Loading...
HomeMy WebLinkAboutOrdinance 15423-15-85 :. ,. ,= ,~ .... ~,.. ~ . .~: ~~. ORDINANCE N0. 1542 AN•ORDINANCE GRANTING ;TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY THE RIGHT AND PRIVILEGE TO CONDUCT A GENERAL COMMUNICATION BUSINESS: ' ~ TO MAINTAIN AND TO ERECT AND OPERATE e POLES, WIRES AND OTHER APPLIANCES WITHIN THE CITY OF CENTRAL POINT THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON DO ORDAIN AS FOLLOWS: Section 1. Definitions and Explanations. (1) As used in this ordinance: (a) "City" means the City of Central Point, Oregon, a ~.munieipal corporation, and the area within its boundaries, including --tsFboundaries, and extended in the future. (b) "Grantee" means the Pacific Northwest Bell Corporation and its successors and assigns. (c) "Facilities" including all communication facilities r ~-' located on, over or under any street, bridge or public place., (d) "Person" includes any individual, corporation, asso- ciation, firm, partnership and joint stock company. (e) "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. (f) "Street" includes a street, alley, avenue, road, boulevard, thoroughfare, public way or public highway within the City, but does not include a bridge. (g). "Bridge" includes a structure erected within the City to facilitate the crossing of a river, stream, ditch, ravine, `':str:eet, r-ailroad, or other public place, but does not include a Page: ~l' - Ordinance No . 154 2 t (2)-- When"not inconsistent with the context, words used in the present tense include the future, the words-in the plural form . . include the singular number and words in the singular number include the plural number. (3) Unless otherwise specified in thisYordinance 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. There is hereby granted by.City anon-exclusive telephone and telegraph franchise to Grantee, with the right"and privilege to do a general communication business within the:City and to place, erect, lay, maintain and operate in, upon, over and under the streets, bridges, and public places., poles, -wires and other"appliances and conductors for all te,lephone,_tele- graph and other communication purposes. Such facilities may be strung upon poles or other fixtures above ground, provided, however, that City shall have discretion to require underground installation in cases~of new developments, reconstruction of"streets or street improve- ment"s. The City shall have the right, during the life of this fran- chise, to install"and maintain upon the poles and in the conduits of, the Grantee, at reasonable charge, any facilities, wires and fixtures necessary"for police., fire and emergency medical services communication systems, on the condition that such facilities, wires or fixtures do not "nterfere with"the system operations of the-Grantee. Section 3. Street., Excavations. Subject to all rules, regula- tions, ordinances or orders of City, Grantee, upon obtaining approval as""hereinafter required, shall have the right to make all necessary " ~" ~exeavations in any of such streets, bridges and public places ,for -, Page"-2. -.=-Ordinance No. 1542 ., - .., . tYie purpose of placing, erecting, laying and maintaining poles, or ,other supports or conduits for said wires and appliances and ~auxihia'ry apparatus or repairing, renewing or replacing the same. Except .in emergencies,•prior to making an excavation in the .traveled portions of any street, bridge or public place, and when required by City, in any untraveled portion of any street, bridge or any public place, Grantee shall obtain from City .approval and necessary permits for the excavation and of its location. Section 4. Street Restoration. Whenever Grantee shall disturb - any of the streets, bridges or public places for the purposes afore- said; it shall restore the same to good order and condition as soon as .practicable without unnecessary delay, and failing to do so City shall=have the right~to fix a reasonable time within which such .',, ` repar•s.=and'restoration of st-Teets shall be completed, and upon failure of such. repairs. being made by Grantee, City shall cause such repairs to be made at the expense of Grantee, and the cost of making the:_restoration, including the cost.of inspection, super- vision and administration, shall be paid by Grantee. Section 5. Location of Facilities. When by reason of concen- tration of business and traffic on any street, bridge or public place, it is, in the opinion of City, essential to the safety of property and the convenience of the public that all poles 'and over- head wires be removed from said street, bridge or public place, City ' may by resolution declare such condition to exist, and thereupon Grantee shall, within such reasonable time as City may allow, proceed to cause all poles and overhead wires to be removed from said street, - bridge or-public place and place same upon some other street, bridge or~public place, or cause said facilities to be buried beneath the Page 3.