March 8, 2021 Agenda ERIC SWENSON,MAYOR
CITY OF WOODBU RN DEBBIE CABRALES,COUNCILOR WARD 1
ALICE SWANSON,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
MARCH 8, 2021— 7:00 P.M. BENITO PUENTE JR.,COUNCILOR WARD VI
VIA VIDEO CONFERENCING
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
None.
A1212ointments:
None.
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Recognition of Chief Ferraris
B. COVID-19 Update
C. Comcast Franchise
6. COMMUNICATIONS
None.
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503-980-6318 or Statewide To//Free Relay (800) 735-1232, at least 48 hours prior to this meeting.
Si usted necesita asistencia especial, comuniquese al 503-980-6322 o a la linea telef6nica gratuita, (800)
735-1232, con un minimo de 48 horas, antes de la reuni6n.
**Habra interpretes disponibles para aquellas personas que no hablan Ingles, previo acuerdo.
Comuniquese al (503) 980-6322.**
March 8, 2021 Council Agenda Page i
7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council Meeting minutes of February 8, 2021 1
Recommended Action: Approve the minutes.
B. Woodburn City Council Meeting minutes of February 22, 2021 3
Recommended Action: Approve the minutes.
C. Building Activity for February 2021 5
Recommended Action: Receive the report.
D. Crime Statistic for January 2021 19
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Continuance of Council Hearing of Annexation of Approximately 8.62 24
Acres of Territory Known as the Ivanov Property at 2145 Molalla Rd NE
(ANX 2019-01) and Approval of Related Land Use Applications for
Development into the Woodburn Eastside Apartments
Recommended Action: Conclude the public hearing and, consistent
with the Planning Commission recommendation, make a motion to
tentatively approve the annexation and associated land use
applications with the recommended conditions, directing staff to
prepare an ordinance for consideration at the next City Council
meeting.
B. Continuance of Public Hearing for ANX 2020-04 & ZC 2020-03 "SWIR
Annexation - Weisz Properties"
Recommended Action: Conduct the public hearing and make a
motion to tentatively approve the land use applications, directing staff
to submit an ordinance for consideration at the next City Council
meeting.
C. 2019 Community Development Block Grant (CDBG) from Business 31
March 8, 2021 Council Agenda Page ii
Oregon for the Woodburn Family Resource Center Closeout
Recommended Action: Conduct the public hearing to review the
results of the CDBG funded Woodburn Family Resource Center project
from Business Oregon for a Woodburn Family Resource Center and
make a motion to approve the closeout of the project.
D. 2020 Community Development Block Grant COVID-19 (CDBG-CV1) 33
from Business Oregon for Food Bank Assistance & Broadband/Internet
Distance Learning Assistance due to Impacts of the COVID-19
Pandemic
Recommended Action: Hold a public hearing to consider the City's
application for two 2020 CDBG-CV1 grants to fund:
• Aware Food Bank Assistance
• Broadband/Internet Distance Learning Assistance
Conduct a public hearing to consider the City's application for two
2020 CDBG-CV1 grants for Aware Food Bank Assistance and
Broadband/Internet Distance Learning Assistance and make a motion
authorizing the City Administrator to execute any and all documents
related to the grant application.
11. GENERAL BUSINESS-Members of the public wishing to comment on items of general
business must complete and submit a speaker's card to the City Recorder prior to
commencing this portion of the Council's agenda. Comment time may be limited
by Mayoral prerogative.
A. City Council FY 2021-23 Goals 35
Recommended Action:
Option 1 : Via a motion, approve the 2021-23 City Council Thematic
Goal Statements and the City Council Goals for 2021-23.
Option 2: The City Council continue deliberating and refining the
goals.
Option 3: Other choices as deemed appropriate.
12. OTHER BUSINESS
None.
13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
March 8, 2021 Council Agenda Page iii
14. CITY ADMINISTRATOR'S REPORT
15. MAYOR AND COUNCIL REPORTS
16. EXECUTIVE SESSION
None.
17. ADJOURNMENT
COUNCIL GOALS 2019-2021
Thematic Goals
1. Create an inclusive environment where residents participate and are engaged in the community(that is vibrant,safe
and active).
2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
Strategic Goals
3. Create an inclusive environment where Woodburn residents want to participate and are engaged in the community.
4. Develop innovative funding sources to help support the completion of capital improvement projects.
5. Grow and support strategic partnerships for economic health.
6. Explore the development of a non-profit consolidation facility.
7. Improve Communication and Coordination with School District on matters of mutual interest.
8. Completion of the First Street remodel.
9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc steering committee
to review and recommend design.
10. Creation of the Dick Jennings Community Leadership Academy.
11. Develop a strategy to limit PERS liability.
12. Establishment of a Woodburn 20 year community-visioning plan.
March 8, 2021 Council Agenda Page iv
COUNCIL MEETING MINUTES
FEBRUARY 8, 2021
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, FEBRUARY 8, 2021
CONVENED The meeting convened at 7:03 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present-via video conferencing
Councilor Carney Present-via video conferencing
Councilor Cornwell Present-via video conferencing
Councilor Schaub Present-via video conferencing
Councilor Swanson Present-via video conferencing
Councilor Puente Present-via video conferencing
Councilor Cabrales Present-via video conferencing
Staff Present (via video conferencing): City Administrator Derickson, City Attorney Shields,
Assistant City Administrator Row, Economic Development Director Johnk,Police Chief Ferraris,
Deputy Police Chief Pilcher, Community Development Director Kerr, Public Works Project and
Engineering Director Liljequist,Finance Director Turley,Human Resources Director Gregg,Parks
and Recreation Manager Cuomo, City Recorder Pierson
ANNOUNCEMENTS
Mid-Willamette Valley Council of Governments - The City was recognized for its COVID-19
response by MWVCOG Board Chair Jackie Franke and Director Renata Walcely.
Recognition of Julie Moore - Julie Moore was recognized for her 37 years of service to the City
of Woodburn and congratulated on her retirement.
Recognition of Jerry Cotter and WCAT—Jerry Cotter was recognized for his work with WCAT.
PRESENTATIONS
COVID-19 Update - Parks and Recreation Manager Cuomo provided an update on the COVID-
19 response in Woodburn.
BUSINESS FROM THE PUBLIC
Elissa Nava provided comments on what she has learned as a student of government about the
responsibilities of elected officials.
CONSENT AGENDA
A. Woodburn City Council minutes of January 25, 2021,
B. 2021 OLCC Renewal,
C Liquor License Application for Tequila's Bistro Bar, LLC.,
D. Building Activity for January 2021.
Carney/Cornwell.... adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3142 — A RESOLUTION APPROVING THE CHANGE OF
INDIRECT CONTROL OF THE FRANCHISEE, WAVEDIVISION VII, LLC, UNDER
THE CABLE TELEVISION FRANCHISE Carney introduced Council Bill No. 3142. City
Recorder Pierson read the bill by title only since there were no objections from the Council. City
Attorney Shields provided a staff report. Councilor's Carney, Cabrales, Swanson and Puente stated
Page 1 - Council Meeting Minutes, February 8, 2021
1
COUNCIL MEETING MINUTES
FEBRUARY 8, 2021
that they are subscribers of WAVE. On roll call vote for final passage,the bill passed unanimously.
Mayor Swenson declared Council Bill No. 3142 duly passed.
AWARD OF CONSTRUCTION CONTRACT FOR THE SIXTH STREET SANITARY
SEWER REPLACEMENT PROJECT Public Works Project and Engineering Director
Liljequist provided a staff report. Carney/Schaub...award the construction contract for the Sixth
Street Sanitary Sewer Replacement Project to the lowest responsible and responsive bidder, Icon
Construction&Development LLC,in the amount of$98,830.00. The motion passed unanimously.
SMITH CREEK PARKS NAMING PROCESS
Assistant City Administrator Row provided a staff report. There was a consensus of the City
Council to change the number of members from the general public on the committee from two to
four members to having four to eight members of the general public on the committee.
Carney/Cornwell... approve the process for naming the public parks that have already or will
soon be coming into City ownership through the completion of the Smith Creek Residential
Development with the modifications proposed by the Council. The motion passed unanimously.
OTHER BUSINESS
The City Council and the Mayor continued their goal setting discussion.
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
• The City has received the $450,000 block grant to provide rent and mortgage assistance.
• Cold weather is forecasted and he has reached out to Love INC about having a warming
shelter and they are looking at having their location on 99E available.
MAYOR AND COUNCIL REPORTS
Councilor Cornwell stated that she is happy with how things are coming together for the City.
Councilor Swanson thanked Ms. Nava for attending and thanked her for what she had to say and
thanked Ms. Clara for attending.
Mayor Swenson stated that he was on a call with LOC with other Mayor's and the Governor.
ADJOURNMENT
Carney/Schaub... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:20 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, February 8, 2021
2
COUNCIL MEETING MINUTES
FEBRUARY 22, 2021
DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, FEBRUARY 22, 2021
CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present-via video conferencing
Councilor Carney Present-via video conferencing
Councilor Cornwell Present-via video conferencing
Councilor Schaub Present-via video conferencing
Councilor Swanson Present-via video conferencing.
Councilor Puente Present-via video conferencing
Councilor Cabrales Present-via video conferencing
Staff Present (via video conferencing): City Administrator Derickson, City Attorney Shields,
Assistant City Administrator Row, Economic Development Director Johnk,Police Chief Ferraris,
Deputy Police Chief Pilcher, Community Development Director Kerr, Public Works Project and
Engineering Director Liljequist, Finance Director Turley, Assistant City Attorney Granum,
Human Resources Director Gregg,Parks and Recreation Manager Cuomo, City Recorder Pierson
PUBLIC HEARINGS
A Public Hearing to consider input on ANX 2020-04 & ZC 2020-03 "SWIR Annexation -
Weisz Properties" - Mayor Swenson declared the hearing open at 7:02 p.m. for the purpose of
hearing public input on ANX 2020-04 & ZC 2020-03 "SWIR Annexation - Weisz Properties"
Carney/Schaub... postpone this item until the March 8, 2021 meeting. The motion passed
unanimously.
UPDATE ON ICE STORM EVENT
City Administrator Derickson provided an update on the ice storm event and how the City
responded to the event. Wendy Veliz with PGE provided an update on their response in Woodburn
and thanked the City for their partnership. Chief Budge with the Woodburn Fire District provided
the City Council an overview of their response during the ice storm. Mark Spross Director of
METCOM provided information on METCOM's response to the ice storm. Shawn Baird with
Woodburn Ambulance provided information on their response to the ice storm. Economic
Development Director Johnk spoke about getting carbon monoxide detectors to distribute to
community members during the ice storm power outages. Parks and Recreation Manager Cuomo
provided information on the teamwork that was displayed with the medical community's efforts
with the COVID vaccines during the ice storm. Deputy Chief Pilcher provided an update on the
Woodburn Police Departments response during the ice storm event. Public Works Operations
Director Stultz provide information on Woodburn Public Works response during the ice storm
event. City Councilors discussed their experiences during the ice storm and power outages.
COUNCIL BILL NO. 3143 - AN ORDINANCE PROVIDING FOR ALTERNATIVE
PERMITTING PROCEDURES FOR A PERIOD OF 90 DAYS; PROVIDING FOR THE
REMOVAL OF CERTAIN IMMINENTLY DANGEROUS TREES AS DEFINED BY THIS
ORDINANCE; TEMPORARILY SUSPENDING CERTAIN ENFORCEMENT ACTIONS;
WAIVING PERMIT FEES; AND DECLARING AN EMERGENCY
Carney introduced Council Bill No. 3143. City Recorder Pierson read the bill twice by title only
since there were no objections from the Council. City Attorney Shields provided a staff report.
Page 1 - Council Meeting Minutes, February 22, 2021
3
COUNCIL MEETING MINUTES
FEBRUARY 22, 2021
On roll call vote for final passage, the bill passed unanimously. Mayor Swenson declared
Council Bill No. 3143 duly passed.
ADJOURNMENT
Carney/Cornwell... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:10 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, February 22, 2021
4
CITY OF WOODBURN
Economic and Development Services Department
MEMORANDUM
270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246
Date: March 1, 2021
To: Chris Kerr, Community Development Director
From: Ted Cuno, Building Divisione--O�-b-,��
Subject: Building Activity for February 2021
2019 2020 2021
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 3 $380,012 0 $0 23 $5,913,459
Multi-Family Residential 0 $0 0 $0 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
Residential Adds &Alts 3 $69,410 1 $3,000 3 $64,068
Industrial 0 $0 0 $0 0 $0
Commercial 5 $496,620 3 $460,574 2 $105,041
Signs and Fences 0 $0 0 $0 0 $0
Manufactured Homes 0 $0 0 $0 0 $0
TOTALS 11 $946,042 4 $463,574 28 $6,082,568
Fiscal Year to Date (July 1 — $27,062,727 $15,018,651 $29,879,984
June 30
IACommunity Development\BuiIding\Building Activity\B1dgAct-2020\memo-2021-2 February.doc
5
WOODBURN BUILDING DEPARTMENT
270 Montgomery Street
Permits Issued Woodbum,OR 97071
503-982-5246
WOODBURNFAX:503-980-2496
2/1/2021 through 2/28/2021
www.d.woodburn.or.us Includes all valuations building.dept@d.woodburn.or.us
Record
�rTypes Selected: -All-
'!-FIRE
AII- riiF�I`{
IVIY„ {IIrIGfY!,iII� '�1,�.fI
971-20-000534-FIRE Issued: 2/26/21 Fees: $731.28 Valuation: $16,200.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: OS1W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103
Licensed Prof:
Category of Construction: Commercial Type of Work: Addition
Work Description: Addition of addressable fire alarm system in new classroom building and CTE building at Woodburn High School
Commercial Alarm or Suppression Systems i permits issued $731.28 $16,200.00
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MW
MMMU
Permits Issued: Page 2 of 13 W971-21-000055-MECH Issued:"2/22121` Fees: $237.30 Valuatlon: $5,000.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: 051W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103 WOODBURN HIGH SCHOOL
Licensed Prof:
Category of Construction: Commercial Type of Work: New
Work Description: Install Gas Piping Per Plans
971-21-000064-MECH Issued: 2/8/21 Fees: $2,168.34 Valuation:` $125,000.00
Address: 1800 W HAYES ST,WOODBURN,OR 97071 Parcel: 052W 12DD06300
Owner: WOODBURN SCHOOL DISTRICT 103 NELLIE MUIR ELEMENTARY SCHOOL
Licensed Prof:
Category of Construction: Commercial Type of Work: Addition
Work Description: Mechanical system for an additional 4 classrooms at Elementary School.
971-21-000065-MECH Issued: 2/25/21 Fees: $465.55 valuation:'' $12,120.00
Address: 970 N CASCADE DR,UNIT#100,WOODBURN,OR 97071 Parcel: 052W12DA01700
Owner: CITY OF WOODBURN
Licensed Prof:
Category of Construction: Commercial Type of Work: Replacement
Work Description: LIKE FOR LIKE REPLACEMENT GAS FURNACE 60K BTU,OF 2 TON A/C,AND 1.57FON HEATPUMP
Commercial Mechanical 3 permits issued $2,911.19 $142,120.00
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Permits Issued: Page 3 of 13
971-21-000087-STR Issued: 2/10/21 Fees: $1,923.46 valuation: $104;000.00
Address: 1785 N FRONT ST,WOODBURN,OR 97071 Parcel: 051W07A 00600
Owner: WOODBURN SCHOOL DISTRICT 103 WOODBURN HIGH SCHOOL
Licensed Prof:
Category of Construction: Accessory Structure Type of Work: New
Work Description: Enclosure of the dust collecting system used for the new CTE shop.Enclosure is located in the new courtyard of the project.
971-21-000072-STR Issued., 2/18/21 Fees: $206.70 Valuation, $1,041.00
Address: 2600 PROGRESS WAY,WOODBURN,OR 97071 Parcel: 051W08A 02500
Owner, BURLINGHAM TRUST INC C/O RON PETERS
Licensed Prof:
Category of Construction: Commercial Type of Work: Repair
Work Description: Repair Small Area in the wall that the fire caused damage to.Affected one stud and one plate.
Commercial Structural 2 permits issued $2,130.18 $105,041.00
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Permits Issued: Page 4 of 13
971-20-000590-DWL Issued: 2123121 Fees: $15,442.89 Valuation: $205,609.65
Address: 2525 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 10
971-20-000591-DWL Issued:`'2/23/21 Fees: $16,099.41 Valuation: $235,877.58
Address: 1918 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 119
971-20-000592-DWG Issued: '2/23/21 Fees: $16,427.28 Valuation: $252,742.65
Address: 1932 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work. New
Work Description: Smith Creek Lot 120
971-21-000004-DWL Issued. 2/23/21 Fees: $17,507.82 Valuation: ` $307,196.10
Address: 1945 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W 130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 58
000
Address: 11 65 Ben Brown LN,Woodburn,OR 97071 Issued: 2J23f21; Parcel: 052W130000108692.54 Valuation: $266,943.09
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 59
971-21-000008-DWL Issued: '2/23/21 Fees: $17,677.69 Valuation: $328;000.00
Address: 1787 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 60
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Permits Issued: Page 5 of 13
971-21-000007-DWL Issued:`2123/21 Fees: $16,701.04- Valuation: $267;184.59
Address: 1751 Ben Brown LN,Woodburn,OR 97071 Parcel: 052WI30000106
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 61
971-21-000008-DWL Issued: 2/23/21 t Fees: $16,286.27 Valuation:- $258;000.00
Address: 1810 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W 130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 117
971-21-000009-DWL Issued., 2/23/21: Fees: $15,071.78 Valuation: $253,008.30
Address: 1818 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 118
971-21-000030-DWL Issued: 2/23/21 Fees: $16,214.81 Valuation: $243,994.98
Address: 2515 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 11 NSFR 1798
971-21-000031-DWL Issued: '2/23/21 Fees: $15,442.89 Valuation: $205;609.65
Address: 2505 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 12 NSFR 1495
971-21-000032-DWL Issued: 2/23/21 Fees: $15,758.14 Valuation: ` $220,489.50
Address: 2493 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 13 NSFR 1610
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Permits Issued: Page 6 of 13
97i-21-000039-DWL Issued: 2/23/21 Fees: $15,892.13 Valuation: $227;162.61
Address: 2254 Ben Brown DR,Woodburn,11 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 34 NSFR 1671
971-21-000040-DWL Issued 2/23/21 Fees: $16,223,30 Valuation: $244,598.73
Address: 2502 Ben Brown DR,Woodburn,OR 97071 Parcel: 052W130000108
Owner: SMITH CREEK LLC
Licensed Prof:
,Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Smith Creek Lot 141 NSFR 1798
971-21-000041-DWL Issued: 2/23/21 fees: $17,789.61 Valuation: $307,327.11
Address: 796 Ostrom DR,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000042-DWL Issued: 2/23/21 Fees: $16,71777 Valuation: ' $262,827.54
Address: 754 Ostrom DR,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000043-DWL Issued::2/22/21 ' Fees: $15,902.23 Valuation: $223,374.24
Address: 712 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000044-DWL Issued:`.2/23/21; Fees: $17,789.61 Valuation: $307,327.11
Address: 795 Ben Brown LN,Woodburn,OR 97071 Parcel: 052WI30000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
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Permits Issued: Page 7 of 13
971-21-000045-DWL Issuede' 2J23J21- Fees: $16,397.34 Valuation:' $243,660.30
Address: 701 Ostrom DR,Woodburn 11 97071 Parcel. 052W 130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-004047-DWL Issued: 2/23/21 Fees, $15,507.16 Valuation:'% $272,970.54
Address: 713 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC ,
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000048-DWL Issued:- 2/23/21 Fees: $16,454.28 Valuation: $253,706.70
Address: 749 Ben Brown LN,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000049-DWL Issued:; 2/23/21` Fees: $16,745.77 Valuation: $262,875.84
Address: 667 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
971-21-000050-DWL Issued:' 2/23/21 Fees: $16,717.77 Valuation: $262,972.44
Address: 743 Ostrom DR,Woodburn,OR 97071 Parcel: 052W130000100
Owner: SMITH CREEK 2 LLC `
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: NSFR
Residential 1&2 Fam Dwelling(New Only)Limited 23 permits issued $377,439.53 $5,913,459.25
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Permits Issued: Page B of 13
971-21-000051-MECH Issued: 2/1/21 Fees: $100.80 Valuation: $3,742.00
Address: 2743 FAIRWAY ST,WOODBURN,OR 97071 Parcel: 051W06CD03000
Owner: HANK WERNER&HOLLY THAU TR&WERNER,HENRY W TRE&THAU,HOLLY R TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL GF
971-21-000052-MECH Issued: 2/1/21 Fees, $100.80 Valuation: $10,451.00
Address: 757 FAIRWOOD CRESCENT DR,WOODBURN,OR 97071 Parcel:
Owner:
Licensed Prof,
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas furnace and air conditioner
971-21-000056-MECH Issued, 2/2121 Fees: $100.80 valuation: < $11,983.00
Address: 255 S CASCADE DR,WOODBURN,OR 97071 Parcel: 052W 12DD04600
Owner: SUSAN M MCBRIDE LT 50%&MCBRIDE,SUSAN M TRE&JAMES L MCBRIDE LT 50%
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Air Handler and Heat Pump
971-21-000057-MECH Issued: 2/2/21 Fees, $100.80 Valuation: $900.00
Address: 1999 JANSEN WAY 00,WOODBURN,OR 97071 Parcel:
Owner:
Licensed Prof:
Category of Construction: Manufactured Dwelling Type of Work: Alteration
Work Description: Replace bathroom fan.
