HomeMy WebLinkAbout2474 Pacific NW Bell Telephone FranchiseORDINANCE NO. ~Z~/
AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE
COMPANY, HEREINAFTER SOMETIMES REFERRED TO AS "GRANTEE", ITS
SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHT AND PRIVILEGE TO
DO A GENERAL COMMUNICATION BUSINESS AND TO PLACE, ERECT, LAY,
MAINTAIN AND OPERATE IN, UPON, OVER AND UNDER THE STREETS,
ALLEYS, AVENUES, THOROUGHFARES, AND PUBLIC HIGHWAYS WITHIN THE
CITY OF ASHLAND, POLES WIRES AND OTHER APPLIANCES AND CONDUCTORS
FOR ALL TELEPHONE, TELEGRAPH AND OTHER COMMUNICATION PURPOSES.
THE CITY OF ASHLAND, OREGON ORDAINS AS FOLLOWS:
SECTION 1. There is hereby granted by the City of Ashland to
Pacific Northwest Bell Telephone Company, its successors and
assigns, the non-exclusive right and privilege to do a general
communication business within the City of Ashland and to place,
erect, lay, maintain and operate in, upon, over and under the
streets, alleys, avenues, thoroughfares, and public highways
within the city, poles, wires and other appliances and conductors
for all telephone, telegraph and other communication purposes.
Such wires.and other appliances and conductors may be strung upon
poles or other fixtures above ground, or at the option of the
Grantee, its successors and assigns, may be laid underground, and
such other apparatus may be used as may be necessary or proper to
operate and maintain the same. Underground placement of cable is
strongly encouraged, and in all sections of the city where
facilities of public utilities are placed underground, the
Grantee shall place its facilities underground at Grantee's
expense. However, this requirement shall not apply to existing
facilities unless such facilities are being replaced or rebuilt.
SECTION 2. Subject to the provisions of Chapter 13.12 of the
Municipal Code, it shall be lawful for Pacific Northwest Bell
Telephone company, its successors and assigns, to make all
needful excavations in any of the streets, alleys, avenues,
thoroughfares and public highways in the city for the purpose of
placing, erecting, laying and maintaining poles or other supports
or conduits for such wires and appliances and auxiliary apparatus
or repairing, renewing or replacing the same. The work shall be
done in compliance with the necessary rules, regulations,
ordinances, orders, and fees, which may during the continuance of
this franchise be adopted from time by the City of Ashland.
SECTION 3. Whenever Pacific Northwest Bell Telephone Company,
its successors and assigns, shall disturb any of the streets for
the purpose aforesaid, it or they shall restore the same to good
order and condition as soon as practicable without unnecessary
delay, and failing to do so the City of Ashland shall have the
right to fix a reasonable time within which the repairs and
restoration of streets shall be completed, and upon failure of
the repairs being made by the Grantee, its successors and
assigns, the city shall cause the repairs to be made at the
expense of Grantee, its successors and assigns.
SECTION 4. Nothing in this ordinance shall be construed in
any way to prevent the proper authorities of the City from
sewering, grading, planking, rocking, paving, repairing,
altering, or improving any of the streets, alleys, avenues,
thoroughfares and public highways within the City in or upon
which the poles, wires or other conductors of the Grantee shall
be placed, but all work or improvements shall be done if possible
so as not to obstruct or prevent the free use of the poles,
wires, conductors, conduits, pipes or other apparatus.
The city may require the Grantee to remove or relocate its
facilities when so required by any ordinance or resolution that
furthers a public purpose, such as, but not limited to, the
Ashland Land Use Code. The cost of such relocation shall be
borne by Grantee, and the relocation or removal shall be done
when so requested by the City. The cost of relocating or
removing Grantee's facilities in conjunction with, or at the
request of, a private developer or development shall be borne by
such private developer or development. The City shall not
require the Grantee to remove or relocate its facilities or
vacate any.street, alley or other public way incidental to any
public housing or renewal project under ORS Chapters 456 or 457
without rese~;ing Grantee's right therein or without requiring
Grantee to be compensated for the costs thereof. The city shall
bear no financial responsibility to Grantee pursuant to ORS
Chapters 456 and 457.
