HomeMy WebLinkAbout2575 Pacific NW Bell Telephone ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ASHLAND AMENDING ORDINANCE NO. 2474
GRANTING A FRANCHISE TO PACIFIC NORTHWEST BELL TELEPHONE CO.
PURSUANT TO H.B. 3000.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of H.B. 3000 adopted by the
1989 Oregon Legislative Assembly, Section 6 of the Ashland Ordinance
No. 2474 is hereby amended to read as follows:
"Section 6. In consideration of the'rights, privileges, and
franchise hereby granted, said Grantee, Pacific Northwest Bell
Telephone Company, its successors and assigns, shall pay to the
City of Ashland from and after the effective date of the amendment
to this franchise, and until June 30, 1990, 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 of Ashland less net uncollectibles and revenue paid directly
to the Grantee by the United States of America or any of its
agencies. 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 until June 30, 1990.
Effective July 1, 1990, and until the franchise's expiration, said
Grantee shall pay to the city of Ashland, seven percent (7%) of its
gross revenues derived from exchange access services, as defined in
ORS 401.710, within the corporate limits of the City of Ashland
less net uncollectibles and revenue paid directly to the Grantee by
the United States of America or any of its agencies. 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 this franchise fee shall be
made quarterly or before April 30, July 31, October 31 and January
31 for the calendar quarters immediately preceding. Such payments
made by the Grantee will be accepted by the City of Ashland from
the Grantee, also in payment of any business license or occupation
tax or fee for revenue or regulation, or for any other purpose now
or hereafter to be imposed by the City of Ashland 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 the street openings and installations or
construction in the public rights-of-way.
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.
At the City's request the Grantee shall provide the city's auditors
access to the Grantee's books and records.
SECTION 2.
The foregoing Ordinance was first read on the ~ day of
This ordinance shall be effective on July 1, 1990.
, 1990 and duly PASSED and ADOPTED this
, 1990.
~Fday of
Nan E. Franklin
City Recorder
SIGNED and APPROVED this
day of
, 1990
Catherine M. Golden
Mayor