Res. 2162 - Right of Way Utility License and Usage Fee RatesCOUNCIL BILL NO. 3138
RESOLUTION NO.2162
A RESOLUTION SETTING THE RIGHT-OF-WAY UTILITY LICENSE AND USAGE FEE RATES
WITHIN THE CITY OF WOODBURN
WHEREAS, the City of Woodburn ("City") has constitutional and charter
authority to manage its rights -of -way and utility usage within the City; and
WHEREAS, the Woodburn City Council adopted an ordinance regulating
utilities operating within the City and exercising the City's authority to secure
compensation to the City and its residents for utility use;
WHEREAS, per the ordinance the Woodburn Council shall by resolution
establish Utility Licensing fees;
WHEREAS, per the ordinance the Woodburn Council shall by resolution
establish a Franchise negotiations fee; and
WHEREAS, per ordinance the Woodburn City Council shall by resolution
establish Usage fees; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Utility License application fee shall be $300.00 (excluding
Small Cell Wireless Facilities) and shall include an initial five-year license (if
approved).
Section 2. Utility License application fee for Small Cell Wireless Facilities, as
they involve both access to rights -of -way and vertical infrastructure shall be
$500.00 for up to 5 sites and $t 00.00 for each additional site, plus any additional
reasonable fees the City must incur for outside expertise to evaluate such
applications, including compliance with the Federal Communication
Commission "RF" standards.
Section 3. The Utility License renewal fee (excluding Small Cell Wireless
Facilities) shall be $250.00 for a five-year license.
Section 4. The refundable franchise negotiation deposit shall be $5,000.00;
Page 1 Council Bill No. 3138
Resolution No. 2162
Section 5. The usage fee shall be as follows, to the extent permitted under
applicable law:
Service
Usage Fee Rate
Electric: Provides services to customer within
5% of gross revenue
Woodburn via owned or non -owned facilities
located within the Cit 's ROW
Natural Gas: Providing services to customer
5% of gross revenue
within Woodburn via owned or non -owned
facilities located within the Cit 's ROW.
Cable Television
5% of qross revenue
Communications* (other than Small Cell
7% of gross revenue
Wireless** Facilities): Providing services to
customer within Woodburn via owned or non -
owned facilities located within the Cit 's ROW
Attachment fee (other than Small Cell Wireless**
$5,000 per attachment per year
Facilities)
Small Cell Wireless** Communications Facilities
$270.00 per attachment per year
Usage of owned or non -owned facilities in the
$3.00 per linear foot of Utility
rights -of -way for purposes other than generating
Facilities in the rights -of -way or a
revenue or providing services to customers within
minimum annual fee of $5,000.00,
the City.
whichever is greater. The per -
linear -foot fee and the minimum
fee shall increase 3% annually on
July 1st of each year, beginning
2022
"Gross Revenue" shall have the meaning defined in the Utility Services
Ordinance.
Section 6: The annual attachment fee (excluding Small Cell Wireless
Facilities) shall be $5,000.00 per attachment. The attachment fee shall increase
3% annual on July 1 st of each year, beginning on July 1, 2022.
Section 7: The annual attachment fee for Small Cell Wireless Facilities shall
be the fair market value of such attachments, but until the Federal
Communications Commission September 26, 2018 small cell order is overturned,
City staff are directed to establish what the reasonable approximation of costs
for such attachment are, but it no case less than $270.00 per attachment, per
year.
Page 2 Council Bill No. 3138
Resolution No. 2162
* "Communications" shall have the meaning defined in Woodburn's Utility
Service Ordinance and shall include telecommunication utilities, long distance
providers, private networks, wireless, wireline, VoIP, ILEC, CLEC, inter and
intrastate.
** "Small Cell Wireless Facilities" shall have the meaning defined in
Woodburn's Utility Service Ordinance,
Section 8. The fees implemented by this Resolution take effect on January
1,2021.
Approved as to Form:
City Attorney Date
APPROVED:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Resolution No. 2162