HomeMy WebLinkAboutAdmin Order 44-98-05-F
ADMINISTRATIVE ORDER NO. 44-98-05-F
of the
City Manager
City of Eugene
ADOPTING A TELECOMMUNICATION IN-KIND SERVICES IN LIEU OF
ANNUAL LICENSE AND REGISTRATION FEES PROGRAM.
The City Manager of the City of Eugene finds as follows:
A. Pursuant to the authority of Sections 2.019 and 3.400 of the Eugene Code,
1971 which authorize the City Manager to adopt rules for administration and
implementation of any provisions of that Code, Telecommunications Administrative Rule
R-3.400 was adopted by Administrative Order No. 44-97 -05-F on August 29, 1997.
B. Subsections (1) and (2) of Section 3.415 of the Eugene Code, 1971 impose
annual registration and licensing fees of 2%) and 7%) respectively of a licensee's gross
revenues derived from the licensee's telecommunication activities within the City;
Subsection (3) authorizes the City Manager to establish fees for private communications
systems; and Subsection (6) and R-3.400-J authorize the City Manager to accept a
proposal to provide in-kind services in lieu of all or a portion of a licensee's annual
registration and license fee.
D. Finding that it would be more efficient for staff, and provide direction and
insight to telecommunications providers, Administrative Order No. 44-98-05 was issued
on July 23, 1998 proposing the adoption of a Telecommunication In-Kind Services In Lieu
of Annual License and Registration Fee Program.
E. Notice of the proposed Program adoption was provided to current licensees
and permittees, published in the Register Guard for five consecutive days, to-wit, on July
28, 29, 30, 31, and August 1, 1998, and made available for inspection by interested
persons at the offices of the City's Information Services Division, 61 West 8th Avenue,
Second Floor, Eugene, Oregon 97401 during normal business hours (8:00 a.m. to 5:00
p.m., Monday through Friday, exclusive of holidays).
F. The Notice provided that written comments would be received thereon for a
period of 15 days from the first date of publication. Only one comment was received within
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the time or in the manner required by the notice, to which I make the following findings:
Comment: Dave Barta, on behalf of the University of Oregon, questioned
whether the In-Kind Services Program as drafted would extend to private
communications systems. If not, Mr. Barta requested that the proposed Program
be amended to include private communications systems.
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Finding: As noted in Finding B above, Subsections (1) and (2) of Section
3.415 of the Eugene Code, 1971 impose annual registration and licensing fees, and
Subsection (3) provides that a per foot fee be imposed with respect to private
communications systems in lieu of the fees required under Subsections (1) and (2).
Based on the authority of Subsection 3.415(3), the fee schedule attached to
Administrative Order No. 44-97-06-F issued on August 29, 1997, imposed an
annual license fee of $2.00/per foot for private communications systems. It is
therefore consistent with the provisions of Subsection (6) (authorizing the City
Manager to accept a proposal to provide in-kind services in lieu of all or a portion
of a licensee's annual registration and license fee) that the In-Kind Services
Program is intended to be available to private communications systems. The
proposed Telecommunication In-Kind Services in Lieu of Annual License and
Registration Fees Program hereinafter set forth has been revised to clarify that
intent.
Based on the above findings, I hereby adopt the following:
TELECOMMUNICATION IN-KIND SERVICES
IN LIEU OF ANNUAL LICENSE AND REGISTRATION FEES PROGRAM
1. Purpose and Intent. Adoption of this program is intended to insure that
proposals for in-kind services are submitted, processed, and determinations made thereon
in a fair and equitable manner. The in-kind services are authorized by the Council, and
proposals may be submitted at the option of registrantsllicensees.
2. Priority. Until budget and contractual experience is gained in this program,
priority shall be given to proposals for provision of in-kind services related to
services/equipment (program administration and the Community Telecommunications
Projects list) in lieu of the 2%) registration fee. Providers may, however, forward proposals
relating to the provision of in-kind services in lieu of the 70/0 right-of-way use license fee
and private communications systems annual license fee. The City Manager may also
consider in-kind proposals for services and equipment relating to the City Council's
goals/strategies as specified in the City's annual call for proposals.
3. Call for Proposals.
3.1 The City's Franchise Man\ager shall issue an annual "call for
proposals" to registered telecommunications providers who are in compliance with
the City's telecommunications regulations as of the call date. The "call" shall make
it clear that the program is optional and that no provider is required to submit a
proposal.
3.2 The "call" will include a City-desired list of services and equipment
relating to expenses that the 2%) registration fee supports and to specified City
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Council goals/strategies for which in-kind service proposals will be accepted.
3.3 Providers may also forward proposals to provide in-kind services in
lieu of all or part of the 7% license fee and private communications system annual
license fee, although the primary evaluation criteria will place priority on program
administration and the City's list of community-wide telecommunication projects.
3.4 The "call" will apprise registrants/licensees that failure to provide all
or a portion of the approved in-kind services will result in termination of the
approval, and the registrantllicensee shall be required to pay to the City the
registration and/or license fee that would have been due if the in-kind services had
not been approved.
4.
criteria:
Evaluation Criteria. Proposals shall be evaluated based on the following
4.1 The proposal must have a value equal to or greater than the
registration and/or license fees, or the portion of those fees in lieu of which the City
will accept services.
4.2 The quality of the response to the Code requirement that the provider
forward an independent value analysis of the proposal, at the provider's own
expense.
4.3 The extent to which City-desired program administration expenses
and community telecommunication projects identified in the call are addressed.
4.4 The extent to which the proposal supports or achieves City Council
goals/strategies.
4.5 The extent to which cash reserves exist in program administration and
community projects accounts to make the in-kind service offer feasible, i.e. do cash
reserves exist to support fixed costs that cannot be supported through in-kind
service or equipment?
4.6 The extent to which the offer of service or equipment is compatible
with existing or planned City services and equipment.
5. Evaluation of Proposals.
5.1 Proposals shall be evaluated initially by an evaluation team consisting
of Franchise, Telecommunications, and Financial Management staff. The
evaluation team shall forward its recommendation to the City Manager.
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5.2 The City Manager shall review the recommendation of the evaluation
team and make a final determination of each proposal.
5.3 A final recommendation of the City Manager approving a proposal
shall be forwarded to the City Council. If any two City Councilors provide the City
Manager with written objections to the proposed arrangement within 20 days from
the date the proposal is forwarded, the City Manager's approval shall not become
effective unless the Council votes to approve the proposal. If no objections are
made within the 20-day period, the approval shall become effective on the 21 st day
after the date of approval.
5.4 The registration and/or license shall reflect the final approval of an
in-kind payment agreement.
Dated and effective this
~- ~
day of Nnvomber, 1998.
~Y.---~~
If 1/ II
James R. Johnson
City Manager
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