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HomeMy WebLinkAboutOrdinance No. 19801F 1~ t i ~~ ORDINANCE NO. ~1~ gp t AN ORDINANCE GRANTING Ta MCI TELECaMMUNICATIQNS CQRPORATIaN THE NaN- EXCLUSIVE PRInILEGE TO USE THE PUBLIC NAY TQ CONSTRUCT AND MAINTAIN PUBLIC CaMMUNICATI4N FACILITIES NITHIN THE CITY of EUGENE. THE CITY aF EUGENE,DaES ORDAIN As F4LLONS: Section 1. As used in this Ordinance, the following words and phrases shall mean: C ty: The City of Eugene, Oregon. Cat M,,,_ y „, onager: The City Manager of the City or his or her designee. Communications facilities: All conduits and associated structures owned by Grantee for use by Grantee in providing telecommunication services. Grantee: MCI Telecommunications Corporation, its successors and assigns. Puhl,i,~ way: Any street, road, alley, right-of-way, pedestrian or bicycle easement or utility easement for public use that is controlled by City. Section 2 . Subject to the provisions and restrictions of this Ordinance and the Eugene Code, 1971, the City grants to Grantee the non-exclusive privilege to use the public way to construct and maintain communication facilities within the corporate limits of the City along the route described in Attachment A. Grantee may not deviate from that route unless this ordinance is amended. section 3. Grantee's communication facilities shall remain underground. Grantee's use of the public way shall comply with the standard specifications of the City and all other applicable Ordinance - 1 Federal, State, and local laws and regulations. No work affecting the public way shall be done by the Grantee without first obtaining the permits required by the City, which may include plan submittal, approval and the payment of fees before work begins. Section 4. Nothing in this ordinance shall be construed in any way to prevent the City from constructing and maintaining any public improvement in any public way. In its construction and maintenance of public improvements, the City shall endeavor not to obstruct or prevent the free use by Grantee of its communication facilities. Section 5. Whenever any of Grantee's communications facilities shall unnecessarily inconvenience the public or property owners, the City may require the removal or change of location of any such communications facilities at Grantee's expense. Section 6. Should it ever become necessary to temporarily rearrange or temporarily remove Grantee's communications facilities at the request of a private person or business, Grantee shall perform such rearrangement or removal as expeditiously as possible upon receipt of reasonable written notice from the person or business desiring the temporary change of the communications facilities. The notice shall: raj be approved by the City Manager, ~b~ detail the route of movement, ~ c ~ provide that the casts incurred by Grantee in making the temporary change be borne by the person or business giving said notice, ~d~ provide that the person or business giving the Ordinance - 2 s notice shall indemnify and bald harmless the Grantee of and from any and all damages or claims of Whatsoever kind or nature caused directly or indirectly from such temporary change of the Grantee's communications facilities, and fey if required by Grantee, be accompanied by a cash deposit or a good and sufficient bond to pay any and all of the Grantee's estimated costs as estimated by Grantee. Section 7. Grantee shall at all times maintain all of its communications facilities in a good state of repair. Section 8. Grantee shall indemnify and save harmless the City of and from any and all damages of any kind or character growing out of or arising by reason of the maintenance of the Grantee's communications facilities in the City. Section 9. In consideration of the privileges and franchise granted, Grantee shall pay to the City prior to the effective date of this Ordinance the sum of $2,300.00. This sum represents the present value of 15 annual payments of $250, which represents adequate compensation to cover present value and anticipated future development. Because of Grantee's difficulty in calculating a franchise fee based on Grantees gross income, the alternative method of deriving adequate compensation from Grantee's income from the franchise is being used in this franchise. Section 10. The payment of the franchise fee shall not be credited toward the payment of property taxes or payments in lieu thereof, nor any sales or income tax adopted by the City, nor credited toward any permit fees requ,~red by the Eugene Code ~ 19 71. The lump sum payment shall not waive any right the City would have Ordinance -~ 3 t possessed to adjust or renegotiate an annual fee if Grantee were paying an annual fee, rather than a lump sum fee. Section 11. The privileges and franchise herein granted shall continue and be in force for a period of fifteen X15} years from and after the date this ordinance becomes effective. However, in the event of abandonment of its Communication Facilities, Grantee may terminate this franchise by giving the City 180 days written notice of such abandonment. In the event of termination, Grantee shall not be entitled to any refund of fees paid under this Grdinance, Section iZ. This Ordinance shall take effect and be in force from and after its passage and approval, and Grantee shall within thirty ~34~ days of the passage of this Grdinance, file with the City Recorder its written acceptance of all the terms and conditions of this Grdinance. Passed by the City Council this day of (~~-t~g~~ , 1991 City Reco er Approved by the Mapor this E `i day of ~~~~ , 1991 ayo r Ordinance - 4 + _ . _...