Ord 2517 - Zayo Group FranchiseCOUNCIL BILL NO. 2950
ORDINANCE NO. 2517
AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO ZAYO GROUP TO
OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN
WHEREAS, the City regulates the placement of telecommunications
facilities within the City rights-of-way pursuant to Ordinance 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 Zayo Group, a Delaware
limited liability company, registered in Oregon, to place telecommunications
facilities in certain rights-of-way within the City in order to provide service within
the City, which proposed facility locations are shown on the attached Exhibit
"A"; and
WHEREAS, the City has reviewed the request and application filed by Zayo
Group and finds that the company has the requisite authority to provide these
services from the Oregon Public Utility Commission ("OPUC") 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 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 Zayo Group, (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 to applicable state and federal law.
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 OPUC. 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. 2950
Ordinance No. 2517
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 poles 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. Notwithstanding the type of telecommunications services
provided, Grantee shall pay a minimum annual franchise fee of $1,000 for the
privilege of using the City's rights-of-way. Franchise fees shall be payable
quarterly, on or before April 30, July 31, October 31 and January 31, for the
preceding calendar quarter. Payments made more than ten calendar days
beyond the due date shall bear interest at the rate of 9% per annum.
Section 4. Audit. The City shall have the right to annually audit the
books and records of the Grantee to verify compliance with the terms and
Page 2 - Council Bill No. 2950
Ordinance No. 2517
conditions of this franchise. At the City's request, the Grantee shall provide the
City's agents access to the Grantee's books and records, as necessary, to
conduct a thorough audit.
Section 5. 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 its intention
to terminate or renegotiate the franchise. This franchise shall be effective upon
the date of Grantee's written acceptance of this grant.
Section 6. Indemnification. To the extent permitted by law, the Grantee
shall defend, indemnify and hold the City and its officers, employees, agents
and representatives harmless from and against any and all damages, losses and
expenses, including reasonable attorney's fees and costs of suit or defense,
arising out of, resulting from or alleged to arise out of or result from the negligent,
careless or wrongful acts, omissions, failures to act or misconduct of the grantee
or its affiliates, officers, employees, agents, contractors or subcontractors in the
construction, operation, maintenance, repair or removal of its
telecommunications facilities, and in providing or offering telecommunications
services over the facilities or network, whether such acts or omissions are
authorized, allowed or prohibited by this Ordinance or by a franchise
agreement made or entered into pursuant to this Ordinance.
Section 7. 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:
City Aft
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Page 3 - Council Bill No. 2950
Ordinance No. 2517
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Filed in the Office of the Recorder
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Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Bill No. 2950
Ordinance No. 2517
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EXHIBIT'A'
ZAYO GROUP FACILITY LOCATIONS
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