4180A
o C"
J
13125 SW Hall Blvd.P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171
5. FRONTIER MARKEWRANDALL REQUEST FOR LAND SWAP
a. Community Development Director explained the history of this
issue and stated the question for Council to resolve is whether
the City should trade dry land for floodplain land.
b. After lengthy discussion, Councilor Brian stated he did not feel
it prudent to trade dry property for floodplain and is reluctant
to sell the property when future needs are not known.
C. Consensus of Council was to have staff research the recent
conditional use conditions to identify the amount of land in the
floodplain proposed to be swapped and request Legal Counsel to
determine the status of the easement in question. This will be
discussed at the August 18, 1986 meeting. A Randall Company
representative stated they would be willing to assist in
gathering the information Council requested.
6. STORER—TIDEL CABLE FRANCHISE SALE
a. City Administrator stated the MACC Board directed a study group
to check Tidel as to their legal, technical and financial
capability to follow the terms and conditions of the agreement.
He recommended on behalf of the Cable Study Commission and as
City Administrator to endorse the sale of the cable franchise to
Tidel. He stated that Tidel is not in the business of installing
line but more attuned to customer service.
b. RESOLUTION NO. 86-81 A RESOLUTION CONSENTING TO THE TRANSFER OF
THE CABLE COMMUNICATIONS FRANCHISE AGREEMENT TO TIDEL
COMMUNICATIONS, INC. FROM STORER METRO COMMUNICATIONS, INC.
C. Motion by Councilor Brian, seconded by Councilor Edwards to
approve with amendment to Section 8 3 to read $100,000 security
fund amount.
Approved by unanimous vote of Council present.
7. CHERRY STREET AT 74TH AVENUE LID — PHASE II
a. City Engineer noted history of studies and stated the area of the
LID had been reduced with each study. The proposed LID now
includes 6 lots or parcels of lots. He recommended Council pass
the resolution to call for a public hearing on August 11, 1986 to
give citizens the opportunity to express their concerns on the
LID area.
b. Council spoke to concerns about the size of the LID and whether
there were any alternatives available to the property owners
whose septic systems are failing other than the LID.
c. RESOLUTION NO. 86-82 A RESOLUTION DECLARING THE INTENT TO FORM A
LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT SANITARY SEWER
IMPROVEMENTS IN THE AREA OF SW 74TH AND CHERRY AND TO HOLD A
PUBLIC HEARING, ADOPTING THE CITY ENGINEER'S SUPPLEMENT TO THE
PRELIMINARY ENGINEERING REPORT AND DIRECTING THAT NOTICE OF THE
HEARING BE GIVEN.
Page 2 COUNCIL MINUTES — JULY 28, 1986
CITY OF TIGARD, OREGON
RESOLUTION NO. 86—
A RESOLUTION CONSENTING TO THE TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE
AGREEMENT TO TIDEL COMMUNICATIONS, INC. FROM STORER METRO COMMUNICATIONS, INC.
WHEREAS, the City of Tigard is a member of the Metropolitan Area
Communications (hereinafter the Commission); and
WHEREAS, the members of the Commission entered into a certain Cable
Communications System Franchise Agreement Between the Jurisdictions
Participating in the Commission and Storer Metro Communications, Inc.
(hereinafter Grantee); and
WHEREAS, pursuant to Section 3.5 Franchise NonTransferable of the Agreement,
requested the Cable Communications Franchise be transferred to Tidel
Communications, Inc. (hereinafter Tidel); and
WHEREAS, the Commission considered the request, determined Tidel has the
legal, technical and financial qualifications to operate the cable system
according to the terms and conditions of the Franchise Agreement, and by
adoption of Commission Resolution 86-02 (attached) recommended to the City of
Tigard that consent to be granted to transfer the Cable Communications
Franchise to Tidel from Grantee; and
WHEREAS, the Council has deemed it to be in the furtherance of the public
interest and welfare of the Citizens of the City of Tigard to consent to the
transfer of the Franchise.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
A. The City Council hereby grants its consent to transfer the Cable
Communications Franchise to Tidel from Grantee.
B. This consent is granted contingent upon unanimous consent of the member
jurisdictions of the Commission to the transfer and the filing by Tidel of
the following with the Commission in a form satisfactory to the Commission:
1 . Formal acceptance of the Franchise Agreement indicating that Tidel
agrees to be bound by all terms and conditions thereof; and
2. Certificate of Insurance pursuant to Section 9.5 of the Franchise
Agreement; and
3 . Evidence that a security fund of $100100p,
ursuant to Section 9.2. , has
been deposited in a bank account maintained by the Commission, or
that Tidel has acquired the existing security fund originally
deposited by Grantee; and
4 . Proof of the posting of a $100,000 faithful performance bond,
pursuant to Section 9.3; and
WZ-1-X
RESOLUTION NO. 86—��
Paae 1
' t
5. Evidence that the financing of the purchase of the cable system is
essentially the same as that presented to MACC staff and legal
counsel on June 17, 1986, and that all financing is completed.
and the Commission determining that all member jurisdictions have given
their consent to the transfer and Tidel has submitted the required
documents.
C. The Mayor is authorized to file with the Chairman of the Commission an
executed true and correct copy of this resolution and is authorized and
shall execute on behalf of the City a Cable Communications Franchise
Agreement redrafted to reflect the transfer of ownership. The Franchise
Agreement and two duplicate copies shall be executed and returned to the
Commission within thirty (30) days of receipt of the redrafted Franchise
Agreement by the City.
PASSED: This day of 1986.
i
M City of Tigard
ATTEST:
/
gco Rerder — City of Tigard
(dc39)
t
RESOLUTION NO. 86-4�/
Page 2
i.
t
b. Motion by Councilor Eadon, seconded bit Councilor Brian, to
authorize staff to bring back to Council a resolution
transferring funds from Contingency and then entering into a
contract with Deborah Knechtel.
Approved by unanimous vote of Council present.
13. CONSENT AGEKI - These items are considered to be routine and may be
enacted in one motion without separate discussion. Anyone may request
that an item be removed by motion for discussion and separate action.
Motion to:
13.1 Approve Council Minutes — August 18, ,September 3 & 10, 1986
13.2 Receive and File:
a. Community Development Land Use Decisions
b. Departmental Monthly Reports
13.3 Approve Agreement With State of Oregon Re: Hall/Burnham
Improvements — Authorize Mayor and Recorder to Sign; Resolution
86-111,
13.4 Approve Training Request — City Engineer — $225.00
Approve Training Request -- Engineering Tech — $299.88
Approve Training Request — Engineering Tech — $299.88
13 .5 Approve Tidel Cable Franchise Transfer Deadline Extension —
Resolution No. 86-112.
13.6 Approve Chief of Police Employment Agreement Addendum —
Consensus of Council to Table to a future meeting.
Motion by Councilor Edwards, seconded by Councilor Brian, to approve.
Approved by a unanimous vote of Council present.
14. Non—Agenda Items
14.1 School Fee Waiver
Community Development Director reported that Tigard High School
has a home construction class which formed a non—profit
corporation several years ago. Each year they build a house in
Tigard and request that Council waive the permit fees and and the
plan check fees. The high school would pay all other fees.
Motion by Councilor Johnson, seconded by Councilor Eadon, to
waive the building permit and plan check fees as suggested by
staff.
Approved by a unanimous vote of Council present.
14.2 Capital Improvement Program List Adjustment
Page 13 — COUNCIL MINUTES — SEPTEMBER 22, 1986
'
CITY OF TZQAWB, OREGON
RESOLUTION NO. 86
A RESOLUTION OF THE TIGARD CITY COUNCIL CONCERNING CHANCES TO THE TIME
REQUIREMENTS FOR TIDEL COMMUNICATIONS, INC' TO SUBMIT INFORMATION TO COMPLY
WITH THE METROPOLITAN AREA COMMUNICATIONS COMMISSION REQUIREMENTS CONCERNING
THE TRANSFER OF THE CABLE C(MMUNICATI00S FRANCHISE AGREEMENT.
