HomeMy WebLinkAboutOrdinance 1400ORD:fl:NANCE NO a 1400
AN ORDINANCE GRANTING TO PACIFIC POSTER ~ LIGHT COMPANYs
A CORPORATIONS AND TO ITS SUCCESSORS AND ASSIGNSs A NONE~CLUSIiTE
RIGHT AND FRANCHISE FOR A PERIOD OF TWENTY (20) YEARS TO CON
STRUCTs MAgNTAIN AND OPERATES INS ON AND UNDER THE PRESENT AND
FUTURE STREETSS ALLEYSs BRIDGES AND PUBLIC PLACESTOF THE CITY OF
~iENTRA.L P®.LNT 9 JACi~B®N ~i®UNTY 9 ®REGON g ELE\iTRIC LIGHT AN/Dv P®g~ER
LINES A/NvvD A/P-~PURTgETN AvN IiES F®R ryTHE PURP®.~SE ®F SUPPLYING ELE\iTRJLCITY
AND ELyyEgg IiTRIIi SER V I\i yEq~ T® THE \iITY ®F G°gEgNTRA Li~/(P ®I pN1T ~ THE 9 I ®N HABIT°
ANTS TiBgE,g RTET®F AND ®TIYERSV~A!(SUBJECT T® THE TER!°1gSg A.LnD C®ND/LVT1®N CJ AND
T® THE 1°dAilING ®F THE PA 81°dENTS SPE ~iIFIED IN TdLE ®RDINANIiE~ AND
PROYI:DING FOR THE REPEAL OF ORDINANCE NO® 914 OF THE CITY OF
CENTRAL POINTS PASSED AND APPRO~TED MARCH 58 1968®
THE PEOPLE OF TF€E C1:TY OF CENTRAL POINT DO ORDAIN AS
FOLLOWSo
Seeti®n to The City of Central Points Jackson County,
Oregons hereinafter called the Citys does hereby grant to Pacific
Power ~ Light Company, a co°rpo~ratione and to its successors and
assigns, hereinafter called Grantees a right and franchise for
the period of twenty (2u~ years from and after the effective date
of this ordinances to constructs maintain and operate in, on and
under the present and future streets alley s bridges and public
places of the Citys hereinafter referred to as °°streets°°s electric
light and power lines with. all the necessary or desirable appur®
tenances for the purpose of supplying electricity and electric
service to the City and to the inhabitants thereofs and to persons
and corporations beyond the limits of the Citye subject to the
terms and conditions and to the making of the payments hereinafter
specified®
Section 2® The right and franchise hereby granted shall not
be exclusive; and the City expressly reserves the rights at any
time during the term of this franchiss to grant rights or fran0
chiles for such. purposes to other persons or eorporationss as well
Ordinance N®® 1400
as the right in its own. name as a municipality to use said
streets for such purposes in the event that the City shall here®
after decide to engage in the business of supplying electricity
and electric service for municipal or other usesa Ifs during
the term hereof, the City shall decide to engage in such business
and shall elect to acquire by condemnation or otherwise the
property used by Grantee in furnishing service hereunder no
value or damage or any kind shall be claimed by or allowed to
Grantee in respect to the unexpired term of the franchise hereby
granted®
Sect~on~0 The locations and methods of installation and
maintenance of all polesg wires, fixtures underground lines. and
appurtenances thereto (hereinafter referred to as 9°facilities'P)
shall be subject at all times to reasonable regulation by the
Council of the City; and all such facilities shall be so conc.
strutted and maintained as to interfere as little as practicable
with street or other traffic® All of such facilities shall be
installed anal at all times maintained by Grantee in accordance
with. good electrical practice®
Secti®n ~, The service to be furnished hereunder by
Grantee shall be continuous and shall be adequate for the require®
manta of the City and its inhabitants, subject to accidentsg
interferences or interruptions beyond the reasonable control of
Grantees and shall be furnished under such, reasonable rules and.
