HomeMy WebLinkAbout2015-001 Franchise Agrmt - Hunter Communications
CITY OF
-ASHLAND
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the
City of Ashland, an Oregon municipal corporation (`City") and Hunter Communications
(`Grantee").
RECITALS
1. Pursuant to Federal law, State statutes, and City Charter and local ordinances, the City is
authorized to grant non-exclusive franchises to occupy public rights-of-way, as defined
by Ashland Municipal Code (`AMC") 16.04.040, in order to construct, operate, and
maintain a telecommunication system within the municipal boundaries of the City of
Ashland (`Franchise Area");
2. Grantee has requested a franchise to place and operate a telecommunications system, as
defined in AMC 16.04.040, within the City's public rights-of-way; and
3. The City has found that Grantee meets all lawful requirements to obtain a franchise, and
therefore approves the application.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
Section 1: Grant Franchise. The City hereby grants to Grantee a nonexclusive franchise to use
the public rights-of-way with the City to provide telecommunications services.
Section 2: Tenn. The term of this Agreement shall be five (5) years, commencing with the
effective date set forth in Section 8.
Section 3: Franchise Area. The Grantee is authorized by this franchise to use public rights-of-
way throughout the City, as the City limits may exist now or in the future, for the provision of
telecommunications services.
Section 4: Perfonnance.
a) During the term of this Agreement, the Grantee agrees to comply with all lawful terms
and conditions of AMC Title 16, the provisions of which are incorporated herein as
though fully set forth.
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Franchise Agreement
b) To the extent any lawful City rule, ordinance or regulation, including any amendment to
the provisions of AMC Title 16, is adopted on a jurisdiction-wide basis and is generally
imposed on similarly situated persons or entities, the rule, ordinance or regulation shall
apply without need for amendment of this Agreement. The City shall provide Grantee
notice of any such change in law.
Section 5: Franchise Fee.
a) As consideration for the use of the City's public rights-of-way, Grantee shall remit to the
City the maximum applicable franchise fees established by Council resolution pursuant to
AMC 16.24.070 shall apply, Grantee agrees to pay all amounts by the dates required in
AMC 16.24.070 and will be subject to interest and penalties established in the AMC.
b) Grantee acknowledges and agrees that the applicable franchise fee due hereunder may
vary based on its telecommunications facilities and/or the telecommunications services
provided in the City. With each franchise fee payment Grantee shall submit detailed
documentation showing its calculation of the franchise fee paid.
c) The City shall have the right to conduct or cause to be conducted, a special examination
of gross revenues for the purpose of ascertaining whether Grantee's franchise fee
payments have met the requirements of this franchise. Any difference of payment due
either the City or Grantee following a special examination shall be payable within thirty
(30) days after written notice to the affected party.
Section 6: Franchise Nonexclusive. The franchise hereby granted is not exclusive, and shall not
be constructed as any limitation on the right of the City to grant rights, privileges and authority to
other persons, corporations or to itself to make lawful use of the City's public rights-of way.
Section 7: Notices. Unless specifically provided otherwise in AMC Title 16, all notices shall be
mailed, postage prepaid, to the following addresses or to such other addresses as Grantee or the
City may designate in writing:
If to Grantee: Hunter Communications
801 Enterprise Drive
Central Point, OR 97502
If to City: Director, City of Ashland Information Technology Department
90 North Mountain Avenue
Ashland, Oregon 97520
Section 8: Effective Date. This Agreement shall take effect on the date it is fully executed by
authorized representatives of the City and Grantee. This Agreement may be executed in one or
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Franchise Agreement
more counterparts, each of which shall be deemed original and such counterparts shall constitute
one and the same instrument.
CITY OF ASHLAND GRANTEE:
HUNTER OM UNICATION
c_ R
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By B
y V u-~ - - Y
Dave Kann Richard Y. Rya
Title -City Administrator Title -tvT CEO
Dated iDated 112-('110 (5
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Franchise Agreement