971-21-000058-MECH Issued: 2/2/21 Fees: $100.80 Valuation: $6,800.00
Address: 425 S CASCADE DR,WOODBURN,OR 97071 Parcel: 052W12DD03900
Owner: GAINER,SHARON L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: Replacement of a Heat Pump
971-21-000068-MECH Issued:'2/5/21 Fees: $280.00 Valuation: $0.00
Address: 1575 TOMLIN AVE,WOODBURN,OR 97071 Parcel: 05IW17BDO4900
Owner: ARMSTRONG,KAREN A
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install 1 gas furnace.Install ducting servicing 3 bathrooms,1 dryer vent,1 kitchen hood exhaust.Install 3 gas lines servicing 1
furnace, 1 range,1 water heater.Install 1 tankless water heater.
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13
Permits Issued: Page 9 of 13
MMMMMM
971-21-000069-MECH Issued:,2/8/21 Fees: $100.80 Valuation: $10,000,00
Address: 2213 COUNTRY CLUB RD,WOODBURN,OR 97071 Parcel: 052W 12AC05200
Owner: PLAZA CENTER LLC
Licensed Prof:
Category of Construction: Other Type of Work: New
Work Description: New HVAC system
971-21-000071-MECH Issued:-2/8/21 Fees: $100.80 Valuation:" $16,377,00
Address: 1237 GOOSE CREEK RD,WOODBURN,OR 97071 Parcel: 051W07BD01300
Owner: JON&HEATHER HOLLAND RT&HOLLAND,JON B TRE&HOLLAND,HEATHER L TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace and Air conditioner
971-21-000074-MECH Issued: 2/10/21 fees: $100.80 Valuation: $0.00
Address: 1028 BROWN ST,WOODBURN,OR 97071 Parcel: OSIW18CA21900
Owner: PERKETT,AARON&MEISENHEIMER,KATELYN
Licensed Prof: MELTON HEATING&AIR CONDITIONING INC
Category of Construction: Single Family Dwelling Type of Work: New
Work Description: Install air conditioner
971-21-000075-MECH Issued: 2/9/21 Fees: $100.80 Valuation: $4,161.00
Address: 1590 TIERRA LYNN DR,WOODBURN,OR 97071 Parcel: 051W08CA01000
Owner: HAMMILL,MARGARET E
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration Census Code: Single Family Houses Detached
Work Description: Install GF
971-21-000077-MECH Issued: 2/11/21 Fees: $100,80 Valuation: $4,500.00
Address: 1825 HARDCASTLE AVE,WOODBURN,OR 97071 Parcel: 051W08DC03400
Owner: GRASSHAM TIMOTHY A GRASSHAM WENDI S
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Addition
Work Description: install gas insert
971-21-000082-MECH Issued: 2/11/21 Fees: $100.80 Valuation: $8;012.00
Address: 400 WORKMAN DR,WOODBURN,OR 97071 Parcel: 051W18BB08200
Owner: PREDEEK JAMES BERNARD PREDEEK GLORIA
Licensed Prof:
Category of Construction, Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
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14
Permits Issued: Page 10 of 13
971-21-000083-MECH Issued:'` 2/12/21 Fees: $x00.80 valuation:' $10;784.16
Address. 1257 BE
DR,WOODBURN,OR 97071 Parcel: 051W07
6D03700
Owner: COLYER JEREMY A COLYER CINDY]
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: install furnace and ac
971-21-000084-MECH Issued. 2/12/21" Fees: $100.80 Valuation $1,469.00
Address: 2569 GRAYSTONE DR,WOODBURN,OR 97071 Parcel: 051W07AA05000
Owner: BRAMMEIER JUSTUS FRANKLIN BRAMMEIERHEATHER ANN
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Replacement
Work Description: Remove/replace gas water heater
971-21-000094-MECH Issued: 2/16/21 Fees: $100.80 Valuation $8;793.00
Address: 85 WORKMAN DR,WOODBURN,OR 97071 Parcel: 051W18BB02100
Owner: LEON JOHN JOANN EHRENS LT EHRENS LEON JOHN TRE EHRENSJOANN TRE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000103-MECH Issued: 2/18/21' Fees: $100.80 Valuation:, $15,486.00
Address: 767 CORBY ST,WOODBURN,OR 97071 Parcel: 051W07DC11200
Owner: MCKASSON REBECCA L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Furnace/AC
971-21-000104-MECH Issued, 2/18/21'; Fees: $100.80 Valuation: $3,876.00
Address: 2803 REVERE ST,WOODBURN,OR 97071 Parcel: 051W06CD10500
Owner: CORTES JOSE GIRON GUZMANERIKA JACUINDE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000105-MECH Issued:l 2/19/21 Fees: $100.80 Valuation:< $10,853.00
Address: 1769 SALLAL RD,WOODBURN,OR 97071 Parcel: 052W12AA12900
Owner: VAN WINKLE KAREN I
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL GAS FURNACE AND A/C
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15
Permits Issued: Page 11 of 13
971-21-b00108-MECH
�I-.ed:;;2/19j21 Fees: $100.80Valu $14,484.00ddress: 2575 BOSTON STWOODBURNOR970Parcel: 051W07BA13800
Owner: PANTOJA-RAMIREZ MONSERRATA MADDEN PATRICK MADDEN KIMBERLY
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Installing Gas furnace and AC
971-21-000109-MECH Issued: 2/19/21' Fees: $100.80 Valuation: $10,716.00
Address: 1163 GOOSE CREEK RD,WOODBURN,OR 97071 Parcel: 051W07BD00800
Owner: BARR WILLIAMS BARR MARY
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Installing GF and AC
971-21-000110-MECH Issued: ;2/22/21 Fees: $100.80 Valuation:= $12,000.00
Address: 3177 CAMAS ST,WOODBURN,OR 97071 Parcel: 052W12BC00700
Owner: SMITH MARTHA B MACK CORA MARIE
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: INSTALL AH/HP
971-21-000111-MECH Issued: 2/22/21 Fees: $100.80 Valuation: $5,138.00
Address: 838 MEADOWVALE LN,WOODBURN,OR 97071 Parcel: 05IW18DBOB600
Owner: BROWN SHANA A BROWN JUSTIN W
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install Gas Furnace
971-21-000112-MECH issued: '2/22121,' Fees: $100.80 Valuation: $6,497.00
Address: 1025 STARK ST,WOODBURN,OR 97071 Parcel: 051W18DA05900
Owner: WEISS HARRY L WEISS DEBORAH L
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Gas Insert&Gas Line
971-21-000113-MECH ; Issued: '2/23/21; Fees: $100.80 Valuation: $5,701..00
Address: 1341 AUSTIN AVE,WOODBURN,OR 97071 Parcel: OSIW07CC11500
Owner: JAMES DEREK C JAMES DOROTHY M
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas Furnace
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Permits Issued: Page 12 of 13
-MENMW
EMM
971-21-000114-MECH Issued: 2123121 Fees: $100.80 Valuation: $4,224.00
Address: 1619 THOMPSON RD,WOODBURN,OR 97071 Parcel: 051W07BB07400
Owner: ECKDAHL LON ECKDAHL DIANA
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Gas Insert&Gas Line
971-21-000129-MECH Issued: 2/26/21' Fees: $100.80 Valuation: $2;500.00
Address: 1594 WALTON WAY,WOODBURN,OR 97071 Parcel: 051W07BB19300
Owner: HALBRITTER ELIZABETH A
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Alteration
Work Description: Install gas furnace
Residential Mechanical 26 permits issued $2,800.00 $189,447.16
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Permits Issued:
Page 13 of 13
971-21-000062-STR Issued: 2/26/21 ' Fees: $1,517.52 Valuation: $53,882.40
Address: 1140 KOFFLER AVE,WOODBURN,OR 97071 Parcel: 051W08CCO2700
Owner: GIRON,ROSALINDA G
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Addition
Work Description: 440 sq.ft.addition
971-21-000093-STR Issued: 2/19/21 ' Fees: $336.00 Valuation: $2,841.93
Address: 1439 ASTOR WAY,WOODBURN,OR 97071 Parcel: 05IW07BB16300
Owner: BUSCHERT DARWIN J BUSCHERT SUZANNE F
Licensed Prof:
Category of Construction: Other Type of Work: Alteration
Work Description: INSTALLATION OF UTILITY INTERACTIVE PHOTOVOLTAIC SOLAR SYSTEM
3.15 kW DC PHOTOVOLTAIC SOLAR ARRAY
ROOF TYPE:Comp Shingle
MODULES:(10)JinKO Solar Eagle JKM 315M-60HL
INVERTER(S): Enphase IQ7-60-2-US,----
RACKING: Unirac SFM Infinity
971-21-000106-5TR Issued: 2/19/21`< Fees: $336.00 Valuation: $7,344.00
Address: 1393 AUTUMN BLVD,WOODBURN,OR 97071 Parcel: 051W18CC10700
Owner: MORRIS WILLIAM MORRIS KAREN
Licensed Prof:
Category of Construction: Single Family Dwelling Type of Work: Other
Work Description: Installation of solar panels on existing residential roof.6.12kW
Residential Structural 3 permits issued $2,189.52 $64,068.33
58 permits issued $388,201.70 $6,430,335.74
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2/17/2021 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2021 Year to Date
CHARGE DESCRIPTION Jan Total
AGGRAVATED ASSAULT 4
ANIMAL ORDINANCES 1 1
ARSON 1 1
ASSAULT SIMPLE 9 9
BURGLARY-OTHER STRUCTURE 1 1
CRIME DAMAGE-NO VANDALISM OR ARSON 3 3
CURFEW 4
CUSTODY- MENTAL 8 8
DISORDERLY CONDUCT 6 6
DRIVING UNDER INFLUENCE 10 10
DRUG LAW VIOLATIONS 10 10
DWS/REVOKED-MISDEMEANOR 3 3
ELUDE 1 1
EXTORTION/BLACKMAIL 1 1
FAILURE TO REGISTER AS SEX OFFENDER 1 1
FORCIBLE RAPE 3 3
FUGITIVE ARREST FOR ANOTHER AGENCY 48 48
HIT AND RUN-MISDEMEANOR 3 3
INTIMIDATION /OTHER CRIMINAL THREAT 7 7
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 1
MOTOR VEHICLE THEFT 1 1
OTHER 5
PROVIDE FALSE INFORMATION TO LAW ENFORCEMEN 1 1
RECKLESS DRIVING 2 2
RECKLESSLY ENDANDERING 4
RESTRAINING ORDER VIOLATION 1 1
ROBBERY- BUSINESS 1 1
ROBBERY- RESIDENCE 1 1
RUNAWAY 1 1
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 1
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1
HEFT-OTHER 3 3
HEFT-SHOPLIFT 3 3
TRAFFIC VIOLATIONS 8 8
TRESPASS 1 1
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 1
VANDALISM 4
VEHICLE RECOVERD FOR OTHER AGENCY 2 2
EAPON -EX FELON IN POSSESSION 1 1
EAPON -POSSESS ILLEGAL 5
EAPON -SHOOTING IN PROHIBITED AREA 1 1
Jan Total
2021 Total 173 173
2020 Total 161 161
2019 Total 178 178
Page 1 of 2
19
2/17/2021 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2021 Year to Date
Arrests/Year
180
160
10
1220
y 100
Q80
60
20
0
2019 2020 2021
Year
Page 2 of 2
20
2/17/2021 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2021 Year to Date
CHARGE DESCRIPTION Jan Total
AGGRAVATED ASSAULT 2 2
ANIMAL ORDINANCES 1 1
ARSON 1 1
ASSAULT SIMPLE 10 10
BURGLARY- BUSINESS 1 1
BURGLARY- RESIDENCE 2 2
CRIME DAMAGE-NO VANDALISM OR ARSON 5
CRIMINAL MISTREATMENT 1 1
CURFEW 1 1
CUSTODY- MENTAL 8 8
DISORDERLY CONDUCT 5
DRIVING UNDER INFLUENCE 10 10
DRUG LAW VIOLATIONS 6 6
DWS/REVOKED-MISDEMEANOR 3 3
ELUDE 2 2
EXTORTION/BLACKMAIL 1 1
FAILURE TO REGISTER AS SEX OFFENDER 1 1
FORCIBLE RAPE 2 2
FORGERY/COUNTERFEITING 2 2
FRAUD- BY DECEPTION/FALSE PRETENSES 2 2
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 1
FUGITIVE ARREST FOR ANOTHER AGENCY 33 33
HIT AND RUN FELONY 1 1
HIT AND RUN-MISDEMEANOR 15 1
IDENTITY THEFT 2 2
INTIMIDATION /OTHER CRIMINAL THREAT 3 3
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 2 2
MISCELLANEOUS 10 10
MOTOR VEHICLE THEFT 9 9
NON CRIMINAL DOMESTIC DISTURBANCE 9 9
OTHER 5
PROPERTY- FOUND LOST MISLAID 4
PROPERTY RECOVER FOR OTHER AGENCY 2 2
RECKLESS DRIVING 1 1
RESTRAINING ORDER VIOLATION 1 1
ROBBERY- BUSINESS 1 1
ROBBERY- RESIDENCE 1 1
RUNAWAY 2 2
SEX CRIME - FORCIBLE SODOMY 1 1
SEX CRIME - MOLEST (PHYSICAL) 1 1
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 1
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 1 1
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1
HEFT- BICYCLE 1 1
HEFT- BUILDING 2 2
HEFT- FROM MOTOR VEHICLE 8 8
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 6 6
HEFT- OTHER 12 12
HEFT- SHOPLIFT 15 1
TRAFFIC VIOLATIONS 10 10
TRESPASS 3 3
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 2
VANDALISM 18 18
VEHICLE RECOVERD FOR OTHER AGENCY 6 6
WEAPON - POSSESS ILLEGAL 2 2
WEAPON -SHOOTING IN PROHIBITED AREA 1 1
Page 1 of 2 21
2/17/2021 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2021 Year to Date
Jan ITotal
2021 Total 1 2591 259
2020 Total 1 307 307
2019 Total 1 3301 330
Offenses/Year
350
300
250
N 200
W
LL 150
O
100
50
0
2019 2020 2021
YEAR
Page 2 of 2 22
Woodburn Police Department
ORDINANCE VIOLATIONS
2021 Year to Date
2/17/2021
Ordinance Discription Jan Total
Animal Complaint 18 18
Ordiinance -Abate/Nuisances 2 2
Ordinance -Abandoned Vehicles 16 16
Ordinance - Land Use Violations 1 1
Ordinance -Oth Violation 14 14
2021 Total 51 51
2020 Total 109 109
2019 Total 141 141
Ordinance Violations / Code Enforcement Officers
120
100
N 80
Q 60
J
0
> 40
20
0
2019 2020 2021
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
160
140
120
Z 100
Q 80
J
0
> 60
40
20
0
2019 2020 2021
YEAR TOTALS FOR ALL OFFICERS
1
23
V -4,, 9Cqd4 item
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March 8, 2021
TO: Honorable Mayor and City Council through City Administrator
FROM: Chris Kerr, Community Development Director
Colin Cortes, AICP, CNU-A, Senior Planner
SUBJECT: Continuance of Council Hearing of Annexation of Approximately
8.62 Acres of Territory Known as the Ivanov Property at 2145 Molalla
Rd NE (ANX 2019-01) and Approval of Related Land Use
Applications for Development into the Woodburn Eastside
Apartments
Recommendation:
Conclude the public hearing and, consistent with the Planning Commission
recommendation, make a motion to tentatively approve the annexation and
associated land use applications with the recommended conditions, directing
staff to prepare an ordinance for consideration at the next City Council
meeting.
Background:
The Council began the public hearing on January 25, 2021 and at the request of
the applicant continued the hearing until March 8th, leaving the public
testimony window open.
No members of the public submitted written testimony in the interim.
The applicant did opt to submit the attached additional documentation as
evidence and to address concerns that councilors raised.
Otherwise, the background, discussion, and financial impact Council memo
sections are the same as they were for the January 25 hearing.
Attachment(s):
1 . Applicant's "Response to Council Comments - Molalla Rd Apartments" (Mar.
1 , 2021 ; 6 pages)
Agenda Item Review: City Administrator_x_ City Attorney x_ Finance—x-
24
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CONSULTING, LLC
503.805.8115
DATE: March 1, 2021
TO: Colin Cortes/Senior Planner; Eric Liljequist/ Public Works Director; Dago Garcia/City Engineer
FROM:Tegan Enloe, PE/ Enloe Consulting, LLC
SUBJECT: Response to Council Comments - Molalla Rd Apartments
At the January 25th, 2021, Woodburn City Council Meeting, a public hearing was held regarding the
applicant's request to annex the parcel located at 2145 Molalla Road into the City of Woodburn. The
request also includes consideration of their development application to construct an apartment
complex, which would build two-hundred thirty-one (231) apartment units. During the public hearing,
members of Council raised several questions regarding the traffic analysis provided in support of the
development. This memorandum serves to address those questions.
Background
The applicant seeks to annex their tax lot into the City of Woodburn to facilitate the construction of
apartments. Their original proposal was for a storage yard, which is allowed under the existing land use
and while located in outside the urban growth boundary (UGB). After conversations with the City, the
applicant became aware of Woodburn's need for housing, which is documented in Woodburn's
Housing Needs Analysis. The tax lot needs to be annexed into the City so the land use zoning can be
updated to allow the applicant to construct housing.
Council Questions
The following section provides responses to questions raised by members of Council at the January
25th, 2021 session.
Question: Does Council need to decide regarding this development before knowing the ultimate
improvements at the US 99E and OR 211/214 signal?
The conditions of approval include a section related to mitigations for the operational deficiencies at
the intersection US 99E and OR 211/214, to which the applicant would pay their proportional share
contribution. Two options are identified; one that comes from the City's TSP and one from ODOT
commentary on the application review:
1) Add a southbound left-turn lane on US 99E with a short receiving lane on Molalla Rd; or
2) Build a dedicated westbound right-turn lane or pocket.
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These options are larger scale fixes needed to mitigate not only the developer's contribution, but
additional capacity deficiencies resulting from regional and local growth. In addition, they both require
land acquisitions that exceed the applicants proportional share impact to the signal.
In addition to providing their proportional share towards the ultimate improvement, the applicant has
agreed to provide a fee in-lieu of$10,000 to fund a transportation study looking at additional options
for improving this location, including signal timing, safety improvements, and other items identified by
ODOT. The applicant is also contributing significant amounts towards system development charges
(SDC), which the City can use for public improvement projects like this.
What is the timeframe for the signal improvements?
Following the Council meeting on January 25th, 2021, our team reached out to ODOT to inquire
whether any timelines were in place for capacity improvements at the US 99E and OR 211/214 signal.
ODOT does not currently have any funded projects scheduled for this location, but continues to
monitor the operations of the signal.
Approval of the annexation and development will provide funding towards an intersection study, a cost
estimate for improvements, a proportional contribution towards those fixes, and SDC funds that the
City can use to create momentum for this larger project.
What are the impacts to the signalized intersection from the site generated trips?
The signalized intersection of US 99E and OR 211/214 is within mobility standards with and without the
development in the opening year 2021 AM Peak Hour. For the PM Peak Hour, the signalized
intersection operates above the mobility standard with and without the development. The change in
volume-to-capacity (V/C) ratio for the PM Peak Hour is 0.03 when the development is added. Although
this represents a scenario above the mobility standard, there is a relatively small impact resulting from
the development.
These results also represent a "worst case scenario". The developer is working to support multi-modal
options so that future residents of the apartments can elect to travel by foot, bike, bus or vanpool in
addition to car. They are paying into the van pool fund and extending the sidewalk. Using these
alternate modes would reduce the impact to the signal.
Figures 1-6 below outline the net change in vehicle trips during the peak hour scenarios.
