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Home My WebLink AboutOrdinance 1635ORDINANCE NO. 1635 AN ORDINANCE AMENDING PROVISIONS OF ORDINANCE NO. 1610 (TELEPHONE FRANCHISE ORDINANCE) RELATING TO COMPENSATION AS SET FORTH IN SECTION 10 THEREOF WHEREAS, Ordinance No. 1610 adopted on November 17, 1988 granted a franchise to Pacific Northwest Bell Telephone Company and its successors and assigns, and WHEREAS, ORS 221.515 has redefined gross revenues upon which franchise fees may be levied, and further authorizes modification of said franchise fee from five percent (50) to seven percent (7o), and WHEREAS, the council finds and determines that pursuant to said statute, amendment of the compensation provisions of Ordinance No. 1610, as set forth in Section 10 thereof, is appropriate and in the best interests of the City, now, therefore, THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. The provisions attached hereto, marked Exhibit A, and by this reference incorporated into the within ordinance, captioned "Section 10. Compensation", are hereby adopted and made a part of Ordinance No. 1610 adopted on November 17, 1988. Section 2. The former Section 10 of Ordinance No. 1610 adopted on November 17, 1988 is hereby repealed. Section 3. Except as herein amended, the remainder of Ordinance No. 1610 adopted on November 17, 1988 shall remain in full force and effect. Section 4. The Grantee of the franchise granted under Ordinance No. 1610 adopted on November 17, 1988 shall, within thirty days of the adoption hereof, file with the City ORDINANCE NO. 1635 _ 1 (PHONEFRA.2 - 050890) Administrator its written acceptance of all of the terms and conditions of this amending ordinance. Passed by the Council and signed by me in authentication of its passage this ~_ day of ATTEST: DeNignat -City ffic L_ APPROVED by me this / ~/ ORDINANCE NO. 1635 - 2 (PHONEFRA.2 - 050890) EXHIBIT A Section 10. Compensation. (1) In consideration of the rights, privileges, and franchise hereby granted to Grantee, Grantee shall pay City from and after the effective date of the amendment to this franchise and until June 30, 1990, annually, £ive percent (5%) per annum of its gross local service revenues derived from services within the corporate limits of the City of Central Point less net uncollectibles, revenue paid directly by the United States of America or any of its agencies, and any revenues derived from competitive services. Services that are competitive for purposes of this franchise include Grantee's Centrex and Centrex type services such as Corecom, Private Line and Private Line type services such as Digicom, Radio type services such as Mobile Communications and Bellboy, the provision of inside wiring and any service that is now or hereafter the subject of detariffing, regulatory forbearance or deregulation by the Oregon Public Utility Commission. Revenues derived from competitive services shall be excluded from the franchise fee base under this franchise until June 30, 1990. Effective July 1, 1990, and until the franchise's expiration, said Grantee shall pay to the City of Central Point, annually, seven percent (7%) of its gross revenues derived from exchange access services, as defined in ORS 401.710, within the corporate limits of the City of Central Point less net uncollectibles and revenue paid directly to the Grantee by the EXHIBIT A - Page 1 United States of America or any of its agencies. The reasonable value of any utility service or the use of any Grantee facilities used or reserved for use by the City without Grantee's prescribed charges shall be credited toward any payment due the City under this provision. Payment of this franchise fee shall be made on or before the 15th day of March for the calendar year preceding. For the year 1990, payment of said five percent (5g) shall be made only for the period January 1, 1990 to June 30, 1990 and payment of said seven percent (7$) shall be made for the period July 1, 1990 to December 31, 1990. (2) Grantee shall furnish to City with each payment of compensation required by this section, a signed written statement showing the amount of Grantee's gross revenues derived from exchange access services, as defined in ORS 401.710, within the corporate limits of the City for the period covered by the payment, together with the amount of deduction for net uncollectibles and revenue paid directly by the United States of America or any of its agencies. In addition, for the payment due the City on or before March 15, 1991, for the period January 1, 1990 to December 31, 1990, Grantee will also furnish the City 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 the City for the period January 1, 1990 to June 30, 1990, together with the amount of deduction for net uncollectibles, revenue paid directly by the United States of America or any of its agencies, and revenues EXHIBIT A - Page 2 derived from competitive services. If Grantee fails to pay the entire amount of compensation due City through error or otherwise, the difference due City shall be paid by Grantee within a reasonable time from discovery of the error. 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 such 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) of this section shall not be accepted in payment of any of the following: (a) Any and all water and sewer charges; (b) Ad valorem property tax now or hereafter levied against real or personal property of Grantee situated within the 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, 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; EXHIBIT A - Page 3 (e) Reimbursement or indemnity paid to City; (f) Any business tax or sales tax on services hereafter adopted, to the extent that such tax is generally applicable within the City, provided however, such tax shall not apply to any revenues that are otherwise taxable under this ordinance. Such payments made by the Grantee will be accepted by City £rom 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, construction, 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. EXHIBIT A - Page 4 WRITTEN ACCEPTANCE OF ORDINANCE N0. 1635 OF THE CITY OF CENTRAL POINT, OREGON TO THE MAYOR AND COUNCIL OF THE CITY OF CENTRAL POINT, OREGON: On the 17th day of May 1990, the Council of the C:~ty of Central Point, Oregon, passed Ordinance No. 1635 entitled: AN ORDINANCE AMENDING PROVISIONS OF ORDINANCE 1610 (TELEPHONE FRANCHISE ORDINANCE) RELATING TO COMPENSATION AS SET FGRTH Iii SECTION 10 THEREOF The ordinance was duly signed on t're 17th day of May 1990 by the Mayor of said City and attested to by the appropriate City representative. The ordinance was granted upon the condition that the Grantee shall, within thirty (30) days of the passage and approval of the ordinance, file with the City Administrator of the City of Central Point, its written acceptance of all of the terms and conditions of said ordinance. NOW, THEREFORE, U. S. WEST COMMUNICATIONS COMPANY hereby accepts Ordinance No. 1635 and all of the terms and conditions of the ordinance. IN WITNESS WHEREOF, U. S. WEST COMMUNICATIONS COMPANY caused this Acceptance to be executed on the ~ day of _~ 1990. U. S. WEST CONIM~QUNIC 'IONS COMPANY ~y %~~-`'~ U ~ - Vice President and CE -Oregon WRITTEN ACCEPTANCE OF ORDINANCE N0. 1635