Spec Mtg Notice - 05/07/2001
- - - - - NOTICE - - _ _ _
A SPECIAL MEETING OF THE WOODBURN CITY COUNCIL WILL BE HELD
ON MONDAY, MAY 7, 2001 AT 7:00 P.M. AT WOODBURN CITY HALL, 270
MONTGOMERY STREET, WOODBURN, OREGON, SPECIFICALLY TO ADDRESS
THE FOLLOWING AGENDA ITEMS:
1. Continuation of a public hearing: Supplemental Review of Annexation 98-03,
Comprehensive Plan Map Amendment 98-02 and Zoning Map Amendment
98-04.
2. Woodburn Economic Opportunities Analysis and Land Suitability Study.
THE SPECIAL MEETING IS CALLED PURSUANT TO SECTION 13 OF THE
WOODBURN CHARTER AT THE REQUEST OF THE MAYOR.
DATED THIS 4TH DAY OF MAY, 2001.
~
RICHARD JENNI S, MA ~
_ "- - - - - NOTICE - - - - -
A SPECIAL MEelrlNG OF THE WOODBURN CITY COUNCIL WILL BE HELD ON
!
THURSDAY, APRIL 1~, 2001 AT 5:30 P.M. AT WOODBURN CITY HALL, 270
MONTGOMERY STRE~T, WOODBURN, OREGON, SPECIFICALLY TO ADDRESS THE
FOLLOWING AGEND~ ITEMS:
AGENDA
1 . CALL TO ORD~B
2. ROLL CALL
3. GENERAL BUSlNESS
A. Council BiI~ No. 2299 - Ordinance relating to telecommunications within
the City and pr9viding for the management of public rights of way ........... 3A
Recommended aFtion: Adopt the ordinance relating to telecommunications
within the City a~d providing for the management of public rights of way.
B. Council Bi~l No. 2301 - Resolution authorizing the City of Woodburn to
apply for a Loc,l Government Grant from Oregon Parks and Recreation
Dept. for playg~ound renovation at Legion Park ... . . . . . . . . . . . . . . . . . . . . . . .. 3B
Recommended ~ction: Approve the resolution authorizing the City of
Woodburn to apply for a local government grant from Oregon Parks and
Recreation Dep~for playground renovation at Legion Park.
C. Councilllill No. 2302 - Resolution authorizing the City of Woodburn to
Apply for a Loceal Government Grant from Oregon Parks and Recreation
Dept. for the Skate Park ............................................... 3C
Recommended ~ction: Approve the resolution authorizing the City of
Woodburn to apply for a Local Government Grantfrom Oregon Parks and Recreation
Dept for the Skate Park.
D. Bid Award: Willow Avenue Sanitary Sewer Rehabilitation. . . . . . . . . . . . .. 3D
Recommended action: Approve award of Bid No. 21-07 for Willow
Avenue Sanitary Sewer Rehabilitation to low bidder, C. R. Woods
Trucking, Inc. in the amount of$10,896.50.
E. Bid AwaI1d: Centennial Park Fencing and Concrete work .............. 3E
Recommended action: Approve award of bid for Centennial Park fencing
Page 1 - Agenda, City Council Special Meeting of April 12, 2001.
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and concrete work to low bidder, Gelco Construction Company in the
amount of 77,797. 5 O.
F. Bid Award~ Centennial Park Security Lighting ....................... 3F
Recommended ad/ion: Approve award of bid for Centennial Park Security
Lighting to low b~dder, Kunert Electric in the amount of $24,964.00.
G. Authorizadon for City Administrator to sign the Safe Drinking Water
Revolving Loan r\pplication for a water treatment plant project. . . . . . . . . . . . .. 3G
Recommended Aftion: By motion, authorize the City Administrator to
sign the Safe Drirking Water Revolving Loan Application for a water
treatment plant Project.
4. EXECUTIVE SfSSION
A. To consuJt with counsel concerning the legal rights and duties of a public body
with reg~rd to current litigation or litigation likely to be filed pursuant to ORS
192.660(1)(h)
B. To consi~er records that are exempt by law from public inspection pursuant to
ORS 194660(1)(1)
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5. ADJOURNME"lI..I
THE SPECIAL MEETING IS CALLED PURSUANT TO SECTION 13 OF THE
WOODBURN CHARllER AT THE REQUEST OF THE MAYOR.
DATED THIS 11TH DAY OF APRIL, 2001
Page 2 - Agenda, City Council Special Meeting of April 12, 200 I.
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April 9, 200 1
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council i /?L'"
John C. B~ wn, City Administrator ~
Master Tel communications Infrastructure Ordinance
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Recommendation: ~ .
