HomeMy WebLinkAboutOrdinance No. 19425:+
ORDINANCE NO. ~~~ ~"I ^L 5~
AN ORDINANCE GRANTING TO PACIFIC NORTHWEST
BELL TELEPHONE COMPANY THE NONEXCLUSIVE
PRIVILEGE TO QSE THE PQBLIC WAY TO CONSTRQCT
AND MAINTAIN PQBLIC COMMUNICATION FACILITIES
WITHIN THE CITY OF EUGENE AND DECLARING AN
EMERGENCY.
THE CITY OF EUGENE QRDAINS AS FOLLOWS:
Section 1. As used in this Ordinance, the following words
and phrases shall mean:
C,~: The City of Eugene, Oregon.
City Cana er: The City Manager of the City ar his ar
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her designee.
Comiaunications facilities: All wires, cables, Conduits,
poles, equipment and appliances used by the Grantee in
conducting its communications business.
Grantee: Pacific Northwest Bell Telephone Company.
Gross revenue: Local service revenues as defined in the
Uniform System of Accounts adopted by the Federal Communi-~
cations Commission as of the effective date of this
ordinance, derived by the Grantee from services provided
within the City. Gross revenues shall not include:
~a} Net uncollectibles;
{b) Revenues paid directly by the United States of
America or any of its agencies; or
{C~ Revenues from the following competitive
services: ~ Centrex; Centraflex 1, ~~ 3 and 4; Corecom;
Intra Lata Private Line Service; Digicom; Mobile
Service; Inside Wiring; and such other services as the
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Grantee and the City may agree are competitive,
If the Grantee and the City are unable to agree
whether other services have became competitive since the
effective date of this Ordinance, the matter shall be
submitted to binding arbitration provided that the City
and the Grantee both agree on the procedures for such
arbitration . In the event of st~ch ~ an a rhi t rat ~ nn _ ~~,o
losing party shall pay the reasonable attorney fees of
the prevailing party.
Public wa Any street ~ road , alley, right-of-way,
pedestrian ar bicycle easement or utility easement for public
use that is controlled by the City.
Section ~. Subject to the rovisions and restrictions of
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this Qrdinance and the Eu ene Cade 1971 .the Cit rants tat
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Grantee. its successors and assi ns the nonexclusive rivile e }
g , p g to ;.
engage in a general communications business using the public wa
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to construct and maintain communications facilities within the
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corporate limits of the City. Such communications facilities ma
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be strung upon poles or other fixtures above round , or at the ' ~~
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option of the Grantee, may be laid under round and such othe
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apparatus may be used as may be necessary or proper to operate and
maintain the same .
Section 3. Subject to the City Manager's authorit to
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prescribe which public ways will be used and the location within
the public way, it shall be lawful for the Grantee to make all
necessary excavations in any public wa for the ,purpose of
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constructing and maintaining communications facilities. The
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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 that are applicable to
all utilities other than municipal utilities, before work begins.
Section 4. Nothing in this Grdinance 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 Cit shall endeavor not to
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obstruct or prevent the free use by the Grantee of the Grantee's
communications facilities.
Section 5. Whene ve r any of the 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 the Grantee's
expense.
Section 6. Should it ever become necessary to temporaril
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rearrange or remove the Grantee's communications facilities at the
request of a private person or business, the Grantee shall erf orm
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such rearrangement or removal as expeditiously as possible u an
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receipt of reasonable written notice from the person or business
desiring the temporary change of the communications facilities.
The notice shall:
(a) be approved by the City Manager,
(b) detail the route of movernent,
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~c~ provide that the costs incurred by the 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
notice shall indemnify and hold harmless the Grantee of and
from any and all dama ges or claims of whatsov er kind or
nature caused directly or indirectly from such tempor ary
change of the Grantee's communications facilities, and
~e~ if required by the Grantee, be accompanied by a E
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cash deposit or a good and sufficient bond to pay any and all E
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of the Grantee's estimated costs as estimated by the Grantee.
Section ~'. The Grantee shall at all times maintain all of
its communications facilities in a good state of repair.
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Section 8. The Grantee shall indemnify and save harmless the
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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 ~~
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Grantee's communications facilities in the City.
Section 9. In consideration of the privileges and franchise
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granted, the Grantee shall pay the City, from and after September
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25, 198G and until ~ the expiration of this franchise, five percent
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~5$~ per annum of its gross revenue. The Grantee shall make
quarterly payments to the City on or before April 3~, July 31,
Gctober 31, and January 31 for the calendar quarters immediately
preceeding.
Within thirty X30 ~ days of the termination of this franchise,
the Grantee shall pay a pro rata fee for the last quarterly
payment to the date of termination in addition to any other sums
due the City. .
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Section 14. The City shall have the right to annually and i t
the books and records of the Grantee to verify that the franchise
fee has been correctly computed and paid by the Grantee , The
Grantee agrees to reimburse the City for:
~a} The reasonable costs of such audit if the audit
discloses that the Grantee has paid 95~ or less of the
franchise f.ee owing for the period of such audit; or
fib} one-half of the reasonable costs of such audit if
the audit discloses that the Grantee has paid more than 95~
but 9~~ or less of the franchise fee owing for the period of
such audit,
At the City's request, the Grantee shall provide the City's
auditors access to the Grantee's books and records, including
relevant USOC codes, .
Section 11. With each franchise fee payment, the Grantee
shall furnish a sworn statement setting forth the amount and
calculation of the payment. The statement shall detail the
revenues received by the Grantee from its operation within the
City, and shall specify the nature and amount of all exclusions
and deductions from such revenues claimed by the Grantee in
calculating the franchise fee. Nothing in this franchise shall
give the Grantee any credit against any nondiscriminatory business
tax, or ad valorem property tax now ar hereafter levied against
real or personal property within the City, or against any local .
improvement assessment levied on the Grantee's propert The
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Grantee ray deduct from its franchise fee payment all sums paid to
the City for permit, inspection ar simi.lar fees for street
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openings and installations or cans tructian in the public wa
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Section 12. The privileges and franchise herein granted
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shall continue and be in force far a per iod of fifteen ~ 15 ears
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from and after the date this Ordinance becomes effective
pr ov id ed ~ however ~ that either the City ar the Grantee ma
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terminate this franchise upon thirty ~ 3Q } days written notice ,
From the effective termination date of this franchise until all of
the Grantee's communications facilities are removed from the
City's public ways, ar until such time as any remainin
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communications facilities may escheat to the City under state law,
the Grantee shall pay the City a fee equivalent to five percent
~5~~ of the Grantee's gross revenues as defined herein, or the
maximum allowed under 4RS ~Z1,45Q,
Section 13. This franchise shall be subject to any and all
local, state, or federal legislative enactments.
Section 14. The matters contained herein concern the public
healthy safety and welfare and therefore, an emergency is hereb
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declared to exist. The franchise created by this Ordinance shall
be effective immediately upon acceptance by the Grantee if
accepted within 30 days fallowing its passage by the Council and
approval by the Mayor . The Grantee's acceptance shall be
evidenced by filing with the City Recorder its written acce tan
p ce
of all the terms and conditions of this Ordinance.
Passed by the City Council this
I1~day of ~1leVY1~4Q~f , 1986
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City corder
Approved by the Mayor this
~~ day of ~~~J~[.yYl ~(, 1986
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