WHEREAS, the Metropolitan Area Communications Commission (hereinafter
Commission) recommended to the member jurisdictions in MACC Resolution 86-02
that the Cable Communications Frmnnhisn be transferred to Tidel
Communications, Inc. from Storer Metro Communications, Inc. ; and
WHEREAS, all fifteen member jurisdictions consented to the transfer of the
Cable Communications Franchise; and
WHEREAS, MACC Resolution 86-02 required TideI Communications to submit to the
Commission the following items, within forty-five (45) days of the last member
jurisdiction to act:
1' Formal acceptance of the Franchise Agreement indicating that Tidel agrees
to be bound by all terms and conditions thereof; and
2. Certificate of Insurance pursuant to Section 0.5 of the Franchise
Agreement; and
3. Evidence that a security fund of $100^000, pursuant to Section 9,2^ has
been deposited in a bank account maintained by the Commission, or that
Tidel has acquired the existing security fund originally deposited by
Grantee; and
4. Proof of the posting of a $100,000 faithful performance bond, pursuant to
Section 9.3; and
5. Evidence that the financing of the purchase of the cable system is
essentially the mmmm an that presented to MACC staff and legal counsel on
June 17, 1986^ and that all financing is completed; and
WHEREAS, the City of Tigard by adopting Resolution No. 80-81 consenting to the
transfer of the Cable Communications Franchise incorporated MACC Resolution
86-02 by reference: and
WHEREAS, the last member jurisdiction to act did so on July 28^ 1986 making
Tidel Communications responsible to submit the required information to the
Commission by September 11, 1986; and
WHEREAS' the closing date for the sale of the cable system has been postponed
so that it will occur after September 11, 1086.
RESOLUTION NO. 86
PAGE 1 OF 2
. ''..'
~
- ^
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
A. The City of Tigard grants to Tidel Communications that thirty (30) days
after the closing date of the sale they are to submit the following to
the Commission:
1. Formal acceptance of the Franchise Agreement indicating that Tidel
agrees to be bound by all terms and conditions thereof; and
2. Certificate of Insurance pursuant to Section 0.5 of the Franchise
Agreement; and
3. Evidence that a security fund of $108,000^ pursuant to Section 9.2,
has been deposited in a bank account maintained by the Commission, or
that Tidel has acquired the existing security fund originally
deposited by Grantee; and
4. Proof of the pouting of m $100,000 faithful performance bond,
pursuant to Section 9.3; and
5. Evidence that the financing of the purchase of the cable system is
essentially the name as that presented to MACC staff and legal
counsel on June 17' 1986^ and that all financing in completed; and
B. The City Recorder is authorized to fila with the Chairman of the
Commission two executed true and correct copies of this resolution.
( PASSED; This day of , 1986'
0 0 City of Tigard
ATTEST:
ting City RecorcYe"r City of Tigard
RESOLUTION NO. 86– '^P—
PAGE 2 OF 2
%w/4157A
CABLE COMMUNICATION; SYSTEM
FRANCHISE AGREEMENT
- Between the Jurisdictions
Participating in the Metropolitan Area
Communications Commission
and Storer Metro Communications, inc.
AMENDMENT
1 s
APPENDIX 1
Public Communications Network Rates
for Government and Non-Porfit Users
The rates for use of the institutional system designed
for use by government and non-proft users (Public Communications
Network) shall be as follows effective July 1, 1986.
Low-speed data or single-line voice
circuit--assume 25kHz $ 40. 00 per month
High-speed data --e.g. 56 kbps--assume
150 kHz usage $200. 00 per month
T-1 service (1- 544 mbps)--assume
750 kHz usage $325.00 per month
Packet-switched interactive network
service--Sytek hardware $ 40.00 per month per device
Video--per site, one-way video
delivery from Storer TYRO $ 50.00 for first hour,
$ 35. 00 per each add' l hour
Video--per site, two-way, originating
outside Storer headend $ 75. 00 for first hour,
$ 35.00 per each add' l hour
Bulk rates may be negotiated to reduce the monthly charges
listed above.
These rates may be adjusted according to the following: The
adjustment in rates will not exceed the annual percentage increase
in the Consumer Price Index.
Rates will be continually reviewed to assure they are com-
petitive. Adjustments made above the increase in the Consumer
1 Price Index may only take place with the mutual consent of
Grantee and the Conur-ission.
These rates and the criteria for adjusting these rates will
be in effect for the time period referred to in Section 6.9 (2)
and Section 6. 9 (3) .
EXHIBIT "A"
Network Operation and Maintenance Plan
Public Communications Network
The following outlines the Grantee' s and the Commission' s
responsibilities in the operation and maintenance of the Public
Communications Network.
Activity Responsibility
Frequency Management Commission
User Premise Equipment Specifications Commission
Finances Grantee
Setting Rates Grantee
Planning Commission
Marketing Commission
User Application Commission
User Installation and PCN Design Grantee
Mainline Maintenance Grantee
Headend Equipment and Maintenance Grantee
EXHIBIT "B"
Commission' s Extraordinary Expense
Incurred During Renegotiations
Professional Services
Legal Fees - Not To Exceed $20,000. 00
Consulting Fees - Not To Exceed $ 6,000.00
I
I
f
E
i
AGREEMENT TO AMEND THE CABLE COMMUNICATIONS SYSTEM
FRANCHISE AGREEMENT BETWEEN THE JURISDICTIONS
PARTICIPATING IN THE METROPOLITAN AREA COMMUNICATIONS
COMMISSION AND STORER METRO COMMUNICATIONS INC.
This Franchise Amendment Agreement is entered into this
day of , 1985.
WHEREAS, the Oregon cities of Banks, Beaverton, Cornelius,
Durham, Forest Grove, Hillsboro, King City, Lake Oswego,
North Plains, Rivergrove, Sherwood, Tigard, Tualatin and
Wilsonville, together with Washington County, Oregon, have
entered into a cable communications system Franchise Agree-
ment with Storer Metro Communications, Inc. which grants to
Storer Metro Communications , Inc. a non-exclusive, revoke-
able, 15 year franchise to construct, operate and maintain a
cable communications system within the collective jurisdic-
tional boundaries of the grantors; and
I
WHEREAS, the parties to the Franchise Agreement have
agreed to certain amendments to the Franchise Agreement:
The parties agree as follows:
SECTION I. Public Communications Network
A. Section 4 .6 of the Franchise Agreement is amended to
�<s>< read as follows :
I 4 .6 Provision of Institutional Services. Grantee shall
provide access to all services on the institutional net-
work to all public agencies, public and private educa-
tional institutions, hospitals, as well as commercial
establishments and major businesses within the initial
service area of the franchise area, as such agencies,
institutions , hospitals, commercial and major business
establishments shall be determined by the Commission.
The provision of service to public agencies, public and
private educational institutions and hospitals will be
subject to the installation charges and rates specified
in Section 7. 8.
B. Section 6 .8 of the Franchise Agreement is amended to
read as follows :
6 . 8 Demonstration Projects. Demonstration projects on
the Public Communications Network shall be performed in
accordance with a timetable and program established by the
PAGE 1 - FRANCHISE AMENDMENT AGREEMENT
Commission.
C. The following Section 6. 9 is added to the Franchise
Agreement:
6.9 Public Communications Network. Grantee's obligations
to provide institutional network service to public agencies,
public and private educational institutions and to hos-
pitals will be accomplished by the utilization of the
separate system referred to in Section 5.5 and hereinafter
referred to as the Public Communications Network or Network.
Service on the Network shall be subject to the following
conditions :
1. Any demonstration projects carried out pursuant to
Section 6 .8 will be funded by the Commission and not by
i Grantee.
2. Subject to Section 6 .10 , Grantee may cease operation
of the Public Communications Network on or after July 1,
1990.
j 3. Subject to Section 6.10 , Grantee may cease operation
of the Public Communications Network on September 31,
1988, if the Commission, in the reasonable exercise of its
judgment, finds that Grantee has operated the Network
consistent with all terms and conditions of the Franchise
Agreement as amended and that Grantee has demonstrated
that the revenues derived from the operation of the Net-
work are substantially less than the costs of operation
and that there is little likelihood that such revenues
will equal or exceed the costs of operation by July 1,
1990. The Commission will , if requested by Grantee, make
' this determination no later than July 1, 1988.
D. The following Section 6. 10 is added to the Franchise
Agreement.
6.10 Commission Operation Of Public Communications Network.
On or after July 1, 1990 , after giving the Commission 180
days notice of its intent to do so, Grantee may cease
operation of the Public Communications Network provided
that it offers to give title and control of the Network to
the Commission. If the Commission shall , pursuant to
Section 6. 9 ( 3 ) , determine that Grantee may cease operation
of the Public Communications Network on September 31,
1988, Grantee shall also offer to give title and control
of the Network to the Commission. The terms and conditions
of such offers shall include granting to the Commission
full title and control of all Network cable plant, elec-
tronics , head-end gear and drops to any public locations
PAGE 2 - FRANCHISE AMENDMENT AGREEMENT
being provided with service along with any accompanying
equipment already in place at such locaticns. In addition,
Grantee will guarantee that the Commission or its agents
shall have the right to any necessary access to any equip-
ment located in any facility owned or operated by the
Grantee.