26
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11 99E Molalla Rd 119SE/Molalla Rd
80 350 75 125 850 165
95 80
240 290
iss 225
12.0 woof 165
195 360
130 Wt 300 Yt e
205 530 1055
280 515 135
V/C.:..O..9.7.......................................................................
......... ........
Figure 1:AM Peak Hour 2021 Figure 2:PATI Peak Hour 2021 Background
Background Traffic Traffic
1199E/Molalla Rd 1199E/Molalla Rd
0 0 5 0 0 15
15 10
12
15, *jOw 10
Z22
7 womoo,
0
15
0 Wt e 0 004V Wt r
0
to 0 5 0
..............................................................................................
Figure 3:AM Peak Hour Site Generated Trips Figure 4:PPI Peak Hour Site Generatcdl'rips
1199E/Walla Rd 11 99E/Molalla Rd
so 350 80 125 850 180
11090
259 *4 1 k. A.302
440" 170 19" 235
120 woof 165
13
22 mw* 382
00 wN Wt 300 t t r"ll
205 5 130 110 280 515 150
1 i I
V/c:1.00
Figure 5:AM Peak Hour 2021 Total traffic Figure 6:PAJ Peak Hour 2021 Total traffic
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Why was the Safeway driveway not analyzed?
Our team worked closely with ODOT and the City in scoping the traffic analysis for the development. At
the time, the driveway at Safeway was not included because it does not represent a public
intersection, but rather a private driveway access. However, given the interest expressed by members
of Council, the applicant has directed our team to collect additional traffic data to allow for an analysis
of the driveway.
What is the impact of the development at the Safeway driveway?
The Safeway driveway meets mobility standards in the AM Peak hour but fails to meet them in the PM
Peak hour. The V/C ratio for vehicles making a left out the driveway exceeds mobility standards and is
increased with the addition of the proposed development.
Our team reached out to ODOT to discuss opportunities to mitigate Safeway driveway. They indicated
concerns over adding a traffic signal because of its proximity to the US 99E and OR 211/214 signal, but
would be willing to discuss the idea of splitting the driveway into an entrance only and exit only
driveway. Separating these movements allows the intersection to operate within the mobility
standards as shown in Table 1.
Figures 7-12 below outline the volume impacts to the Safeway driveway associated with the
development. For the purposes of this analysis, our team has assumed that twenty percent of
development trips going through the Safeway intersection will stop by the Safeway development on
their way to/from their homes.
28
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MolalVa Rd/Safeway Driveway Mdad la Rd/Saifew,ay D6.ve�ww,ay
3'1.5 475
311 5 5
2135 455
155 265
1.55 35 210 125
Figure 7:AA1lPeakHour 2021 Background Traffi
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Tablc 1:Safeway Driveway Operational Results
Scenario Operating Standard Analysis Results
(Major, Minor) (Major, Minor)
AM Peak Hour 2021 Background Traffic 0.95 V/C, 1.0 V/C 0.03 V/C, 0.30 V/C
AM Peak Hour 2021 Total (with development) 0.95 V/C, 1.0 V/C 0.04 V/C, 0.37 V/C
Traffic
PM Peak Hour 2021 Background Traffic 0.95 V/C, 1.0 V/C 0.06 V/C, 1.01 V/C
PM Peak Hour 2021 Total (with development) 0.95 V/C, 1.0 V/C 0.08 WC, 1.20 V/C
Traffic
PM Peak Hour 2021 Total (with development) 0.95 V/C, 1.0 V/C 0.08 V/C, 0.99 V/C
Traffic with Split Driveway
Conclusions
The applicant seeks to annex their tax lot located at 2145 Molalla Road into the City of Woodburn. The
annexation and development application approval are needed so the applicant can construct housing,
which is identified as a City of Woodburn need in the Housing Needs Analysis.
The applicant understands the signal at US 99E and OR 211/214 will exceed mobility standards in the
future but emphasizes that their impact is relatively minor.They are committed to providing funding
towards a study for the City to continue to analyze the intersection, cost estimates associated with
proposed capacity improvements identified by ODOT and the City's TSP, and a contribution towards
the ultimate fixes that matches their proportional share of impact to the signal. In addition, they will be
paying a large amount of SDC's, which the City can use to fund future projects like this one. Approval of
this development starts the process of reviewing and ultimately fixing this location, whereas denial of
the applicant leaves the intersection its current state with lack of funding to continue with studies and
work towards a solution.
The applicant recognizes the Council's concerns related to impacts at the Safeway driveway and has
shown how a split driveway option for Safeway can reduce congestion for those trying to make a left
out of the private Safeway development. The applicant is willing to construct this second driveway for
Safeway assuming they are agreeable and able to provide the necessary land.
30
D B V'
March 8, 2021
TO: Honorable Mayor and City Council through City Administrator
FROM: McKenzie Granum, Assistant City Attorney
SUBJECT: 2019 Community Development Block Grant (CDBG) from Business
Oregon for the Woodburn Family Resource Center Closeout
RECOMMENDATION:
Conduct the public hearing to review the results of the CDBG funded Woodburn
Family Resource Center project from Business Oregon for a Woodburn Family
Resource Center and make a motion to approve the closeout of the project.
BACKGROUND:
The City of Woodburn applied for a 2019 Community Development Block Grant
(CDBG) from Business Oregon. CDBG funds come from the U.S. Department of
Housing and Urban Development. Grants can be used for public facilities and
housing improvements, primarily for persons with low and moderate incomes. In
this case, a family resource center estimated to primarily benefit low to moderate
income populations.
DISCUSSION:
The City of Woodburn was awarded $1 ,500,000 through the CDBG program for
the Woodburn Resource Center project. With the CDBG funds, the City
purchased the property at 970 Cascade Drive, Woodburn to house the Family
Resource Center. The purpose of the Family Resource Center is to accommodate
activities and services primarily or exclusively for low to moderate-income
clientele. It is estimated that the proposed project will benefit at least 25,067
persons, of whom 55.09% percent will be low or moderate income.
The property acquisition was completed in October 2020. Love INC began
operations at the property in January 2021 and is currently screening and
processing lease agreements with additional tenants for the Family Resource
Center.
Agenda Item Review: City Administrator_X City Attorney_X_ Finance_X_
31
Terms and conditions of the CDBG #C20006 contract with Business Oregon have
been met and therefore can be approved for closeout.
FINANCIAL IMPACT:
The CDBG funding request of $1 .5 million for the Woodburn Family Resource
Center.
32
D B V'
March 8, 2021
TO: Honorable Mayor and City Council through City Administrator
FROM: Jamie Johnk, Economic Development Director
SUBJECT: 2020 Community Development Block Grant COVID-19 (CDBG-CV1)
from Business Oregon for Food Bank Assistance &
Broadband/Internet Distance Learning Assistance due to Impacts of
the COVID-19 Pandemic
RECOMMENDATION:
Hold a public hearing to consider the City's application for two 2020 CDBG-CV1
grants to fund:
• Aware Food Bank Assistance
• Broadband/Internet Distance Learning Assistance
Conduct a public hearing to consider the City's application for two 2020 CDBG-
CV1 grants for Aware Food Bank Assistance and Broadband/Internet Distance
Learning Assistance and make a motion authorizing the City Administrator to
execute any and all documents related to the grant application.
BACKGROUND:
The City of Woodburn is eligible to apply for a 2020 Community Development
Block Grant (CDBG) from Business Oregon for certain COVID-19 Assistance.
CDBG-CV1 funds come from the U.S. Department of Housing and Urban
Development. These particular grant funds can be used to prevent, prepare for,
and respond to the impacts of COVID-19 pandemic. The CDBG-CV1 funding is in
response to the economic impact of the pandemic by providing assistance to
low and moderate income households impacted by COVID-19.
Through Business Oregon, $2,977,605 in CDBG-CV1 funding will be awarded to
Oregon non-entitlement cities and counties in 2021 . The maximum grant that a
city or county can receive is $250,000 per assistance program. Applying for these
grant funds does not limit or restrict the City from applying for future rounds of
CDBG funds.
Agenda Item Review: City Administrator_X City Attorney_X_ Finance_X_
33
Honorable Mayor and City Council
March 8, 2021
Page 2
DISCUSSION:
The City of Woodburn is proposing to submit two applications for 2020 Community
Development Block Grant COVID-19 (CDBG-CV1 ) funding from Business Oregon
for the following projects:
• Aware Food Bank Assistance: This program is designed to assist food bank
facility expansion or storage rental, and food distribution to accommodate
for expanded services for LMI families caused by COVID-19.
• Broadband/Internet Distance Learning Assistance: This program is designed
to assist in providing Broadband/Internet Connection assistance to Low-
and Moderate-Income students to access Comprehensive Distance
Learning.
Council approval at this meeting means that City staff will move forward with
submitting the CDBG applications by the May 20, 2021 deadline, with any
awarded funds expected to be received in May 2021 .
The City does not believe the proposed projects will result in the displacement or
relocation of any persons or businesses.
FINANCIAL IMPACT:
The City will be seeking CDBG funding request of approximately $250,000 for the
Food Bank Assistance Program and $250,000 for the Broadband/Internet Distance
Learning Assistance Program.
Costs to the City for completion of the grant applications and grant administration
are estimated to include staff time.
34
V -4,, qCqd4 item
8U
a 1,d f;'! 7
March 8, 2021
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: City Council FY 2021-23 Goals
RECOMMENDATION:
Option 1 : Via a motion, approve the 2021-23 City Council Thematic Goal
Statements and the City Council Goals for 2021-23.
Option 2: The City Council continue deliberating and refining the goals.
Option 3: Other choices as deemed appropriate.
BACKGROUND:
Due to the unprecedented global pandemic and restrictions on public
gatherings, which began in the spring of 2020, the City Council choose to
undertake a series of discussions surrounding the adoption of biennial goals as
part of their regular City Council (virtual) meetings through the months of January
and February. During the course of the discussion, the Mayor, Council President,
and the City Administrator followed up with meetings to review and refine the
Council's discussions into the set of goal categories, which include the following:
Updated Thematic Goal Statements
1 . Inclusiveness, Outreach. Create an inclusive environment where residents
participate and are engaged in the community that is vibrant, safe, and
active. Consistent with this theme, City Councilors will work to create a
deeper connection with residents within their wards, actively listening to our
community members and working to build a stronger understanding of the
cultures in our community. We will work to better inform our residents on the
role of local government and civic participation. To this end, Councilors are
encouraged to facilitate opportunities for residents to meet and be
engaged.
Agenda Item Review: City Administrator City Attorney Finance
35
Honorable Mayor and City Council
March 8, 2021
Page 2
2. COVID Impacts, Recovery. The City Council will seek to learn about and
understand, how the COVID pandemic is affecting Woodburn's culturally
diverse communities as well as COVID's financial and operational impacts
on the City in real-time and throughout the upcoming recovery phase.
3. Social Service Availability, Strengthen Partnerships. As the City continues to
grow, it has become clear to the City Council that the need for local service
programming will be needed to meet the needs of our community. The City
will work towards building and strengthen relationships with non-profit
organizations, county, and State social services providers to increase service
available to the Woodburn community. This includes strengthening the City's
collaboration with LOVE Inc., helping to develop their organizational
capabilities to the benefit of Woodburn residents and assisting in the creation
of an Executive Director position and establishing a Woodburn Volunteer
Corp program if viable.
City Council Goals
1 . COVID Recovery. COVID-19 continues to create significant economic and
social impacts in our community, the State of Oregon, and the nation. With
many uncertainties and unknowns remaining, COVID-19 response and
recovery will remain the highest priority focus for the City into the foreseeable
future. These include:
A. Financial planning and restorations of Parks, Recreation, and library
programming and other General Fund services. Depending on the
availability of vaccines and the easing of COVID-19 restrictions, it is
estimated to take up to two-years to restore programming to pre-COVID
levels.
B. Sustain the City's robust COVID-19 community outreach, education, and
prevention efforts with a focus on vaccine education and advocacy
moving forward.
2. Financial Sustainability. Amidst the uncertainties associated with COVID-19,
including financial pressures on the City's General Fund, the City will focus on
restoring General Fund services, such as public safety, library, parks and
recreation programs, and community/business economic recovery. The City
will pursue recovery in an economically sustainable manner as described in
the City Council's Financial Policy.
36
Honorable Mayor and City Council
March 8, 2021
Page 3
A. It is the Council's goal to promote an environment that encourages
sustainable economic health maximizing our geographic, workforce,
cultural, and community assets. The City will seek to attract capital
investments that add economic value and opportunity to the residents of
Woodburn.
3. Diversity, Equity & Inclusion (DEI). As COVID rules allow, it is the goal of the
City Council to undertake a joint DEI Training with City Department Heads. In
addition, a separate City Council governance and team-building retreat is
to be undertaken with the use of independent trainers. The goal of the
training is to establish a common understanding of DEI concepts, how an
equity lens approach can be applied to our City services, programs, and
communications. In addition, we will work to identify and overcome cultural
and racial barriers preventing people from accessing City services and
communications.
Council Projects
1 . Establish a grant/loan program for replacing and repairing sidewalks within
the Urban Renewal District and elsewhere as resources are available.
2. Create a City Tree Planting program with the goal of planting 110 trees in 24
months in public rights-of-way, parks, and on private property.
Suggested Quarterly Work Session Topics
• Legion Park Phase Development Plan & Financing
• City Development/Housing Update
• LOVE Inc. Collaboration Update
• Community Center Project Status and Strategic Plan (Next Steps)
• COVID-19 Program and Services Start-Up plan
• Emergency Management Training
• Updating Woodburn's Mission Statement
DISCUSSION:
Now that the City Council has reached a consensus on its 2021-23 goals, officially
adopting those goals is the next step in the implementation process. Proposed
2021-23 City Council goals are being presented for Council deliberation and
approval. The Council should note that the first quarterly work session has been
scheduled for March 22, 2021 , and will focus on the future development plans for
Legion Park.
37
Honorable Mayor and City Council
March 8, 2021
Page 4
FINANCIAL IMPACT:
The fiscal impact, if any, associated with the implementation of these goals is
unknown at this time. Staff will work diligently to utilize existing resources,
partnerships, and grant programs whenever possible for achieving City Council
goals in the upcoming year.
38
%' /� i 1, 1. � i, / 1 % '' o/ o,
e m � �
Zip Code:97071
Published Date Total Case Count Cases Per 10,000 Weekly New Total Case Count%
Cases Change
3-Mar 2871 996.77 27 0.95%
24-Feb 2844 987.3 8 0.28%
17-Feb 2836 984.62 19 0.67%
10-Feb 2817 978.02 33 1.19%
3-Feb 2784 966.57 39 1.42%
27-Jan 2745 953.03 58 2.16%
20-Jan 2687 932.89 66 2.52%
13-Jan 2621 909.97 125 5.01
Marion County
Date:2/19-2/20 Date:2/21-2/27 Weekly%Change
Total Number of Test* 4387 8843 101.57
Positive Percentage Rate 5.43% 4.41% -1.01
Positive Test 238 390 63.87%
Negative Test 4149 8,453 103.74
Hospitalizations 64 17 -73.44
Deaths 3 4 33.33
Oregon
Date:2/19-2/20 Date:2/21-2/27 Weekly%Change
Total Number of Test* 70,200 120,678 71.91
Positive Percentage Rate 3.46% 3.66% 0.20
Positive Test 2,429 4,422 82.05%
Negative Test 67,771 116,256 71.54%
Hospitalizations 119 66 -44.54
Deaths 17 55 223.53
*OHA Positive and Negative Covid-19 Electronic Laboratory Report Data
1 All?
Marion County(Risk Protection Framework)
Date Cases Per 100,000 Test Positivity Risk Category
Population
1/12/21 - 1/30/21 313.4 8.60% Extreme
1/24/21 -02/06/21 282.6 2.90% Extreme(Movement)
1/31/21 -2/13/21 216.2 6.10% Extreme
2/7/21 -2/20/21 136.6 4.80% Extreme
Rate of COVID-19casesper 100,000 ove r14days -50.0 50.0 to K100.0 100.0 to 200.0 2200.0
(counties with 30,0000 or more people)
—r-
Number ofCOVID-19 cases over 14 days(counties ,30. 30 to<4S 45to a80. Z60
with lass than 30,000 people)
-and-
Percentage test positivity over previous 14 days :K5.0% 5.0%to^8.0% 8.0%to X10.0% al 010%
uN
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Maximum 10 people - Maximum 8 people v Maximum 6 people v Maximum 6
Social and At-Home Gathering - - - people
Size—Indoor Recommended limit 4 - Recommended limit:2 v Recommended limit:2 .. Recommended limit:2 households
households households households
Social and At-Home Gathering - Maximum 6 people
Size—Outdoor Maximum 12 people Maximum 10 people Maximum 8 people -
Recommended limit:2 households
Indoor dining allowed Indoor dining allowed
Indoor capacity not to exceed - Indoor dining prohibited
Indoor dining allowed 50%maximum occupancy or Takeout highly recommended . Takeout highly recommended
Indoor ca acit:not to exceed 100 people,whichever is Indoor capacity:not to exceed
p y , . Outdoor dining allowed
50%maximum occupancy smaller 25%maximum occupancy or 50
people,whichever is smaller - Outdoor capacity50 people maximum,including individual dining pods.
Outdoor dining allowed Indoor seating:6 people per Outdoor dining allowed - Outdoor seating:6 people per party and per table maximum,limit 2
* Outdoor capacity:300 people table maximum g households.
maximum,including individual Outdoor dining allowed Outdoor capacity:75 people
Eating and Drinking maximum,including individual * Individual dining pods allowed outdoors subject to outdoor capacity limit.
Establishments dining pods. Outdoor capacity: people dining pods. - Dining Pod Seating:Limit 1 household,four(4)people maximum per
* Individual dining pods allowed maximum,including individual
outdoors subject to outdoor dining pods. Individual dining pods allowed pod.
capacity limit. Individual dining pods allowed outdoors subject to outdoor 11:00 p.m.closing time
Indoor and outdoor seating:8 outdoors subject to outdoor capacity limit. For establishments that operate VI-Ts indoors
people per table maximum capacity limit, s Indoor and outdoor seating 6 Customer capacity Maximum six(6)people total(not including
12:00 a.m.closing time Outdoor seating:8 people per people per er party art and per ()table employees);limit one 1 individual per VLT.
-
table maximum maximum,limit 2 households ndooron-site consumption of food and drink..prohibited,including at
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% Capacity:Maximum 50%occupancy pancy
grocerystores,convenience stores Curbside pick-up encouraged
and pharmacies) Curbside pick-up encouraged s Curbside pick-up encouraged 0 Curbsidepick-up encouraged
Indoor and Outdoor Shopping Capacity:Maximum 75% a Capacity:Maximum 0 Capacity:Maximum 50% a Capacity:Maximum 50%occupancy
Centers/Malls occupancy 75/0 occupancy occupancy
Curbside pick-up encouraged
Curbside encouraged s Curbside pick-up encouraged a Curbsidepick-up encouraged
Indoor Capacity:Maximum 75% ' Indoor Capacity:Maximum 50% - Indoor Capacity:Maximum 25% . Indoor Capacity:Maximum 25%occupancy or 100 people total,
Faith Institutions`,Funeral occupancy or 150 people total, occupancy or 150 people total,
occupancy whichever is smaller
Homes,Mortuaries,Cemeteries whichever is smaller whichever is smaller
Outdoor Capacity:300 people . Outdoor Capacity:250 people a Outdoor Capacity:200 people o Outdoor Capacity:150 people maximum
maximum maximum maximum Recommended:limit services to one hour
Offices Limited office work available Recommend remote work,if able Recommend remote work,if able 0 Require remote work,if able
% Close offices to the public,if possible
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Anticipated K-2 hybrid Start Date
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Marion County
Date:2/17- Date:2/24- Weekly% Est.Percent Vaccinated of
2/23 3/2 Change Cumulative* Total Population
Number of Doses Administered 9,894 9,605 -2.92%
Persons Fully Vaccinated 31,508 9.06%
Persons Series Started 21,239 6.11%
Total Persons Received a Dose(s) 52,747 15.17%
Oregon
Date:2/17- Date:2/24- Weekly% Est.Percent Vaccinated of
2/23 3/2 Change Cumulative* Total Population
Number of Doses Administered 138,428 147,748 6.73%
Persons Fully Vaccinated 365,939 8.57%
Persons Series Started 282,064 6.61%
Total Persons Received a Dose(s) 648,003 15.18%
*Total persons since the start of vaccination administration(Note:2 doses are needed for full vaccination)
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A frog I Uh le worker is someone who has a job that puts It ie hcdividual at r 6ghei Aiskfc),icciiitvactiiigGOV5-119becE.LIyea Df:
Close contact With Ol 0111SWE3 Of their household(less then slX feet);,and
Routine snore than f5 minutes per pnrsorl(sp)c1ose contact,with others oul of their household;and
I troy Cannot perform their job dories TrOM 110H)e ear rMoRher seAting that gpIRS the ckn";e or roull contail Vvil1l)Others
IF) ;a, o, (,f� l l,oln cf, outside of their hOUSOhold.
