HomeMy WebLinkAbout2011-269 Franchise Agrmt - Sprint FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the
City of Ashland, an Oregon municipal corporation ("City") and Sprint Communications Company
L.P., a Delaware limited partnership ("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 of Franchise. The City hereby grants to Grantee a nonexclusive franchise to use
the public rights-of-way with the City to construct, operate and maintain a telecommunication
system as a limited use telecommunications Grantee as defined in AMC 16.24.070D.
Section 2: Tenn. The term of this franchise shall be five (5) years from the effective date set in
Section 8, unless terminated sooner as provided in this agreement or as provided in Title 16 of the
Ashland Municipal Code. (See 16.20.070)
(a) The City reserves the right to revise its franchise ordinance(s) at any time to address evolving
communications technologies, trends in telecommunications and utility industries, and improved
methods of managing public rights-of-way. The City may amend this Agreement upon adoption of
revisions to the City's franchise ordinances pursuant to established public notice and comment or
other due process, if any, as required under the City's charter, ordinances, and under State law.
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: Performance.
(a) During the tern of this Agreement, the Grantee agrees to comply with all lawful terns and
conditions of AMC Title 16, the provisions of which are incorporated herein as though fully set
forth.
CID 504628
AID 404684
(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 fee established in AMC 16.24.070 and set by Council resolution.
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
Grantee's payment of franchise fees as related to its operating in the City of Ashland as a limited
use telecommunication Grantee as defined in AMC 16.24.070. The Grantee agrees to provide
access to current and accurate books, maps, and other records that are deemed directly relevant to
calculation of franchise fee payments by the City's officers and/or agents. Grantee shall provide
reasonable access during normal business hours, upon no less than fourteen (14) days prior written
notice by the City. Any difference of payment and required interest 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
construed 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: Sprint Communications Company L.P.
Attn: Manager, Real Estate
Mailstop: KSOPHT0101-Z2040
6391 Sprint Parkway
Overland Park, KS 66251
With a mandatory copy to: Sprint/Nextel Law Department
Attn: Real Estate Attorney
Mailstop: KSOPHTO101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251
If to City: City of Ashland Information
Attn: City Attorney
20 E Main Street
Ashland, Oregon 97520
Section 8: Effective Date. This Agreement shall take effect on October 1, 2011. This Agreement
may be executed in one or more counterparts, each of which shall be deemed an original, and such
counterparts shall constitute one and the same instrument.
CITY OF ASHLAND GRANTEE
By: By:
Title: Title:
Date: lI q d// Date: c1-15 2S�\\