Upon receipt of such notice by the Commission, the Commis-
sion will determine within 90 days whether it is willing
to accept the offer. If the Commission agrees to accept
the offer, it shall promptly notify the Grantee in writing
of its acceptance and the parties will then take all
necessary steps to effectuate an orderly transfer of the
Network to the Commission. Pending the full transfer of
the Network to the Commission, Grantee shall continue to
operate the Network and guarantee continuation of service
to all customers in good standing.
E. The following Section 6.11 is added to the Franchise
I Agreement.
I 6.11 Public Communications Network Performance Standards.
Grantee 's operation of the Public Communications Network
shall be subject to the following performance standards :
1 1. The Network will be operated consistent with the tech-
nical specifications set forth in Section 5. 12 of this
Agreement.
2. Grantee will provide a +15dbmv(+or- 2dbmv) video reference
on pilot carrier 301. 25 at the line of demarcation for all
Network users.
l 3. Grantee will install , proof and activate cable at any
user sites within 60 days of a request for use of the
Network by any public user.
4. Grantee shall maintain a repair force of technicians
capable of responding promptly to all requests for service
by Network users.
5. Grantee shall provide, at a minimum, service and repair
j according to the following response times. During normal
working hours (Monday - Friday, 8:00 a.m. - 5:30 p.m. ) ,
the response shall not exceed 2 hours, except for extra-
ordinary circumstances related to Network operations and
maintenance. During non-working hours, the response shall
not exceed 6 hours. Response shall mean a technician is
working on the Network in an effort to correct the service
problem.
PAGE 3 - FRANCHISE AMENDMENT AGREEMENT
6 . Grantee will operate the Network with due diligence.
7. Grantee will comply with the Network Management Opera-
tion and Maintenance Plan attached as Exhibit A hereto
which will govern operation of the Network unless the
Commission shall agree to amend or terminate the Plan.
F. The following Section 12.5 is added to the Franchise
Agreement.
Section 12.5 Extension Of Term.
(a) Within 90 days of July 1, 1988, the Commission shall
hold a hearing to determine whether Grantee has complied
with all provisions of the Franchise Agreement, as amended,
relating to the operation of the Public Communications
Network. If the Commission determines that Grantee has
complied with all such terms of the Agreement, it shall
grant to Grantee a 1 year extension of the term of this
Franchise Agreement.
(b) If the Grantee operates the Public Communications
Network from July 1, 1988 until July 1, 1990, within 90
days of July 1, 1990, the Commission shall hold a hearing
to determine whether Grantee has complied with all pro-
visions of the Franchise Agreement, as amended, relating
to the operation of the Public Communications Network
during that period. If the Commission determines that
Grantee has complied with all such terms of the Agreement,
it shall grant to Grantee a 1 year extension of the term
of this Franchise Agreement.
G. Existing Section 7.8 of the Franchise Agreement is
deleted and a new Section 7.8 is added to read as follows:
Section 7.8 Institutional Services.
(a) Rates and installation charges for use of the institu-
tional system designed for business and industry use as
described in Section 5.5 shall be established at the sole
discretion of the Grantee.
(b) The rates for use of the institutional system designed
for use by government and non-profit users (the Public
Communications Network) are established in the attached
Appendix 1. These rates may be adjusted annually by
Grantee in accordance with the formula set forth in
Appendix 1.
(c) Installation charges for use of the Public Communi-
cations Network by public agencies, public and private
PAGE 4 - FRANCHISE AMENDMENT AGREEMENT
educational institutions and hospitals will be computed on
the following basis :
Drops or extensions necessary to provide service will
be provided free of charge by Grantee up to a dis-
tance of 300 feet. The user and Grantee will share
the cost on a 50/50 basis for an additional 300 feet.
The cost of any construction necessary beyond 600
feet will be the responsibility of the Public Commun-
ications Network user.
The amount of cable construction as measured in feet which
is the basis for the cost sharing formula will be computed
as follows:
Start at a point on the property of the public insti-
tution adjacent to the public right-of-way nearest to
the point where there a cable television plant capable
of being tapped for service and which is nearest to
the point of entry into the facility. The actual
length of cable needed to extend from the starting
point to the line of demarcation within the facility
shall be the total number of feet. The cost of the
project from the starting point to the line of demar-
cation shall be divided by the total number of feet.
The resultant cost per foot shall be used to compute
each party's share.
H. The following paragraph is to be added to the end of
the existing provisions of Section 9.1 of the Franchise
Agreement.
d. Alternative Means To Repay Advancement Of Franchise
Fees. Grantee has advanced to Grantors a total of
$193,000.00 in franchise fee payments as of July 1, 1985.
Notwithstanding the provisions of paragraph 9.2(c) pro-
viding for a credit for such advance payments Grantee
shall continue to pay the full five percent (5%) franchise
fee each quarter until July 1, 1990.
If Grantee operates the Public Communications Network
until July 1, 1990 and if Grantors have expended less than
$193,000. 00 for demonstration projects pursuant to Section
6.8 and 6.9 (1) or for the items listed in attached Exhibit
B, then Grantee shall , commencing with the first franchise
fee payment due after July 1, 1990 , be entitled to commence
to credit toward its franchise fee payments, pursuant to
paragraph 9.1(c) above, the difference between $193,000.00
and the amount actually expended. If, however, Grantee
shall cease operation of the Network prior to July 1, 1990
for any reason whatsoever or if Grantors shall have expended
PAGE 5 - FRANCHISE AMENDMENT AGREEMENT
i
an amount equal to or greater than $193,000.00 for the
purposes set forth above, then Grantee shall not be entitled
to any credit against the franchise fee otherwise due and
payable and Grantee shall continue to pay the full five
percent (5%) franchise fee.
I. The following Section 2.32(a) is added to the Franchise
Agreement.
2.32(a) Line of Demarcation. The point where Grantee
terminates a cable drop either on the Public Communica-
tions Network or the Residential Subscriber Network. The
point shall be designated by the subscriber and shall be
limited to a single point.
SECTION II. Interactive Residential Services
A. Section 5.4 of the Franchise Agreement is amended to
read as follows:
5.4 Capacity and Capability for Interactive Residential
Services. Grantee agrees to and shall provide, in the
intitial system configuration, the capacity and capability
for interactive residential services including, but not
limited to, security alarm ( including intrusion and fire
alarm) monitoring, home shopping, energy management, home
banking, teletext, information access and retrieval, sub-
scriber polling, video games and one-way or interactive
`$- education. All customer equipment necessary for such
services, such as addressable interactive converters, home
terminals and home detectors , shall be provided to sub-
scribers by Grantee in accordance with established and
uniform rate schedules.
Return modules will be placed, installed, tested and made
operational in all residential network amplifiers and
trunk extenders by September 1, 1987 .
B. Existing Secton 6.4 of the Franchise Agreement is
deleted and a new Section 6.4 is added to read as follows:
6.4 Interactive Residential Services.
(a) Grantee will introduce, market and operate on the
Residential Service Network any interactive service at the
time the Commission and Grantee jointly determine it is
operating profitably on 20% of the interactive capable
cable television systems in the United States. To deter-
mine if the service is being provided profitably, the
Commission and Grantee will survey to determine that the
interactive cable service is being provided voluntarily
PAGE 6 - FRANCHISE AMENDMENT AGREEMENT
and is an ongoing service. If a third party is necessary
to provide an interactive service and Grantee in good
faith is unable to secure the third party, the Commission
shall waive this requirement per Section 4.7 .
(b) Grantee will report to the Commission at its first
meeting after July 1st each year on its efforts to develop
interactive services and their financial viability.
(c) Upon introduction of an interactive service, the
service will be available to all areas of the franchise
territory. Experiments and demonstrations may take place
in areas smaller than the entire franchise territory.
SECTION III. Construction
A. Section 4 .5 of the Franchise Agreement is amended to
read as follows :
i 4 .5 Provisions of Residential Service. Subject to the
provisions of Section 7 herein concerning rates and charges,
Grantee shall provide all residential services to all
residents within the initial service area of the franchise
area at uniform installation charges and monthly rates and
within the schedules of Section 4.2, above. New residents
in active cable areas shall be offered service within
sixty (60 ) days after request for service. The following
exceptions shall apply:
i (1) Isolated Homes.