These nc;]UdOt: Wafer;�ind and s�,;Revv.',1rer, solid waste Tmirragement led
Workers who are manufacturing vaccine-,if i erapeu tics, recycling,mcluchng utifities
Cancer divaces,sl or personal protpctJive equipment s Housing,including construction,contractors,real estay.e
Oil kidney disease [JalliRlog,greRI[10[,g!SeS, eVell
lI1a11,s,QJUVj,g and hotels,housing services uucgi affordable hou5l4ig
COPD(chronic obstl Gmcci y store and l workers,ll food markets, programs,motels and commercial accommodations
PUffflOnary disease) pharmacies,convenience stores, retaRl clothing and Mforr'nation tedinolsagy end COMMUnications
Down Syndrome specialty stores News rneoiin,including broadcashng and publishinq
Fleart conditions,such COMITILMitY COI:R090S,COHI3913S,universIties,vocational Public health workeis, E'uAUCJil Scile
'll und technical
as how t l corajrim y rOialbifflation,trade and profesdonal schools COoSUltiOg,oesearch and deV010rl
artery diseeise,or Ul.S.Poster Survioe workers P10"Al SrIfOty,r`clU(JIr`(I CrJvil("tRcryo noors,grun'lan servioas
cardinmyol public trai isIt wop kers,kICAl ll illtGrUl alld and.social services,such as child Protective services
Irmnunocompron-risod ui barn bus and rail ORDerators Finance,includinc banks,accounting,tax Preparation,
st,,.Ar.,(weal 1111l ,J
systrn)from solid organ MA111.11`00Ll incUdl paper,petroleum,coal,asphalt, payroll urr"l
e
tronsplan't or Hilo 1-00fing,chemical,plastics,metal, Industrial machMery, Legal,Including court staff,judges,aUorneys
Obesity(BMf greater than cornputors,, Transportation,rnpcilical Government,inclUding employees and contractors
cqwpmel i el and maintenance perforn,10C serviocn or business to['the public,tend
or equal to 30 kg/m2) U
Ti Im 1SPOrtatiDIR UJJCJ logistics',Including air,rail,water, eleCted Offtlal`S
pregnarwy trigick,taxi, lfaiorrsine,rhrirtcr burs,00'ellaWlS[ale uf Oiegon legislative and executive-br-Rnuh ftwitfilRe
Sickle ceill disease ground passenger transportal warehousing,storage employees on a li$t rnaill1taim"ri by the Department CrA
"Rype 2 diabetes rnellitu.rs and delivery sei vil Administrative Services(DAS)
Food service,including restaurant,bar and kitchen staff
Enorgy,JIICIUMO�J utifities,oil and gas extractrOrl,ITIMP11g,
gas stations,fuel delivery,envirolill consulting
..........................................................................
'rime Dose Forecast
Vontft Fln'd
IMMAIII
HaUW On 2123(21 W'spMony W
A,-,,sjn*s Oregors M)mrvve
1 S S oas qlabo,,W%Ppply
ASsuil"no Vag IWween
warKlaCturrus Waled CaM d
aya&WbOlty wIld arbal!dMVl(bW,,K)vl
w Oregoin oaccuwVxs
He al"It I
-------------------
,ccine Availability Surge Planning: Site Readiness
Oregoin's projecled weeMy vacdne ailickfinent by Mar0 71"- 120,C00 prIrne doses
Vacdvw,ffivoughput In Oregon ready to Inmase Iby over 200%
SIte madiness for sLage by vaccine charmO*�
currem twoughput
Throughput Readiness
vaccino (prime tmI prime NAm
dAsknJew oncAw chamWs peg,
Max Vax Sites 24,600 48,9100 ovolap"ISIS),
Other Hospktal/Health ReW Phaninmicy WMIJAMare
S
Systern rnIn. 89,190 kmw m p:wwjJ""j[fjm I 4unnmirna
Retail Phamiacy 24,000 31000 raawo-`anuaaarilwuwqjlPmtut
FQHC 3,200 91000
Other Clinic nrn 50,000
LPHAs 35,000 90,400
.estimates(xOybased on rAial swwey respom" ad4 dvaughpit capf'Aq ",kwjy hicher
0
FIND A VACCINATION
SITE AND REGISTER* �- •-
• Visit getvaccinated.oregon.gov -
• Call 2-1-1*
• Text ORCOVID to 899211
• EmailORCOVID@211infor.org `
• Visit COVID-19.MCHealthy.net
*Currently,locations have separate registration
processes.Please visit Marion County Health
to find a location that best meets your needs.
(Expect extended wait times and registrations
for vaccine sites maybe limited.)
D 0
I��
Grantors Amount % Fund Data Breakdown Household Income # %
City of Woodburn: 50,000 18.2% - - - -Funds Disbursed: $191,297.88- Under$12,000: 40 27.2%
Disbursements: 373
Oregon Health Authority: 75,000 27.3% Households: 147 $12,000-$17,000: 43 29.3%
$17,001-$22,000: 13 8.8%
Marion County HHS: 150,000 54.5% Disbursements per Household: 2.54 $22,001-$26,000: 12 8.2%
$$per Disbursement $512.86 $26,001-$30,000: 14 9.5%
Total: 275,000 100.0% $$,per Household $1,301,35
$30,001-$44,000: 15 10.2%
$44,001-$49000: 9 6.1%
o° Race/Ethnicity # o� Over 49,000: 0 0.0%
Breakdown Amount / Not Disclosed: 1 0.7%,
Distributed: 191,297.88 69.6% Total: 147 100.0%
Expenses: 8,702.12 3.2% Hispanic: 104 70.7%%
Administration: 25,000.00 22.3%
Caucasian: 23 15.6% Age of Primary Applicant # %
Total; 273,000,00:100,0% _ 18-25; 11 7.5%
Russian: 3 2.0% 26-35: 48 32.7%
Assistance by Category Amount % 36-40: 8 5.4%
2,340482 3 33.5 % Native American: 3 2.0% 41-45: 4 2.7%
Utilities: 7
Rent: 102 7.2% 46-55: 32 i 21.80
o Asian: 1 0.7% 56-65: 19 12.9%
Supplies: 7,190.36 3.8/0 0
Childcare: 5,709,40 3,0% 66-75: 3
Irttexnet; 4,936 44 2.6°/a Not Disclosed: 13 8.8/0
76-90.
PPE 5288 fl4% Not Disclosed
Total; 147
MORI'GAGE ASSISTANCE PROGRAM
* Program Funds:$413,000
Funds Allocated:$26,172 (2df tons for March)
* 20 Inquiries into the program .....
* Note: %
• Many homeowners are infonxan ,of�those will end in March.
• Many homeowners also rent ain'uitd grnment loan moratoriums that
protect them from foreclosure
Total Category Funds
PPE&Education $ 165,765.00
iNlV�ilp'"'
Childcare Assistance $ 25,000.00 / •
Prescription Assistance $ 7,500.00
Utility Assistance $ 95,500.00 '!O//' r%
Cleaning/Hygiene/Infant Supplies $ 15,000.00
�j/
Other $ 500.00 i,
istance
istance
Business Assistance $ 199,100.00
Non-Profit Assistance(Love Santa and Lutheran UUU
Church) $ 14,000.00
Food Security $ 25,900.00
Housing Assistance(Mortgage and Rental Assistance) $ 858,000.00
Transit $ 378,425.00
Staff Cost $ 125,000.00
Total $ 1,909,690.00
OTHER COVID-19 INFORMATION
• Business Oregon Announces Commercial Rent Relief Grants to Help Small
Businesses Behind on Lease Payments
• The Oregon Legislative Emergency Board allocated$100 million to Business
Oregon
• The grants can goup to$100,000 per-each business tenant lease,but not more
than$3 million for each landlord;
• The program is intended to held ri,"all lii ' � �nt�that have 100 or fewer
employees.
•
The program will open for apphcatij ; ;l dh 8.
• Covid-19 Mortgage Relief Program lrlfrt e ,, y�e �sistance Benefit
• Applications are being acoepted ihr glt March 14, wli
• Mortgage payments for tip to 6 ftcount current,if it is
delinquent,for eligible applicants
• Basic program requirements:
• Receiving unemployment insurance at the time of application
• Home is a single-family(1-4 units);Owner-occupied dwelling
• Not in active bankruptcy
u
r �
f ' i
CABLE TELEVISION FRANCHISE AGREEMENT
Between
THE CITY OF WOODBURN
And
COMCAST OF OREGON I, INC.
TABLE OF CONTENTS
1. PURPOSE AND INTENT 1
2. DEFINITIONS 1
3. GRANT OF FRANCHISE 7
3.1 Grant 7
3.2 Use of Public Streets and Rights of Way 8
3.3 Duration and Effective Date of Franchise/Franchise Review 8
3.4 Franchise Not Exclusive 9
3.5 Grant of Other Franchises 9
3.6 Franchise Transfer 10
3.7 Relation to Other Provisions of Law 11
3.8 Franchise Acceptance 11
3.9 Effect of Acceptance 11
4. CONSTRUCTION AND SERVICE REQUIREMENTS 11
4.1 General 11
4.2 Construction 12
4.3 Right of Inspection of Construction 12
4.4 Provision of Service 12
4.5 Erection of Poles 13
4.6 Trimming of Trees or other Vegetation 13
4.7 Repair and Restoration of Streets, Public Ways and Grounds 14
4.8 Construction Codes 14
4.9 Reservations of Street Rights 14
4.10 Street Vacation and Abandonment 14
4.11 Movement and Location of Facilities 15
4.12 Undergrounding 15
4.13 Maps 16
4.14 Emergency 16
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS 16
5.1 Equal and Uniform Service 16
5.2 System Configuration 16
5.3 Channel Capacity 17
5.4 Emergency Alert Capability 17
5.5 Standby Power 17
5.6 Cable System 17
5.7 Parental Control Lock 17
5.8 Technical Standards 18
5.9 Performance Testing 18
5.10 FCC Compliance 18
6. SERVICES AND PROGRAMMING 18
6.1 Programming Categories 18
6.2 Changes in Video Programming Services 19
6.3 Leased Channel Service 19
6.4 Obscenity 19
6.5 Public, Educational and Government Programming 19
6.6 Complimentary Cable Service to Public Buildings/Schools 22
7. FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS 23
7.1 Intent 23
ii
7.2 Areas of Regulation and Administration 23
7.3 Administration and Regulation 23
7.4 Remedies for Franchise Violations/Revocation 24
7.5 Remedies Not Exclusive 25
7.6 Customer Service Standards 26
7.7 Customer Service and Telephone Responsiveness 26
8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 31
8.1 Compensation 31
8.2 Faithful Performance Bond 32
8.3 Damages and Defense 32
8.4 Liability Insurance and Indemnification 33
9. RIGHTS RESERVED TO GRANTOR 34
9.1 Grantor Acquisition of the Cable System 34
9.2 Right to Perform Franchise Audit or Review 34
9.3 Right of Inspection of Construction 35
9.4 Intervention 35
9.5 Right to Require Removal of Property 35
9.6 Inspection of Facilities 35
10. RIGHTS OF INDIVIDUALS PROTECTED 35
10.1 Discriminatory Practices Prohibited 35
10.2 Unauthorized Monitoring or Cable Tapping Prohibited 36
10.3 Privacy and Other Rights 36
10.4 Permission of Property Owner Required 36
10.5 Sale of Subscriber Lists and Personalized Data Prohibited 37
11. TERMINATION AND EXPIRATION 37
11.1 Grantor's Rights in Lieu of Revocation 37
11.2 Expiration 37
11.3 Continuity of Service Mandatory 37
12. OPERATION AND MAINTENANCE 37
12.1 Open Books and Records 37
12.2 Communication with Regulatory Agencies 38
12.3 Reports 38
12.4 Safety 39
13. MISCELLANEOUS PROVISIONS 39
13.1 Compliance with Laws 39
13.2 Severability and Preemption 39
13.3 Captions 40
13.4 No Recourse Against the Grantor 40
13.5 Nonenforcement by Grantor 40
13.6 Force Majeure 40
13.7 Entire Agreement 40
13.8 Consent 40
13.9 Notices and Time Limit for Grantee Communications 40
13.10 Consistency of Franchise with Cable Act 41
13.11 Notice 41
13.12 Public Disclosure 41
13.13 Time is of the Essence 41
13.14 Reservation of Rights 41
iii
1. PURPOSE AND INTENT
A. The City of Woodburn, Oregon (hereafter Grantor) is authorized to and by this Franchise
Agreement, does grant to Comcast of Oregon I, Inc. (hereafter Grantee) a non-exclusive five (5)
year franchise,revocable as provided herein,to construct, operate and maintain a Cable System in
the City for the purpose of providing wireline cable services within the City.
B. The purpose of this Franchise Agreement is to create a binding, enforceable contract between
Grantor and Grantee.
C. Should any change to state and federal law after the Effective Date have the lawful effect of
materially altering the terms and conditions of this Franchise to the detriment of one or both parties,
then the parties will modify this Franchise to ensure that the Franchise remains consistent with
Applicable Law.
2. DEFINITIONS
For the purposes of this Franchise Agreement and all attachments included hereto, the following words, terms,
phrases, and their derivations will have the meanings given herein. When not inconsistent with the context,words
used in the present tense include the future tense, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory and not merely
directory. Words used in this Franchise which are not defined hereunder but defined in the Cable
Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of
1992 and the Telecommunications Act of 1996 ("Cable Act") will have the meaning specified in the Cable Act
definition.
A. "Access" or"Community Access" or"Public,Educational and Government(PEG)Access" means
the availability for use of the Cable System by various agencies, institutions, organizations, groups
and individuals in the community, including the Grantor and its designees, of designated Channels
on the Cable System to acquire, create, and distribute non-commercial programming.
B. "Access Channel" or "Public, Educational or Government Access (PEG) Channel" means any
channel or portion of a channel utilized for non-commercial programming, where any member of
the general public or any organization may be a Programmer, without charge by the Grantee, on a
non-discriminatory basis.
C. "Public Access Channel" or "Public Access" means any Access channel or portion of an Access
channel where any member of the general public or any non-commercial organization may be an
Access Programmer on a non-discriminatory basis, subject to operating rules formulated by the
Grantor or its designee. Such rules will not be designed to control the content of public access
programming.
D. "Educational Access Channel" means any Access channel or portion of an Access channel
available for educational programming by individuals or institutions, where educational
institutions are the primary or designated Programmers or user having editorial control over their
Programming.
E. "Government Access Channel" means any Access channel or portion of an Access channel
available for programming by government agencies, where governmental institution are the
1
primary or designated Programmers or users having editorial control over their Programming.
F. "PEG Access" means Public Access Channels, Educational Access Channels and Government
Access Channels collectively.
G. "Access Center" means a facility or facilities where Public, Educational, or Government use
Signals are managed and delivered Upstream to the Grantee for Downstream transmission to
Subscribers or to other Access Centers vis a dedicated connection.
H. "Access Channel" mean any Channel, or portion thereof, designated for Access purposes or
otherwise made available to facilitate or transmit Access programming or service.
L "Affiliate" when used in relation to any person, means another person who owns or controls, is
owned or controlled by, or is under common ownership or control with, such person.
J. "Basic Cable Service" means any service of tier that includes the retransmission of local television
broadcast signals as well as the PEG Channels required by this Franchise and is made available to
all Cable Services Subscribers.
K. "Broadcast Signal" means a television or radio signal that is transmitted over-the-air to a wide
geographic audience and is received by the cable communications system off-the-air, whether by
microwave link, by satellite receiver, or by other means.
L. "Cable Act" means collectively the federal Cable Communications Policy Act of 1984, the Cable
Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act
of 1996, as amended.
M. "Cable Operator", "Wireline Cable Service Provider" means any Person or group of Persons,
including Grantee,who provide Cable Service over a Cable System and directly or through one or
more Affiliates own a significant interest in such Cable System or who otherwise control or are
responsible for,through any arrangement,the management and operations of such a Cable System.
N. "Cable Service" will have the meaning provided under Federal law and regulations.
O. "Cable System" or"Cable Communications System" or"System"will have the meaning specified
in the definition of"Cable System" in the Cable Act. In every case of its use in this Franchise,
unless otherwise specified, the term will refer to the cable system constructed and/or operated by
the Grantee in the City under this Franchise.
P. "Calendar Year" means the period of time from January 1 to December 31.
Q. "Ca aci " means the maximum ability to carry Signals or other information within the specified
format.
R. "Capital Cost" means the expenditure of funds for PEG capital resources whose useful life can
be expected to exceed a period of one (1) year or longer.
S. "Channel" will have the meaning specified in the definition of"Channel" in Section 602 of the
Cable Act(47 U.S.C. 522 (4)).
2
T. "C " means the City of Woodburn a municipal corporation, or its duly appointed and/or
authorized representative, and all the territory within its boundaries, as such may change from time
to time.
U. "Demarcation" means up to and including the device where the DAP Signal is converted into a
format to be transmitted over a connection to the Grantee.
V. "Designated Access Provider ("DAP") means the entity or entities designated by the Grantor to
manage or co-manage PEG Access Channels and Access Centers. The Grantor may be a
Designated Access Provider.
W. "Downstream" means the transport of Signals from the Headend to Subscribers or to
Interconnection points service by the Cable System.
X. "Emergency" means a circumstance in which immediate work to repair damaged or
malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons
or property.
Y. "FCC" means the Federal Communications Commission.
Z. "Fiscal Year" means the period from July 1 to June 30.
AA. "Franchise" or"Franchise Agreement" means the authorization granted by this document for the
construction or operation of a cable system for the sole purpose of delivering cable services.
BB. "Franchise Area" means the present legal boundaries of the City as of the Effective Date, and will
also include any additions thereto, by annexation or other legal means.
CC. "Grantee" means Comcast of Oregon I, Inc., and its lawful successors, transferees, or assignees
thereof.
DD. "Grantor" means the City, a municipal corporation in the State of Oregon and/or its authorized
representative or agents.
EE. "Gross Revenues" means, and will be construed broadly to include all amounts in whatever form
and from all sources derived directly or indirectly by Grantee and/or an Affiliate from the operation
of Grantee's Cable System to provide Cable Service within the Franchise Area. Gross revenues
include, by way of illustration and not limitation:
L Fees for Cable Services,regardless of whether such Cable Services are provided to residential
or commercial subscribers, including revenues derived from the provision of all Cable
Services (including but not limited to pay or premium Cable Services, digital Cable Services,
pay-per-view,pay-per-event, audio channels and video-on-demand Cable Services);
11. Installation, disconnection, reconnection, downgrade, upgrade, maintenance, repair, or
similar charges associated with Subscriber Cable Service within the Franchise Area;
III. Fees paid to Grantee for channels designated for commercial/leased access use,which will be
allocated on a pro rata basis using total Cable Service Subscribers;
IV. Converter, remote control, and other Cable Service equipment rentals, leases, or sales;
V. Payments for pre-paid Cable Services and/or equipment;
3
VI. Advertising Revenues as defined herein;
VII. Fees including, but not limited to:
a. late fees, convenience fees, administrative fees and similar multiservice fees, which will
be allocated on a pro rata basis using Cable Services revenue as a percentage of total
Grantee revenues within the Franchise Area;
b. Franchise fees;
c. The FCC User Fee;
VIII. Revenue from programing guides; and
IX. Commissions from home shopping channels and other Cable Service revenue sharing
arrangements which will be allocated on a pro rata basis using total Cable Service Subscribers
within the Franchise area.
"Gross Revenues" will not be net of: 1) any operating expense; (2)any accrual, including without
limitation, any accrual for commissions to Affiliates; or (3) any other expenditure, regardless of
whether such expense, accrual, or expenditure reflects a cash payment. "Gross Revenues",
however, will not be double counted. Revenues of both Grantee and an Affiliate that represent a
transfer of funds between the Grantee and the Affiliate, and that would otherwise constitute Gross
Revenues of both the Grantee and the Affiliate, will be counted only once for purposes of
determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from
Grantee's revenue to an Affiliate and which may otherwise constitute revenue of the Affiliate, will
not constitute additional Gross Revenues for the purpose of this Franchise. "Gross Revenues" will
include amounts earned by Affiliates only to the extent that Grantee could, in concept,have earned
such types of revenue in connection with the operation of Grantee's Cable System to provide Cable
Services and recorded such types of revenue in its books and Records directly,but for the existence
of Affiliates. "Gross Revenues" will not include sales taxes imposed by law on Subscribers that
the Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues"
will not include bad debt.
