HomeMy WebLinkAboutOrdinance No. 19369ORDINANCS NO. 19369
AN ORDINANCE GRANTING TO TflS AMERICAN TSLSPHONS & TSLSGRAP$
COMPANY THROUGH ITS INTERSTATE DI~'I5ION, THS PRIVILEGE
TO USS THS PUBLIC WAY TO CONSTRUCT AND MAINTAIN PUBLIC
COMMUNICATION FACILITIES WITHIN THS CITY OF SUGSHS.
THS CITY 4F EUGENE DOSS ORDAIN AS FOLLOWS:
Section 1. As used in this ordinance, the f ollowing words
and phrases shall mean:
Cit The City of Eugene, aregon
Com~aunication facilities: All wires, cables, conduits,
poles, equipment and appliances used by Grantee in providing
telecommunication services other than local exchange telecommuni-
cation services.
Grantee: American Telephone & Telegraph Company through its
Interstate Division its successors and assigns.
Public Way; Any street, road, alley, right-of--way pedes-
trian or bicycle easement or utility easement for public use
that is controlled by City.
Cit Mana er: The City Manager of the City or his or her
designee.
Section 2. Subject to the provisions and restrictions of
this ordinance, the City grants to Grantee, the privilege to use
the public way to construct and maintain communication facilities
within the corporate limits of the City.
Section 3. Except when approved otherwise by the City Manager,
Grantee's communication facilities shall remain underground.
Subject to the City Manager's authority to prescribe which public
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ways will be used and the locatian within the public way, it shall
be lawful for Grantee to make all necessary excavations in any
public way for the purpose of constructing and maintaining com- .
munication facilities. Grantee's use of the public way shall
comply with the standard specifications of the City and all other
applicable 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 severing, grading, planking,
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 communications facilities.
Section 5. Whenever any of Grantee's communications facili-
ties shall unnecessarily inconvenience the public or property
owners, the City may require the removal or change of location of
any such communication facilities,
Section 6. Should it ever become necessary to temporarily
rearrange or remove Grantee's communications facilities at the
request of a private citizen or business, Grantee shall perf arm
such rearrangement or removal on seven ~7} days' written notice
from the person or persons desiring the temporary change of the
communications facilities. The notice shall ~a~ be approved by
the City Manager, fib} detail the route of movement, ~c~ provide
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that the costs incurred by Grantee in making the temporary change
be borne by the person or persons giving said notice, ~d~ provide
that the person or persons giving the notice shall indemnify
and hold harmless Grantee of and from any and all damages or
claims of whatsoever kind or nature caused directly ar indirectly
from such temporary change of Grantee's communications facilities
and ~e~ if required by Grantee, be accompanied by a cash deposit
or a good and sufficient bond to pay any and all of 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 S. Grantee shall indemnify and hold 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
said cornet unications facilities within the corporate limits of
the City.
Section 9. In consideration of the privileges and franchise
hereby granted, on January 10, 1986, and annually on or before
that month and day thereafter, Grantee shall pay the City $1.00
per lineal f oot of communication facilities located within the
corporate 1 imi is of the C i ty as of the preceding Decembe r ~. .
within thirty 4 3 0 } days of the termination of this f ranchise,
Grantee shall pay a prorata fee far the period fram the last
December 1, to the date of termination in addition to any other
sums due the City, Because of the difficulty and cast of calcu-
lating the franchise fee based on Grantee's gross income, the per
lineal foot fee is being used in this franchise .
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Section 10.
with each franchise fee payment, Grantee shall
furnish a sworn statement setting forth the amount and calculation
of said payment. 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 required by the Eugene Code,
1971.
Section 11.
The privileges and franchise herein granted
shall continue and be in f orce f or the period of f if teen ~ 15 7
years from and after the date this ordinance becomes effective
except that it is understood and agreed that either party may at
any time within the three 43~ month period prior to the expiration
of each three ~ 3 ~ years f ram the effective date of this franchise
terminate this agreement upon six 463 months' notice in writing.
otherwise, this agreement shall remain in effect,
Section 12. This ordinance shall take effect and be in
force f rom and after its passage and approval, and Grantee shall ,
within thirty 430} days of the passage of this ordinance, file
with the City's Recorder its written acceptance of all the terms
and conditions of this ordinance.
Passed by the City Council this
16th day of December , 19 8 5 .
A-ss-F. G~'F~. ~eu~rcda/
Approved by the Mayor this
16th day of December , 19 85 .
`" ~'~1 gym
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