Ord 2327 - PGE Franchise Extens
COUNCIL BILL NO. 2425
ORDINANCE NO. 2327
AN ORDINANCE AM~NDING ORDINANCE NO. 2109, THE PORTLAND GENERAL
ELECTRIC COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL
FEBRUARY 28, 2003 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 2109 grants a franchise to the Portland General Electric
Company (PGE) to operate an electric light and power system within the corporate limits of the
City of Woodburn; and
WHEREAS, according to the terms of this ordinance this franchise expires on December
31,2002; and
WHEREAS, negotiations between the City and PGE are ongoing and a renewal of the
franchise is anticipated in the near future; and
WHEREAS, it has become necessary to extend the terms of the franchise until February
28, 2003 so that negations can be completed; and
WHEREAS, under Oregon state law and pursuant to Ordinance No. 2114, the City also
has imposed a one and one-half percent privilege tax on the gross revenues of PGE; and
WHEREAS, pursuant to applicable law, the privilege tax will continue to be collected by
the City in addition to the franchise fee; and
WHEREAS, PGE has consented the extension of the franchise under Ordinance No.
2109 and it is in the best interest of the City to amend said ordinance to allow for said extension;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Council finds that PGE has consented to this amendment.
Section 2. The terms and conditions of Ordinance No. 2109 are readopted subject to
Section 3 below.
Section 3. Section 2 of Ordinance No. 2109 is amended to read as follows:
Section 2. Terms of Franchise. This ordinance shall become
effective pursuant to the Woodburn Charter, and shall terminate on
February 28,2003, except:
A. If the Company fails, neglects or refuses to perform any or
all of its obligations or requirements pursuant to this Franchise for thirty
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(30) days following written notice by the City demanding such
performartce, then this Franchise may be terminated by the City Council
and the Opmpany shall forfeit all rights and privileges hereby granted.
B.! If the State of Oregon or the PUC amends or adopts a state
statute or rdministrative rule that would affect a material term, condition,
right or olHigation under this Franchise, either party may reopen Franchise
negotiations with regard to such term, condition, right or obligation in
order to a41dress the change required or allowed by the new or amended
state statute or administrative rule.
C. If the Company is found guilty of providing fraudulent
financial information to the City or fails to obtain or maintain any permit
required by federal or state law.
D. The City reserves the right to cancel this Franchise at any
time upon one year's written notice to the Company in the event that the
City decides to engage in public ownership of light and power facilities
and the p~blic distribution of electric energy.
Section 4. This ordinance being necessary for the immediate preservation for the public
peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage and approval by the Mayor.
Approved as to form:
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
December 9, 2002
December II, 2002
December 11. 2002
Filed in the Office of the Recorder
December II, 2002
ATTEST: /1~~~
Mary(Ten nt City Recorder
City ofWooqburn, Oregon
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Ordinance No. 2327
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