It is recommended the ity Council adopt the attached Ordinance Relating to
Telecommunications wit in the City and Providing for the Management of Public Rights of
VVay. I
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Background:
The Federal T elecommu~ications Act (The Act), and Oregon Laws and rules dictate the
extent and manner in w~ich local jurisdictions can regulate telecommunications carriers.
The Act allows jurisdictipns to receive compensation for the use of their rights-of-way but
requires that they do so ion a II competitively neutral and non-discriminatory basis" . To
assure telecommunica~. Ins carriers are treated on a competitively neutral and non-
discriminatory basis, 0 er Jurisdictions that have addressed the needs of competing carriers
wanting to operate with n their communities have adopted telecommunications
infrastructure ordinancef. These ordinances establish the conditions under which facilities-
based carriers, those th~t have or will have telecommunications facilities within the City,
may obtain franchises a~d operate within public rights of way. Pursuant to the Act,
resellers or those carrieqs that lease capacity from another company are not required to
obtain franchises, but may be required to register with the local jurisdiction.
Discussion:
Late in November 2000, a local telecommunications carrier wishing to provide facilities-
based selVices in VVoodburn contacted City staff. Until that request, the City has had no
experience with addresSing competing telecommunications carriers. VVhile the City has a
franchise agreement with the existing carrier, it has had no telecommunications ordinance
in place to regulate the granting of franchises. Since November, 'staff has attended
presentations made by the representatives of other agencies regarding those agencies'
experience with telecommunications regulation, and has reviewed the master
telecommunications ordinances of a number of those agencies.
Foremost among the njtaster telecommunications ordinances reviewed is that developed by
the Metropolitan Areal Communications Commission (MACC) for its 1 5 member cities
and counties. That or~inance was developed in cooperation with telecommunications
Industry representatives, and is Intended to establish clear guidelines, standard, and
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COUNCIL BILL NO.
2299
ORDINANCE NO.
AN ORDINANCE tLATING TO TELECOMMUNICATIONS WITHIN THE
CITY; PROVIDING FOR THE MANAGEMENT OF PUBLIC RIGHTS OF WAY; AND
DECLARING AN EMER ENCY.
THE CITY OF WOODBUjRN ORDAINS AS FOLLOWS:
Section 1. Purpose. The p~rpose and intent of this Ordinance are to:
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(1) Comply with the 19~6 Telecommunications Act as it applies to local governments,
telecommunications Farriers and the services those carriers offer;
(2)
(3)
(4)
(5)
(6)
Promote competitioq on a competitively neutral basis in the provision of telecommunications
services; .
Encourage the provi~ion of advanced and competitive telecommunications services on the
widest possible basi$ to the City's businesses and residents;
Permit and manage Jeasonable access to the City's public rights-of-way for
telecommunicationslpurposes on a competitively neutral basis and conserve the limited
physical capacity of [those public rights of way held in trust by the City;
Assure that the City~ current and ongoing costs of granting and regulating private access to
and the use of the p~blic rights of way are fully compensated by the persons seeking such
access and causing ~uch costs;
Secure fair and reaspnable compensation to the City and its residents for permitting private
use of the public rig~t of way;
(7)
Assure that all telecpmmunications carriers providing facilities or services within the City,
or passing through the City, register and comply with the ordinances, rules and regulations
of the City;
(8)
Assure that the City can continue to fairly and responsibly protect the public health, safety
and welfare of its citizens;
(9)
Enable the City to discharge its public trust consistent with the rapidly evolving federal and
state regulatory policies, industry competition and technological development.
Page 1 - Council Bill No.
Ordinance No.
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(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
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"Emergency" has the meaning provided for in ORS 401.025.
"Federal Communi4tions Commission" or "FCC" means the federal administrative agency,
or its lawful successpr, authorized to regulate and oversee telecommunications carriers,
services and providejrs on a national level.
"Franchise" means ~ agreement between the City and a grantee which grants a privilege to
use public right of \\fay and utility easements within the City for a dedicated purpose and for
specific compensatitn.
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"Grantee" means th~ person to which a franchise is granted by the City.
"Oregon Public Util~ties Commission" or "OPUC" means the statutorily-created state
agency in the State ~f Oregon responsible for licensing, regulation and administration of
certain telecommunfcations carriers as set forth in Oregon Law, or its lawful successor.
"Overhead" or "Abqveground Facilities" means utility poles, utility facilities and
telecommunication~ facilities on or above the surface of the ground, including the
underground suppo~s and foundations for such facilities.
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"Person" means an lndividual, corporation, company, association, joint stock company or
association, firm, p~rtnership, or limited liability company.
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"Private telecomm~ications network" means a system, including the construction,
maintenance or operation of the system, for the provision of a service or portion of a service
that is owned or oPfrated exclusively by a person for his or her use and not for resale,
directly or indirectl~. "Private telecommunications network" includes services provided by
the State ofOrego~ pursuant to ORS 190.240 and 283.140.
