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Ord 2177 - US West Comm Contract COUNCIL BILL NO. 1747 ORDINANCE NO. 2177 AN ORDINANCE GRANTING TO U S WEST COMMUNICATIONS, INCORPORATED, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO DO A GENERAL COMMUNICATION BUSINESS AND TO OPERATE WITHIN THE CITY OF WOODBURN, REPEALING ORDINANCE NOS. 1934, 2041 AND 2163 AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. There is hereby granted by the City of Woodburn to U S WEST Communications, Incorporated ("Grantee"), its successors and assigns, the right and privilege to do a general communication business within said City of Woodburn and to place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the said City, poles, wires and other appliances and conductors for all telephone and other communications purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or at the option of the Grantee, it successors and assigns, may be laid underground, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Section 2. It shall be lawful for said Grantee, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits for such wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. The work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of Woodburn. Except in an emergency, Grantee shall not excavate in the rights-of-way without first obtaining a City "Right-of-Way Improvement" permit. Grantee will ensure that all requirements are met as the contractor for the work. In emergency situations, Grantee may make initial contact by telephone, but a permit must be obtained as soon as possible. Section 3. Whenever Grantee, its successors and assigns, shall disturb any of the streets for the purpose aforesaid, it or they shall restore the same to good order and condition as soon as practicable without unnecessary delay, and failing to do so the City of Woodburn shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs and restoration being made by the Grantee, its successors and assigns, the said City Page 1 - COUNCIL BILL NO. 1747 ORDINANCE NO.2177 ... -_._.~--"'---'"-~-"---"-'-~'-'~-----~"'- , shall cause the repairs to be made at the expense of the Grantee, its successors and assigns. Section 4. Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the City of Woodburn from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds within the City of Woodburn in or upon which the poles, wires or conductors of the Grantee shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes or other apparatus. Grantee shall relocate or remove such facilities when in conflict with City work at no cost to the City. However, the costs of relocating or removing Grantee's facilities for the convenience of or at the request of a private developer or development shall be borne by such private developer or development. The City shall not require Grantee to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving Grantee's right to access available grant funding. In the event of major improvement projects the City may direct that all aerial transmission and distribution facilities be placed jointly underground. Payment for such work shall be in accordance with applicable Oregon Revised Statutes and Administrative Rules. Section 5. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the Grantee to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the City, the Grantee will perform such a rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the City, shall detail the route of movement of the building, machinery, or other object, shall provide that the costs incurred by the Grantee in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save the Company harmless of and from any and all damages of claims whatsoever kind or nature, caused directly or indirectly from such temporary rearrangement of the facilities of the Grantee, and if required by the Grantee, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Grantee. Section 6. In consideration of the rights, privileges, and franchise hereby granted, said Grantee, U S WEST Communications, Incorporated, its successors and assigns, shall pay to the City of Woodburn from and after the date of the acceptance of this franchise, and until its expiration, quarterly, seven percent (7%) per annum of its gross revenues derived from exchange access services as defined in ORS 401.710 Page 2 - COUNCIL BILL NO. 1747 ORDINANCE NO. 2177 ------~~_.._..__. within the corporate limits of the City of Woodburn less net uncollectibles. Payment shall be made quarterly, on or before April 30, July 31, October 31 and January 31 for the preceding calendar quarter. Such payment made by the Grantee will be accepted by the City of Woodburn 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, installations, 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 7. The rights, privileges and franchise herein granted shall continue and be in force for the period of ten (10) years from and after the date this Ordinance becomes effective, except that it is understood and agreed that either party may terminate this Agreement after 180 days notice in writing. This Ordinance shall be subject to any and all State and Federal legislative enactments. Section 8. The right to use and occupy said streets, alleys, avenues, thoroughfares and public highways, places and grounds within the said City for the purposes set forth herein shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, avenues, thoroughfares and public highways, places and grounds to any person at any time during the period of this franchise. Section 9. Grantee shall indemnify, defend and hold harmless the City and its officers, agents and employees from damages, costs and expense arising from any injury to persons or property by reason of the negligent act or omission of Grantee, its agents or employees in exercising the rights and privileges herein granted. Grantee shall at all times comply with any lawful present or future charter provisions, ordinances, rules or regulations of the City relating to the manner of occupation or use, or to the repair or improvement of City streets and sidewalks. Section 10. This Ordinance being necessary for the immediate preservation 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. Grantee shall, within thirty (30) days of the passage and approval of this Ordinance, file with the Recorder of the City of Woodburn its written acceptance of all the terms and conditions of the Ordinance. If such written acceptance is not performed within said thirty (30) days, this ordinance shall become null and void. Section 11. Ordinance Nos. 1934, 2041 and 2163 are hereby repealed. Approved as to for97.'1lt" ~ q ~ S - 16 City Attorney Date Page 3 - COUNCIL BILL NO. 1747 ORDINANCE NO. 2177 ----- --r--------------- APPROVED: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /'(1~~4 Mary nnant, City Recorder City of Woodburn, Oregon Page 4 - COUNCIL BILL NO. 1747 ORDINANCE NO. 2177 < < < <<--- -r----<---< Se tember 9 1996 September 10, 1996 September 10, 1996 September 10, 1996