"Advertising Revenues" will mean amounts derived from sales of advertising that are made
available to Grantee's Cable System Subscribers and will be allocated on a pro rata basis using
total Cable Service Subscribers reached by the advertising. Whenever Grantee acts as the principal
in advertising arrangements involving representation firms and/or advertising interconnects and/or
other multichannel video providers, Advertising Revenues subject to Franchise fees will include
the total amount from advertising that is sold, and not be reduced by any operating expenses (e.g.,
"revenue offsets" and "contra expenses" and "administrative expenses" or similar expenses), or
by fees, commissions, or other amounts paid to or retained by National Cable Communications or
Effectv or similarly affiliated advertising representations firms to Grantee or their successors
involved with sales of advertising on the Cable System within the Franchise Area.
"Gross Revenues" will not include:
L Actual Cable Services bad debt write-offs, except any portion which is subsequently
collected which will be allocated on a pro rata basis using Cable Services revenue as a
percentage of total Grantee revenues within the Franchise Area;
IL Any taxes and/or fees on services furnished by Grantee imposed on Subscribers by any
municipality, state or other governmental unit,provided that the Franchise Fee,the FCC
User Fee will not be regarded as such a tax or fee;
III. Launch fees and marketing co-op fees;
4
IV. Unaffiliated third-parry advertising sales agency fees or commissions which are
reflected as a deduction from revenues, except when Grantee acts as a principal as
specified in paragraph(A) immediately above;
V. Refunds, rebates or discounts made to Subscribers;
VL Sales of capital assets or sales of surplus equipment; and,
VII. Revenue from non - cable services and/or any service or product that has not been
determined by federal law or regulation to be a Cable Service.
To the extent revenues are derived by Grantee for the provision of a discounted bundle of services
which includes Cable Services and non-Cable Services, Grantee will calculate revenues to be
included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when
comparing the bundled service price and its components to the sum of the published rate card
prices for such components. Except as required by specific federal, state or local law, it is
expressly understood that equipment may be subject to inclusion in the bundled price at full rate
card value. This calculation will be applied to every bundled service package containing Cable
Service from which Grantee derives revenues in the Franchise Area. The Grantor reserves its right
to review and to challenge Grantee's calculations.
Example: Cable Service represents 50%of the total rate card for services to be offered in a bundle,
then Cable Service is to be valued and reported as being no less than 50% of the price of the
bundled service total.
The parties acknowledge that Grantee maintains its books and records in accordance with
Generally Accepted Accounting Principles (GAAP). Grantee further agrees that it will not utilize
GAAP to unlawfully, or in contravention of this agreement, avoid payment of franchise fees. At
all times, Grantor reserves its right to challenge Grantee's calculation of Gross Revenues,
including Grantee's interpretation of GAAP and Grantee's interpretation of FASB, EITF and SEC
directives. Grantee agrees to explain and document the source of any change it deems required by
FASB,EITF and SEC concurrently with any Franchise required document at the time of submittal,
identifying each revised Section or line item.
FF. "Headend" means Grantee's facility for Signal reception and dissemination on the Cable System,
including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors,
equipment for Interconnection of the Cable System with adjacent Cable Systems or other separate
communications networks, and all other related equipment and facilities.
GG. "Interconnect" or "Interconnection" means the linking of the Cable System or I-Net with another
cable system, communications systems or I-Net, or the linking of locations connect to portions of
the Cable System outside the Franchise Area and those portions of the Cable System inside the
Franchise Area, including technical, engineering, physical, financial and other necessary
components to accomplish, complete, and adequately maintain such linking, in a manner that
permits the transmission and receiving of electronic or optical signals between the systems or
locations. Such linking does not necessarily include the provision of end-user equipment for
generating or receiving signals.
HH. "Leased Channel" means any channel or portion of a channel available for programming by persons
or entities other than Grantee for a fee or charge.
It "Non-Cable Services" means the transmission(s) of Telecommunications or information including,
but not limited to, voice, video or data, without regard to the transmission protocol employed,
5
whether or not the transmission facilities are owned by the provider itself, and includes all forms of
telephone services and voice, video, data or information transport, but does not include (1) Cable
Service; (2) open video system service, as defined in 47 C.F.R. 76 (3) private communication
systems services provided without using the public right-of-way; (4) over-the-air radio or television
broadcasting to the public at-large from facilities licensed by the FCC (5) direct-to-home satellite
service with the meaning of Section 602 of the Communications Act and(6)public communications
systems.
JJ. "Origination Point" means a location other than the Access Center, where PEG use programing is
delivered to the Grantee for Upstream transmission.
KK. "Person"means any corporation,partnership,proprietorship, individual,organization, association,
or other entity authorized to do business in the State of Oregon, or any natural person.
LL. "Programmer" means any person or entity who or which produces or otherwise provides program
material or information for transmission by video,audio, digital or other storage methods or media,
to Subscribers, by means of the Cable System.
MM. "Programming" means the process of causing television programs or other patterns of signals in
video, voice or data formats to be transmitted on the Cable System, and includes all programs or
patterns of signals transmitted or capable of being transmitted, on the Cable System.
NN. "Record" means written or graphic materials, however produced, or reproduced, or any other
tangible permanent record, without limitation, all letters, correspondence, memoranda, minutes,
notes, summaries or accounts of telephone conversations, magnetic and laser disk files, opinions
or reports of consultants or expert, invoices, billings, statement of accounts, studies, appraisal,
analyses, contracts, agreement, charts, graphs, and photographs, to the extent related to the
enforcement or administration of this Agreement.
00. "Resident" means any natural person residing within the Franchise Area.
PP. "Residential Service" means Cable Services delivered on the Cable System to residential
subscribers.
QQ. "Residential Subscriber" means any Resident who is lawfully receiving for any purpose or reason,
any Cable Service provided by Grantee.
RR. "Right of Way", "Rights of Way", "ROW", or"Public Right of Way" means and includes, but is
not limited to, the space in, upon, above, along, across, over or under the public streets, roads,
highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes,
public utility easements and all other public ways or areas, including the subsurface under and air
space over these areas, but does not include parks, parkland, or other city property not generally
open to the public for travel. This definition applies only to the extent of the City's right, title,
interest and authority to grant a license to occupy and use such areas for utility facilities.
SS. "School" means any public or accredited private primary or secondary schools and all similarly
situated private and parochial educational institutions that have received the appropriate
accreditation from the State of Oregon and, where required, from other authorized accrediting
agencies.
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TT. "Section" means any section, subsection or provision of this Franchise Agreement.
UU. "Signal" means any electrical or light impulses carried on the Cable System whether one-way or
bi-directional.
VV. "Streets and Public Ways" means the surface of and the space above and below any public street,
road, sidewalk, alley, or other public way of any type whatsoever, now or hereafter existing as
such within the Franchise Area, and any easements,rights of way or other similar means of access
to the extent Grantor has the right to allow Grantee to use them, and except the airwaves above a
right-of-way with regard to cellular or other non-wire communications or broadcast services.
WW. "Subscriber" means any person who is lawfully receiving, for any purpose or reason, any Cable
Service provided by Grantee by means of or in connection with the Cable System whether or not
a fee is paid for such services.
XX. "TT " or "Taping" means observing a two-way communication signal exchange where the
observer is neither of the communicating parties, whether the exchange is observed by visual or
electronic means, for any purpose whatsoever.
YY. "Telecommunications" means the transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or content of the information as
sent and received(as provided in 47 U.S.C. Section 153(43)).
ZZ. "Telecommunications Services" means the offering of Telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available directly to the public,regardless
of the facilities used(as provided in 47 U.S.C. Section 153(46)).
AAA. "Year" means a full twelve-month calendar year, unless designated otherwise, such as a "fiscal
year."
3. GRANT OF FRANCHISE
3.1 Grant
A. Grantor hereby grants to the Grantee a non-exclusive and revocable franchise Effective on APRIL,
1, 2021 revocable as provided herein, to construct, operate and maintain a Cable System for the
provision of Cable service within the Franchise area. This Franchise constitutes the authority,
right, privilege and obligation to provide Cable Services over the facilities of the Cable
Communications System as required and conditioned by the provisions of this Franchise
Agreement.
B. This Franchise is subject to the laws of the United States and the State of Oregon, to the general
codes and police powers of the City enacted pursuant thereto affecting matters of general City
concern and not merely existing contractual rights of Grantee,whether now existing or hereinafter
enacted. The Grantor will make a good faith effort to notify the Grantee of any City proceedings
which would substantially affect the Grantee's operations and will upon request supply the Grantee
with copies of any City laws or regulations affecting Grantee's operations. Notwithstanding
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Grantor's general exercise of police power described in Section 3.7 below, in cases of conflict
between this Agreement and any ordinance or resolution that directly affects or changes the
material terms outlined under section 3.5(B) of Grantee under this Agreement, this Franchise
Agreement will govern. Nothing herein will be interpreted to prevent Grantor or Grantee from
challenging the lawfulness of enforceability of any provision of applicable law.
C. Grantee promises and guarantees as a condition of exercising the privileges granted by this
Agreement, that any Affiliate or joint venture partner of the Grantee directly involved in the
offering of Cable Service in the Franchise Area, or directly involved in the management or
operation of the Cable System in the Franchise Area, will also comply with the terms and
conditions of this Agreement and any Federal, State or City law, rule, or regulation.
D. No rights will pass from Grantor to Grantee by implication. Without limiting the forgoing,by way
of example and not limitation, the Franchise will not include or be a substitute for:
L Any other permit or authorizations required for the privilege of transaction and carrying on
a business within the City that may be required under generally applicable ordinances and
laws of the Grantor;
It Any permit,agreement of authorization required under generally applicable ordinances and
laws of the Grantor in connection with operations on or in the Right of Way or property,
including by way example and not limitation, street cut permits; or
III. Any permits or agreement for occupying any other property of the Grantor or private
entities to which access is not specifically granted by this Franchise including, without
limitation, permits and agreement for placing devices on or in poles or wires, conduits,
other structures or railroad easements, whether owned by the Grantor or a private entity.
This provision should not be interpreted to restrict Grantee's general franchise rights under
47 U.S.C. Section 541(a).
IV. Grantor agrees to use best efforts in its working relationship with Grantee in the permitting
processes associated with Grantee's permit requests.
3.2 Use of Public Streets and Rights of Way
For the purpose of constructing, operating and maintaining a Cable System for the provision of cable
services in the Franchise Area,the Grantee may erect, install, audit, construct,repair,replace,reconstruct,
and retain in, on, over, under, upon, across, and along the Streets and Public Ways within the Franchise
Area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
attachments, and other property and equipment as are necessary, convenient and appurtenant to the
operation of the Cable System. Prior to construction or alteration within City Streets and Public Ways,
the Grantee will in each case request all required permits, pay applicable fees, and receive approval as
necessary before proceeding. Nothing in this Section will relieve the Grantee of the obligations of Section
4.6 regarding the trimming of trees and other vegetation.
3.3 Duration and Effective Date of Franchise/Franchise Review
Except as otherwise provided herein for revocation, the term of this Franchise and all rights, privileges,
obligations, and restrictions pertaining thereto will be Five (5) years from the Effective Date of this
Agreement, at which time the Franchise will expire and be of no force and effect. The effective date of
the Franchise is specified in 3.I.A, ("Effective Date") unless the Grantee fails to file the Franchise
acceptance in accordance with Section 3.7 herein, in which event this Franchise will be null and void.
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A. Renewal
L The Grantor and Grantee agree that any proceedings undertaken by the Grantor that relate to
the renewal of Grantee's Agreement will be governed by and comply with the provisions of
the Cable Act (47 USC § 546), unless the procedures and substantive protections set forth
therein will be deemed to be preempted and superseded by the provisions of any subsequent
provision of federal or state law.
11. In addition to the procedures set forth in the Cable Act, the Grantor agrees to notify Grantee
of the completion of its assessments regarding the identification of future cable-related
community needs and interests, as well as the past performance of Grantee under the then
current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee
and Grantor agree that at any time during the term of the then current Agreement, while
affording the public adequate notice and opportunity for comment, the Grantor and Grantee
may agree to undertake and finalize negotiations regarding renewal of the then current
Agreement and the Grantor may grant a renewal thereof. Grantee and Grantor consider the
terms set forth in this Section to be consistent with the express provisions of the Cable Act.
3.4 Franchise Not Exclusive
The franchise granted herein is not exclusive. This Franchise will not be construed as any limitation upon
the right of the Grantor, through its proper officers, to grant to other persons or corporations, rights,
privileges or authority the same as, similar to or different from the rights, privileges or authority herein
set forth, in the same or other Streets and Public Ways by franchise, permit, or otherwise subject to the
provisions of Section 3.5 herein.
3.5 Grant of Other Franchises
A. The Grantor reserves the right to grant additional Franchises or similar authorizations to provide
video programming services via Cable Systems or similar wireline systems located in the Public
Rights of Way. Grantor intends to treat wireline cable service competitors in a nondiscriminatory
manner in keeping with federal law. If the Grantor grants such an additional Franchise or
authorization to use the Public Rights of Way to provide such services and Grantee believes the
Grantor has done so on terms materially more favorable than the obligations under this Agreement,
then the provisions of this Section 3.5 will apply.
B. As part of this Agreement, the Grantor and Grantee have mutually agreed that the following
material Franchise terms may be used to compare Grantee's Franchise to a wireline cable service
provider competitor: a 5% (five percent) Franchise fee, PEG funding, PEG Access Channels, and
customer service obligations (hereinafter "Material Obligations"). Grantor and Grantee agree that
these Material Obligations bear no relationship to the technology employed by the Grantee or a
wireline cable service provider competitor and as such can reasonably be expected to be applied
fairly across all wireline cable service competitors.
C. Within one (1) year of the adoption of a wireline cable service competitor's Franchise or similar
authorization, Grantee must notify the Grantor in writing of the Material Obligations in this
Agreement that exceed the Material Obligations of the wireline cable service competitor's Franchise
or similar authorization. The Grantor will have one hundred twenty (120) days to agree to allow
Grantee to adopt the same Material Obligations provided to the wireline cable service competitor,
or dispute that the Material Obligations are different. In the event the Grantor disputes the Material
Obligations are different, Grantee may bring an action in a competent court of law for a
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determination as to whether the Material Obligations are different and as to what Franchise
amendments would be necessary to remedy the disparity. Alternatively, Grantee may notify the
Grantor that it elects to immediately commence the renewal process under 47 USC§ 546 and to
have the remaining term of this Franchise shortened to not more than thirty (30) months.
D. Nothing in this Section 3.5 is intended to alter the rights or obligations of either party under
applicable federal or state law, and it will only apply to the extent permitted under applicable law
and FCC orders. In no event will the Grantor be required to refund or to offset against future
amounts due the value of benefits already received.
E. This provision does not apply if the Grantor is ordered or required to issue a Franchise on different
terms and conditions,or it is legally unable to do so; and the relief is contingent on the new Wireline
Cable Service Provider actually commencing provision of service in the market to its first customer.
Should the new Wireline Cable Service Provider fail to continuously provide service for a period
of six (6) months, the Grantor has the right to implement this Agreement with its original terms
upon ninety (90) days' notice to Grantee.
F. This Section does not apply to open video systems, nor does it apply to common carrier systems
exempted from Franchise requirements pursuant to 47 U.S.C. Section 571; or to Systems that serve
less than 5% (five percent) of the geographic area of the Grantor; or to Systems that only provide
video services via the public Internet.
3.6 Franchise Transfer
Subject to Section 617 of the Cable Act(47 U.S.C. Section 537), no transfer of the Franchise or change
in control of Grantee will occur without the prior written consent of Grantor, provided that such consent
will not be unreasonably withheld.
No such consent will be required, however, for a transfer in trust, by mortgage, by other hypothecation,
by assignment of any rights, title, interest of Grantee in the Franchise or Cable System in order to secure
indebtedness, and no such consent will be required for a change in control or transfer of an ownership
interest or other interest in Grantee to the parent of Grantee or transfer of an interest in the Franchise to
the parent of Grantee, or any action which is the result of a merger of the parent of Grantee or any action
which is the result of a merger of another Affiliate of Grantee. Grantee will provide written notice to
Grantor of any transaction as described in this paragraph within sixty (60) days of such transaction.
If the Grantee wishes to transfer this Franchise, the Grantee and Grantor will proceed pursuant to Section
617 of the Cable Act and related rule makings of the FCC. Grantee will give Grantor written notice of
the proposed transfer and will request consent of the transfer by the Grantor. Grantee will furnish all
information required by law and/or reasonably requested by Grantor, at no cost to Grantor, with respect
to the consideration of the transfer. For the purpose of determining whether it will consent to such transfer,
Grantor may inquire into the legal, financial and technical qualifications of the prospective transferee to
perform the obligations of the Grantee under this Franchise. The Grantee will assist Grantor in any such
inquiry.
In cases where the Grantor finds it inappropriate to give unconditional consent to the proposed transfer,
the Grantor may condition its consent upon terms and conditions related to the legal, financial, and
technical qualifications of the proposed transferee and to the resolution of outstanding and unresolved
issues of Grantee's noncompliance with material terms and conditions of this Franchise. Grantee reserves
the right to challenge Grantor's conditional consent as outside the scope of its authority under this
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Franchise or federal law. Any transfer of ownership affected without the written consent of the Grantor
will render this Franchise subject to revocation, provided that any such consent will not be unreasonably
withheld. The Grantor will have one hundred twenty (120) days to act upon any request for approval of
a transfer that contains or is accompanied by such information as is required in accordance with FCC
regulations and by the Grantor. If the Grantor fails to render a final decision on the request within one
hundred twenty (120) days, the request will be deemed granted unless the Grantee and the Grantor agree
to an extension of time.
The Grantee, upon any transfer as heretofore described, will within sixty (60) days thereafter file with the
Grantor a copy of the deed, agreement, mortgage, lease, or other written instrument evidencing such sale,
lease, mortgage, assignment or transfer, certified and sworn to as correct by the Grantee.
Every such transfer as heretofore described will be deemed void and of no effect unless Grantee will,within
sixty (60) days after the same will have been made, file such certified copy as is required.
3.7 Relation to Other Provisions of Law
This Agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise
all rights in accordance with, applicable law as amended over the Franchise Term. The Agreement is a
contract, subject to the Grantor's exercise of its police and other regulatory powers and such applicable
law. This Agreement does not confer rights or immunities upon the Grantee other than as expressly
provided herein. In cases of conflict between this Agreement and any ordinance of general application
enacted pursuant to the Grantor's police power, the ordinance will govern. Grantee reserves all rights it
may have to challenge the lawfulness of any Grantor ordinance,whether arising in contract or at law. The
Grantor reserves all of it rights and defenses to such challenges, whether arising out of contract or at law.
The Franchise issued, and the fees paid hereunder, are not in lieu of any other required permit,
authorization, fee, charge, or tax, unless expressly stated herein.
3.8 Franchise Acceptance
The Grantee, within forty-five (45) days after the tender by the Grantor to Grantee of the Franchise
Agreement adopted by the Grantor, will file with the City a written acceptance executed by the Grantee,
in the form attached hereto as Exhibit A. In the event Grantee fails to file the acceptance as required
herein, then this Franchise will be null and void.
3.9 Effect of Acceptance
By accepting the Franchise, the Grantee;
A. Acknowledges and accepts the Grantor's legal right to issue and enforce this agreement,
B. Agrees that it will not oppose the Grantor's intervening or other participation in any proceeding
affecting the Cable System,
C. Accepts and agrees to comply with each and every provision of this agreement,
D. Agrees that the Franchise was granted pursuant to processes and procedures consistent with
applicable law, and
E. Agrees to not raise any claim to the contrary.
4. CONSTRUCTION AND SERVICE REQUIREMENTS
4.1 General
The Grantee will maintain on its cable system a minimum capacity of one hundred and twenty (120)
activated channels, defined under the Cable Act as those channels engineered at the headend of the Cable
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System for the provision of services generally available to residential subscribers of the cable services,
regardless of whether such services actually are provided. In all its construction and service provision
activities, Grantee will meet or exceed the construction, extension and service requirements set forth in
this agreement.
4.2 Construction
In all its construction and service provision activities, Grantee will meet or exceed the construction,
extension and service requirements set forth in this Franchise Agreement.
Prior to beginning any construction other than routine installations or repairs for individual subscribers,
Grantee will provide Grantor with a construction schedule for work in the Streets. All construction will
be performed in compliance with this Agreement and all applicable Grantor ordinances, codes,
resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of
the Franchise. When obtaining a permit, Grantee will inquire in writing about other construction currently
in progress,planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or
boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts. Grantee
will work with other providers, grantees,permittees, and franchisees so as to reduce as far as possible the
number of street cuts and disruption to the public.