"Public rights of way" means a strip of land reserved for public uses such as roadways and
sewer and water li~es and includes, but is not limited to, streets, roads, highways, bridges,
alleys, sidewalks, . trails, paths, public easements, and all other public ways or areas,
including the subs~rface under and air space over these areas. This definition applies only
to the extent of the City's right, title, interest or authority to grant a franchise to occupy and
use such areas for telecommunications facilities. "Public rights of way" also includes utility
easements as defined below.
(23)
"Telecommunications" means the transmission between and among points specified by the
user, of information of the user's choosing, without change in the form or content of the
information as sent and received.
(24)
"Telecommunications Act" means the Communications Policy Act of 1934, as amended by
subsequent enactments including the Telecommunications Act of 1996 (47 U.S.C. 151 et
seq.) and as hereaffter amended.
Page 3 - Council Bill No.
Ordinance No..
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(4)
(5)
(6)
(1)
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City has jurisdiction and regulatory management of each right of way whether the legal
interest in the right of way was obtained by grant, dedication, prescription, reservation,
condemnation, anne~ation, foreclosure or other means.
No person may occubY or encroach on a public right of way without the permission of the
City. The City gran~ permission to use rights of way by franchises and permits.
The exercise OfjUriS$iction and regulatory management ofa public right of way by the City
is not official accep ce ofthe right of way, and does not obligate the City to maintain or
repair any part ofth right of way.
The City retains theJight and privilege to cut or move any telecommunications facilities
located within the p blic rights of way of the City, as the City may determine to be
necessary, appropria e or useful in response to a public health or safety emergency.
(2)
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Section 4. Regulatqry Fees and Compensation Not a Tax.
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The fees and costs ptovided for in this Ordinance, and any compensation charged and paid
for use of the public irights of way provided for in this Ordinance, are separate from, and in
addition to all fede~l, state, local, and City charges as may be levied, imposed, or due from
a telecommunicatio*s carrier, its customers or subscribers, or on account of the lease, sale,
delivery, or transmi~sion of telecommunications services.
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The City has determined that any fee provided for by this Ordinance is not subject to the
property tax limitatipns of Article XI, Sections 1 1 and lib of the Oregon Constitution.
These fees are not irpposed on property or property owners, and these fees are not new or
increased fees. I
(3)
The fees and costs ~rovided for in this Ordinance are subject to applicable federal and state
laws.
Section 5. Purpos~ of Registration. The purpose of registration is:
(1) To assure that all te~ecommunications carriers who have facilities or provide services within
the City comply wi1h the ordinances, rules and regulations of the City.
(2) To provide the City with accurate and current information concerning the
telecommunicationS carriers who offer to provide telecommunications services within the
City, or that own or operate telecommunications facilities within the City.
(3) To assist the City in the enforcement of this Ordinance and the collection of any city
franchise fees or charges that may be due the City.
Section 6. Regist1ation Required.
Page 5 - Council Bill No,
Ordinance No.
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(2) Telecommunications: facilities shall be constructed, installed, operated and maintained in
accordance with all ~plicable federal, state and local codes, rules and regulations including
the National Electric~l Code and the National Electrical Safety Code.
Section 9. Constru~tion Permits. No person shall construct or install any
telecommunications facilitiq; within a public right of way without first obtaining a construction
permit, and paying the constjruction permit fee established in this Ordinance. No permit shall be
issued for the construction oJ- installation of telecommunications facilities within a public right of
way unless:
(1) The telecommunicatfons carrier has first filed a registration statement with the City pursuant
to this Ordinance; aqd if applicable,
(2) The telecommunicat~ons carrier has first applied for and received a franchise pursuant to
this Ordinance. ,
(1)
Section 10. Permi~ Applications.
Applications for pefi its to construct telecommunications facilities shall be submitted upon
forms to be provide by the City and shall be accompanied by drawings, plans and
specifications in su lcient detail to demonstrate:
(a) That PIe facilities will be constructed in accordance with all applicable codes,
rules and regulations.
(b) That the facilities will be constructed in accordance with the franchise
agreement.
(c) The ~ocation and route of all facilities to be installed aboveground or on
existing utility poles.
(d) The location and route of all new facilities on or in the public rights of way to
be located under the surface of the ground, including the line and grade proposed for
the burial at all points along the route that are within the public rights of way.
Applicant's existing facilities shall be differentiated on the plans from new
construction.
(e) The location of all of applicant's existing underground utilities, conduits,
ducts, pipes, mains and installations which are within the public rights of way along
the underground route proposed by the applicant. A cross section shall be provided
showing new or existing facilities in relation to the street, curb, sidewalk or right of
way.