A For dwelling units either within or outside of the
I initial service area, where the number of homes per mile
is less than 35, Grantee shall have no obligation to pro-
vide service necessitating more than a line extension or
drop of 200 feet as measured from the end of the existing
cable plant, unless the person requesting service con-
tractually agrees to pay construction costs based on the
following formula:
(1) Grantee shall provide service at its standard instal-
lation charge if no more than 200 feet of construction is
required.
(2) Grantee and the subscriber shall share equally the
acutal cost of the extension for the distance over 200
feet but less than 500 feet.
( 3 ) The subscriber shall pay all costs for construction
greater than 500 feet.
PAGE 7 - FRANCHISE AMENDMENT AGREEMENT
(4 ) The amount of cable construction as measured in feet,
which is the basis for the cost sharing, will be computed
as follows :
Start at a point at the nearest existing cable plant
exclusive of a street crossing. The actual length of
cable needed from the starting point to the subscri-
ber's home shall be the total number of feet. The
cost of the project from the starting point to the
home shall be divided by the total number of feet.
The resultant cost per foot shall be used to compute
each party's share. Street bores or crossings needed
to bring the existing cable plant to the requesting
subscribers side of the street shall not be included
as part of the extension.
(2) New Subdivisions.
A. Grantee will be required to build, activate, proof and
sell cable in new subdivisions within sixty (60) days of
the time when 50% of the subdivision's potential dwelling
units have been issued building permits, or 25% of the
subdivisions ' potential dwelling units have contracted for
cable television service.
B. If plant extension as measured from the end of the
existing cable plant exceeds 200 feet times the number of
planned dwelling units in the new subdivision to reach the
beginning of the new subdivision, Grantee may consider the
new subdivision as isolated homes and condition service on
subscribers compliance with Subsection 4 .5(1) above.
C. The Commission, as a franchise obligation, will notify
all member jurisdictions to add Grantee to their lists so
Grantee will be notified of Grantee considerations of new
subdivisions.
D. Where jurisdictional approval of a subdivision includes
provision for the construction of separate phases of the
subdivision each phase will be considered a separate sub-
division for the purpose of this section.
B. A new subsection 11.6(e) is added to Section 11.6
Landlord - Tenant of the Franchise Agreement to read as
follows:
(e) However, Grantee shall have no obligation to provide
service if the cost of installation exceeds $150 per unit*.
To determine unit costs, the total project cost is divided
by the number of units. The total project cost shall
PAGE 8 - FRANCHISE AMENDMENT AGREEMENT
include only the costs of cable installed on the propertv
including line extension and pre post wiring of the units_
*Cost is expressed in 1985 dollars. This figure shall be
adjusted each year on July 1 to reflect the annual change
in the Consumer Price Index for the Portland Metropolitan
Region.
i SECTION IV. Service to Public Institutions.
A. Section 7.3 of the Franchise Agreement is amended to
read as follows:
7 .3 Basic Service - Apartment, Commercial and Public
Facilities. The initial rates and charges for basic
service within the initial service area to apartments,
j commercial organizations and public facilities shall not
exceed the following:
Installation Monthly
Apartments - Bulk Rate Charge Rate
First Outlet Cost Same as residential
rate
2 - 10 Outlets Cost 10% discount from
residential rate
11 - 20 Outlets Cost 15% discount from
residential rate
21 - 30 Outlets Cost 20% discount from
residential rate
More than 30 Outlets Cost 25% discount from
residential rate
To qualify for bulk rates, the apartments must have one
hundred percent (100%) subscription and a single billing
address.
Installation Monthly
Commercial - All Tiers Charge Rate
First Outlet Cost Same as residential
rate
2 - 10 Outlets Cost 10% discount from
residential rate
PAGE 9 - FRANCHISE AMENDMENT AGREEMENT
i
11 - 20 Outlets Cost 15% discount from
residential rate
21 - 30 Outlets Cost 20% discount from
residential rate
More than 30 Outlets Cost 25% discount from
residential rate
Tax Supported and Non-Profit institutions
installation monthly
Charge Rate
First eutlet No eharge No Charge
Additional edtiets No eharge No eharge
Seeerity Serviee No eharge No eharge
Tax Supported and Non-Profit Monthly
Institutions - All Tiers Rate
First Outlet Same as residential
rate
2 - 10 Outlets 10% discount from
residential rate
11 - 20 Outlets 15% discount from
residential rate
21 - 30 Outlets 20% discount from
residential rate
More than 30 Outlets 25% discount from
residential rate
Installation charges for tax supported and non-profit
institutions shall be in accordance with the following formula:
Drops or extensions necessary to provide service will
be at Grantee's expense for the first 300 feet. The
user and Grantee will share the cost on a 50/50 basis
for an additional 300 feet. The cost of any construc-
tion necessary beyond 600 feet will be the responsi-
bility of the user.
The amount of cable construction as measured in feet which
is the basis for the cost sharing formula will be computed
as follows :
PAGE 10 - FRANCHISE AMENDMENT AGREEMENT
Start at a point on the property of the public insti-
tution adjacent to the public right-of-way nearest to
the point where there is cable television plant capable
of being tapped for service and which is nearest to
the point of entry into the facility. The actual
length of cable needed to extend from the starting
point to line of demarcation within the facility
shall be the total number of feet. The cost of the
project from the starting point to the line of demar-
cation shall be divided by the total number of feet.
The resultant cost per foot shall be used to compute
each party's share.
SECTION V. Emergency Alert
Section 5.8 of the Franchise Agreement is amended to read
as follows :
5 . 8 Emergency Alert Capability. Grantee shall provide
the system capability for the Commission to transmit an
emergency alert signal from locations designated by the
Commission to all participating subscribers. Grantee
shall also provide an emergency audio override capability
to permit the Commission or, within its jurisdiction, an
individual Grantor to interrupt programming and cablecast
from locations designated by each Grantor an audio message
on all channels simultaneously in the event of disaster or
public emergency.
Grantee may satisfy this obligation by installing and
maintaining a Scientific Atlanta Communications Alert
System. By 90 days after the effective date of the amend-
ment agreement Grantee shall operate and make available
the emergency alert capability of this system in accord-
ance with an operational plan to be developed by Grantee
and local public safety departments subject to the appro-
val of the Commission.
SECTION VI. Status Monitoring
A. Section 5.11 of the Franchise Agreement is amended to
read as follows:
5.11 Status Monitoring. Grantee shall provide an auto-
matic status monitoring system as an integral part of both
the residential and the institutional cable networks in
the event the Commisson requires it to do so. The Com-
mission may require Grantee to install such a system if
within 90 days after July 1, 1988, July 1, 1991, July 1,
1994 and July 1, 1997 if the Franchise Agreement term is
PAGE 11 - FRANCHISE AMENDMENT AGREEMENT
extended, ,-t determines that Granteee has failed to meet
the quad ], of service and consumer protection require-
ments of this agreement as amended.
SECTION VII. Modifications for Videotext
A. Section 5.15 System Modification for Videotext Receipt
is hereby deleted from the Franchise Agreement.
SECTION VIII. Quality of Service
A. A new Section 8.7 Consumer Protection Standards and
Penalty Guidelines is hereby added to the Franchise Agree-
ment to read as follows :
8.7 Consumer Protection Standards and Penalty Guidelines
a. Telephone Answering
1. Standard of Performance. The Franchise Agreement
provides in Section 13.4 (a) :
The Grantee shall maintain an office in the franchise
territory which shall be open during all usual business
hours, have a publicly listed toll-free telephone, and be
so operated to receive subscriber complaints and requests
for repairs or adjustments on a 24-hour basis. A written
log shall be maintained listing all complaints and their
disposition.
Incoming calls shall be answered within three minutes
90% of the time during any one hour time period. "Answered"
means that a caller speaks to an employee of the Grantee.
Grantee will meet or exceed the 90% standard in meeting
the telephone answering requirements of Section 13.4 (a) of
the Franchise Agreement. The test for compliance will be
whether an open incoming telephone line is available 90%
of the time during any one hour and whether calls are
picked up by an employee within three minutes.
2. Monitoring Procedures. Commission staff will
monitor consumer complaints it receives and will peri-
odically check the availability of open telephone lines.
The Commission will request, pursuant to Section
13 . 3 (e) , reports from Frantee on telephone utilization.
3. Penalty Standards. The Commission shall impose
penalties for violation of the telephone answering stand-
ards, except in cases where the system has suffered an
outage or other disruption affecting trunks or distri-
PAGE 12 - FRANCHISE AMENDMENT AGREEMENT
bution feeders or some occurance has caused similar
service related problems to a number of subscribers. The
Commission may at its discretion, waive or reduce penalties
if timely and appropriate corrective action is taken.