A. Open Trench. The Grantor agrees that in the event that Grantor is conducting a city project,Grantee
requests Grantor provide means to discuss any open trench opportunities associated with Grantor's
project to the extent consistent with applicable law and provide reasonable access to the open
trench. Notwithstanding the foregoing, Grantee will not be required to utilize any open trench nor
will failure of Grantor to contact Grantee under this section be considered a violation of this
Agreement.
4.3 Right of Inspection of Construction
Grantor will have the right to inspect all construction or installation work performed within the Franchise
Area and to make such tests as it finds necessary to ensure compliance with construction or installation
standards of this Franchise Agreement, other applicable City codes and ordinances, and other pertinent
provisions of law. Grantee will fully cooperate in facilitating such inspections or tests and will be subject
to any fees or charges applicable under ordinance or other laws or regulations.
4.4 Provision of Service
A. It is the Grantor's general policy that all residences in the Grantee's franchise area should have
equivalent availability of service from Grantee's Cable System under non-discriminatory rates and
reasonable terms and conditions. Grantee will not arbitrarily refuse to provide Cable Services to any
Person within the Franchise Area subject to Section (B)below.
B. Except as otherwise provided in Section 4.4 (F) Grantee will provide Cable Service to every
residential dwelling unit within the Franchise Area where the average density is equal to or greater
than ten (10) dwelling units per linear strand quarter cable mile as measured from Grantee's nearest
cable line:
L With no line extension charge; and
11. At a non-discriminatory installation charge for a standard installation, consisting of a one
hundred twenty-five (125) foot drop connecting from the nearest point on Grantee's Cable
System to an outside wall for residential Subscribers with additional charges for non-standard
installations computed on a time plus material basis to be calculated on that portion of the
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installation that exceeds the standard one hundred twenty-five (125) foot drop.
III. In all new subdivisions or other areas where undergrounding is required, cable plant and drops
will be placed underground; in other areas, new or replacement cable plant and drops will be
placed underground whenever feasible.
Grantee will provide Cable Service to potential Subscribers that do not meet the density requirement
set forth in Section 4.4(B)under the following circumstances, through agreement between the Grantee
and the person requesting service for payment of line extension construction costs:
L Grantee will provide service at its normal, published installation charge for the initial one
hundred twenty-five (125) feet of extension.
11. The subscriber will pay the actual cost of the extension for the distance over one hundred
twenty-five (125) feet
C. Notwithstanding Section 4.4(A), Grantee may establish different and non-discriminatory rates and
charges and classes of services for Commercial Subscribers, as well as different and non-
discriminatory monthly rates for classes of Commercial Subscribers. For the purposes of this
Section 4.4.C, "Commercial Subscribers" means any other Subscriber other than Residential
Subscribers in single family or multifamily dwellings.
D. As areas are annexed into the City, Grantee will provide Cable Television services to all residences
within the annexed area on the same terms as provided for in Section 4.4.C, unless otherwise
authorized by the City.
E. In new subdivisions,cable television service will be made available under the terms of 4.4.A through
4.4.0 above either (i) contemporaneously with other utility services; or (ii) no more than sixty (60)
days from first occupancy, whichever is first.
F. Notwithstanding any other provision in this Franchise, Grantee will not be required to extend its
Cable television service to any area of the City that already receives Cable television service from a
provider that is not commonly owned to any degree with Grantee, unless the density meets or
exceeds 60 dwelling units per linear cable quarter mile (1,320 feet) from Grantee's nearest cable
plant.
4.5 Erection of Poles
Grantee may not erect, for any reason, any pole on or along any street or public way in an existing aerial
utility system unless approved by the Grantor. The Grantee will make all reasonable efforts to lease pole
space from the existing pole owners for all aerial constructions, under mutually acceptable terms and
conditions, and will comply with all applicable ordinances, resolutions, rules and regulations of the
Grantor, heretofore or hereafter adopted or established during the entire term of the Franchise.
4.6 Trimming of Trees or other Vegetation
In the conduct of its business, it may be necessary for Grantee to trim trees or other vegetation in order to
provide space for its facilities. Tree or vegetation trimming will be done only in accordance with the
codes and other rules and regulations of Grantor, heretofore or hereafter adopted or established during the
entire term of the Franchise, and if the tree or vegetation is located on private property,with the permission
of the owner of the property on which the tree or vegetation stands. Nothing contained in this Franchise
Agreement will be deemed to empower or authorize Grantee to cut, trim or otherwise disturb any trees or
other vegetation, whether ornamental or otherwise.
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4.7 Repair and Restoration of Streets, Public Ways and Grounds
Whenever the Grantee disturbs the surface or otherwise damages any Street, alley, public roadway, hard
surface pavement, other public ground, or ground, it will repair and restore the same to at least the prior
condition or the legally required standard. In the case of a hard surface opening, Grantee will promptly
refill the opening and restore the pavement to at least its original condition or the legally required standard.
Grantor will notify Grantee if any opening made by Grantee requires further restoration and,after an eight-
hour period for Grantee to affect the repairs, Grantor may refill and/or pave. All costs thereof, including
but not limited to, inspection, supervision, and administration will be paid by Grantee. All excavations
made by the Grantee will be properly safeguarded for the prevention of accidents. Any work required
will be done in compliance with the rules,regulations and ordinances of the Grantor heretofore or hereafter
adopted. Unless otherwise provided for in a written legal agreement with a private property owner,
Grantee will repair and restore any private property it disturbs in the same manner required by the
Franchise with respect to public property.
The requirement under this Section for the Grantor to notify the Grantee and to allow a minimum time
period for repairs is effective except in the case of emergency, as determined under this Agreement.
4.8 Construction Codes
The Grantee will strictly adhere to all applicable building, zoning or other laws, codes, regulations and
rules of Grantor in effect at the time of Grantee's work. The Grantee will arrange its lines, cables and
other appurtenances, on both public and private property, in such a manner as to cause no unreasonable
interference, as determined by the Grantor, with the use of said public or private property by any person.
In the event of such interference, Grantor may require the removal of Grantee's lines, cables and
appurtenances from the property in question at the sole expense of the Grantee.
4.9 Reservations of Street Rights
Nothing in this Franchise Agreement will be construed to prevent any public work of the Grantor,
including without limitation constructing sanitary or storm-water sewers, grading,paving,repairing and/or
altering any Streets and Public Ways, or laying down, repairing or removing water mains or maintaining,
repairing, constructing or establishing any other public property. If any property of the Grantee will
interfere with the construction or repair of any street or public improvement, whether it be construction,
repair or removal of a sanitary or storm-water sewer or water main, the improvement of a street or any
other public improvement, then upon reasonable written notice from the Grantor, all such property
including poles, wires, conduits or other appliances and facilities will be removed, replaced or relocated
in a timely manner as will be directed by the Grantor, so that the same will not interfere with the said
public work of the Grantor, and such removal,replacement or relocation will be at the sole expense of the
Grantee. In the event of failure, neglect or refusal of the Grantee to relocate its facilities or to repair,
restore, or reconstruct such street, the Grantor may do such work or cause it to be done, provided that
Grantor first notifies and provides Grantee fifteen (15) days to cure. Notwithstanding, if a public
emergency exists,at the sole determination of the Grantor, Grantor may effect immediate repairs.All costs
incurred by Grantor, including but not limited to the cost of inspection, supervision and administration,
will be paid by the Grantee.
4.10 Street Vacation and Abandonment
In the event any street, alley, public highway or portion thereof used by the Grantee will be vacated by
the Grantor, or the use thereof discontinued by the Grantee, during the term of this Franchise,the Grantee
may abandon its above ground Cable System facilities if Grantor grants Grantee the right to do so in
writing. Grantee will have the right to abandon its underground Cable System facilities. If the above
ground cable facilities removal is required by Grantor, at the time of removal thereof the Grantee will, at
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no cost to Grantor,restore,repair or reconstruct the street area where such removal has occurred,and place
the street area where such removal has occurred in such condition as may be reasonably required by
Grantor and/or the new controlling jurisdiction. In the event of failure, neglect or refusal of the Grantee
to remove its facilities or to repair, restore, or reconstruct such street, the Grantor may do such work or
cause it to be done, provided that Grantor first notifies and provides Grantee fifteen (15) days to cure
unless additional time is granted in writing by the Grantor. All costs incurred by Grantor, including but
not limited to the cost of inspection, supervision and administration, will be paid by the Grantee.
4.11 Movement and Location of Facilities
A. Movement and location of Grantee's facilities will follow all applicable Grantor's regulations,
heretofore or hereafter amended, unless otherwise provided within this Franchise.
B. Unless otherwise agreed to in writing by the Grantor, Grantee will, at no cost to the Grantor,
temporarily or permanently remove,relocate,change or alter the position of any utility facility within
the ROW, including relocation of aerial facilities underground where all wireline cable providers are
being asked to relocate underground, when requested to do so in writing by the Grantor.
Grantor will bear no responsibility nor be liable for any costs, associated with Grantee's movement or
alternate locations of Grantee's facilities.
4.12 Undergrounding
A. Cable must be installed underground where:
L All existing wireline cable service utilities are placed underground, other than high voltage
electric facilities;
11. Statute, ordinance,policy or other regulation of Grantor lawfully requires utilities to be placed
underground;
III. All overhead utility lines are placed underground, other than high voltage electric facilities
(Grantee will bear the cost of such movement of its facilities unless specific exemption is given
by Grantor in any individual case or unless preemptive state or federal law or regulation
provides otherwise);
IV. Grantee is unable to get pole clearance;
V. Underground easements are obtained from developers of new residential areas; or
VI. Utilities are overhead but Residents prefer underground (undergrounding to be provided at
Residents' cost).
B. Cable may be installed above ground where:
L Existing Wireline Cable Providers lines are above ground, excluding high voltage electric
facilities; or
It Grantee obtains written permission from Grantor
C. Grantee will use conduit or its functional equivalent on 100%of undergrounding, except for drops from
poles,pedestals or vaults to Subscribers' homes and for cable on other private property where the owner
requests that conduit not be used. Cable and conduit will be utilized which meets the highest industry
standards for electronic performance and resistance to interference or damage from environmental
factors. Grantee will use, in conjunction with utility companies or providers, common trenches for
underground construction wherever available.
Nothing in this Section will be construed to prohibit Grantee from constructing, operating, or
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maintaining aboveground any ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers,power supplies,pedestals, or other related equipment provided that
these are placed in a manner consistent with applicable laws, codes, rules and regulations, heretofore
or hereafter adopted.
4.13 Maps
A. Strand Maps. Grantee will maintain strand map drawings of the Cable System and make them
available to the Grantor for inspection upon request. Strand drawings or their functional equivalent
will be updated as changes occur in the Cable System. The Grantee will provide to the Grantor,upon
request, at no cost to the Grantor, a copy of strand maps showing the location of the Grantee's facilities
in the Streets and Public Ways within the Franchise Area.
B. GIS Maps. Grantee will provide,upon request,at no cost the Grantor a GIS map,in a format acceptable
to the Grantor of all its facilities located with the Grantor's rights-of-way or Grantor's property.
Grantor will not request such map more than once per calendar year.
C. Notwithstanding anything to the contrary set forth in this Section, the Grantee will not be required to
disclose information beyond the GIS location of its facilities.
4.14 Emergency
In the event of emergency situation or circumstance that creates or is contributing to an imminent danger
to health, safety, or property, as determined by Grantor in its sole discretion, the Grantor may remove or
relocate Grantee's Cable System without prior notice. All costs incurred by Grantor, including but not
limited to the cost of inspection, supervision and administration, will be paid by the Grantee. Subject to
the limits of the Oregon Tort Claims Act and the Oregon Constitution, Grantor will defend, indemnify,
and hold Grantee harmless for any negligent actions or gross negligence by Grantor's employees or agents
pursuant to this Section 4.14.
4.15 Emergency Repairs
In the event that emergency repairs are necessary, Grantee will immediately notify the Grantor of
the need for such repairs. Grantee may initiate such emergency repairs and will apply for appropriate
permits as soon as reasonably practicable but in no event not later than two business days after
discovery of the emergency. Grantee will comply with all applicable Grantor regulations relating
to such repairs, including the payment of permit or license fees.
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS
5.1 Equal and Uniform Service
Reasonable efforts will be made to provide equal and uniform access, Cable Service and rates to
Subscribers and potential Subscribers within the Franchise Area.
5.2 System Configuration
The Cable System will have the bidirectional communications capacity for subscriber interaction if any,
required for selection or use of Cable Service such as pay-per-view, VOD and other interactive cable
services requiring addressability.
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5.3 Channel Capacity
The Grantee will maintain on its Cable System a minimum capacity of two hundred(200)activated analog
and/or digital Channels. The System will throughout the Franchise term carry reverse signals in the
upstream direction. The system performance, capacity and services offered may be reviewed to assure
the system keeps pace with changes in technology and is at least comparable to other systems in the area.
5.4 Emergency Alert Capability
A. Grantee will provide emergency alert capability in full compliance with applicable FCC
requirements. Grantee will establish procedures to override video and audio on all channels of the
Cable System to provide emergency messages consistent with the FCC's directives.
B. Grantee will allow Grantor to transmit an emergency alert message from locations designated by the
Grantor to all subscribers.
C. In times of emergency,the Grantor will permit only appropriately trained and authorized persons to
operate the EAS equipment and, subject to the limits of the Oregon Tort Claims Act and the Oregon
Constitution,will indemnify and hold harmless the Grantee, its employees, officers and assigns from
any claims arising from Grantor's use of the cable system or the EAS. Additionally, subj ect to limits
of the Oregon Tort Claims Act and the Oregon Constitution, Grantor will defend, indemnify and
hold harmless the Grantee for the negligent actions or gross negligence by Grantor's employees or
agents pursuant to this Section 5.4.
D. In non-emergency situations, only the Grantee is authorized to operate the EAS equipment. Upon
request, the Grantor will be permitted to participate in and/or witness the EAS testing up to twice a
year on a schedule formed in consultation with Grantee. If the test indicates that the EAS is not
performing properly,then Grantee will make any necessary adjustment to the EAS and the EAS will
be retested.
5.5 Standby Power
Grantee will provide standby power generating capacity at the Cable System headend and all hubs and
any fiber optic nodes capable of providing emergency operations for at least forty-eight (48) hours.
Grantee will maintain standby power system supplies, rated at least at two (2) hours duration, throughout
the trunk and distribution networks. In addition, Grantee will have in place throughout the Franchise term,
a plan, and all resources necessary for implementation of the plan, for dealing with outages of more than
two hours. Upon request, Grantee will provide a copy of the plan to the Grantor.
5.6 Cable System
Grantee's Cable System will be able to deliver high quality signals that meet or exceed FCC technical
quality standards regardless of any particular manner in which the signal is transmitted.
5.7 Parental Control Lock
Grantee will provide Subscribers (by sale, lease or otherwise), upon request, with a manual or electronic
parental control locking device or digital code that permits inhibiting the viewing of any channel,
consistent with applicable regulations. Any charge for such device will be consistent with applicable rate
regulations. Subscribers will be notified by Grantee of the availability of the locking device no less
frequently than annually.
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5.8 Technical Standards
Grantee will meet all the requirements of The Federal Communications Commission (FCC) Rules and
Regulations, Part 76, Subpart K.
5.9 Performance Testing
Grantee will perform all system tests required by the FCC, and all other tests reasonably necessary for the
Grantor to easily, to determine compliance with technical standards required by this Franchise.
Upon request, Grantee will advise Grantor of schedules and methods for testing the Cable System on a
regular basis to determine compliance with the provisions of this Agreement and applicable FCC technical
standards. Written records of all system test results performed by or for the Grantee will be maintained
and copies of written test will be made available to Grantor upon request, at no cost to Grantor. Tests may
be witnessed by representatives of Grantor.
The Grantor may conduct independent tests of the system for which the Grantee will give its fullest
cooperation. If one or more of the locations tested fail to meet the performance standards, the Grantee
will be required to indicate what corrective measures have been taken, and the entire test will be repeated
at the locations which failed, and at least five (5) additional randomly chosen locations. If results of a
second test indicate failure of the system to meet the technical performance requirements of this Franchise,
then the Grantor may apply such remedies as it deems appropriate,unless the circumstances of the failure
are caused by conditions which are beyond the Grantee's control, as determined, acknowledged and
verified by the Grantor.
5.10 FCC Compliance
It is the responsibility of the Grantee to document that the system and its operation are in compliance with
FCC technical specifications and performance requirements. If the Grantor has received subscriber
complaints regarding the performance of the Cable System, and the Grantor determines that the most
efficient or only reasonable way to determine a question of System compliance with FCC technical
specifications is through a specific testing of the system in addition to test required by the FCC; Grantee
will, upon written notice by the Grantor,perform such testing at a reasonable time, and Grantee will give
the Grantor an opportunity to witness the testing and provide the Grantor with documentation of the testing
results. The FCC's technical standards will govern the protocols for all such testing.
In any case where the system testing reveals non-compliance with FCC standards, the Grantee will repair
the system or make whatever modifications are required and necessary to bring the system performance
into compliance with FCC standards within sixty (60) days.
6. SERVICES AND PROGRAMMING
6.1 Programming Categories
To the extent Grantor has regulatory authority under federal law, the Grantee will provide video
programming services in at least the following broad categories:
1. News & Information
2. Sports
3. General Entertainment
4. Arts, Culture, Performing Arts
5. Children/Family
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6. Science
7. Travel Information
8. Weather Information
9. Governmental and Educational Programming
10. Movies
11. Religious Programming
12. Foreign language/Ethnic Programming
The identification of these broad categories of programming in no way infers regulatory authority by the
Grantor over specific programming services or networks which may be carried on the Cable System,
except for PEG Access programming, as further described herein.
6.2 Changes in Video Programming Services
Subject to the provision of the Cable Act, no category of services as referred to in Section 6.1 may be
deleted, or so limited as to be effectively deleted by the Grantee without Grantor approval, which will not
be unreasonably withheld. In the event any applicable law or regulation materially alters the terms and
conditions under which Grantee carries programming within the broad programming categories described
in Section 6.1, then the Grantee will be obligated to carry such programming.
6.3 Leased Channel Service
The Grantee will offer leased channel service to the extent required by 47 U.S.C. Section 532 (Section
612 of the Cable Act), or regulations adopted thereunder.
6.4 Obscenity
The Grantee agrees that it will not transmit over the Cable System programming, which is obscene or
otherwise unprotected by applicable law, provided, however, Grantee will in no way be responsible for
programming over which it has no editorial control, including but not limited to, Public, Educational and
Governmental Access programming.
6.5 Public, Educational and Government Programming
A. Channels
The Grantor and Grantee agree that the Grantor is not operating a PEG channel at the time this franchise
is executed. It is further agreed that the obligations in Section 6.5 are contingent upon Grantor's decision
to initiate a PEG channel with all wireline cable providers.
L Upon one hundred twenty (120) days advance written notice by Grantor, Grantee will provide to
the Grantor, for independent administration by the Grantor or its Designated Access Provider
(DAP) throughout the term of the Franchise, one (1) PEG Access Channel to be cablecast
throughout the Franchise Area.
11. In the event Grantor request the activation of the one(1)or more PEG Access Channel as set forth
in this subsection, Grantor will identify three certain origination sites, from which Access
Programing may originate and be transmitted therefrom to Grantee's headend. The costs to
construct a connection for such transmission will be paid by the Grantor and Grantor may use
PEG Supports funds for such purposes.
B. Triggers for Additional Access Channels
L After the initial Access Channel has been made available for PEG Access use, Grantee will, if
directed by the Grantor, provide an additional activated Access Channel for PEG use to a
maximum total of two Access Channels as required in this subsection. The Grantor will give
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Grantee at least 120 days prior written notice of the required additional Access Channels. Such
written notice will include information verifying that the trigger criteria have been met.
11. The one(1) additional Access Channel will be made available to the Grantor at such time that the
existing Access Channels is in use for locally scheduled video programming (not to include
character- generated programming, non-video transmissions, or repetitions of programs beyond
three(3)repetitions an average of 80% of the time, seven days per week for any consecutive five-
hour block during the hours from 10:00 a.m. to 10:00 p.m. for 10 consecutive weeks. Provided,
however, that if the usage ratio of any additionally designated channel should at any time fall
below 30% of the level of usage required above for the addition of a channel,then the use of that
channel will revert back to the Grantee, upon 120 days' after Grantee's notice to Grantor.
III. Grantee will make PEG Access Channel(s) available to all Subscribers without any additional or
extra costs to subscribers. Grantee may deliver such PEG Channels in a digital format,at Grantee's
sole and absolute discretion. The Access Channels must be receivable by Subscribers without
special expense, other than the expense required to receive Basic Service. Designated Access
Providers have no obligation to provide a signal to Grantee in a digital format.
