Ord 2163 - Readopt Provns O 1934
COUNCIL BILL NO. 1689
ORDINANCE NO. 2163
AN ORDINANCE READOPTING THE PROVISIONS OF ORDINANCE NO. 1934. THE
TELEPHONE FRANCHISE ORDINANCE UNTIL A NEW FRANCHISE IS APPROVED. AND
DECLARING AN EMERGENCY.
WHEREAS. Ordinance 1934 granted a franchise to Pacific Northwest Bell
Telephone Company, its successors and assigns, to provide telephone communication
services within the City of Woodburn; and
WHEREAS. according to the terms of Ordinance 1934, this franchise expired
on January 23, 1996; and
WHEREAS, U. S. West Communications is the successor to Pacific Northwest
Bell Telephone Company; and
WHEREAS. U. S. West Communications has agreed to abide by all the
provisions of the former franchise under Ordinance 1934 until a new franchise is
approved; and
WHEREAS. negotiations between the city and U. S. West Communications are
ongoing and a renewal of the franchise is anticipated in the near future; and
WHEREAS. it is in the best interest of the city to readopt the provisions of
Ordinance No. 1934, on an interim basis, in order to allow telephone service to
continue during the interim period; NOW, THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Council finds that U. S. Communications, as the successor to
Pacific Northwest Bell Telephone Company, has consented to abide by all of the
provisions contained in Ordinance No. 1934 until such time as a new telephone
franchise ordinance is adopted by the Woodburn City Council.
Section 2, That all the provisions contained in Ordinance No. 1934, with the
exception of Sections 7 and 8, are readopted by the city until a new telephone
franchise is approved or until this ordinance is repealed. A copy of Ordinance 1934
is attached hereto as Exhibit. A. and, by this reference, incorporated herein.
Page 1 -
COUNCIL BILL NO. 1689
ORDINANCE NO. 2163
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Section 3. That after the passage of this interim ordinance, U. S. West
Communications shall endorse a copy of the ordinance and return it to the City
Recorder.
Section 4. 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:
APPROVED:
Date
~'
~~ 7'9
Nancy /~sey, a~
February 12. 1996
City Attorney
Passed by the Council
Submitted to the Mayor
February 13. 1996
Filed in the Office of the Recorder
Februarv 13. 1996
February 13, 1996
Approved by the Mayor
ATTEST:
Mar ennant, City Recorder
City of Woodburn, Oregon
Ordinance reviewed and approved on behalf of U. S. West Communications:
Signature and Title
Date
Page 2 -
COUNCIL BILL NO. 1689
ORDINANCE NO. 2163
Section 3. That after the passage of this interim ordinance, U. S. West
Communications shall endorse a copy of the ordinance and return it to the City
Recorder.
Section 4. 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:
APPROVED:
Date
~-'~ 7i ~~
ancy A. rksey, ayor
February 12, 1996
City Attorney
Passed by the Council
Submitted to the Mayor
February 13, 1996
Filed in the Office of the Recorder
------
February 13. 1996
February 13, 1996
Approved by the Mayor
ATTEST:
Ma ennant, City Recorder
City of Woodburn, Oregon
Ordinance reviewed and approved on behalf of U. S. West Communications:
,
/J1A I'.cl </ //j/o
Date
Page 2 -
COUNCIL BILL NO. 1689
ORDINANCE NO. 2163
EXHIBIT "An
Page 1 of 5
COUNCIL BILL NO. 910
ORDINANCE NO. 1934
AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY
THE RIGHT TO OPERATE A GENERAL COMl.ftJNICATION BUSINESS WITHIN THE
CITY OF WOODBURN.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. There is hereby granted by the City of Woodburn
to Pacific Northwest Bell Telephone Company, its successors and
assi gns, the ri ght and pri vil ege to conduct a general communi ca ti on
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, telegraph and other communications purposes.
Such wi res and other app 1 i ances and conductors may be strung upon
poles or other fixtures above ground, or at the option of the grantee.
its 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 Pacific Northwest
Bell Telephone Company. its successors and assigns, to make all
needful excavations in any of such streets, alleys, avenues. thorough-
fares 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 said wires and appl iances and auxil iary
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COUNCIL BILL NO. 910
ORD I NANCE NO. 1934
EXHIBIT "A"
Page 2 of 5
apparatus or repairing, renewing or replacing the same. Said work
shall be done in compliance with the necessary rules. regulations,
ordinances or orders, which may during the continuance of this fran-
chise be adopted from time to time by the City of Woodburn.