The following are guidelines for the Commission in
setting penalties. The dollar amounts set forth are
intended as guidelines for the maximum amount to be
! imposed absent egregious circumstances or changes in the
value of the dollar based on inflation. If the 90%
standard is not met during one or more one hour periods
during a single day, a single violation will be deemed to
have occurred.
(A) One violation to nine violations in any one
month.
PENALTY: $50.00 per violation.
(B) Ten or more violations in any one month.
PENALTY: $100 per violation for all violations
during the month.
(C) Violations as specified in (1) or (2) continue
i over a two month period and notification had
i been given of the first month's violation.
PENALTY: Double Monetary Fines.
I
(D) Violations as specified in (1) or ( 2) continue
over a three month period and notification had
been given of violations in months one and two.
PENALTY: Triple Monetary Fines.
(E) Violations as specified in (1) or ( 2) continue
for a period of four or more months and notifi-
cation had been given of violations in months
one, two and three.
PENALTY: Triple Monetary Fines
Consider Franchise Revocation
(b) Customer Service Response
1. Performance Standards. The Franchise Agreement
states in Section 13.4 (c) :
"The Grantee shall maintain a repair force of tech-
nicians capable of responding to subscriber complaints
PAGE 13 - FRANCHISE AMENDMENT AGREEMENT
or requests fcr service within 24-hours after receipt
of the complaint or inquiry. No charges shall be
made to the subscriber for this service. "
Grantee shall respond to a complaint or request for
service within 24-hours of a request. For a subscriber
with a construction or technical problem, a response means
a Grantee representative will correct or attempt to correct
the problem within 24-hours of a request. The Commission
shall apply this standard to all requests for repairs or
correction of technical problems. Requests for added or
changed services packages, such as add or drop channels,
additional outlets, etc. , are not subject to this 24-hour
response time.
A subscriber can voluntarily elect to extend the
response time requirement beyond 24-hours.
2. Monitoring Procedures. The Trouble Call reports
provided to the Commission pursuant to Section 13.3(a)
shall be used to monitor this standard. Grantee shall
indicate on the Trouble Call report those subscribers
requesting service who voluntarily elect to extend the
response time requirement beyond 24-hours. The Commission
will review all reports.
3. Penalty Standards.
The following are guidelines for the Commission in
setting penalties. The dollar amounts set forth are in-
tended as guidelines for the maximum amount to be imposed
absent eregious circumstances or changes in the value of
the dollar based on inflation.
(A) If the 5% or greater, but less than 10% of the
monthly requests for service exceed the 24-hour
requirement.
PENALTY: $10.00 per violation.
(B) If 10% or greater, but less than 15% of the
monthly requests for service exceed the 24-hour
requirement.
PENALTY: $20.00 per violation.
(C) If 15% or greater of the monthly requests for
service exceed the 24-hour requirement.
PENALTY: $30 .00 per violation.
PAGE 14 - FRANCHISE AMENDMENT AGREEMENT
(D) In computing compliance or violation of these
standards the following mathematical formulas
will be used.
(a) T2 5%
T1
This determines if the 5% threshold is
exceeded. If it is, penalties are computed
by Formula (b) .
(b) (T2 - T3) X P = $
T1 = Total service calls per month.
T2 = Total service calls per month in excess
of 24-hour response requirement.
T3 = 5% of total service calls per month.
P = Dollar penalty for penalties (A) , (B)
and (C) above. The dollar penalty is
determined based upon the quotient in
Formula (a) .
(c) Technical Specifications
(1) Performance Standards. The Commission will monitor
system performance in order to insure subscribers receive
good quality television reception. The Franchise Agreement
in Section 5.12 contains specific standards for technical
quality.
(2) Monitoring Procedures. The Commission will follow
the provisions of Section 5.13 to test to determine if tech-
nical standards are being met. The Commission will use
Grantee's performance tests or independent tests authorized
by the Commission. If the operating standards do not meet
the required technical specifications, the Commission shall
provide Grantee with an opportunity to correct the problem.
The Commission will notify Grantee of the noncompliance.
Grantee will have 7 days to correct the problem and prove to
the Commission the problem is corrected. If corrective
action and proof of it are not made within 7 days of Grantee
receiving the notification, the Commission may enact penalties.
(3 ) Penalty Standards. Monetary penalties shall be applied
based upon the degree and prevalence of the deviation. Penal-
ties shall increase in amount for continued violations. The
Commission may also consider rebates or payments to subscri-
bers.
PAGE 15 - FRANCHISE AMENDMENT AGREEMENT
W Subscriber Hook-ups .
(1) Performance Standards. Section 4.2(a) of the Fran-
chise Agreement states in pertinant part "Service shall be
offered to any requesting subscriber no later than 60 days
from the date of request following the energizing or acti-
vation of the system within any specific areas. " This time
period shall be the standard for all subscriber hook-ups
with the additional conditions as provided in Section 4. 5 as
amended also applicable as provided for therein.
(2) Monitoring Procedures. The Commission will monitor
and investigate reports of violation of this standard. A
request will be deemed made on the date of signing of a
service agreement, receipt of funds by the company, mailing
of a written request, or on the date of a verified oral
request.
(3 ) Penalty Standard. The penalty shall be up to $100.00
per day for every day over 60 days until the installation is
completed, or the cost of installation, whichever is more.
Upon notification to Grantee that the install was not made
within the required time frame, the Commission may, of its
own accord, have the installation made. The penalty in this
situtation shall equal the cost of the installation plus any
1 administrative expenses.
I B. Section 5 . 12 of the Franchise Agreement is amended
to read as follows :
5. 12 Technical Standards. The Federal Communications
Commission (FCC) Rules and Regulations, Part 76, Subpart
K (Technical Standards ) , as now or hereafter constituted,
shall apply. However, because of the recent development
of interactive and other innovative services, modifica-
tions of FCC standards, as presented in the specifications
below, are considered as necessary to meet system service
objectives.
Applicable Technical Standards
( 1) Resdiential Network, Forward Signals - Class I
Channels. The residential network shall be capable of carry-
ing 60 Class I television channels and the full FM broadcast
band. The combined forward trunk and distribution system
shall deliver signals to each subscriber's television receiver
that will meet or exceed the following specifications at the
mean system temperature +70 degrees F on each and every
video channel . This shall include the effects of drop cables,
interior splits , and any terminal equipment such as descram-
blers and set-top converters.
PAGE 16 - FRANCHISE AMENDMENT AGREEMENT
A. Peak to Vailey, 54-440 MHz 4 dB
B. Peak to Vailey, 6 MHz 0.5 dB
C. Carrier to Noise 44 dB
D. Cross Modulation 57 dB
E. Carrier to Hum 45 dB
F. Carrier to Composite Triple Beat 55 dB
G. Carrier to Triple Beat 76 dB
H. Carrier to Second Order 68 dB
I. Chroma/Luminance Delay +150 ns
J. Carrier to Echo per mertz curve
K. Differential Gain 0. 5 dB
0
L. Differential Phase 1.0
M. Subscriber Level +8.0 dBnV
N. Adjacent channel Level Differential 2.0 dB
0. FM Levels Channel 6 second
P. Subscriber Isolation 30 dB
(2) Residential and Institutional Networks, Reverse
Signals. The reverse channels of both the residential and
institutional networks shall have the capability of providing
return signals from any subscriber tap to the extreme end of
any area of the system which is intended to receive the
return signals without noticeable signal degradation or
interference.
A. The system capability shall include transmission of
audio, color video, black and white video, and both
low and high speed data, whether analog or digital.
B. If necessary to prevent the build-up of noise and
distortion products, the area shall be divided into
sections, and subtrunks run to a central hub within
the areas. Equivalent alternatives such as address-
able taps or switches may be utilized.
PAGE 17 - FRANCHISE AMENDMENT AGREEMENT
C. No more than +54 dBmV output level shall be required
out of any customer modem to meet the system specifi-
cations.
D. Where applicable, the end of the system specifications
shall include the effects of any signal reprocessing
equipment necessary to achieve forward transmission.
E. For all video signals originating within the system,
the signal delivered to the subscriber's television
receiver, after being transmitted to the headend•,
processed and retransmitted down a forward channel ,
shall meet the specifications of (1) above.
SECTION IX. Program Line-Up Changes
A. Section 6. 1 of the Franchise Agreement is amended to
read as follows:
6.1 Initial Services and Programming. Grantee shall
provide, as a minimum, the initial services and pro-
gramming listed in this Section. If any listed service
shall become unavailable, or cannot be provided under
existing FCC regulations, Grantee shall provide substi-
tute programming considered by the Commission to be at
least as attractive to cable system subscribers. Grantee
shall not reduce the number of program services without
prior written notification to and approval by Grantors.
