Ord 2041 - Amnd Ord 1934 Franch
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COUNCIL BILL NO. 1223
ORDINANCE NO. 2041
AN ORDINANCE AMENDING ORDINANCE 1934 (THE TELEPHONE FRANCHISE ORDINANCE)
AND DECLARING AN EMERGENCY.
WHEREAS. the 1989 Oregon Legislature passed HB 3000 which modified
the method by which cities compute telephone franchise revenues and the
information displayed on telephone bills, and
WHEREAS. Ordinance 1934 grants a franchise to Pacific Northwest
Bell Telephone Company to operate a general communication business within
the City. and
WHEREAS, Pacific Northwest Bell has by letter to the City Adminis-
trator dated April 10, 1990 (attached to this Ordinance and incorporated
herein) consented to the amendment of this existing franchise as set forth
below, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Secti on 1. Secti on 6, Ordi nance 1934 is hereby amended to read
as follows:
Section 6. In consideration of the rights, privileges, and fran-
chise hereby granted, said Grantee, Pacific Northwest Bell Telephone
Company, its successors and assigns, shall pay to the City of
Woodburn from and after the effecti ve date of the amendment to
this franchise, and until June 30, 1990, annually, three percent
(3%) per annum of it gross local service revenues derived from
services other than competitive services within the corporate
limits of the City of Woodburn less net uncollectibles and revenue
paid directly to the Grantee by the United States of America or
any of its agencies. Services that are competitive for purposes
of this franchise include Grantee's Centrex and Centrex type
services such as Corecom, Private Line and Private Line type
services such as Digicom, Radio type services such as Mobile
Communications and Bellboy, the provision of inside wiring and
any PNB service that is now or hereafter the subject of detariffing,
regulatory forbearance or deregulation by the Oregon Public Utility
Commission. Revenues derived from competitive services shall
be excl uded from the franchi se fee base under thi s franchi se until
June 30, 1990. Effective July 1, 1990, and until the franchise's
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ORDINANCE NO. 2041
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expiration, said Grantee shall pay to the City of Woodburn,
annua lly, fi ve percent (5%) of its gross revenues deri ved from
exchange access services, as defined in ORS 401.710, within the
corporate limits of the City of Woodburn less net uncollectibles
and revenue paid directly to the Grantee by the United States
of America or any of its agencies. The reasonable value of any
utility service or the use of any Grantee facilities used or
reserved for use by the City wi thout Grantee I s prescri bed cha rges
shall be credited toward any payment due the City under this
provision. Payment of this franchise fee shall be made on a
quarterly basis on or before the fifteenth day of March, June,
September, and December of each and every year for the calendar
quarters year preceding. For the year 1990, payment of said three
percent (3%) shall be made only for the period January 1, 1990
to June 30, 1990 and payment of said fi ve percent (5%) sha 11 be
made for the period July 1, 1990 to December 31, 1990. Such
payments made by the Grantee will be accepted by the City of Wood-
burn from the Grantee, 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, installa-
tions, 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.
Section 2. This ordinance being necessary for the immediate preser-
vation of the public peace, health, and safety, an emergency is declared
to exist and this ordinance shall take effect immediately upon passage by
the Council and approval by the Mayor.
Approved as to
form:~.n- ~
City Attorney
s/zz/
. Date
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
APPROVED: ~~........~ ~
NANCY A. RKS Y, MAYOR
May 21, 1990
May 21, 1990
May 21, 1990
May 21, 1990
ATTEST: Ma~~~~Y~COrder
City of Woodburn, Oregon
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ORDINANCE NO. 2041