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Ordinance 1934COUNCIL BILL N0. 910 ORDINANCE N0. 1934 AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY THE RIGHT TO OPERATE A GENERAL COMP~UNICATION BUSINESS WITHIN THE CITY OF WOODBURN. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. There is hereby granted by the City of Woodburn to Pacific Northwest Bell Telephone Company, its successors and assigns, the right and privilege to conduct a general communication business within said City of Woodburn and to place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the said City, poles, wires and other appliances and conductors for all telephone, telegraph and other communications 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. Section 2. It shall be lawful for said Pacific Northwest Bell Telephone Company, its successors and assigns, to make all needful excavations in any of such streets, alleys, avenues, thorough- fares and public high:~~ays, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles, or other supports or conduits for said wires and appliances and auxiliary Page 1 - COUNCIL BILL N0. 910 ORDINANCE N0. 1934 apparatus or repairing, renevaing or replacing the same. Said ~vork shall be done in compliance with the necessary rules, regulations, ordinances or orders, -vhich may during the continuance of this fran- chise be adopted from time to time by the City of Woodburn. 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 Woodburn shall have the right to fix a reasonable time within which such repairs and restor- ation of streets shall be completed, and upon failure of such repairs being made by said Company, its successors and assigns, the said City shall cause such repairs to be made at the expense of said Pacific Northwest Bell Telephone Company, it successors and assigns. Section 4. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City of Woodburn from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thorough- fares and public highways, places and grounds within the City of V~oodburn in or upon which the poles, wires or other conductors of said company shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes, or other apparatus. The City shall not require the Company to remove or Page 2 - COUNCIL BILL N0. 910 ORDINANCE N0. 1934 relocate its facilities or vacate any street, alley or other public way incidental to any public housing or reneGVal project under ORS Chapters 456 or 457 without reserving Company's right therein or without requiring Company to be compensated for the costs thereof. Section 5. Whenever it becomes necessary to temporarily rearrange, remove or raise the aerial cables or wires or other appara- tus of the Company 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 Company will perform such rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Engineer for the City, shall detail the route of movement of the building, machinery, or other object, shall provide that the costs incurred by the Company 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 Company harmless of and from any and all damages or claims whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the facilities of the Company, and if required by the Company, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Company. Page 3 - COUNCIL BILL N0. 910 ORDINANCE N0. 1934 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 Woodburn from and after the date of the acceptance of this franchise, and until its expiration, annually, three percent (3%) per annum of its gross local service revenues derived from services other than competitive services within the corporate limits of the City of 4oodburn 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 Bell Boy, the provision of inside wiring and any PNB service that is now or herafter detariffed or deregulated by the Oregon Public Utility Commissioner. 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 Company 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 provi- sion. Payment of said three percent (3%) shall be made quarterly, on or before the fifteenth day of Parch, June, September, and December of each and every year for the calendar year preceding, with the exception that in the year 1985, payment shall be made only for the period commencing on July 11, 1985 and ending December 31, 1985; for the period from January 1, 1985 to July 11, 1985, Ordinance No. 217 shall be in effect. Such three percent (3%) payment made Page 4 - COUNCIL BILL N0. 910 ORDINANCE N0. 1934 by the grantee will be accepted by the City of Woodburn from the grantee, also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit or inspection fees or similar charges for street openings, installations, con- struction or for any other purpose now or herafter to be imposed by the City of Woodburn upon the grantee during the term of this franchise. Section 7. The rights, privileges and franchise herein granted shall continue and be in force for the period of ten (10) years from and after the date this ordinance becomes effective. Section 8. This ordinance shall take effect and be in force thirty (30) days from and after it passage and approval, and the said grantee shall, within thirty (30) days of the passage and approval of this ordinance, file with the Recorder of the City of Woodburn its written acceptance of all the terms and conditions of this ordinance. ,~- Approved as to form: ~ . ~ Z ® _ G "~ City Attorney ,.> Date APPROVED:.' 't~'~`';~-~ ~ - ~_ ~; ,,,~ .~ ~ ,w y:; 4dILLIAD1 J. COSTINE, MAYOR Passed by the Council Submitted to the ~1ayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: z..;~~. k r. , `BARNEY C: BURRIS, RECORDER CITY OF WOODBURN, OREGON December 23, 1985 December 24, 1985 -Aes€m~er ~~I-,-1Q85 December 24, 1985 Page 5 _ COUNCIL BILL N0. 910 ORDINANCE N0. 1934