Grantee may add new services at any time, subject to
Grantor approval of any new rates or rate increase neces-
sitated by the added services. Grantee may combine
programming into composite channels to improve efficiency
of channel utilization or to attact a larger viewing
audience.
In enforcing this Section, the Commission shall limit
itself to reviewing changes in the programming provided by
Grantee to determine whether the mix, quality, and level of
services originally provided will be maintained after any
modification unless the Grantee requests and the Commission
agrees that a variance from the original, mix, quality or
level of service is appropriate.
SECTION X. Cable Act
A. A new Section 14 .12 is added to the Franchise Agree-
ment as follows:
Section 14 .12 Effect of Amendments. The parties recog-
nize that they have conflicting opinions regarding the
effect of the adoption of The Cable Communications Policy
PAGE 18 - FRANCHISE AMENDMENT AGREEMENT
Act of 1984 on the original provisions of the Franchise
Agreement. In addition, Grantee has requested and Gran-
tors have agreed to relieve Grantee of certain obligations
which are clearly enforceable by Grantor under the Act.
Grantor would not have done so if it did not have Grantee' s
assurances that it would abide by the entire terms of
the amending agreement.
The parties intend and believe that all of the provi-
sions hereof are consistent with and permitted by The Cable
Communications Policy Act of 1984 . Grantor would not have
entered into this Franchise Amendment Agreement but for
Grantee's representation that the following provisions would
not be subject to challenge: (1) the provisions for setting
rates and installation charges for users of the Public Com-
munications Network; (2) that any extensions of the term of
the franchise do not constitute renewal of the franchise
under said Act; (3 ) that the time value of money is fully
accounted for in the method agreed to for crediting repay-
ment of advances on franchise fees; (4 ) that there need be
no compensation paid to Grantee if the Public Communications
Network is accepted by the Commission; and (5) that the
provisions of Section 8.7 Consumer Protection Standards and
Penalty Guidelines are enforceable. The parties agree that
they are estopped from challenging in any judicial proceeding
I the validity or enforceability of the specific provisions of
the Franchise Amendment Agreement set forth in the preceeding
sentence based on the terms of the Act as it is written on
s the effective date of the Franchise Amendment Agreement.
Ll/ The parties recognize that amendments to the Act or
further action of Federal or State regulatory or Judicial
authorities may occur. As to the five enumerated items, the
parties intend that the existing provisions of Section 14.6 ,
14 .7 and 14 .8 of the Franchise Agreement and Section 625 of
the Act shall control in the event of changes in circumstances
other than judicial interpretations of the existing provisions
of the Act that adversely impact the Grantee 's performance.
SECTION XI.
This Franchise Amendment Agreement is executed in trip-
licate original by Grantor, Grantee and Parent Corporation.
Execution hereof by the below-signed officers of Grantee and
Parent Corporation is in accordance with an appropriate
corporate resolution. The timely filing of a copy of the
corporate resolution and one fully executed original of the
Franchise Agreement with the below subscribed Grantor in
accordance with Section 3.7 of the Franchise Agreement,
shall constitute formal written acceptance. This Franchise
PAGE 19 - FRANCHISE AMENDMENT AGREEMENT
Amendment Agreement shall be null and void unless agreed to
by all fifteen member jurisdictions of the Metropolitan Area
Communications Commission. This Amendment Agreement shall
take effect on the day following the execution of this Agree-
ment by the fifteenth member jurisdiction of the Commission
to do so.
Subscribed, executed and entered into by
C,fu e'i Tg Grantor, this day
of Or -"Ae4 1985.
Grantor
By�,2x I✓V(_
Title:
Attest:—
Title:
ttest:Tit1e: ?'tiG.�-cam L,?�✓u--P7JI/
Approved as to form:
Title:
5 Subscribed, executed and entered into by Storer Metro
Communications, Inc. , Grantee, this ay of
1985.
Storer M ro Communis t' , Inc.
By K a
Title: President
Subscribed, executed and entered into by Storer Communications,
Inc. , the Parent Corporation to Grantee, this day
of , 1985. Z
Storer omUtagwer'
i0
By e
V
Title President
PAGE 20 - FRANCHISE AMENDMENT AGREEMENT DEC - 2,1985
\
'
CITY OF TIIARD, OREGON
'
RESOLUTION NO. 85—Iy
A RESOLUTION ADOPTING A CERTAIN AGREEM[NT TO AMEND THE CABLE COMMUNICATIONS
SYSTEM FRANCHISE AGREEMENT BETWEEN ll1E CITY OF TZGARD AND ST0RER METRO
COMMUNICATIONS, INC.
_
WHEREAS' the City of Tigard is a member of the Metropolitan Area
Communications Commission, (hereafter "the Commission"); and
WHEREAS' the members of -the Commiyoi/n entered into a cortain cable
communications system franchioe agreement between the jurisdictions
participating in the Metropolitan Area Communications Commission and Storer
Metro Communications, Inc. ; and
WHEREAS, the Commission, based on the recommendation of its Franchise
Renegotiation Policy Committee and after conducting public hearings has
recommended that certain amendments to the Franchise Agreement should be made
to the Franchise Agreement entered into by the member jurisdictions and Storer
Metro Communications, Inc. ; and
WHEREAS, the Council has deemed it to be in the furtherance of the public
interest and welfare of the citizens of the City of Tigard, Oregon to adopt
the amendments to the Franchise Hgreement
/ .
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section ; The City Council hereby adapts the agreement to amend the cable
communications system Franchise Agreement between the member jurisdictions
participating in the Metropolitan Area Communications Commission and Storer
Metro Communications' Inc. ' that have been developed, approved and forwarded
by the Commission to the City . A copy of the Franchise Amendment Agreement is
attached hereto, marked Exhibit "A" and by this reference incorporated into
this resolution as though fully set forth herein.
Section : The Mayor is authorized to and shall execute and anter into the
Franchise Amendment Agreement on behalf of the City of Tigard and the City
Recorder shall attest to the Mayor' s signature. Following execution' the City
Recorder shall deliver to the Commission Chairman a true copy of the
Resolution and three duplicate originals of the Franchise Amendment Agreement
properly executed by the Mayor and attested by the City Recorder.
PASSED: This day of ' 1985.
City of Tigard
ATTEST: ���=_
WORK PROGRAMS - UTILITIES 6 FRANCHISES
FY 1986-87
lull Aug Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June
COMMITTEE BUSINESS
o Chairman Election/Organization Sub-Committees/Mo, Meetings Monthly Meetings Schedules... Chair/Workplan
..........�.......�.�... .. .... ....................................................................
o eoardsmanship/Training Boardsmanship Advanced Workshop
o Minutes C Clerical Support City Staff Support... Committee Support...
t RECYCLING PROGRAM (Sub-Committee
o Review Current Programs CC Periodic Review CC Report
T- .............................................................
o Regulatory Agencies i City ORS Report ORS/OAR CA
o Review Other Cities .(BV L WL) Beaverton... West Linn... Others
o Review Franchise Agreements ............................. ..............................
o Define 6/86 Standard t Monitoring CC
o Program i Education Metro... DEQ... Newsletter... Tigard Info. Programs...
SOLID WASTE FRANCHISE (Sub-Committee
Cr
o Franchise Review CC
o Rates Review iterion/Standards Report CC
o Regional Issues Transfer Station...Landfi11 Sites
�ARY SEWER UTILITY
{ CIP i Public Facility Plans Public Facility Plans...Master Plan...Capital Improvement Plan
i
I' o Operations Review Operations Review
j o Rates Review Criterion/Stds. Review/Recommendation
STORM DRAINAGE UTILITY
1 q( CIP C Public Facility Plans Master Plan...Public Fac. Plan CIP f
i o Operations Review Operations Review
o Rates Review _. _ _-__ - __._.___._.__._ __._ i Basic Rates Review...BC Criterrii2n/Stds Rev/Recommend.`'�_�;
OTHER FRANCHISES ORS/ODR?
o GTE/PNB FG Extended Area Service? Franchise Review 6 PUC
o Northwest Natural Gas Franchise Review t PUC
o PGE Franchise Review t PUC
o Storer Cable TV
(0513F)
M
CD
00
O
0° Recycling
Information
Center
Monthly Report
c August 1987
5,
t
METRO
t
Metro's Recycling Information (RIC)
was established in 1979 to provide
the tri-county region with a
centralized resource for recycling
and waste reduction information.