Page 7 - Council Bill No.
Ordinance No.
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Section 16. Completion of Construction. The permittee shall comply with ariy time lines
and special construction activity conditions placed on the construction permit and promptly
complete all construction actlvities so as to minimize disruption of the city rights of way and other
public and private property. ~ll construction work within city rights of way, including restoration,
must be completed within 12P days of the date of issuance of the construction permit unless an
extension or an alternate sch~dule has been approved by the City Engineer.
Section 17. As-Buil~ Drawings. If requested by the City for a necessary public purpose,
as determined by the City, tbje permittee shall furnish the City with up to two complete sets of plans
drawn to scale and certified ~o the City as accurately depicting the location of all
telecommunications facilitief constructed pursuant to the permit. These plans shall be submitted to
the City Engineer or designeF within 60 days after completion of construction, in a format mutually
acceptable to the permittee apd the City.
Section 18. Restor~tion of Public Rights of Way and City Property.
(1)
(2)
(3)
When a permittee, ot any person acting on its behalf, does any work in or affecting a public
right of way or City property, it shall, at its own expense, promptly remove any obstructions
and restore the ways! or property to good order and condition unless otherwise directed by
the City and as deteIjrnined by the City Engineer or designee.
If weather or other cpnditions do not permit the complete restoration required by this
Section, the permitt~e shall temporarily restore the affected rights of way or property at the
permittee's sole exp~nse. The permittee shall promptly undertake and complete the required
permanent restoration when the weather or other conditions no longer prevent such
permanent restorati~n. Any corresponding modification to the construction schedule may
be subject to appro$l by the City.
If the permittee fail~ to restore rights of way or property to good order and condition, the
City shall give the Itermittee written notice and provide the permittee a reasonable period of
time not exceeding ~O days to restore the rights of way or property. If, after said notice, the
permittee fails to re$tore the rights of way or property to as good a condition as existed
before the work wa~ undertaken, the City shall cause such restoration to be made at the
expense of the pe~ittee.
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(4)
A permittee or other person acting in its behalf shall use suitable barricades, flags, flagging
attendants, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason
of such work in or affecting such rights of way or property.
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Section 19. Performance and Completion Bond. Unless otherwise provided in a
franchise agreement, a performance bond or other form of surety acceptable to the City equal to at
least 100% of the estimated cost of constructing permittee's telecommunications facilities within the
public rights of way of the City, shall be provided before construction is commenced.
Page 9 - Council Bill No~
Ordinance No.
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Section 22. Relocation or Removal of Facilities. Except in the case of an emergency,
within 90 days following written notice from the City, a grantee shall, at no expense to Grantor,
temporarily or permanently temove, relocate, change or alter the position of any
telecommunications facilitiq; within the public rights of way whenever the City has determined that
such removal, relocation, clfnge or alteration is reasonably necessary for:
(I) The construction, repair, maintenance or installation of any city or other public
improvement in or ~pon the public rights of way.
(2) The operations ofth~ City or other governmental entity in or upon the public rights of way.
(3) The public interest. I
Section 23. Remo:al of Unauthorized Facilities. Within 30 days following written notice
from the City, any grantee, elecommunications carrier, or other person that owns, controls or
maintains an unauthorized t lecommunications system, facility, or related appurtenances within the
public rights of way ofthe ~ity shall, at its own expense, remove such facilities and appurtenances
from the public rights of way of the City. Both parties are required to participate in good faith
negotiations on such issues. A telecommunications system or facility is unauthorized and subject to
removal in the following circumstances:
(1)
(2)
One year after the eiXpiration or termination of the grantee's telecommunications franchise.
Upon abandonment:of a facility within the public rights of way of the City. A facility will
be considered aban40ned when it is deactivated, out of service, or not used for its intended
and authorized pu~se for a period of 90 days or longer. A facility will not be considered
abandoned ifit is teptporarily out of service during performance of repairs or if the facility is
being replaced. Th~ City shall make a reasonable attempt to contact the telecommunications
carrier before conc1pding that a facility is abandoned. A facility may be abandoned in place
and not removed inhere is no apparent risk to the public safety, health, or welfare.
(3)
If the system or facUity was constructed or installed without the appropriate prior authority
at the time of installation.
(4)
If the system or facility was constructed or installed at a location not permitted by the
grantee's telecommunications franchise or other legally sufficient permit.
Section 24. Coordination of Construction Activities. All grantees are required to make a
good faith effort to cooperate with the City.
(1) By January 1 of each year, grantees shall provide the City with a schedule of their known
proposed construction activities in, around or that may affect the public rights of way.
(2) If requested by the City, each grantee shall meet with the City annually or as determined by
the City, to schedule and coordinate construction in the public rights of way. At that time,
Page 11 - Council Bill No.
