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Ord 1476COUNCIL BILL N0. 217 ORDINANCE N0. 147 AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, HEREINAFTER SOMETIMES REFERRED ~0 AS "GRANTEE", ITS SUCCESSORS AND ASSIGNS THE RIGHT AND PRIVILEGE TO DO A GENERAL COMMUNICATION BUS- INESS 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 CITY OF WOODBURN, POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS FOR ALL TELEPHONE, TELE- GRAPH AND OTHER COMMUNICATIONS PURPOSES. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. There is hereby granted by the City of Wood- burn to Pacific Northwest Be11 Telephone Company, its successors and assigns, the right and privilege to do a general communication bus- iness within said City of Woodburn and to place, erect, lay, main- taro 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 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 suc- cessors and assigns, may be laid underground, and such other appar- atus may be used as may be necessary or proper to operate and main- taro 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 highways, 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 apparatus or repairing, renewing or replacing the same. Said work Page 1. COUNCIL BILL N0. 217 ORDINANCE N0. 1476 shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise 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 restoration 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 Pacif is I~Torthwest Be11 Telephone Company, its 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, thoroughfares and public highways, places and grounds within the City of Woodburn 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 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 reserving Company's right therein or without requiring Company to be compensated for the costs thereof . i Page 2. COUNCIL BILL N0. 217 ORDLNANCE 1476 Section 5. Whenever it beco~es necessary to temporarily re- arrange, remove, lower or raise the aerial cables or wires or other apparatus 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 a rearrangement within a reasonable period after written notice from the owner or contractor-mover de- siring to move said building, machinery or other objects. Said no- tice shall bear the approval of the Engineer for the City, shall de- tail the route of movement of the building, machinery, or other ob- ject, 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 of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the aerial fa- cilities 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. Section 6. In consideration of the rights, privileges, and franchise hereby granted, said grantee, Pacific Northwest Bell Tele- phone 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 within the corporate limits of the City of Woodburn less net uncollectibles and revenues paid directly by the United States of America or any Page 3. COUNCIL BILL N0. 217 ORDINANCE N0. 1476 of its agencies. The reasonable value of any utility service or the use of any Cor~pany facilities used or reserved for use by the City without charge shall be credited toward any payment due the City under this provision. Payment of said three percent (3%) shall be made on or before the 15th (fifteenth) day of March of each and every year for the calendar year preceding, with the exception that in the year 1976, payment shall be made only for the period commencing on July ;~, 1975, and ending December 31, 1975; and such 3% payment made 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 fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter 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 (34) days from and after its 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. `ter '~ , APPROVED: al E. Pickerin~,,,-~ ayor Passed by the Council _ _June 9, 1975 Submitted to the Mayor June 9, 1975 Approved by the Mayor June 9, 1975 Filed in the Office of the Recorder .June 9, 1975 ,~ ~l' ~.. .,~ ~~ ",r~' ~ ATTEST .~;,..~ ~ rney 0._ urr's; Recorder City of Woodburn, Oregon Page 4. ORDINANCE 1476 I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do hereby certify that I caused to be posted three copies of Ordinance No. 1476, one of which said copies posted in the City Hall on the bulletin board opposite the entrance to the Recorder's Office, in full view of the traveling public; a second one of said copies posted on the Woodburn Public Library bulletin board at 280 Garfield Street, in full view of the traveling public; a third one of said copies posted on the Paul Sowa and Sons building at 182 Young Street, in full view of the traveling public; that all of said places are public places within the corporate limits of the City of Woodburn and that all of said copies were posted on the 13th day of June , 1975. ~~ .-~ .. ,. s, Barney 0. Burris, Recorder City of Woodburn, Oregon