This combination report/newsletter
is published monthly and gives a
summary of the source of calls
received, type of service being
sought and totals the number of
calls for each recyclable material .
A brief market report as well as an
update of current Metro activities
and a regional calendar of events
Is also included.
For information on any aspect of
recycling, call or write:
r
METRO RECYCLING INFORMATION CENTER
2000 SW FIRST AVE.
PORTLAND, OR 97201
224-5555
MONTHLY REPORT
AUG '86 - AUG 187
AUG '86 $ OF AUG 187 $ OF
CALLS CALLS
r M O 1� ♦-
x N M
I
„d TOTAL CALLS 1,585 1,359
Average per day 75 65
N O)
N REQUESTS FOR DROP CENTERS 658 42$ 789 58%
NOR
w� a d REQUESTS FOR PICKUP 511 32% 128 9$
F7 N1 Hf+
zi (t �i U i REQUESTS FOR CURBSIDE N/A 201 15%
r r N N REQUESTS FOR MARKETS 141 9$ 124 9%
1
a a REQUESTS FOR INFORMATION 275 17% 91 7%
& � O
n UEZ
REQUESTS FOR WRITTEN
°W INFORMATION 136 108
Handbooks 13 10$ 16 15%
' General Packet 105 77% 68 63$
1
Cq N Office Packet 4 3% 2 2%
Market List 0 0$ 6 6%
Q N Al Other 14 10% 16 15$
a
ow
U ; In SOURCE OF CALLS
O (p z CO O ti Multnomah County 1,197 76% 26 2$
s. rn z T N N Washington County 172 11% 227 17$
N Clackamas County 185 12% 159 12%
a City of Portland N/A 927 68%
H :D N c, West Linn N/A 4 0%
A H Out of Region 25 2% 16 1$
N 0) (D MATERIAL REQUESTS $ chg
a w r r N Newsprint 389 393 1%
a Glass 401 286 -29%
Cardboard 256 130 -49$
'
Office paper 29 18 -38%
Scrappaper/Mag/Phone 110 175 59$
T- co Tin Cans 276 197 -29%
t N Scrap Metal/Alum 113 190 68%
p 1 Plastic 56 47 -16%
Tires 43 46 7%
R z.
Motor Oil 73 139 90$
8 Yard Debris 138 139 1%
Misc/ 140 124 -11$
Special Waste 6 37 517%
Garbage N/A 35
1 2 1
MONTHLY REPORT
JUNE '87 - JULY 187
JULY '87 1 OF AUG '87 i OF
CALLS CALLS
LA N a (7) (O
r r N
H i
TOTAL CALLS 1,765 1,359
Average per day 80 65
q* *" w 00
REQUESTS FOR DROP CENTERS 874 50% 789 58%
� ay
REQUESTS FOR PICKUP 186 11% 128 9% LL o
REQUESTS FOR CURBSIDE 356 20% 201 15% i
REQUESTS FOR MARKETS 138 8% 124 9% N
REQUESTS FOR INFORMATION 211 12% 91 7% H z H
REQUESTS FOR WRITTEN Wi 8
INFORMATION 114 108 M u
Handbooks 8 7% 16 8% Lii to M Q
General Packet 81 71% 68 63% G m N r N M
Office Packet 6 5% 2 2% `�
Market List 1 1% 6 61
Other 13 lit 16 15% �/�
SOURCE OF CALLS CL 3
LO
Multnomah County 51 31 26 2% W r" N N
r
Washington County 229 138 227 17% co A
Clackamas County 172 10% 159 12% co
City of Portland 1272 72% 927 68% q a
West Linn 10 1% 4 0% 1
Out of Region 31 2% 16 18
V— 00
MATERIAL REQUESTS %CHG r N N
Newsprint 412 393 -5%
Glass 485 286 -41%
Cardboard 54 130 141%
Office paper 45 18 -60%
Scrap paper/Mag/Phone 51 175 243%
Tin Cans 392 197 -50% (p M 0 N
Scrap Metal/Alum 132 190 44% r N
Plastic 66 47 -29% "
Tires 42 46 10%
Motor Oil 175 139 -21% N z
Yard Debris 156 139 -11%
Misc/ 154 124 -19%
Special Waste 34 37 9%
Garbage 56 35 -38%
2 1 1
MARKET REPORT
August 1987
Material High Low Avg
Newsprint 45 30 40
SOLV ACTIVITIES
Cardboard 60 40 54
Stop Oregon Litter and Vandalism (SOLV)
fall clean-up projects are being kicked Ledger (white) 100 50 67
off with Public Lands Clean-Up Days Sept.
13-19, followed by Metro' s Recycling Ledger(color) 50 20 36
Awareness Days Oct. 3-10 and Get the
Drift beach cleanup on Oct. 10. For more Computer Paper 190 140 150
information, call the Recycling
Information Center. Tab Cards 190 120 151
Glass (br.-cl . ) 40 20 28
Glass (green) 40 20 28
Tin cans 15 10 12
METRO NEWS
* Aluminum .421b .071b .231b
Pat Vernon of the Recycling Information
Center has been reassigned within the * Cans .481b .091b .261b
Metro Solid Waste Department and she will
be working in the waste reduction * Foil .251b . 101b . 151b
component of the department.
* Unclean .091b .021b .071b
* Sheet/cast . 501b . 261b .421b
* All prices per ton except aluminum
which is cents per pound.
1 0 3
* * * COMING EVENTS
RECYCLING AWARENESS DAYS
The kickoff for this year's Recycling
Awareness Days is Recycling Awareness Da
at the Zoo, scheduled or Oct. 3.
Members of 11 agencies and companies
concerned with recycling have joined in
the zoo day effort. Zoo animals whose ;
wild habitats are affected by recycling
will be highlighted, and 15 activities .3r
will provide information for the whole
family about what, how and why to �I
recycle . Special attention will be i
focused on a global awareness of
recycling and how each of us can make a i S
difference. � 1 i
Volunteers are needed. If you are a;
interested, please call Lauren Tissol at
221-1646.
4 9
PHONE BOOK RECYCLING
OFFICE PAPER RECYCLING
The Lions Club is busily preparing for
Lauren Tissol of Metro's Public Affairs this years ' Operation Phone Book. Metro
department attended the Business to will be helping by making space available
Business Trade Show Aug. 13 in Beaverton in the Recycling Information Center for
to promote office paper recycling. On one of their members. The designated
Aug. 17, she teamed up with a repre- person/s will be available to schedule
sentative from Weyerhaeuser to give an heavy-user pick up of phone books . In
office paper recycling presentation to previous years, the RIC staff referred
the Army Corps of Engineers in downtown calls to a Lions hotline. This year,
Portland. To encourage Corps employees with everyone in the same office,
to recycle their office paper, Metro is callers will get all the information they
exhibiting an office paper recycling need with one phone call .
display in the lobby of the Corps
building for the first two weeks of their Metro staff will also be involved on the
recycling effort. planning committees of this years'
campaign, helping with design of an
insert for the new phone books
encouraging recycling and coordinating
government assistance.
Be aware that new phone books will start
delivery:
Oregon City Oct. 6
Portland Nov. 3
Washington Cty Nov. 30
Gresham Dec. 7
8 5
MARKET REPORT - AUGUST 1986/AUGUST 1987
Dollars/Ton
1
0 20 40 60 80 100 120 140 160
Newsprint
Cardboard
Ledger Paper
White
Ledger Paper
Colored
Computer
Paper
Tab Cards
Glass
Brown/Clear
Glass
Green
Tin Cans
1986
Cents/Pound
0 10 20 30 1987T}�
Aluminum 1I I f 1111
6 7
Recycling Awareness Day at the Zoo
Saturday, Oct. 3
loam - 4pm
a.a
Enjoy a day at the zoo and find out more about recycling
too. Eleven governmental and private industries from the
metropolitan area have joined to present the second annual
Recycling Awareness Day at the Zoo.
-Games, skits, and displays about aluminum, plastic, paper,
yard debris, motor oil, and glass recycling.
- Meet Cool Can, Mr. Trash, Woodsy Owl, and Mr. Cardboard.
- Recycling trucks and trailers on the zoo grounds.
To volunteer to assist for 4 hours at these activities, call Lauren
Tissol at Metro, 221-1646, by Sept.. 21.
METRO
MEMORANDUM
CITY OF TIGARD' OREGON
TO: Members of Utility and Franchise Committee September 22, 1087
FROM: Wayne Lowry, Finance Director
SUBJECT: Study Session with City Council.