Ordinance No.
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Section 28. Determination by the City. The City Council shall issue a written
determination granting or d~nying the application in whole or in part. If the application is denied,
the written determination sh.ll include the reasons for denial.
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Section 29. Rights ~ranted. No franchise granted pursuant to this Ordinance shall convey
any right, title or interest in tjhe public rights of way, but shall be deemed a grant to use and occupy
the public rights of way for ~e limited purposes and term, and upon the conditions stated in the
franchise agreement.
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Section 30. Term oJ Grant. Unless otherwise specified in a franchise agreement, a
telecommunications franchiie shall be for a term of five years.
Section 31. FranCh~se Territory. Unless otherwise specified in a franchise agreement, a
telecommunications franchi e shall be limited to a specific geographic area of the City to be served
by the franchise grantee, an the public rights of way necessary to serve such areas, and may
include the entire city. .
Section 32. Franchtse Fee. Each franchise granted by the City is subject to the City's right,
which is expressly reserved,i to fix a fair and reasonable compensation to be paid for the privileges
granted. Nothing in this Or4nance shall prohibit the City and a grantee from agreeing to the
compensation to be paid. T~e compensation shall be subject to the specific payment terms and
conditions contained in the franchise agreement and applicable state and federal laws.
Section 33. Amendp.ent of Grant. Conditions for amending a franchise:
(1)
A new application aJ!1d grant shall be required of any telecommunications carrier that desires
to extend or locate i$ telecommunications facilities in public rights of way of the City that
are not included in ai franchise previously granted under this Ordinance.
(2)
If ordered by the Citb-' to locate or relocate its telecommunications facilities in public rights
of way not included lin a previously granted franchise, the City shall grant an amendment
without further appUcation.
(3)
A new application and grant shall be required of any telecommunications carrier that desires
to provide a service which was not included in a franchise previously granted under this
Ordinance.
Section 34. Renewal Applications. A grantee that desires to renew its franchise under this
Ordinance shall file an application with the City for renewal of its franchise, not less than 180 days
before expiration of the current agreement, which shall include the following information:
(1) The information required under Section 26 of this Ordinance.
(2) Any information required pursuant to the franchise agreement between the City and the
grantee.
Page 13 - Council Bill No.
Ordinance No.
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(4) A transfer or assignment of a telecommunications franchise, system or integral part of a
system without prior ~pproval of the City Council under this Section or under a franchise
agreement shall be v1id and is cause for revocation of the franchise.
Section 38. Revocat~on or Termination of Franchise. A franchise to use or occupy
public rights of way of the ctty may be revoked for the following reasons:
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Construction or ope~tion in the City or in the public rights of way of the City without a
construction permit.
Construction or oper~tion at an unauthorized location.
Failure to comply wi~h Section 37 of this Ordinance with respect to sale, transfer or
assignment of a telec~mmunications system or franchise.
Misrepresentation by or on behalf of a grantee in any application to the City.
Abandonment oftelefommunications facilities in the public rights of way. As used in this
ordinance, "abando~ent" refers to facilities remaining in the right of way following the
expiration of the franphise, or not otherwise used to provide services, for a period of one
year.
Failure to relocate or remove facilities as required in this Ordinance.
Failure to pay taxes, tompensation, fees or costs when and as due the City under this
ordinance.
Insolvency or bankruptcy of the grantee.
Violation of material provisions of this Ordinance.
Violation of the material terms of a franchise agreement.
Section 39. Notice and Duty to Cure. If the City believes that grounds exist for
revocation of a franchise, the City shall give the grantee written notice of the apparent violation or
noncompliance, providing a short and concise statement of the nature and general facts of the
violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30
days, to furnish evidence that:
(1) Corrective action has been, or is being actively and expeditiously pursued, to remedy the
violation or noncompliance;
(2) Rebuts the alleged violation or noncompliance; and/or
(3) It would be in the pu~lic interest to impose some penalty or sanction less than revocation.
Page 15 - Council Bill No,
Ordinance No.
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(2)
All books, records, maps, and other documents, maintained by the grantee with respect to its
facilities within the P1l1blic rights of way shall be made available for inspection by the City at
reasonable times and intervals.
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Section 46. Service.o the City. If the City contracts for the use of telecommunication
facilities, telecommunication I services, installation, or maintenance from the grantee, the grantee
shall charge the City the graqtee's most favorable rate offered at the time of the request charged to
similar users within Oregon il'or a similar volume of service, subject to any of grantee's tariffs or
price lists on file with the O$JC. With the City's permission, the grantee may deduct the
applicable charges from fee payments. Other terms and conditions of such services may be
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specified in a separate agreer1J.ent between the City and grantee.
