HomeMy WebLinkAboutOrdinance No. 19685ORDINANCE N0. ~ / h U
AN ORDINANCE CONCERNING THE PACIFIC NORTHWEST BELL TELEPHONE
COMPANY FRANCHISE; AMENDING ORDINANCE NO. 19425; AND DECLARING
AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. Section 1 of Ordinance No. 19425 adapted by the Council and
approved by the Mayor on November 17, 1986 is amended to provide:
Section 1. As used in this Ordinance, the following words and
phrases shall mean:
Ci~tr: The City of Eugene, Oregon.
Cit Mana er: The City Manager of the City ar his or her
designee.
Communications facilities: All wires, cables, conduits,
poles, equipment and appliances used by the Grantee in conductin
g
its communications business.
Grantee: Pacific Northwest Bell Telephone Company.
Gross revenue: Revenues derived from exchange access servic-
es, as defined in DRS 401.110, within the corporate limits of the
City of Eugene, less net uncollectibles from such revers
ues.
Publ.i c _wa_y : Any street, road, al 1 ey, right-af -way, pedestrian
or bicycle easement ar utility easement for public use that is
controlled by the City.
Section 2. Section 9 of Ordinance No. 19425 adopted by the Council and
approved by the Mayor on November 17, 1986 is amended to provide:
Section 9. In cansiderativn of the rights, privileges, and
franchise hereby granted, said Grantee, Pacific Northwest Bel 1
Ordinance - 1
Telephone Company, its successors and assigns, shall pay to the
City of Eugene from and after July ~, 1990, and until the fran-
chise's expiration, seven percent ~1%} of its grass revenue. The
Grantee shall make quarterly payments to the City on or before
April 30, July 31, October 31, and January 31 for the calendar
quarters immediately preceding.
Within thirty X30} days of the termination of this franchise,
the Grantee shall pay a pro rata fee far the last quarterly pay-
ment to the date of termination in addition to other sums due the
City.
Section 3. Section 12 of Ordinance No. 19425 adopted by the Council and
approved by the Mayor on November 11, 1986 is amended to provide;
Section 12. 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; provided,
however, that either the City or the Grantee may terminate this
franchise upon thirty X30} days written notice. Notwithstanding
the foregoing, the fee imposed by Section 9 of Ordinance No. 19425
shall continue until all of the Grantee's communications facili-
ties are removed from the City's public ways, ar until such time
as any remaining communications facilities may escheat to the City
under state law.
Section 4. Except as herein amended, and subject to Section 5 of this
Ordinance, all other provisions of Ordinance No. 19425 remain in full force
and effect.
Ordinance - 2
Section 5, within thirty ~30~ days from and after the effective date of
this Ordinance, Pacific Northwest Bell Telephone Company sha11 file with the
City Recorder its written acceptance of this amendment to the franchise
Ordinance No. I9425 and the obligations hereby imposed. In the event such
acceptance is not filed within the time required, the amendment provided for
herein shall become null and void, and Ordinance No. I9425 is by this action
repealed in its entirety.
Section 6. That the matters contained herein concern the public welfare
and safety and therefore, an emergency is hereby declared to exist, and this
Ordinance sha11 become effective immediately upon its passage by the Council
and approval by the Mayor, retention by the Mayor for more than ten days, ar
readoption over a mayoral veto by two-thirds of a]1 members of the City
Council.
Passed by the City Council this
11th day of June 1990
City Rec rder
Approved by the Council President this
11th day of June ~ggp
for t Mayor
Ordinance - 3