-„Ordinance No. 1542 1 ~ ~ - surface of said street, bridge or public place, as City may direct. Sectom~6. Relocation of Facilities. Nothing in this ordinance 'shall be construed in anyway to prevent the proper authorities of the City of~.Central Point from sewering, grading, planking', rocking, paving, repairing., altering or improving .any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds within the City"of Central Point in or upon which the poles, wires or other conductors of said company shall be placed, but all such work or improvements shall be done if possible so as-not to obstruct or prevent the free use of said poles, wires, conductors, conduits,. pipes, or other apparatus, and the moving of Grantee facilities, where required due to such work by the City,, will be done~by the Grantee without cost to the City. The City shall have the right to require relocation of facilities in the course of such work where deemed appropriate by City, but City shall not require Grantee to ..remove or relocate_its.facilities or vacate any street, alley or 'other public .way incidental to any public housing or renewal project under ORS GYiapters 456 and 457 without reserving Grantee's rights therein or without requesting that Grantee be compensated for the costs thereof. Section 7. Franchise Not Exclusive. This franchise is not exclusive,-and shall. not be construed as a limitation on City in: (T) 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 ,including any communication facilities. `~S~ection= S. Safety .Standar,ds and ~~Jork~ Specifications. „ ~~,;,.`,(1) The facilities of Grantee shall at all times~be maintained ;Page 4~. _ .Ordinance No. 1542 / . in a safe., substantial and workmanlike manner. (2) The location, construction, extension, installation, maintenance, removal and relocation of the facilities of Grantee shall conform to the requirements 'of state and federal statutes, and regulations ,adopted pursuant thereto, in force at the time of such work. Section 9...Movin.g of'~.Buildings and,. Other Objects. (1) Within a reasonable period after receipt of notice in writing from any person desiring to move a building `or other object, the. Grantee shall temporarily raise, lower or remove its facilities upon any street, bridge or public place when necessary to permit the person to move the. building or other object across or along such .street, bridge or public place. The raising, lowering or removal of the facilities of Grantee .shall be in accordance with all applicable ordinances and regulations of the City. If Grantee, because of con- ditions not within its control, is unable to perform within a reasonable period City may, on written request, extend the period of performance for such additional time as it finds to be reasonably necessary. (2) The notice .required by subsection ( ) of this section shall bear the approval of such official as City shall designate, shall detail the route of movement of the building or other object and shall provide that the actual expense incurred by Grantee in making the temporary rearrangement of its facilities, including the cost of Grantee of any interruption of service to its customers caused-thereby, will be borne by the person .giving the notice, and shall further provide that the person giving said notice will ;:indemnify and save Grantee harmless of and from any and all damages !Page 5 - Ordinance No. 1542 or claims of whatsoever kind or nature caused directly or indirectly by such temporary rearrangement of Grantee's facilities. (3) Grantee before making the temporary rearrangement of its facilities, may require the person desiring the temporary rearrange- ment to deposit cash or a good and sufficient bond, at the option of the person, to secure payment of the costs of rearrangement as estimated by Grantee. Section 10. Compensation. (1) In consideration of the rights, privileges, and franchise hereby granted to Grantee, Grantee shall pay City from and after the date of the acceptance of this franchise, and until its expiration, annually, three percent (3~) per annum of its gross local service revenues derived from services within the corporate limits of the City of Central Point for the period covered by the payment ,.less net uncollectibles and revenue paid directly by the United States of America or any of its agencies. Payment of said three percent (3~) shall be made on or before the fifteenth day of March for,.. each .and every„year, for the calendar year preceding. For the period May 25, 1984 to the effective date of this franchise ordinance, the franchise ;fee iri Ordinance No. 1142 of the City of Central Point shall apply. (2) Grantee shall furriish'to City with each payment of compen- cation required by this section, a signed written statement showing the-amount of Grantee's gross local service revenues derived from the operation of telephones located within the corporate limits of ~tfie City .for the period covered by the payment. If Grantee fails to pay the ,entire amount of compensation due City through .error or `Page 6 - Ordinance No. '1542' • Y ~~ ~. ~ . otherwise, the difference due City shall be paid by the Grantee within a reasonable time from discovery of the error of determination ` of the correct amount. Any overpayment to City through error or otherwise shall be offset against the next payment due from Grantee. (3). Acceptance by. City of any payment due under this section shall not be deemed to be a waiver by City of any breach of this franchise occurring prior thereto, nor shall the acceptance by City of.;:any, uch payments preclude City from later determining that a ~~ larger amount was actually due, or from collecting any balance due to "City . :.