As discussed at our last meeting, a Study Session with the Tigard City Council
will take place on Monday, September 28, at 6:30 P.M. in the Town Hall
Conference Room. The enclosed list of discussion topics was included in the
Council packet given to Councilors on September 21 for the September 28 Study
Session.
br/1012D
'
COUNCIL/UTILITY AND FRANCHISE.
STUDY SESSION TOPICS
9/28/87
Some of the suggested discussion topics are:
14,(e 4
• Accomplishments of Committee
e 7",
• Sanitary Sewer Utility
City Operations
CIP Needs
USA Agreements/Annexations
• Storm Drainage Utility
City Operations
CIP Needs
Tualatin River/Regional Issues
—
• Other Franchises >
S
GTE/PNB
Northwest Natural Gas
PGE
-j/ Cab I e TV
• Review Committee Role and Council Expectations
sb/0961D
"T
WASHINGTON
COUNTY, COUNCIL MAIL
OREGON
To Mayors and Other Interested Parties:
Enclosed for your information are the minutes from the August 19, 1987 meeting
of the Washington County Garbage Coordinating Committee. During this meeting
we formulated our main goal of privatization and grouped our remaining goals
and objectives. Mayor Huffman, Mayor Clark and myself will be presenting this
list at the Joint Regional Solid Waste Management meeting scheduled for Friday,
September 11, 1987. All interested parties are encouraged to attend and a
meeting notice has been included for your convenience. If you have any
comments regarding the goals please contact me.
Sincerely,
-,J &— L Av-��
Steve Larrance
2736M
County Administrative Office
150 North First Avenue Hillsboro,Oregon 97124 Phone:503 648-8685
SOLID WASTE MANAGEMENT PLAN MEETING MINUTES
August 19, 1987
Participants: Steve Larrance, Washington County Commissioner; Julie Milam,
Washington County Administrative Office; Gayle Welsh, Washington County
Administrative Office; Marilyn Matteson, Metro; Shirley Huffman, City of
Hillsboro; Jeanne Percy, City of Durham; Mary Taylor, City of Durham; Kevin
Martin, Washington County Land Use .& Transportation; James E. Wagenblast,
Valley West Refuse Disposal Inc. ; Urry Cole, City of Beaverton; Clifford
Clark, City of Forest Grove; Harry Olson, City of King City; William E. Stark,
City of Wilsonville; Richard Daniels, Waste Management, Inc. ; Jerry Taylor,
City of Cornelius.
Opening remarks by Commissioner Larrance: Commissioner Larrance advised that
he had met with the City Council of Forest Grove. Commissioner Larrance also
met with the Washington County Solid Waste Advisory group and met with the
Washington County Haulers Association on August 13, 1987. The Hauler
Association supplied Commissioner Larrance with their own goals. The haulers
explained the recycling program Yamhill County has, although concern over the
type they have was expressed as Washington County has the curbside recycling
program and the other type would need some policing of the drop-off centers.
The haulers are also concerned with commercial waste as there is more potential
to turn it into a profit.
Prioritizing Values: Commissioner Larrance went over the list and felt #6, 7,
13 & 19 be combined; 8 & 9 be combined; 11 & 12 be combined, and felt 20 could
be dropped as it was a restatement of #16. The participants were in agreement
with this.
Shirley Huffman felt that interest in privatization should be stressed and that
#1 on the list should be expanded to include privatization. Felt the goals
should be stated as "Adopt a policy of privatization of hauling solid waste".
Larry Cole, Shirley Huffman & Clifford Clark felt that with regards to #14,
people who respond to RFP should know where the growth should be & what kind of
growth is expected and that this information would be available from local
entities. Clifford Clark felt that private industry may not have the expertise
to deal with RFP's. Larry Cole felt each zoning ordinance should provide for
sites.
Shirley Huffman felt a firmer stand be taken with Metro and let them know the
goal of Washington County is to move to privatization. Haulers were asked how
they felt about this. Ed Wagenblast felt that the haulers would be receptive
to this. It was felt that if our group came up with a plan that has the
backing of government, private industry and the public it would be hard for
Metro to reject.
Clifford Clark felt a subcommittee should be formed to work on list. It was
decided that Commissioner Larrance would recondense the list, go over it with
Shirley Huffman and it would then be sent out to everyone. It was also decided
#1 would be the goal - adopting privatization and that the others would be
objectives under the goal, see attached list.
Technical Committee: Commissioner Larrance stated he felt a Technical
Committee is not needed until they see how Metro reacts. Until Metro makes a
decision a technical group would not have anything to do. Commissioner
Larrance felt that each jurisdiction,_should have a-'technician to receive
information and react to anything that comes up.
Next meeting set for September 17, 1987 at 9:30 am,Room 408, Washington County
Administrative Building.
Note: The G-Pac/G-Tac combined meeting for Mayors Clark and Huffman,
Commissioner Larrance, and Jim Rapp will be on September 11, 1987 8-11 am at
the Home Builders Building on Bangy Road.
2721M
WASHINGTON COUNTY GARBAGE COORDINATING COMMITTEE
GOALS AND OBJECTIVES
GOAL: Adopt a policy of privatization of solid waste handling. Metro will
then solicite thru an RFP process the-• necessary privately owned
facilities and sites within Washington County. The following
objectives should be considered in developing the RFP.
OBJECTIVES
FACILITY REQUIREMENTS
1. Conform to the needs of existing franchised haulers and the recycling
industry.
2. Function within the adopted Land Use regulations as much as possible.
3. Utilize existing and planned transportation system.
4. Spread impact throughout the County in order to facilitate implementation.
5. Consider public opinion which has favored siting facilities within areas of
generation. i.e. handling ones own waste
6. Locate waste generation centers (and potential centers) . Site facilities
to handle. This must include large industrially designated areas
identifying sites or potential sites.
7. Conditions within each jurisdictions land use regulations to properly
condition sitings:
a) Transportation facilities e) Waste water disposal
1. Freeway proximity f) Site water runoff
2. Access potential of site g) Noise
3. Probable routing to and from site h) Odor
4. Truck traffic impacts i) Pests
b) Buffering j) Litter
c) Proximity to other uses
d) Hours of operation
8. Citizen drop off points as separate facilities from professional hauler's
facilities (all privately owned and operated) .
9. Differentiate between industrial and residential waste generators.
1) Their outputs
2) Recycling potential
3) Other needs
GARBAGE COORDINATING COMMITTEE
GOALS AND OBJECTIVES
PAGE 2
GOVERNMENT REQUIREMENTS
1. Local governments to facilitate process of sitings.
2. Work with industry and Legislature to regulate plastic packaging at
statewide level.
RECYCLING PROGRAM
1. Create market for recycled materials.
2. Expand public awareness of necessity and procedures for individual and
group recycling.
3. Offer financial incentives to commercial entities and households for
recycling.
4. Work toward consistency within countywide system of recycling process.
ALTERNATIVE TECHNOLOGIES
1. Examine alternatives to extensive use of landfills; i.e. , burners and
composting. Explore methods for disposal of ash and use of burner
by-products: heat, electricity, ash.
METRO CONTRIBUTIONS
1. Re-affirmation of the regions' public information program regarding
"garbage awareness" .
2. Breakdown of current operating costs of existing solid waste facilities vs
revenues from the various entities (i.e. Washington County citizens)
utilizing these services.
Joint Regional Solid Waste Management Meeting
The meeting will be held Friday, Sept. 11, 1987, from 8 to 11 a.m. in
the Education Center at The Home Builders Association "Housing
Center," 15555 S.W. Bangy Road, Lake Oswego, Oregon.
Park in the lot near the freeway and use the first floor entrance
marked "Education Center" facing the freeway.
PorVand
Beaverton
217 Exit 292
Tigard
Bonita Rd. f Lake Oswego
[ ( I The Housing Center
To 1-205
Take exit 292 North or South from 1-5.
Then go South on Bangy Road to the Housing Center.
(The facility is on the east side of the freeway.)
MEM_.,
Memorandum
2000 5.W.First Avenue
Portland,OR 97201-5398
U*. 503!2.21-1646
Date : September 10 , 1987
T0: City and County Administrators and Planning Directors
From: Mel Huie, Local Government Coordinator ,
Re: Solid Waste Management Plan Meeting:
Tuesday September 22 , 1987 , 10 : 00 AM - 12 : 00 PM
I hope your jurisdiction is planning to have a representative
attend this important meeting. Your jurisdiction's participa-
tion is needed as Metro embarks on the important planning
process .
Please feel free to call me if you have any questions .
MH:dlb
Attachment