Section 47. Compe~sation for City Property. If any right is granted, by lease, franchise
or other manner, to use and <fcuPY city property for the installation of telecommunications
facilities, the compensation tp be paid for such right and use shall be fixed by the City.
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Section 48. Cable Ftanchise. Telecommunication carriers providing cable service shall be
subject to the requirements f~r cable franchises. .
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Section 49. Leased (:apacity. A grantee has the right, without prior City approval, to offer
or provide capacity or band~dth to its customers; however, the grantee shall notify the City that
such lease or agreement has been granted to a customer or lessee.
Section 50. Grantee Insurance. Unless otherwise provided in a franchise agreement, each
grantee shall, as a condition of the grant, secure and maintain the following liability insurance
policies insuring both the grantee and the City, and its elected and appointed officers, officials,
agents and employees as coi$sured:
(1) Comprehensive genetalliability insurance with limits not less than
(a) $3,000,000 for bodily injury or death to each person;
(b) $3,000,000 for property damage resulting from anyone accident; and,
(c) $3,000,000 for all other types ofliability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000 for
each person and $3,000,000 for each accident.
(3) Worker's compensation within statutory limits and employer's liability insurance with limits
of not less than $1,000,000.
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground
hazard and products completed hazard with limits of not less than $3,000,000.
(5) The grantee shall ma.ntain liability insurance policies required by this Section throughout
the term of the telecqmmunications franchise, and such other period of time during which
the grantee is operatibg without a franchise, or is engaged in the removal of its
Page 17 - Council Bill No~
Ordinance No.
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Section 55. Nonexclusive Grant. No franchise granted under this Ordinance shall confer 3A
any exclusive right, privilege, license or franchise to occupy or use the public rights of way of the
City for delivery of telecommunications services or any other purposes.
Section 56. severa~ility and Preemption. If any article, section, subsection, sentence,
clause, phrase, term, provisi n, condition, covenant or portion of this Ordinance is for any reason
held to be invalid or unenfor eable by a court of competent jurisdiction, or superseded by state or
federal legislation, rules, reflations or decision, the remainder of the Ordinance shall not be
affected but shall be deemedl ~s a separate, distinct and independent provision, and such holding
shall not affect the validity ojf the remaining portions. Each remaining section, subsection, sentence,
clause, phrase, provision, co~dition, covenant and portion of this Ordinance shall be valid and
enforceable to the fullest extfnt permitted by law. If federal or state laws, rules or regulations
preempt a provision or limi~he enforceability of a provision of this Ordinance, then the provision
shall be read to be preempte only to the extent required by law. If such federal or state law, rule, or
regulation is subsequently r ealed, rescinded, amended or otherwise changed so that the provision
that had been preempted is nO longer preempted, such provision shall return to full force and effect,
and shall be binding, without the requirement of further action on the part of the City.
Section 57. Penalty j In addition to, and not in lieu of any other enforcement mechanisms, a
violation of any provision o~ this Ordinance constitutes a Class I Civil Infraction which shall be
processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. Each
violation of this Ordinance c~nstitutes a separate Civil Infraction, and each day that a violation of
this Ordinance is committedior permitted to continue shall constitute a separate Civil Infraction.
Section 58. Other ~emedies. Nothing in this Ordinance shall be construed as limiting any
judicial remedies that the City may have, at law or in equity, for enforcement of this Ordinance.
Section 59. Captio~s. The captions to sections throughout this Ordinance are intended
solely to facilitate reading aq.d reference to the sections. Such captions shall not affect the meaning
or interpretation ofthis Ordihance and constitute no part of the law.
Section 60. Compli~nce with Laws. A grantee under this Ordinance shall comply with all
federal and state laws and regulations, including regulations of its administrative agencies, as well
as all ordinances, resolution~, rules and regulations of the City adopted or established during the
entire term of a franchise granted under this Ordinance, that are relevant and relate to the
construction, maintenance a~d operation of a telecommunications system.
Section 61. Consent. Wherever the consent of either the City or of the grantee is
specifically required by this Ordinance or in a franchise granted, such consent will not be
unreasonably withheld.
Section 62. Application to Existing Ordinance and Agreements. To the extent that this
Ordinance is not in conflict with and can be implemented with existing ordinance and franchise
agreements, this Ordinance ~hall apply to all existing ordinance and franchise agreements for use of
the public right of way for t~lecommunications.
Page 19 - Council Bill No.
Ordinance No.
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WOODBURN
!
3B
ORE G 0 N
Incorporated 1889
DaIie:
4/3101
Mayor and City foUnci' via John Brown, City Administrator
D. Randall W~rick, Recreation and Parks Director ~
Resolution App~oving a State Parks and Recreation Department Grant Application Legion
Park Playgrou~ Renovation and Expansion
!