(4) The payments made pursuant to subsection (1) hereof shall not be accepted in payment of any of the following: (a) Any and all water and sewer charges. P (b.) Ad valorem property tax now or hereafter levied against real or personal :property of Grantee situated within City; (.c) Local improvement assessments; (d)~ Building permits, or permits related thereto, imposed pursuant to building, electrical or similar regulatory codes, and any land development or construction''fees or charges, any of which are adopted as ordinances and of general application in the City-, x provided, however, no fee or charge shall be made for any permit, "inspection or other service relating to the opening, or use, of a public street, bridge or public place; (d) Reimbursement or indemnity paid to City; (e) Any City income or sales tax hereafter adopted, to the extent. that such tax is generally applicable within the City. ~.=~-Sudh'3o payment made .by the Grantee will be accepted by City from, ,_.' Page' 7 -, Ordinance No. ~ 1542 Grantee, also in payment of any license; privilege or occupation tax"or fee for revenue or regulation, or any permit or inspection - `fees or similar charges for street openings, installations, con- ,struction or for any other purpose now or hereafter to be imposed by City upon„Grantee during the term of this franchise, except as~"provided in subsection (4) of this section. Section. ll. Books of Account. Grantee shall keep accurate books of.account for the purpose of determining. the amounts due to City under Section 10 of this ordinance. City may inspect the books of account at any time during business hours and may audit the books from time to time. Section. l2. Supplying Maps Upon Request.' Grantee shall main- tain maps pertaining~to its operations in City. If requested .to do so, Grantee shall furnish to City, without charge and within a reasonable time, maps showing the location of the facilities of Grantee .in specified areas of City. Section 13. Indemnification. Grantee hereby agrees and cove- nants to indemnify and save harmless City, its officers, agents and employees from any damages, costs and expenses arising from any - injury to 'person or property caused in whole or in part by any negligent act or omission of Grantee, its agents or employees, in exercising the rights or privileges granted herein. Section. l4. Assignment of Franchise. This 'franchise.s.hall_be -binding upon and inure to the benefit of the successors, legal representatives and assigns of Grantee. No transfer of this fran- -"chise by merger, consolidation, sale, assignment or otherwise shall ... ~~be.;made~unless-City first consents byreaolution; provided, However,` ~_ that said consent shall not unreasonably be withheld. " ..,Page-8 = Ordinance No. 1542 . ,. ~. , ,. ;~:' . , ' Section l5. Termination of Franchise for Cause. Upon the "failure of Grantee, after ninety (90) days notice and demand in writing, to perform promptly and. completely each and every term, condition or obligation imposed upon it under orspursuant to this ordinance, City may, at its option and in its sole discretion, by ordinance or resolution, terminate this franchise. Section 16. Remedies Not Exclusive:.; When Requirement Waived. All remedies and penalties under this ordinance, including termina- Lion of the franchise, are cumulative, and the recovery or enforce- ment 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 ordinance, including termination of the franchise, are not exclusive, and City reserves the right to enforce the penal provision 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 construed as a waiver of a breach of any. term, condition or obligation imposed upon Grantee by or pursuant to this ordinance. 'A specific waiver of a particular breach of any term, condition or obligation imposed upon 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 17. Electronic Switchin It is understood and agreed between the parties that Grantee is engaged in a comprehensive system-wide planning program for the replacement of its remaining electromechnical central offices, and Grantee represents that it.. ` will exercise its best efforts toward said replacement, and installa- ton.gf an electronic switching system within the City at the_e'arliest '.Page 9~.- Ordinance No. 1542 ~,_ •" R -~~ .~ .. 5y feasible time. Section 18. Term. The within franchise shall be in effect for a~period of ten (10) years from and after the date that this ordinance becomes effective, except that it is understood and agreed that either party may, at any time within the 90 day period prior to the five year anniversary of the effective date, terminate and renegotiate the terms hereof, upon notice in writing to the other party. Section 19. This ordinance shall take effect and be in force - thirty (30) days from and after its passage and approval, and Grantee shall, within thirty (30) days of the passage and approval of this ordinance, file with the Administrator of City its written acceptance of all the terms and conditions-of this ordinance. Passed by the Council and signed by me in authentication of its passage this 18th day of April 1985. r~ Mayor ATTEST: ,City. Represe ative Approved by me this 23rd :Page 10 - Ordinance No. 1542 day of April 1985. -'" Mayor