HomeMy WebLinkAboutOrdinance 914
ORDINANCE N0.~I'-~
AN ORDINANCE GRANTING TO PACIFIC POWER & LIGHT COMPANY, A CORPORATION,
AND TO ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE LICENSE AND FRANCHISE FOR A
PERIOD OF TWENTY (20) YEARS TO CONSTRUCT, MAINTAIN AND OPERATE, IN AND ON THE
PRESENT AND FUTURE STREETS, ALLEYS, BRIDGES, MALLS AND PUBLIC PLACES OF THE CITY
OF CEN'PRAL POINT, JACKSON COUNTY, OREGON, ELECTRIC LIGHT AND POWER LINES AND
APPURTENANCES FOR THE PURPOSE OF SUPPLYING ELECTRICITY AND ELECTRIC SERVICE TO
THE CITY OF CENTRAL POINT, THE INHABITANTS THEREOF AND OTHERS, SUBJECT TO THE
TERMS AND CONDITIONS AND TO THE MAKING OF THE PAYMENTS SPECIFIED IN THE ORDINANCE;
AND PROVIDING FOR THE REPEAL OF ORDINANCE N0. 271 OF THE CITY OF CENTRAL POINT,
APPROVED MAY 12, 1949.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. The City of Central Point, Jackson County, Oregon, herein-
after called the City, does hereby grant to Pacific Power & Light Company, a
corporation, and to its successors and assigns, hereinafter called the Grantee,
a license and franchise for the period of twenty (20) years from and after the
effective date of this ordinance, to construct, maintain and operate in and on
the present and future streets, alleys, bridges, malls and public places of the
City (hereinafter referred to as "Streets"), electric light and power lines, with
sll the necessary or desirable appurtenances, for the purpose of supplying electri-
city and electric service to the City and the inhabitants thereof, and to persons
and corporations beyond the limits of the City, subject to the terms and conditions
and to the making of the payments hereinafter specified.
Section 2. Nothing herein contained shall be construed to be or be a
waiver on the part of the City of any right or rights it may have under or by virtue
of any statute of the State of Oregon now in force, or by virtue of any statute of
the State of Oregon as the same might valid]y app7,y in the future, applicable in the
City, governing the establishment and maintenance of electrical appliances and all
such statutes of the State of Oregon now in force, or which might have valid applica-
tion in the future, and applicable to the City, are hereby made parts of this franchise.
Section The locations and methods of installation and maintenance of
all .poles, wires, fixtures, underground lines or conduits and appurtenances shall
be subject at-all times to reasonable regulation by the Council of the City, or by
such committee of the Council or such official of the City as mqy be designated by
the Council; and all such poles, wires, fixtures, underground lines or conduits and
appurtenances shall be so constructed and maintained as to int rfere as little as
practicable with street or other traffic. All of such poles, wires, fixtures,
underground Linea or conduits and appurtenances shall be inst ed and at all times
maintained by the Grantee in safe order and condition and in accordance with good
..,electrical practice. Where relocation of any of the facilities of Grantee within a
street right of way is made necessary by the reasonable vehicle or pedestrian traffic
needs of City, Grantee shall, upon reasonable notice by City, move or relocate said
facilities at cost of Grantee, provided, however, that nothing contained herein shall
permit City the right to exclude Grantee from the reasonable use of said Streets by
'Grantee for said facilities.
Section 4. The service to be furnished hereunder by the Grantee shall be
continuous and shall be adequate for the requirements of the City and its inhabitants,
,subject to accidents, interferences or interruptions beyond the reasonable control of
the Grantee, and shall be furnished under such reasonable rules and regulations as the
Grantee may make from time to time for the proper conduct of its business. Such service
and sll rates and charges therefor, and all rules and regulations pertaining thereto or
to the 'making o£ necessary and proper extensions of service, shall be subject at all
'times to any rules, regulations and orders lawfully prescribed by the Public Utility
Commissioner of Oregon, or by any other authority having jurisdiction in the premises.
