Ord 2185 - Assert Juris ROW
COUNCIL BILL NO. 1772
ORDINANCE NO. 2185
AN ORDINANCE ASSERTING JURISDICTION OVER THE PUBLIC RIGHTS-OF-WAY
WITHIN THE CITY UNDER THE AUTHORITY OF CITY CHARTER AND STATE LAW;
EXERCISING PUBLIC AUTHORITY OVER SAID RIGHTS-OF-WAY; REQUIRING
PERMISSION TO USE RIGHTS-OF-WAY; AND DECLARING AN EMERGENCY.
WHEREAS, the legal deregulation of utility services is a continuing trend; and
WHEREAS, there is a need to clarify the city's existing jurisdiction over all
publicly owned and managed rights-of-way; and
WHEREAS, this ordinance clarifies the city's position and provides notice to
all entities of the city's scope of regulatory control within said rights-of-way; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions. For the purpose of this ordinance, the following mean:
~ The city of Woodburn, Oregon.
Person: Individual, corporation, association, firm, partnership, joint stock company,
and similar entities.
Public riahts-of-wav: Include, but are not limited to, streets, roads, highways,
bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or
areas, including subsurface and air space over these areas.
Within the citv: Territory over which the city now has or acquires jurisdiction for the
exercise of its powers.
Section 2. Jurisdiction. The city of Woodburn has jurisdiction and exercises
regulatory control over all public rights-of-way within the city under the authority of
the city charter and state law.
Section 3. ScoDe of Reaulatory Control. The city has jurisdiction and exercises
regulatory control over each public right-of-way whether the city has a fee, easement,
or other legal interest in the right-of-way. The city has jurisdiction and regulatory
control over each right-of-way whether the legal interest in the right-of-way was
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COUNCIL BILL NO. 1772
ORDINANCE NO. 2185
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obtained by grant, dedication, prescription, reservation, condemnation, annexation,
foreclosure or other means.
Section 4. City Permission Reauirement. No person may occupy or encroach
on a public right-of-way without the permission of the city. The city grants
permission to use rights-of-way by franchises, licenses and permits.
Section 5. ObllQations of the City. The exercise of jurisdiction and regulatory
control over a public right-of-way by the city is not official acceptance of the right-of-
way, and does not obligate the city to maintain or repair any part of the right-of-way.
Section 6. Severabilitv. Invalidity of a section or part of a section of this
ordinance shall not affect the validity of the remaining sections or parts of sections.
Section 7. Emeraency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, and 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:
City Attorney
Date
APPROVED:
"
Passed by the Council
January 27, 1997
Submitted to the Mayor
January 28, 1997
Approved by the Mayor
January 28, 1997
Filed in the Office of the Recorder
ATTEST: ma...v-l~~~
M~nnant, City Recorder
City of Woodburn, Oregon
January 28, 1997
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COUNCIL BILL NO. 1772
ORDINANCE NO. 2185
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