,
To:
From:
HE:
RECOMMENDATIO~:
Approve the attached I resolution in support of a City application for Local Government Grant
application for expand,ng and renovating the Legion Park Playground.
BACKGROUND:
In the November 1991. election, Oregon voters approved Measure 66. This Measure directed
Lottery revenue to St te Parks. The Measure provided authority for the state legislature to
establish grant funds or local government. The Oregon Parks and Recreation Department's
next budget is expe~ted to include $5 million for matching grants to benefrt local park
acquisition, develop~nt and renovation projects.
,
DISCUSSION:
Attached is a resolutIon in support of a grant application that the Recreation and Parks
Department is now a~embling for this program. The application is due April 20, 2001. The
City is applying for aJ $20,775 grant. These funds will be matched through $20,000 from
Systems DevelopmerJt Charges and $775 in donations from the Gabriel Garren Memorial.
The total cost of the project will be $41,550.
The playground at Legion Park is deteriorated and many play elements have been removed
due to unsafe conditiqns. This playground is popular with soccer teams and others who are
visiting the athletic fiel4j/stadium are of the parle
A second playground is ~roposed near the picnic shelter. Many families who visit the picnic area within
the park do not feel comfortable sending their children to play at the current playground location. The
picnic area and current playground location are almost 500 feet apparent. Parents do not feel they can
adequately supervise th~ir children when they are at such a distance from the picnic area. Locating a
second playground witHin the picnic area will encourage more families to choose Legion Park for
picnics.
Attachment
Recreation and Parks Department
270 Montgomery Street. Woodburn, Oregon 97071
Ph.503-982-5264 . Fax 503-982-5244
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3C
WOODBURN
!
ORE G 0 N
Incorporated 1889
D8I8:
4/3101
Mayor and City poUOOI via John Brown, City Admini~7r
D. Randall W~rick, Recreation and Parks Director fir
Resolution Apprpving a State Parks and Recreation Department Grant Application for the
Skate Park .
To:
Flam:
HE:
RECOMMENDA TIONt
I
i
Approve the attached resolution in support of a City application for Local Government Grant
application for the Ska~e Park.
BACKGROUND:
!
In the November 199~' election, Oregon voters approved Measure 66. This Measure directed
Lottery revenue to Sta e Parks. The Measure provided authority for the state legislature to
establish grant funds ~ r local government. The Oregon Parks and Recreation Department's
next budget is expect~ to include $5 million for matching grants to benefit local park
acquisition, developm$nt and renovation projects.
DISCUSSION:
Attached is a resolution in support of a grant application that the Recreation and Parks
Department is now aS$embling for this program. The application is due April 20, 2001. The
City is applying for a $175,000 grant. These funds will be matched through $75,000 funded in
next year's CIP with tHe $50,000 the City Council set aside for the project, $10,000 from
Systems Developmen~ Charges and $15,000 from local donations.
The Resolution identifies Settlemier Park as the location for the project. At this point,
Settlemier Park is the most likely location for the project. However, should an alternative site
emerge through work with the Skate Park Committee and design consultant, the Recreation
and Parks Department will amend the application.
Attachment
Recreation and Parks Department
270 Momgomery Street. Woodburn, Oregon 97071
Ph.503-982-5264 . Fax 503-982-5244
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3D
MEMO
For Council AtOll, through the City Administrator ~ $
Randy Scott, qE. Tech ill, through the Public Works Director ~
Subject: Contract awar~ for Willow Avenue Sanitary Sewer Rehabilitation
Date: April 3, 2001 i
To:
From:
RECOMMENDATION:;
It is being recommended th City Council award the construction contract to the lowest
responsible bidder, C R W ods Trucking Inc. for the Willow Avenue Sanitary Sewer
Rehabilitation in the amou~ of$10,896.50.
BACKGROUND:
The contract is in conjunin with Project No. 200066-04, Bid No. 21-07, and the installation of
approximately 162 lineal t4 of 10" dia. sanitary sewer main on Willow Avenue, near the
intersection of Sycamore enue. The installation of the sanitary main will remove existing flow
from the Stevens Street pu~p station reducing overall maintenance and pumping costs.
The project will be funded psing approved sanitary sewer system capitol outlay budgeted funds.
Staff received a total of te~ qualified bids as listed below
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
C R Truckin~
I-Mac Inc. .
Western Sta~
Gelco Constfuction
Canby Exca~tion
Bobs Backh~ Service
William's & Jtyan
Hubco Excayation
Cipriano & spns
Emery & SO$
$10,896.50
$12,090.00
$12,491.04
$13,670.00
$13,414.30
$18,536.00
$19,472.00
$21,496.70
$22,700.00
$23,448.00
Engineers Estimate
$12,677.00
The low bidder is 14% bel<)w the engineers estimate, therefor staff is recommending the contract
be awarded.