IV. The Grantee will provide all PEG Channels on the Basic Service tier throughout the life of the
Franchise, consistent with the requirements of federal law. If there is no Basic Service tier,
Grantee will provide the PEG Channels at no additional charge to any Person who subscribes to
the lowest general level of cable video programming service and otherwise in accordance with
federal and state law. If channels are selected through a menu system that is under the control of
Grantee, the PEG Channels will be displayed in the same manner as other channels. Grantor or
its Designated Access Provider will be responsible for the costs associated with specific program
listings for the PEG Channels on Cable System program guides and menus.
V. Grantor may, at its sole cost and expense, deliver the PEG Channels to Grantee in video-on-
demand (VOD) format. Grantor is responsible for all costs and expenses to encode and deliver
such VOD programming. If Grantor delivers VOD programming to Grantee, Grantee will have
the right, but not the obligation, to deliver the VOD programming to Subscribers receiving the
PEG Channels.
VI. If Grantee modifies its Cable System in a manner that has the effect of requiring modifications to
PEG facilities and equipment, in order to deliver PEG signals, Grantee will bear any cost that the
Designated Access Providers must incur as a result, subject to applicable law. If, for example,
Grantee requires high-definition signals, Grantee will bear the costs any Designated Access
Providers incur to provide high-definition signals.
C. Support for Access Costs
L At any time during the term of this Franchise once Grantee's cable system is operational, within
one hundred twenty (120) days of written notice from the Grantor per Section 6.5.A.1, Grantee
will pay a PEG Support fee in the amount of fifteen cents, ($0.15)per subscriber per month,which
funds will be used in accordance with applicable federal law. Nothing in this Section 6.5 will be
viewed as a waiver of Grantor's rights to use the funds provided for any lawful purpose permitted
under applicable federal law. Grantee will make such payments in conjunction with and at the
same frequency as franchise fees.
a. PEG support payments to the Grantor will be accompanied by such information allowing the
Grantor to easily verify compliance with this Section, including monthly subscriber numbers, and
if needed or requested any such information Grantor reasonably deems required to verify
compliance. Grantee will provide information to the Grantor within 30 (thirty) days without any
cost to Grantor.
b. Both parties agree that Support for Access Costs is a material provision and subject to the terms
specified in Section 3.5.13.
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II. Both parties agree that the PEG Access fee and the Additional Financial Support for PEG
Access, if allowed by law, may be passed through to Subscribers. However, Grantee will not
reduce or alter payments to the Grantor based on passed through amounts or amounts collected
from subscribers. Payments will be calculated on the number of subscribers multiplied by the
amount per subscriber, without reduction or off-set of any kind.
III. If at any time after twelve (12) months of the PEG fee being paid to Grantor, the Grantor fails
to operate the PEG Access Channel, Grantee may, after providing at least one hundred twenty
(120) days written notice to Grantor, discontinue the PEG Access fee unless the Grantor
operates the PEG Access channel within the one hundred twenty (120) day notice period.
IV. Grantor agrees that the sections of any network infrastructure developed using PEG support
funds that are used to transport PEG programming shall be readily identifiable, for their
exclusive use for internal, institutional purposes only and shall not be made available to any
other public or private entity.
V. Should Grantee continue to provide Cable Services after the expiration of this Franchise and
Grantor has activated a PEG channel, Grantee will continue to provide support of PEG Access
as detailed in this Section 6.5.
D. Additional Financial Support for PEG Access
The commitments outlined in sections I-II below will be contingent upon Grantor's decision to initiate
PEG Channel(s) with all wireline cable providers in the community and Grantee's cable system is
operational. If that happens, then Grantor will provide Grantee with written notice of its intent to
activate PEG channel(s), consistent with the terms of this Franchise Agreement. Once that occurs,
Grantee will pay the below obligations no later than One Hundred Twenty (120) days from the time
of notice by Grantor.
After the Grantor has established the operation of a PEG access channel, if the Grantor fails to
provision six (6) months of continuous broadcasting of the PEG Access channel, Grantee may
discontinue paying all Support in this Subsection D upon One hundred twenty (120) days written
notice.
L Grantee will pay a one-time fee in the amount of Twenty Thousand Dollars ($20,000.00) to
contribute towards legally allowable PEG costs.
II. Grantee will pay a quarterly fee in the amount of two thousand two hundred fifty dollars
($2,250) per quarter. The payments will be remitted on the same schedule and subject to the
same conditions as the franchise fees. Grantor's access channel(s) will air sponsorship
announcements over the Access channel(s). Sponsorship announcements will not be produced
or edited by Grantor. However, the announcements must be approved by Grantor and will
conform to the FCC rules and regulations for noncommercial use.
III. Grantee will pay its pro rata share of studio/office space for any PEG Access Provider(s) as
long as such space is not located within building owned by Grantee. Such cost(s)will be equally
shared among all wireline cable providers.
E. Access Support not Franchise Fees
So long as PEG support funds are used in a manner consistent with applicable federal law,the Grantee
agrees that financial support for Access arising from or relating to the obligations set forth in Section
6.5 will in no way modify or otherwise affect the Grantee's obligations to pay Franchise fees to the
Grantor. Unless allowed under federal law, the Grantee agrees that although the sum of Franchise
fees and the payments set forth in this Section may total more than five percent(5%) of the Grantee's
Gross Revenues in any twelve (12) month period, the additional PEG support commitments in this
Section 6.5, will not be offset or otherwise credited in any way against Franchise fee payments under
this Franchise Agreement.
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F. Change in Technology
L In the event Grantee makes any changes in the Cable System and related equipment and
facilities or in Grantee's signal delivery technology, which directly or indirectly affects the
signal quality or transmission of Access Programing, Grantee will, at Grantee's sole expense
take necessary technical steps or provide necessary equipment at its facilities to ensure that the
capabilities of Access Providers or Access Programmers are not diminished, or adversity
affected by such change. Grantor or its Designated Access providers will be responsible for
acquisition of necessary equipment at their respective facilities.
11. In accordance with this Section 6.5, the Grantee, in the event of connecting PEG for Grantor,
will be required to provide connections as described herein to its headend wherever the headend
may be located or relocated. Without limiting the foregoing, in the event Grantee alters its Cable
System (including by relocating its headend), Grantee will be responsible for replacing or
restoring all connections at Grantee's sole cost consistent with applicable law so that all the
functions and capacity remain available, operate reliably, and satisfy all applicable technical
standards without additional cost to the Grantor or Designated Access
G. Technical Quality
L Grantee will maintain all upstream and downstream Access Channels and interconnections of
Access Channels at the same or better level of technical quality and reliability provided for its
Residential Network and required by this Franchise and all other applicable laws, rules, and
regulations for Residential Subscriber Channels.
11. Grantee will have no responsibility for the technical production quality of the Access
Programing distributed on the Access Channels.
III. The Grantee will not cause any Programming other than emergency alert signals to override
Access Programming on any Access Channel, except by specific written permission from the
Grantor, its Designated Access provider or other duly appointed designee.
6.6 Complimentary Cable Service to Public Buildings/Schools
The Parties agree that at the effective date of this agreement Grantee will not have service available to
residential, commercial, schools, or government agencies; due to the time needed for Grantee to build out
its cable system. Consequently, the Parties agree that complimentary cable service accounts are not an
immediate condition of the franchise agreement.
A. The Parties agree that when Grantee's Cable system is operational, and if allowed by applicable law,
Grantee will provide, at no cost to Grantor: One (1) outlet of basic and digital economy tier (or its
functional equivalent) programming and any equipment necessary to receive such services, to each
and every public use building, as designated by Grantor, including all Emergency Operation Centers,
Libraries and Public Schools, passed by Grantee's system. Those portions of buildings that house
prison and/or jail populations will be excluded from receiving complimentary services.
B. Grantee and Grantor agree that should Grantee, as provided for by applicable law,be allowed to deduct
the value of such services from franchise fees, or Grantor can pay for services:
L Grantee will give Grantor one hundred twenty (120)days' notice of its intent to off-set franchise
fees by the value of such services. Grantor may opt to keep services and accept the off-set,pay
for the services, or cancel services.
11. Grantee and Grantor agree that services will be valued at the lowest rate available. For
illustration and not limitation the lowest rate could be the bulk rate, municipal price, or other.
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The Parties agree that the FCC's regulations regarding complimentary services are currently under
review. Should this review, or other action result in a change to federal law, both parties agree to abide
by federal law.
7. FRANCHISE REGULATION AND CUSTOMER SERVICE STANDARDS
7.1 Intent
It is the intent of the Grantor to administer and enforce the provisions of this Franchise. Grantor may
lawfully delegate all or a part of its administrative and regulatory authority under this Franchise to an
agency designated by the Grantor.
7.2 Areas of Regulation and Administration
The Grantor (or its designee) has authority for regulation in the following areas:
A. Administering and enforcing the provisions of this Franchise Agreement, including the adoption of
administrative rules and regulations to carry out this responsibility.
B. Coordination of the operation of Public, Educational and Government Access Channels (PEG).
C. Interfacing the Grantee's technical, programming and operational assistance and support to public
agency users, such as City departments, Schools and health care institutions.
D. Formulating and recommending long-range cable communications policy of Grantor for the City.
E. Disbursing and utilizing franchise revenues paid to the Grantor.
F. Regulating rates, to the extent permitted by law.
G. Customer service, to the extent permitted by law.
H. Planning and facilitating development of public, education and government access programming,
both within the City and through interconnection with adjacent systems.
L All other areas as provided by the Cable Act
Nothing in this Section 7.2 is intended or will be interpreted to expand Grantee's scope of authority
authorized by state and federal law.
7.3 Administration and Regulation
A. Authority. Grantor is vested with the power and right to regulate the exercise of the privileges
permitted by this Agreement in the public interest, or to delegate that power and right, or any part
thereof, to the extent permitted under state and local law, to any agent, in its sole discretion.
B. Rates and Charges. All of Grantee's rates and charges related to or regarding Cable Service will be
subject to regulation by Grantor to the full extent authorized by applicable federal, state and local
laws.
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C. Rate Discrimination. All of Grantee's rate and charges will be published (in the form of a publicly
available rate card) and will be nondiscriminatory as to all Persons and organizations of similar
classes, under similar circumstances and conditions. Grantee will apply its rates in accordance with
governing law, without regard to race, color, familial, ethnic or national origin, religion, age, sex,
sexual orientation, martial, military status or physical or mental disability, or geographic location in
the Franchise Area to the extent required by applicable law.
D. Rate Discrimination Prohibited. Grantee will apply non-discriminatory rates and charges to all
Subscribers purchasing similar services, regardless of race, color, creed, sex, marital or economic
status, age,national origin, or sexual preference, except as otherwise provided herein;provided that
nothing in this Franchise will prevent the Grantee from establishing discounted rates and charges for
low-income Subscribers or elderly Subscribers, or from temporarily reducing or waiving rates and
charges in connection with promotional campaigns.
E. Filing of Rates and Charges. Throughout the term of this Agreement, Grantee will maintain on file
with Grantor a complete schedule of applicable rates and charges for Cable Services provided under
this Agreement.
F. The provisions of this Section 7.3 will be subject to the provisions of 47 U.S.C. Section 543 (Section
623 of the Cable Act), as amended from time to time. It is not intended that this Section expand or
diminish the rights of the Grantor and Grantee in relation to regulation of rates and charges under
those provisions of the Act, and any provision of this Section or of any other provision of this
Franchise that purports to expand or diminish such rights will be deemed superseded by those
provisions of the Act.
7.4 Remedies for Franchise Violations/Revocation
A. Authority.
L If the Grantor believes that the Grantee has failed to preform any obligation under this Franchise or
has failed to perform in a timely manner, and Grantor wishes to impose damages as afforded under
applicable law or seek revocation under Section 7, Grantor will notify Grantee in writing, stating
with reasonable specificity the nature of the alleged violation. Grantee will have a Cure Period
following receipt of such notice to:
a. Response to the Grantor, contesting Grantor's assertion that a violation has occurred and request
a hearing in accordance with Section 7.4.D;
b. Cure the violation; or
c. Notify the Grantor, in writing that Grantee cannot cure the violation within the Cure Period due
to the nature of the violation and notify the Grantor, in writing what steps the Grantee will take
to cure the violation including to Grantee's projected completion date for such cure. In such
case, the Grantor will within 30 (thirty) days of receipt of such response either:
i. Accept Grantee's plan and schedule for curing the violation; or
ii. Set a hearing in accordance with 7.4.13.
The Cure Period, for purposes of Section 7, will be thirty (30) days, unless Grantor specifies a longer
cure period, and except that in cases of emergency, or repeat violation within any 3 (three) month
period, the Grantor may set a reasonable shorter Cure Period.
If a Grantee fails to demonstrate to the reasonable satisfaction of Grantor that no violation exists, or if
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Grantee fails to correct the violation within the time prescribed, or if a Grantee is unable to correct the
violation and fails to commence corrective action within the time prescribed and to diligently remedy
such violation thereafter, the Grantee will then be given written notice of not less than thirty (30) days
of a public hearing to be held before the City Council, pursuant to Section 7A.E. of this Franchise.
Said notice will indicate with reasonable specificity the violation alleged to have occurred.
B. Plan for Cure. In the event that the Grantee notifies the Grantor that it cannot cure the violation within
the Cure Period and proposes a plan and schedule cure for which is not acceptable by the Grantor,
Grantor may, within 30 (thirty) days of Grantee's receipt of such notice, set a hearing before the City
Council. At the hearing, Grantor will review and determine whether the Grantee has taken reasonable
steps to cure the violation and whether the Grantee's proposed plan and completion date for cure are
reasonable. In the event such plan and completion date are determined by mutual consent to be
reasonable, the same may be approved by Grantor, who may waive all or part of the applicable
damages for such extended cure period in accordance with the criteria set forth in 7.4.F.
C. Imposition of Applicable Damages. In the event that the Grantee fails to cure the violation within the
Cure Period, or within an extended cure period approved by the Grantor pursuant to 7.4.13,the Grantor
may impose applicable damages or revoke this Franchise in accordance with the Section 7, but may
do so only in accordance with the requirements of this Section, only after it holds a hearing before
City Council to determine what damages, if any, or revocation, will be applied. Any such applicable
damages will not begin to accrue until after the initial Cure Period has expired.
D. Contest of Violation. In the event that the Grantee contests the Grantor's assertion that a violation has
occurred and request a hearing in accordance with Section 7A.A.1 above,the Grantor will set a hearing
within sixty(60)days of the Grantor's receipt of the hearing request to determine whether the violation
has occurred, and if a violation is found to have occurred, what remedies under this Section 7, will be
applied.
E. Opportunity to Be Heard. In the case of any hearing pursuant to this Section 7.4, Grantor will notify
Grantee of the hearing is writing at least thirty (30) days prior to the hearing date. At the hearing,
Grantee will be provided an opportunity to be heard, examine Grantor's witnesses, and to present
evidence in its defense. The Grantor may also hear any other Person interested in the subject and may
provide additional hearing procedures as Grantor deems appropriate. After the hearing is closed,
Grantor will issue writing findings and a decision based on the evidence presented.
F. Nature of Remedies. If after the hearing, Grantor determines that a violation exists, Grantor may use
one or more of the following remedies:
L Order Grantee to correct or remedy the violation with a reasonable time frames as Grantor will
determine;
11. Revoke this Franchise, subjectto Sections 7.4 and 11.1;
III. Pursue and other legal or equitable remedy available under this Franchise or other applicable law.
Nothing contained in this Section 7.4 will be deemed to prevent either party from appealing the decision
to a higher court.
7.5 Remedies Not Exclusive
Except as provided in Section 7.4, Grantor has the right to apply any one or any combination of the
remedies provided for in this Franchise, including without limitation all remedies provided for in this
Section 7, and may without limitation pursue any rights, remedies or actions that it may have in law or
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equity regardless of whether they are specifically mentioned in this Franchise.
7.6 Customer Service Standards
Grantee will comply with all applicable customer service standards established in the Cable Act or federal
rules and regulations, including but not limited to FCC Rules and Regulations, Part 76, Subpart H and
Subpart T, and Grantor has the authority to enforce such standards. Nothing in this Section will limit the
rights of the Grantor to establish additional or different standards in accordance with federal law and
regulations.
7.7 Customer Service and Telephone Responsiveness
A. Customer Service and Telephone Availability
L Grantee will maintain a store within 20 (twenty) miles of the City limits. The office must be
staffed 40 hours per week, and Grantee will be able to respond to subscribers and the public
not less than 40 hours per week during normal business hours,plus at least 8 weekend or
evening hours.
a. During the hours the office is open, Grantee's staff will be able to respond in at least, but
not limited to
i. Accept payments (in cash, by check, or card),
ii. Exchange or accept returned equipment, and
iii. Respond to inquires.
II. Grantee will maintain a toll-free number to receive all calls and inquiries from Subscribers in
the Franchise Area and/or residents regarding Cable Service. Grantee representatives trained
and qualified to answer questions related to Cable Service in the Service Area must be available
to receive reports of Service Interruptions twenty-four(24)hours a day, seven(7)days a week,
and such representatives will be available to receive all other inquiries at least forty-five (45)
hours per week including at least one night per week and/or some weekend hours. Grantee
representatives will identify themselves by name when answering this number.
III. Grantee may use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU")
to distribute calls. If a foreign language routing option is provided, and the Subscriber does not
enter an option, the menu will default to the first tier menu of English options.
IV. Under Normal Operating Conditions, as described in 7.7. II, calls received by the Grantee will
be answered within thirty (30)seconds during Normal Business Hours. The Grantee will meet
this standard for ninety percent(90%)of the calls it receives at call centers receiving calls from
Franchise Area Subscribers, as measured on a cumulative Quarterly calendar basis.
Measurement of this standard will include all calls received by the Grantee at all call centers
receiving calls from Subscribers, whether they are answered by a live representative, by an
automated attendant, or abandoned after thirty (30) seconds of call waiting. If the call needs
to be transferred, transfer time will not exceed thirty (30) seconds.
V. Under Normal Operating Conditions, callers to the Grantee will receive a busy signal no more
than three (3%)percent of the time during any calendar Quarter.
VI. Upon written request during a given calendar Quarter, forty-five (45) days following the end
of each Quarter, the Grantee will report to Grantor, the following for all call centers receiving
calls from Subscribers except for temporary telephone numbers setup for national promotions:
a. Percentage of calls answered within thirty (30) seconds as set forth in 7.7.IV; and
b. Percentage of time Subscribers received a busy signal when calling the Grantee's service
center as set forth in Section 7.7.V.
VII. At the Grantee's option,the measurements and reporting above may be changed from calendar
quarters to billing or accounting quarters one time during the term of this Agreement. Grantee
will notify Grantor of such a change not less than thirty (30) days in advance.
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B. Installations and Service Appointments
L All installations will be in accordance with FCC rules,including but not limited to, appropriate
grounding/bonding, connection of equipment to ensure reception of Cable Service, and the
provision of required consumer information and literature to adequately inform the Subscriber
in the utilization of Grantee-supplied equipment and Cable Service.
11. The Standard Installation will be performed within seven (7) business days of Subscriber
request. Grantee will meet this standard for ninety-five percent (95%) of the Standard
Installations it performs, as measured on a calendar quarter basis, excluding those requested
by the Subscriber outside of the seven (7) day period.
III. Upon written request during a given calendar Quarter, Grantee will provide Grantor with a
report noting the percentage of Standard Installations completed within the seven (7) day
period, excluding those requested outside of the seven(7)day period by the Subscriber for that
quarter. Subject to consumer privacy requirements,underlying activity will be made available
to Grantor for review upon reasonable request.
IV. At Grantee's option, the measurements and reporting above may be changed from calendar
quarters to billing or accounting quarters one time during the term of this Agreement. Grantee
will notify Grantor of such a change not less than thirty (30) days in advance.
V. Grantee will offer Subscribers "appointment window" alternatives for arrival to perform
installations, Service Calls and other activities of a maximum four (4) hours scheduled time
block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is
deemed appropriate to begin earlier by location exception. At Grantee's discretion, Grantee
may offer Subscribers appointment arrival times other than these four(4) hour time blocks, if
agreeable to the Subscriber.
VI. Grantee must provide for the pick up or drop off of equipment free of charge in one of the
following manners: (i)by having a Grantee representative go to the Subscriber's residence, (ii)
by using a pre-paid mailer. If requested by a mobility-limited Subscriber, the Grantee will
arrange for pickup and/or replacement of converters or other Grantee equipment at
Subscriber's address, at no cost to Subscriber, or by a satisfactory equivalent.
C. Service Interruptions and Outages
Grantee will promptly notify Grantor of any Significant Outage of the Cable Service.
