Ord 2485 - Datavision Franchise (telecommunications) COUNCIL BILL NO. 2884
ORDINANCE NO. 2485
AN ORDINANCE READOPTING ORDINANCE 2291 (THE DATAVISION
COMMUNICATIONS, LLC FRANCHISE) UNTIL JUNE 30, 2012 AND DECLARING AN
EMERGENCY.
WHEREAS, Ordinance 2291 granted a franchise to DataVision
Communications LLC, ( "DataVision ") to place telecommunications facilities in
certain city rights -of -way; and
WHEREAS, the DataVision franchise expired on June 25, 2011; and
WHEREAS, DataVision has consented and continues to consent to
continuation of the franchise; and
WHEREAS, DataVision has agreed to conform to the terms of a
readopted Ordinance 2291 until June 30, 2012; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2291, which is attached hereto as Exhibit "A ", is
readopted in its entirety except for Section 4, Term, which is not readopted.
Section 2. Section 4, Term, of Ordinance 2291 shall read as follows:
Section 4. The Franchise shall expire at the end of the
fiscal year, June 30, 2012.
Section 3. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
Franchisee is able to continue to operate its telecommunications facilities while
negotiations take place, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage and approval by the Mayor.
Approved as to form: %? J 1 Z `) 1
City Attorney Date
Approved: St. ✓uS P
Kathryn Figley, Mayor
Page 1 - Council Bill No. 2884
Ordinance No. 2485
Passed by
2 the Council / !Z // Zo Y / /
Submitted to the Mayor . /Z(/3720//
Approved by the Mayor /a�/i72a //
Filed in the Offi • the Recorder /27S
ATTEST: _
hristina Shearer,i y Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2884
Ordinance No. 2485
EXHIBIT A
Page ! of 3 �
COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO DATA
VISION COMMUNICATIONS, A DIVISION OF GERVAIS TELEPHONE TO OCCUPY
CERTAIN RIGHTS -OF -WAY WITHIN THE CITY OF WOODBURN.
WHEREAS, the City regulates the placement of telecommunications facilities within City
rights -of -way pursuant to Ordinance No. 2284, which governs the construction and franchising
of telecommunications utilities operating within the City and desiring to occupy City rights -of-
way; and
WHEREAS, the City received a request from Data Vision Communications, a division of
Gervais Telephone, to place telecommunications facilities in certain rights -of -way within the
City in order to provide service within the City, which facility locations are shown on the
attached Exhibit "A "; and
WHEREAS, the City has reviewed the request and application filed by Data Vision
Communications and finds that the company has the requisite authority to provide these services
from the Federal Communications Commission ( "FCC ") and that the level of impact on the
City's rights -of -way will be acceptable, and the City Council therefore desires to issue a
franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODBURN
ORDAINS AS FOLLOWS:
Section 1. Franchise Grant.
A. Subject to the terms and conditions contained herein, the City of Woodburn does
hereby grant to Data Vision Communications, a division of Gervais Telephone
(hereinafter "Grantee ") a telecommunications franchise to locate its facilities
within the rights -of -way of the City, as shown on Exhibit "A" and described in
Grantee's application for a franchise.
B. Such grant is subject to all of the laws and ordinances of the City of Woodburn
and the State of Oregon.
C. The scope of this grant allows the installation of facilities by Grantee in the City's
rights -of -way as depicted in Exhibit "A ". Such facilities shall be used by Grantee
to provide telecommunications services consistent with the authority granted by
the FCC. In the event either the location of Grantee's facilities or the nature of
the services provided is proposed for modification, Grantee shall be required to
obtain an additional or revised franchise from the City.
Page 1 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
EXHIBIT _. ...--
Page 2 0_1_,
Section 2. Construction Standards.
A. The construction standards of the City of Woodburn, as well as any other
applicable construction standards in existence at the time of this franchise grant or
hereafter enacted, shall apply to all work performed by the Grantee in City rights -
of -way.
B. The Grantee's facilities shall not interfere in any way with any of the City's
communications or other public and city- permitted facilities, including other
franchised facilities, either as installed or during operation. The Grantee will
compensate the provider of power directly for the cost of power consumed in
support of Grantee's facilities, and shall hold the City completely harmless from
any power cost.
C. The Grantee shall locate below the surface of the ground all wiring and physical
improvements within City rights -of -way, unless it is physically impossible to do
so. Placement of any improvements above ground, or on poles shall only be with
the prior review and approval of the City.
D. Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall independently obtain prior written approval from the owner and/or
operator of the poles on which its facilities shall be placed. Upon request,
Grantee shall provide copies of such written approvals for City review.
E. Where permission is granted by the City to locate Grantee's facilities upon poles,
Grantee shall undertake all wiring and physical improvements required by the
owner of each pole to which its facilities are to be attached. In the case of City-
owned poled or fixtures, such work shall be performed subject to the approval of
the City Engineer or his designee.
Section 3. Franchise Fee. The franchise fee payable to the City shall be 7% (seven percent) of
the Grantee's gross revenues earned within the corporate limits of the City. In the event no
revenues are earned, but Grantee is actually occupying City rights -of -way, Grantee shall pay a
minimum annual franchise fee of $1,000. Franchise fees shall be payable quarterly, on or before
April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Such payment
made by the Grantee will be accepted by the City of Woodburn from the Grantee, as 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, 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. Payments made more than ten calendar days beyond the due
date shall bear interest at the rate of 9% per annum.
Page 2 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291
EXHIBIT A
Page 3 of 3
Section 4. Term. The term of this franchise shall be five (5) years. This franchise shall be
subject to one automatic renewal on the same terms and conditions for an additional period of
five (5) years unless notice is given by either party 180 days in advance of the expiration of the
franchise of it's intention to terminate or re- negotiate the franchise. This franchise shall be
effective upon the date of Grantee's written acceptance of this grant.
Section 5. Acceptance. The grant of franchise herein is conditioned upon Grantee's acceptance
of all terms and conditions hereof in writing in a form acceptable to the City.
Approved as to form: �• 6-7 _ z 0
N. Robert Shields, City Attorney Date
Approved:
Richard Jennin s May
Passed by the Council June 11, 2001
Submitted to the Mayor June 12, 2001
Approved by the Mayor June 12, 2001
Filed in the Office of the Recorder June 12, 2001
ATTEST:
Mary Tennant, City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2318
ORDINANCE NO. 2291