Attachment" A" is a Project Location Map
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WOODBURN
Incorporated 1889
3E
ORE G 0 N
Datie:
4/5101 i
Mayor and at Council via John Bro\M1, City Administrat~
D. Randall Wfrick, Recreation and Par1<s Director ~
Bid Award - ~ntennial Park Fencing and Miscellaneous Concrete
To:
From:
HE:
RECOMMENDATIO~:
The Recreation an~ Parks Depa,rtment recommends that the City Council award a
construction contract to the lowest qualified bidder, Gelco Construction Company for the
Centennial Park, Ph~se lib - Fencing and Miscellaneous Concrete project in the amount of
$77,797.50. .
BACKGROUND:
On April 5, 2001, the I Recreation and Parks Department opened sealed bids for the
Centennial Park, Ph~se lib - Fencing and Miscellaneous Concrete project. This phase of the
project constructs b~~kstop and ballfield fencing and concrete walkways around the parking
lot and second youthibaseball/softball field.
Sealed bids were op~ned from six qualified bidders. The top three bids include:
1. Gelco Construption Company $ 77,797.50
2. Axis Curb Con!tpany $ 83,912.20
3. Woodbum Comstruction $111,830.65
!
The bid was below tHe engineer's estimate of $79,900. Project completion is required within
45 calendar days aft~r the dated "Notice to Proceed."
This improvement i$ a part of the Recreation and Parks Department's 2000-01 Capital
Improvement Budget
Recreation and Parks Department
270 Montgomery Street. Woodburn, Oregon 97071
Ph.503-982-5264 . Fax 503-982-5244
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C-" /
WOODBURN
3F
ORE G 0 N
Incorporated 1889
Datle:
4/5101
Mayor and cnv. Council via John Brcmn, City Administrat~13
D. Randall W~ck, Recreation and Parks Director fY"
Bid Award - CEf"lennial Park Seculity Ughting
To:
FIORI:
HE:
RECOMMENDATIO~:
The Recreation an[. Parks Department recommends that the City Council award a
construction contract to the lowest qualified bidder, Kunert Electric for the Centennial Park,
Phase lib - Security. ighting project in the amount of $24,964.
BACKGROUND:
On March 22, 2001, t Recreation and Parks Department opened sealed bids for the
Centennial Park, Pha lib - Security Lighting project. This phase of the project constructs
security lighting for th 1 OO-car parking facility constructed in fall of 2000.
Sealed bids were op~ned from two qualified bidders. These bids include:
1. Kunert Electric $ 24,964
2. R. J. Rouse Electric $ 29,170
The bid was above the engineer's estimate of $21 ,230. While the bid was more than the
Engineer's Estimate, the price is in line with the project budget. Project completion is
required within 45 calendar days after the dated "Notice to Proceed."
This improvement is a part of the Recreation and Parks Department's 2000-01 Capital
Improvement Budget.
Recreation and Parks Department
270 Montgomery Strut · Woodburn, Oregon 97071
Ph.50.3-982-5264 . Fax 50.3-982-5244
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-y- ....
3G
MEMO
City COTei! through City Administrato~ _
Public \^forks Program Manager4 ~
SUBJECT: Safe Driflking Water Revolving Loan Fund Application
TO:
FROM:
DATE:
April 3, 4001
RECOMMENDA TION~ By Council motion authorize the City Administrator to sign the
Safe Drinking Water ~evolving Loan application to be submitted for a water treatment
plant project.
BACKGROUND: Th~ Safe Drinking Water Revolving Loan Program was part of the
Safe Drinking Water Act of 1996. The Environmental Protection Agency (EPA)
annually provides Saf~ Drinking Water Loan Program funds to the states. In Oregon
these funds are administered jointly by the Economic Development Department and the
Drinking Water Program of the Oregon Health Division.
In July 2000, the city submitted a letter of interest to the Health Division Drinking Water
Program for the city's proposed water treatment and storage expansion project to be
evaluated for potential inclusion in the 2001 allotment of Safe Drinking Water Loan
funding. The city's letter of interest requested a loan of $4 million, the maximum loan
amount available under the drinking water loan program.
The city was informed in January 2001 that the city's proposed project is qualified for
$4 million of funding as part of the 2001 Safe Drinking Water Loan program. As a
result of this selection the city will be required to submit a long form application to the
Economic Development Department. This application is the next step in the process to
develop an agreement for the actual funding.
Staff is in the process of compiling required information and completing this long form
application and anticipates that it will be complete by April 30, 2001. The application
requires a certification that the governing body of the city has authorized the
submission. Staff recommends that the city administrator be authorized to sign the
application certifying that this requirement has been complied with.
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