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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