Section When necessary, in order to permit any duly authorized person
to move any building or other structure across or along any of said Streets, the
Grantee shall temporarily raise or remove its wires, fixtures and appurtenances
upon such Streets, upon reasonablelnotice in advance from the Recorder of the City,
and at such time and in such manner as may be necessary reasonably to accommodate
such moving, consistent with the maintenance of proper service to the Grantee's
customers' provided, however, that the cost to the Grantee of such temporary raising
or removal, and of any interruption of the Grantee's service to its customers caused
thereby, shall first be paid or satisfactorily secured to the Grantee by the owner
or mover of such building or other structure.
Section 6. The City shall have the right, upon reasonable notice and
without payment or charge therefor, to attach its fire alarm, police signal wires
or traffic control systems to the poles of the Grantee, but at its own risk and
only in accordance with good electrical practice. If there is not sufficient space
available thereon for said purposes, the Grantee's structures may be changed, altered,
or rearranged at the expense of the City so as to provide proper clearance for such
wires or appurtenant facilities. Such facilities shall be subject to interference
by the Grantee only when and to the extent necessary for t}~e proper construction,
maintenance, operation or repair of the Grantee's poles, wires, fixtures, conduits
and appurtenances,
Section The Grantee shall protect and save the City, its officers,
employees and agents, harmless against and frcml any and all damage claims, and
any and all loss, liability, cost or expense, occasioned by any negligent act or
omission of the Grantee in the construction, maintenance, operation or repair of
the Grantee's property or any use thereof; and the Grantee shall at all times
comply with aqy lawful present or future charter provisions, ordinances, rules
or regulations of the City relating to the manner of occupation or use, or to
the repair or improvement, of said Streets.
Section 3. The Grantee shall have the rlght and privilege of trimming
all trees which overhang said Streets, in such a manner and to such an extent as
will prevent the branches or limbs or other parts of such trees from touching or
interfering with its wires, poles and other fixtures and equipment; providing no
such trees are trimmed or cut back further than may be reasonably necessary to
prevent such interference and to allow the proper operation and maintenance of said
lines, poles and fixtures. Nothing contained in this Section shall prevent the
Grantee, when necessary and with the approval of the owner of the property on which
they may be located, franl cutting down and removing any trees which overhang said
Streets.
Section The Grantee shall pay to the City a franchise fee or charge
equivalent to three•percent (3~) of the Grantee's gross operating revenue as the
same is defined herein.
(a) "Gross operating revenue," as used herein, shall be defined as
the gross revenue from the sale of electricity and electric service within the
corporate limits of the City, other than such revenues which-are derived from
the sale of electric energy at wholesale in interstate commerce, or frame business
done with the government of the United States or any agency thereof, and after
deducting therefrom any amounts paid by the Grantee to the United States or the State
of Oregon as excise, occupation, or business taxes upon the sale or distribution of
electric service in the City. At the election of the Grantee, Grantee may also deduct
uncollectible revenues from customers within the City in computing gross operating
revenue.
(b) The amounts so payable by the Grantee shall not be in addition
to any other license, occupation, franchise or excise taxes or charges which might
otherwise be levied or collected by the City from the Grantee with respect to
Grantee's electric business or to the exercise of this franchise within the corporate
limits of the City; and the amount due to the City under achy such other license,
occupation, franchise or excise taxes or other charges for corresponding periods
shall be reduced by deducting therefrom the franchise fee or charge payable hereunder
by Grantee.
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Section 10. Upon the effective date hereof, but not
otherwise, Ordinance No. 271 of the City of Central Point, approved
May 12, 1948, is hereby repealed and of no further force or effect
thereafter.
SectioD 11. This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days following
the date of its final passage by the Council and its approval by
the Mayor of the City, but shall become null and void unless within
sixty (60) days after such effective date the Grantee shall file
with the Recorder the Grantee's written acceptance of the terms,
conditions and obligations to be complied with or performed by it
hereunder.
PASSED by the Common Council and signed by me in open session
in authentication of its passage this .s"~' day of ~.~
L G-[~f, ~
1968.
May r
ATTEST : ~{'~y(/J
City Recorder
Approved by me this ~~~ day of ~, ~ `,, 1968.
~!Iayor
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