Section 3.
Whenever Pacific Northwest Bell Telephone
Company, 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 restor-
ation of streets shall be completed, and upon failure of such repairs
being made by said Company, its successors and assigns, the said
Ci ty sha 11 cause such repairs to be made at the expense of sa i d
Pacific Northwest Bell Telephone Company, it 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, thorough-
fares and public highways, places and grounds within the City of
lloodburn in or upon whi ch the pol es. wi res or other conductors of
said company 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. The City shall not require the Company to remove or
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COUNCIL BILL NO. 910
OROINANCE NO. 1934
,
EXHIBIT "A"
Page 3 of 5
relocate its facilities or vacate any street, alley or other public
way i nci denta 1 to any public hous i ng or renewal project under ORS
Chapters 456 or 457 wi thout reservi ng Company's ri ght the rei n or
without requiring Company to be compensated for the costs thereof.
Section 5. Whenever it becomes necessary to temporarily
rearrange, remove or raise the aerial cables or wires or other appara-
tus of the Company to permit the passage of any building, machinery
or other object moved over the roads, streets, alleys, avenues,
thoroughfares and pub 1 i c hi ghways withi n the City, the Company wi 11
perform such rea rrangement withi n a reasonable peri od after written
notice from the owner or contractor-mover desiring to move said
building, machinery or other objects. Said notice shall bear the
approva 1 of the Engi neer for the Ci ty, shall detail the route of
movement of the buil di ng. machi nery, or other object, shall provi de
that the costs incurred by the Company in making such a rearrangement
of its aeri a 1 faci 1 it i es wi 11 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 or claims
whatsoever kind or nature caused directly or indirectly from such
tempora ry rea rrangement of the facil it i es of the Company, and if
required by the Company, shall be accompanied by a cash deposit
or a good and sufficient bond to pay any and all such costs as
estimated by the Company.
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ORD I NANCE NO. 1934
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EXHIBIT "A"
Page 4 of 5
Section 6. In consideration of the rights, privileges,
and franchi se hereby granted, sai d grantee, Pacifi c Northwest Be 11
Telephone Company, its successors and assigns, shall pay to the
City of Woodburn from and after the date of the acceptance of thi s
franchise, and until its expiration, annually, three percent (3%),
per annum of its gross 1 oca 1 servi ce revenues deri ved from servi ces
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 Conrnunications and Bell Boy, the provision
of inside wiring and any PNB service that is now or herafter
detariffed or deregulated by the Oregon Public Utility Commissioner.
Revenues derived from competitive services shall be excluded from
the franchi se fee base under thi s franchi se. The reasonable va 1 ue
of any util ity service or the use of any Company facil ities used
or reserved for use by the Ci ty without grantee's prescri bed cha rges
shall be credited toward any payment due the City under this provi-
sian. Payment of sa i d three percent (3%) shall be made qua rterl Y.
on or before the fifteenth day of March. June. September, and December
of each and every year for the calendar year preceding, with the
exception that in the year 1985, payment s ha 11 be made only for
the period commencing on Jul y 11, 1985 and end i ng December 31, 1985;
for the period from January 1. 1985 to July 11. 1985, Ordinance
No. 217 sha 11 be in effect. Such three percent (3%) payment made
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ORDINANCE NO. 1934
EXHIBIT "A"
Page 5 of 5
by the grantee wi 11 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, con-
struction or for any other purpose now or herafter to be imposed
by the City of Woodburn upon the grantee duri ng the term of thi s
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.
Section 8. This ordinance shall take effect and be in
force thirty (30) days from and after it passage and approval, and
the said grantee shall, within thirty (30) days of the passage and
approva I of thi s ordi nance, fil e wi th the Recorder of the Ci ty of
Woodburn its written acceptance of all the terms and conditions
of this ordinance.
Approved as to form:
'7-/.---01 ~ IZ-ZG-oS:
City Attorney /'. Oate
APPROVED:LV~~
WILLIAM J. COSTINE. MAYOR
the Recorder
December 23, 1985
December 24, 1985
Os~llmber 24, IftllS
December 24, 1985
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of
~ /J:c
ATTEST:. 1~"rF/) ..J.I..<-';
, B RNE . BURRIS, RECORDER
CITY OF WOODBURN, OREGON
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COUNCIL BILL NO. 910
ORDINANCE NO. 1934
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