Loading...
HomeMy WebLinkAboutOrdinance No. 19545ORDINANCE NO . 19 s ~'" AN ORDINANCE GRANTING TO THE AMERICAN TELEPHONE & TELEGRAPH COMPANY THROUGH ITS INTERSTATE DIVISION, THE NDN~-EXCLUSIVE PRIVILEGE To USE THE PUBLIC WAY To CONSTRUCT AND MAINTAIN PUBLIC COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE; AND REPEALING ORDINANCE NO. 19369. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. As used in this ordinance, the fallowin words g and phrases shall mean: Cit~r: The City of Eugene, Oregon. City, Manager: The City Manager of the City or his or her designee. Co~nunicatians facilities: All conduits and associated structures owned by Grantee for use by Grantee in providin g telecommunication services. Grantee: American Telephone & Telegraph Company through its Interstate Division, its successors and assi ns. g Public ~: Any street, road, alley, right-of-wa , Y 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, 19?1, the Cit rants to y g Grantee the non-exclusive privilege to use the public wa to Y construct and maintain communication facilities within the corporate limits of the City. section 3. Grantee's communication facilities shall remain underground. Subject to the City Manager's authority to prescribe which public ways will be used and the location within ordinance -- 1 the public way, it shall be lawful for Grantee to make all neces- sary excavations in any public way for the purpose of constructing and maintaining communication 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 be ins. g 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 ublic or p property owners, the City may require the removal or change of location of any such communications facilities at Grantee's expense. Section G. Should it ever become necessary to temporarily rearrange yr temporarily remove Grantee's communications facilities at the request of a private person or business 1 Grantee shall perf arm such rearrangement or removal as expeditiously as possible upon receipt of reasonable written notice from the person or business desiring the temporary char e g of the communications facilities. The notice shall: ordinance - z ~a~ be approved by the City Manager, fib} 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 notice shall indemnify and hold harmless the Grantee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporar Y change of the 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 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 annually pay One Dollar x$1.00} per lineal foot of communication facilities located within the Cit . Y Grantee shall make annual payments to the City on or before the last day of January for the calendar year immediately recedin . p g Within thirty ~34~ days of the termination of this franch` ise, Grantee shall pay a pro rata fee for the period from the end of the prier calendar year to the date of termination in addition to Ordinance - 3 any other sums due the City. Because of Grantee's difficulty in calculating a franchise fee based on Grantee's gross income, the per-lineal-foot fee is being used in this franchise. Section 10. With each franchise fee payment, Grantee shall furnish a sworn statement setting= forth the amount and calculation of the payment. The payment of the franchise fee shall not be credited toward the payment of property taxes or payments in lieu therevf,nor any sales or income tax adopted by the City, nor credited toward any permit fees required by the Eugene Code, 1971. Section ll. 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 City or Grantee may, upon at least thirty X30} days written notice to the ather prior to the expiration of each three ~3} year period from the effective date of this franchise, open this agreement to negotiate provisions therein including the per lineal foot rate. otherwise, this agreement shall remain in effect. Section 12. This Ordinance repeals ordinance Nv. 19369. Section 13. This ordinance shall take effect and be in force from and after its passage and approval, and Grantee shall, within thirty r3o} days of the passage of this Ordinance, file with the City Recorder its written acceptance of all the terms and conditions of this Ordinance. Passed by the City Council this Approved by the Mayor this ay of ~I 1985 day ~ - t 1988 Qr~ r~ - ~ ~ ~ City R order Mayor ~rda.nance - 4 WRITTEN ACCEPTANCE OF ORDINANCE NO. -l~~~S CITY OF EUGENE, OREGON TD THE MAYaR AND COUNCIL DF THE CITY CF EUGENE: s On the ~ day of ~~ 1988 the Council of the ~ ~ City of Eugene, Oregon pas ed Ordinance No. ~~~ entitled: AN ORDINANCE GRANTING TO THE AMERICAN TELEPHONE & TELEGRAPH COMPANY THROUGH ITS INTERSTATE DIVISION, THE NON-EXCLUSIVE PRIVILEGE TO USE THE PUBLIC WAY TD CONSTRUCT AND I~IAINTAIN PUBLIC COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE; AND REPEALING ORDINANCE NO. 1939. The Ordinance was duly signed on the ~ day of ~ 1988, by the Mayor of said City, and attested by he City Recorder. The Ordinance was granted upon the cond~.tivn that the grantee shall, within thirty ~30~ days of the passage and approval of the Ordinance, fa.le with the Recorder of the City of Eugene its written acceptance of all the terms and conditions of the Ordinance: NOW, THEREFORE, American Telephone & Telegraph Company through its Interstate Division, hereby accepts Ordinance No. and all the terms and conditions of the Ordinance. IN WITNESS WHEREOF, American Telephane & Telegraph Company through its Interstate Division, has caused this acceptance to be duly executed this /~ day of ~ ~ , 1988. AMERICAN TELEPHONE & TELEGRAPH COMPANY, By Ti At_____ Ti e: ` Receipt of the original of the duly ex~ American Telephane & Telegraph Company of conditions of that certain Ordin "ce No, Eugene, Oregon, is hereby admittf this 1988 . 1 f, i ~ ` ~`,J/fJ~ Recorder f the :cuted acceptance by a 1 the terms and of the City of day of , Cit of Eugene ~yj~td' R^rc~~P~ie,*c~V O' /