regulations as Grantee may make from time to time for the proper
conduct of its business® Such services and all rates and charges
therefor and all rules and regulations pertaining thereto or to
the making of necessary and proper extension of service shall be
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subject at all times to any rulesg regulations and orders lawfully
prescribed by the Public tTtility Commissioner of Oregong or by any
other governmental authority having jurisdiction thereof®
Sect~.on~® Tr~hen necessarys in order to permit any duly
authorized person to move any building or other structure across
or along any of said streets Grantee shall temporarily raise or
remove its facilities upon such streets upon reasonable notice
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
Grantee®s customers; provided however that the cost to Grantee
of such temporary raising or removal. and of any interruption of
Grantee's service to its customers caused thereby shall first be
paid or satisfactorily secured to Grantee by the owner or mover
of such building or other structurem
Section 6, The City shall have the right, upon reasonable
notice to Grantee anc~ without payment or charge therefore to
attach its fire alarms police signal wires or traffic control
systems to the poles of Grantees but at its own rids and only in
accordance with good electrical practicem ~Lf there is not suffi®
cient slsace available thereon for said purposes, Grantee's
structures may be changed, a.ltered~ or rearranged at the expense
of the Cii,y so as to provide proper clearance for such wires or
appurtenant facilities, Such facilities shall be subject to
interference by Grantee only when and to the extent necessary for
the proper constructions maintenances operation or repair of
Grantee's facilities®
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Section '7® Grantee shah protect and save the City its
officer.ss employees and agents harmless against and from any
and all damage claims and any and all loss liability cost or
expenses occasioned by any negligent act or omission of Grantee
in the constructions malntenance~ operation or repair of Grantee°s
property or any use thereof and Grantee shall at all times comply
with. any lawful present or future charter provislons~ ordinances,
rules or regulations of the City relating to the manner of occu-
pation or ~aseg or to the repair or improvement of said streetsm
Section Sm Grantee shall have the right and Privilege of
trimming all trees which. overhang said streetsg 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
facilities; providing no such trees are trimmed or cut back
further than may be reasonably necessary to prevent such Inter-
ference and to allogm the proper operation and maintenance of said
facilitiesm Nothing contained in this Section shall prevent
Grantees when necessary and with the approval of the owner of
the property on which they may be located from cutting down and
removing any trees which overhang said streets®
Section 9m (a~ Grantee shall pay to th.e City a franchise
fee or charge equivalent to three and one®half percent (32~~ of
Grantees gross operating revenue as the same is defined hereln®
(b) "Gross operating revenue°P means Grantee°s
gross revenues from the sale and use of electricity anti electric
service within the corporate limits of the city other than. such.
revenues derived from business done with. the government of the
United States or any agency thereof, and at'ter deducting there-
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from any amounts paid by Grantee to the United States or to th.e
State ®~ Oregon as excises occupation, or business taxes upon
the sage or distribution of electric service in the City® At
the election of Grantee,. Grantee may also deduct uncollectible
accounts of customers within the City®
(c~ Said franchise fee shall not be in
addition to any other licenses occupation, franchise or excise
taxes or charges which. might otherwise be levied or collected
by the City from Grantee with. respect to Granteees electric
business or the exercise of this franchise within the corporate
limits of the City and the amount due to the City under any such
other license, occupation9 franchise or excise taxes or Wither
charges for corresponding periods shall be reduced by deducting
therefrom the amount of said franchise fee paid hereunder®
(d~ Said franchise fee sha11 be paid monthly
on or before the 20th. of each. month during the term hereof, and
shall be computed upon the gross operating revenue accruing
during the previous calendar month or portion th.ereofm
Section 10® Upon the effective date hereofg but not other®
wise,. Ordinance No® 91~ of the City of Central Point passed and
approved larch 5~ 1968 is repealed®
Section 11® This ordinance sha11 take effect five (s)
days after. its enactment by the Council and approval by the
~ayor~ but shall become null and void unless within sixth (60)
days after such effective date Grantee shall file with the
Recorder Grantee®s written acceptance of the terms9 condition
Ord® # 100 page ~
and ®bligati®ns ~® he c®mpl.ied with ®r performed by it hereunderm
Passed by the C®unci]. and signed by me in authenticati®n
®f its passage this 7th day o~ Augusts 198Qm
A~rES~ m
l
cgty f, ec®rder
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Appr®ved by me this __~ day ®f Augusts 190®
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