SECTION 5. Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables or wires or
other apparatus of the Grantee to permit the passage of any
building, machinery or other object moved over the roads,
streets, alleys, avenues, thoroughfares and public highways
within the City, the Grantee will perfo~n~ such a rearrangement
within a reasonable period after written notice from the owner or
contractor-mover desiring to move said building, machinery or
other objects. Such notice shall bear the approval of the
Director of Public Works or his designee for the City, shall
detail the route of movement of the building, machinery, or other
object, shall provide that the costs incurred by the Grantee in
making such a rearrangement of its aerial facilities will be
borne by the contractor-mover and shall further provide that the
contractor-mover will indemnify and save the Grantee harmless of
and from any and all damages of claims of whatsoever kind or
nature caused directly or indirectly from such temporary
rearrangement of the facilities of the Grantee, and if required
by the Grantee, shall be accompanied by a cash deposit or a good
and sufficient bond to pay any and all such costs as estimated by
the Grantee.
SECTION 6. In consideration of the rights, privileges, and
franchise hereby granted, said grantee shall pay to the city five
percent (5%) per annum of its gross local service revenues
derived from services other than competitive services within the
corporate limits of the City less net uncollectibles and revenue
paid directly to the Grantee by the United States of America or
any of its agencies. Only the amount which exceeds the franchise
fee which Grantee is allowed by Oregon law to pass on to its
customers may be shown on the customer's bill. Services.that are
competitive for purposes of this franchise include Grantee's
Centrex and Centrex type services such as Corecom, Private Line
and Private Line type services such as Digicom, Radio type
services such as Mobile Communications and Bellboy, the provision
of inside wiring and any PNB service that is now or hereafter the
subject of detariffing, regulatory forbearance or deregulation by
the Oregon Public Utility Commission. Revenues derived from
competitive services shall be excluded from the franchise fee
base under this franchise. The reasonable value of any utility
service or the use of any Grantee facilities used or reserved for
use by the city without Grantee's prescribed charges shall be
credited toward any payment due the city under this provision.
Payment of said five percent (5%) shall be made quarterly on or
before April 30, July 31, October 31 and January 31 for the
calendar quarters immediately preceding. Such five percent (5%)
will be accepted by the City from the Grantee, also in payment of
any business license or occupation tax or fee for revenue
purposes now or hereafter imposed by the city upon the Grantee
during the term of this franchise. Grantee may deduct from each
franchise payment all sums paid to the City for permit,
inspection or similar fees for street openings and installations
or construction in the public rights-of-way.
Revenues derived from competitive services shall be subject to
any general business tax hereinafter adopted by the city if such
tax is applicable to all businesses within the City.
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
amount and nature of all exclusions and deductions from such
revenues claimed by the Grantee in calculating the franchise fee.
A% %he City's request the Orantee shall provide the City's
auditors access to the Grantee's books and records.
SECTION 7. The 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 8. The rights, privileges and franchise herein granted
shall continue and be in force for a period of ten (10) years
from and after the date this Ordinance becomes effective, except
that it is understood and agreed that either party may terminate
this agreement after lS0 days notice in writing.
SECTION 9. This Ordinance shall, if accepted by Grantee, take
effect and be in force thirty (30) .days from and after its
passage and approval. Said Grantee shall, within thirty (30)
days of the passage and approval of this Ordinance, if it accepts
such Ordinance, file with the Recorder of the city of Ashland its
written acceptance of all the terms and conditions of this
Ordinance. :
The foregoing Ordinance was first read by title only in
accordance with ARTICLE X, S~ction 2(c) of the Ashland City
Charter on the -~_~__day of,~'988 and duly PASSED and ADOPTED this
/~'-~day of ~~~3 , 1988.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of , 1988.
L. Gordon Medaris
Mayor