L Grantee will exercise commercially reasonable efforts to limit any Significant Outage for the
purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency
or other situation necessitating a more expedited or alternative notification procedure, Grantee
may schedule a Significant Outage for a period of more than four(4)hours during any twenty-
four(24)hour period only after Grantor and each affected Subscriber in the Service Area have
been given at least 3 (three) days prior notice of the proposed Significant Outage.
Notwithstanding the foregoing, Grantee may perform modifications, repairs and upgrades to
the System preferably between 12:01 a.m. and 6 a.m., so as to minimize service disruption to
Customers.
11. Grantee representatives who are capable of responding to Service Interruptions must be
available to Respond twenty-four(24) hours a day, seven (7) days a week.
III. Under Normal Operating Conditions, Grantee must Respond to a call from a Subscriber
regarding a Service Interruption or other service problems within the following time frames:
a. Within twenty-four(24) hours, including weekends, of receiving Subscriber calls about
Service Interruptions in the Service Area.
b. Grantee must begin actions to correct all other Cable Service problems the next business
day after notification by the Subscriber or Grantor of a Cable Service problem.
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IV. Under Normal Operating Conditions, Grantee will complete Service Calls within seventy-two
(72) hours of the time Grantee commences to Respond to the Service Interruption, not
including weekends and situations where the Subscriber is not reasonably available for a
Service Call to correct the Service Interruption within the seventy-two (72) hour period.
V. Grantee will meet the standard in this Section for ninety percent(90%) of the Service Calls it
completes, as measured on a Quarterly basis.
VI. Upon written request during a given calendar Quarter, Grantee will provide Grantor with a
report within forty-five (45) days following the end of each calendar quarter, noting the
percentage of Service Calls completed within the seventy-two (72) hour period, not including
Service Calls where the Subscriber was reasonably unavailable for a Service Call within the
seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy
requirements,underlying activity will be made available to Grantor for review upon reasonable
request.
VII. Under Normal Operating Conditions, Grantee will provide a credit upon Subscriber request
when all Channels received by that Subscriber experience the loss of picture or sound for a
period of four (4) consecutive hours or more. The credit will equal, at a minimum, a
proportionate amount of the affected Subscriber(s) current monthly bill_ In order to qualify for
the credit, the Subscriber must promptly report the problem and allow Grantee to verify the
problem if requested by Grantee. If Subscriber availability is required for repair, a credit will
not be provided for such time, if any, that the Subscriber is not reasonably available.
VIII. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming
Cable Services for more than twenty-four(24) consecutive hours, Grantee will automatically
issue a credit to the affected Subscribers in the amount equal to their monthly recurring charges
for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in
the amount equal to the charge for the basic plus enhanced basic level of service for the
proportionate time the Cable Service was out, whichever is technically feasible or, if both are
technically feasible, as determined by Grantee, provided such determination is non-
discriminatory. Such credit will be reflected on Subscriber billing statements within the next
available billing cycle following the outage.
D. Subscriber Complaints Referred by Grantor
Under Normal Operating Conditions, Grantee will begin investigating Subscriber complaints
referred by Grantor within twenty-four(24) hours. Grantee will notify Grantor of those matters that
require more than seventy-two (72)hours to resolve,but Grantee must make all necessary efforts to
resolve those complaints within ten(10)business days of the initial complaint. Grantor may require
Grantee to provide reasonable documentation to substantiate the request for additional time to
resolve the problem. Grantee will inform Grantor in writing, which may be by an electronic mail
message, of how and when referred complaints have been resolved within a reasonable time after
resolution. For purposes of this Section, "resolve" means that Grantee will perform those actions,
which, in the normal course of business, are necessary to investigate the Subscriber's complaint and
advise the Subscriber of the results of that investigation.
E. Billing
L Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related
equipment charges. Bills will clearly delineate activity during the billing period, including optional
charges,rebates, credits, and aggregate late charges. Grantee will without limitation as to additional
line items,be allowed to itemize as separate line items, Franchise fees,taxes,PEG fees, and/or other
governmental-imposed fees. Grantee will maintain records of the date and place of mailing of bills.
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Grantee will provide an example of subscribers' invoice, to Grantor with quarterly franchise fee
payments. Confidential information may be redacted.
II. Grantee will provide a telephone number and address clearly and prominently on the bill for
Subscribers to contact Grantee.
III. Grantee will provide a copy of any rate-related or customer service-related billing inserts or other
mailings related to Cable Service, but not promotional materials, sent to Subscribers, to Grantor.
F. Deposits, Refunds and Credits
L Under Normal Operating Conditions, refund checks to subscribers will be issued within the next
available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment
return and final bill payment).
II. Under Normal Operating Conditions, Credits for Cable Service will be issued no later than the
Subscriber's next available billing cycle. Such approval and processing will not be unreasonably
delayed.
III. Bills will be considered paid when appropriate payment is received by Grantee or its authorized
representative. Appropriate time considerations will be included in Grantee's collection procedures
to assure that payments due have been received before late notices or termination notices are sent.
a. If subscribers accidentally remit a payment to Grantor, Grantor will notify Grantee and forward
payment to Grantee. If such notice is received by Grantor before the due date, such payment will
be considered on time.
G. Rates, Fees and Charges
L Grantee will not,except to the extent expressly permitted by law,impose any fee or charge for Service
Calls to a Subscriber's premises to perform any repair or maintenance work related to Grantee
equipment necessary to receive Cable Service, except where such problem is caused by a negligent
or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber
reconnects Grantee equipment incorrectly) or by the failure of the Subscriber to take reasonable
precautions to protect Grantee's equipment(for example, a dog chew).
II. Grantee will provide reasonable notice to Subscribers of the possible assessment of a late fee on bills
or by separate notice. Such late fees are subject to ORS 646.649.
H. Disconnection/Denial of Service
L Cable Service terminated in error must be restored without charge within twenty-four (24) hours of
notice. If a Subscriber was billed for the period during which Cable Service was terminated in error,
a credit will be automatically issued to the Subscriber.
II. Nothing in these standards will limit the right of Grantee to deny Cable Service for non-payment of
previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service,
damage to Grantee's equipment, abusive and/or threatening behavior toward Grantee's employees or
representatives, or refusal to provide credit history information or refusal to allow Grantee to validate
the identity, credit history and credit worthiness via an external credit agency.
III. Charges for Cable Service will be discontinued at the time of the requested termination of service by
the Subscriber, except equipment charges may be applied until equipment has been returned. No
period of notice prior to requested termination of service can be required of Subscribers by Grantee.
No charge will be imposed upon the Subscriber for or related to total disconnection of Cable Service
or for any Cable Service delivered after the effective date of the disconnect request unless there is a
delay in returning Grantee equipment or early termination charges apply pursuant to the Subscriber's
service contract. If the Subscriber fails to specify an effective date for disconnection, the Subscriber
will not be responsible for Cable Services received after the day following the date the disconnect
request is received by Grantee. For purposes of this subsection, the term "disconnect" will include
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Subscribers who elect to cease receiving Cable Service from Grantee and to receive Cable Service or
other multi-channel video service from another Person or entity.
IV. If by reason of force majeure the Grantee is unable to provide service to the subscriber, or the
subscriber is unable to utilize wireline cable services, charges for such services will be discontinued
at the time of the force majeure event.
I. Communications with Subscribers
L Grantee will comply with federal regulations including, but not limited to:
a. 47 C.F.R. §76.952(a). Providing Grantor's information to Subscribers
b. 47 U.S.C. §551. Privacy rights of Subscribers.
II. Grantee will provide information to all Subscribers about each of the following items at the time of
installation of Cable Services, annually to all Subscribers or in hard copy format to Grantor, at any
time upon request, and, subject to this Section, at least thirty (30) days prior to making significant
changes in the information required by this Section if within the control of Grantee:
a. Products and Cable Service offered;
b. Prices and options for Cable Services and condition of subscription to Cable Services. Prices
will include those for Cable Service options, equipment rentals,program guides, installation,
downgrades, late fees and other fees charged by Grantee related to Cable Service;
C. Installation and maintenance policies including, when applicable, information regarding the
Subscriber's in-home wiring rights during the period Cable Service is being provided;
d. Channel positions of Cable Services offered on the Cable System;
e. Complaint procedures, including the name, address, and telephone number of Grantor, but
with a notice advising the Subscriber to initially contact Grantee about all complaints and
questions;
f. Procedures for requesting Cable Service credit;
g. The availability of a parental control device;
h. Grantee practices and procedures for protecting against invasion of privacy; and
i. The address and telephone number of Grantee's office to which complaints may be reported.
III. All Grantee personnel, contractors and subcontractors contacting Subscribers or potential
Subscribers outside the office of Grantee will wear a clearly visible identification card bearing their
name and photograph. Grantee will make reasonable efforts to account for all identification cards
at all times. Every service vehicle of Grantee and its contractors or subcontractors will be clearly
identified as such to the public. Specifically, Grantee vehicles will have Grantee's logo plainly
visible. The vehicles of those contractors and subcontractors working for Grantee will have the
contractor's/subcontractor's name plus markings(such as a magnetic door sign)indicating they are
under contract to Grantee.
IV. All notices identified in this Section to subscribers will be by either:
a. A separate document included with a billing statement or included on the portion of the
monthly bill that is to be retained by the Subscriber; or
b. A separate electronic notification.
III. Grantee will provide reasonable notice to Subscribers and Grantor of any pricing changes or
additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing,
any changes in Cable Services, including Channel line-ups. Such notice must be given to
Subscribers a minimum of thirty (30) days in advance of such changes if within the control of
Grantee. If the change is not within Grantee's control, Grantee will provide an explanation to
Grantor of the reason and expected length of delay. Grantee will provide a copy of the notice to
Grantor including how and where the notice was given to Subscribers.
VIII. Notices of changes in rates will indicate the Cable Service new rates and old rates, if applicable.
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IX. Notices of changes of Cable Services and/or Channel locations will include a description of the new
Cable Service, the specific Channel location, and the hours of operation of the Cable Service if the
Cable Service is only offered on a part-time basis. In addition, should the Channel location, hours
of operation, or existence of other Cable Services be affected by the introduction of a new Cable
Service, such information must be included in the notice.
X. Every notice of termination of Cable Service will include the following information:
a. The name and address of the Subscriber whose account is delinquent;
b. The amount of the delinquency for all services billed;
C. The date by which payment is required in order to avoid termination of Cable Service; and
d. The telephone number for Grantee where the Subscriber can receive additional information
about their account and discuss the pending termination.
8. GENERAL FINANCIAL AND INSURANCE PROVISIONS
8.1 Compensation
A. Franchise Fee.
As compensation for the Franchise to be granted, and in consideration of permission to use the Streets
and Public Ways of the Grantor for the construction, operation, and maintenance of a Cable System
providing Cable services,within the Franchise Area and to defray the costs of Franchise regulation,the
Grantee will pay to Grantor an amount equal to five percent(5%) of Gross Revenues. In the event any
law or valid rule or regulation applicable to this Franchise limits franchise fees below or above the five
percent (5%) of Gross Revenues required herein, the Grantee agrees to and will pay the maximum
permissible amount and, if such law or valid rule or regulation is later repealed or amended to limit a
higher or lower permissible amount, then Grantee will pay the higher or lower amount up to the
maximum allowable by law.
Grantor and Grantee agree that the sum of Franchise fee and additional commitment set forth elsewhere
in this Franchise may total more than five percent(5%) of Grantee's Gross Revenue in any twelve(12)
month period. If allowed under Federal Law and with written 60 (sixty) day notice to Grantor, Grantee
may offset or deduct the amount allowed by law from Grantee's payment of franchise fees. Grantee's
notice to Grantor will provide Grantor detailed and specific information on amounts claimed as credits
or offsets.
Within thirty (30) days of a request from Grantor, Grantee will make available an up-to-date list of all
Affiliates receiving Gross Revenues as such revenues are defined in this Franchise.
B. Bundling
If Cable Services subject to the Franchise fee required under this Franchise are provided to Subscribers
in conjunction with non-Cable Services, Grantee will not allocate revenue between Cable Services and
non-Cable Services for the purpose or with the intent of evading or substantially reducing Grantee's
Franchise fee obligations to Grantor.
C. Payment of Franchise Fees
L Payments due under this Section will be computed and paid quarterly, for the preceding quarter,
as of March 31, June 30, September 30, and December 31. Each quarterly payment will be due
and payable no later than thirty (30) days after the dates listed in the previous sentence. At the
time of quarterly payment, the Grantee will submit a report to the Grantor, verified by an officer
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of Grantee, which will contain an accurate statement of all Gross Revenues related to operation
of the cable system franchised hereunder, in sufficient detail to enable the Grantor to verify the
accuracy of franchise fee payments. Grantee will provide additional information request by
Grantor within 15 days, if so requested by Grantor, at no cost to Grantor.
11. No acceptance of any payment will be construed as accord that the amount paid is in fact the
correct amount, nor will such acceptance of payment be construed as a release of any claim
Grantor may have for further or additional sums payable under the provisions of this Franchise.
All amounts paid will be subject to audit and re-computation by Grantor.
III. Payments received after the due date specified in this section 8.LC will be subject to Penalties
and Interest as specified in Woodburn's Utility Service Ordinance, section 14, heretofore or
hereafter amended.
IV. Payment of the franchise fees under this Agreement will not exempt Grantee from the payment
of any generally applicable license,permit fee or other generally applicable fee, tax or charge on
the business, occupation, property or income of Grantee in connection with the operation of the
Cable System that may be imposed by Grantor.
8.2 Faithful Performance Bond
A. Within sixty (60) days after the Effective Date of this Franchise, the Grantee will furnish proof of
the posting of a faithful performance bond running to the Grantor, with good and sufficient surety
approved by the Grantor in the penal sum of Three hundred and fifty thousand dollars($350,000.00),
conditioned that the Grantee will well and truly observe,fulfill, and perform each term and condition
of this Franchise. Such bond will be in a form acceptable to the Grantor and maintained by the
Grantee throughout the term of this Franchise.
B. Grantee will pay all premiums charged for any bond required under Section 8.2(A), and unless the
Grantor specifically directs otherwise,will keep the same in full force and effect at all times through
the later of either:
L The remaining term of this Franchise; or
11. If required by the Grantor,the removal of all of Grantee's system installed in Grantor's Streets
and Public Ways.
C. The bond will contain a provision that it will not be terminated or otherwise allowed to expire
without thirty (30) days written notice first given to the Grantor. The bond will be subject to the
approval of the Grantor as to its adequacy under the requirements of Section 8.2. During the term
of the bond, Grantee will file with the Grantor a duplicate copy of the bond along with written
evidence of payment of the required premiums unless the bond otherwise provides that the bond will
not expire or be terminated without thirty (30) days prior written notice to the Grantor.
D. In a form approved by the Grantor,the Grantee may provide an irrevocable letter of credit, guaranty
in lieu of bond, or other form of financial assurance in lieu of a faithful performance bond. The
alternative form of financial assurance will give the Grantor substantially the same rights and
guarantees provided by a faithful performance bond.
8.3 Damages and Defense
A. The Grantee agrees and covenants to defend, indemnify and hold harmless the Grantor, and its
officers, agents, employees and representatives, from and against any and all claims, damages, loss,
liability, cost or expense, including expert witness and other consultants, court and appeal costs and
32
penalties, including but not limited to attorney fees or expenses, including without limitation,
copyright infringement, defamation and all other damages, arising out of any reason of any
construction, excavation, operation, maintenance, reconstruction or any other act done by the
Grantee within the Franchise Area, whether or not any act or omission complained of is authorized,
allowed, or prohibited by this Franchise, except to the extent such claims, damages and penalties are
caused by the negligent or grossly negligent acts or omissions of the Grantor, its officers, agents and
employees. Grantor will give Grantee prompt written notice of any claim which Grantee will defend
with counsel of its own choosing and no settlements or compromise of any such claim will be done
without the prior written approval of the Grantor. Grantee will consult and cooperate with the
Grantor while conduction its defense of the Grantor and the Grantor will fully cooperate with
Grantee and Grantee's counsel. Nothing in this Section 8.3 will be deemed to limit the Grantors
option to hire its own counsel.
B. If the Grantee fails to defend as required in Section 8.3(A), then the Grantee agrees to and will pay
all expenses incurred by Grantor, and its officers, agents, employees, and representatives, in
defending itself with regard to all claims,damages and penalties mentioned in Section 8.3(A). These
expenses will include all out-of-pocket expenses, such as attorney fees,witness fees and costs at trial
and appeal, and will also include the value of any services rendered by any employees or contractors
of the Grantor.
8.4 Liability Insurance and Indemnification
A. The Grantee will maintain automobile and Worker's Compensation insurance, as well as public
liability and property damage insurance,that protects the Grantee and the Grantor, its officers, agents
and employees, from any and all claims for damages or personal injury including death, demands,
actions and suits brought against any of them arising from operations under this Franchise or in
connection therewith, as follows.
B. The insurance will provide coverage at all times for not less than $2,000,000 for personal injury to
each person, $2,000,000 aggregate for each occurrence, and $1,000,000 for each occurrence
involving property damages,plus costs of defense: or a single limit policy of not less than$2,000,000
covering all claims per occurrence, plus costs of defense. The insurance will be equal to or better
than commercial general liability insurance.
The minimum amounts of insurance set out in subsection(B)of this Section will be subj ect to change
from time to time to the extent necessary to provide coverage at least as great as the limits on the
City's liability under the Oregon Tort Claims Act.
The evidence of coverage for Workers' Compensation will show that it includes State of Oregon
Statutory Limits, and Employer's Liability limits of at least $2,000,000.
Any insurance carrier will have an A.M.Best rating of"A"or better, or a Best Financial Performance
Rating of"T' or better and be authorized to do business in the State of Oregon.
C. The insurance will be without prejudice to coverage otherwise existing and will name as additional
insureds the City and its officers, agents, and employees. Notwithstanding the naming of additional
insureds, the insurance will protect each insured in the same manner as though a separate policy had
been issued to each, but nothing herein will operate to increase the insurer's liability as set forth
elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable
33
if only one person or interest had been named as insured. The coverage must apply as to claims
between insureds on the policy.
D. The insurance will provide that the insurance will not be canceled or materially altered so as to be
out of compliance with the requirements of this Section 8.4 without thirty (30) days written notice
first being given to the City. If the insurance is canceled or materially altered so as to be out of
compliance with the requirements of this Section 8.4 within the term of this Franchise, Grantee will
provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance
coverage, in the amounts required, for the duration of this Franchise.
E. Grantee will maintain on file with the City a certificate of insurance certifying the coverage required
above,which certificate will be subj ect to the approval of the City as to the adequacy of the certificate
and of the insurance certified under the requirements of this Section 8.4.
The certificate will show that the general liability portion of the insurance includes:
L Broad form property damage;
11. Products and completed operations;
HI. Explosion, collapse, and underground exposures;
IV. Contractual liability; and
V. Owners and contractors protective coverage.
F. Failure to maintain adequate insurance as required under this Section 8.4 will be cause for immediate
termination of this Franchise by the City subject to Grantee's right to cure as provided in Section
7.4.
G. The Grantee will also indemnify, defend and hold harmless the Grantor and its officers, agents and
employees for any and all claims for damages or personal injury which exceed the limits of insurance
provided for in this Section arising from operations of the Grantee within the Franchise area.
9. RIGHTS RESERVED TO GRANTOR
9.1 Grantor Acquisition of the Cable System
The parties will be subject to the provisions of 47 U.S.C. 547 (Section 627 of the Cable Act), as amended
from time to time. It is not intended that this Agreement diminish the rights of either the Grantor or the
Grantee under Section 627 of the Act, and any provision of this Agreement that purports to diminish such
rights will be deemed superseded by the Act.
9.2 Right to Perform Franchise Audit or Review
The Grantor will have the right to perform, or cause to have performed, a formal and/or informal audit or
review of the Grantee's books and records and, for the specific purposes of Franchise enforcement effort,
the books and records of any parent or Affiliate company, for the purpose of determining the Gross
Revenues of the Grantee generated in any manner through the operation of the Cable System under this
Franchise and the accuracy of amounts paid as franchise and PEG fees to the Grantor by the Grantee for
the provision of Cable Services within the Franchise Area, provided that any audit must be commenced
not later than three (3)years after the date on which fees for any period being audited were due. The cost
of any such audit will be borne by the Grantor, except that if through the audit it is established that the
Grantee has made underpayment of two percent(2%) or more in fees that are required by this Franchise,
then the Grantee will, within thirty (30) days of being requested to do so by the Grantor, reimburse the
34
Grantor for all expenses of performing the audit, to a maximum of$30,000 (thirty thousand dollars).
Grantee will provide, at Grantee's sole expense any records requested by the Grantor for the purposes of
an audit or review.
Nothing in this Section implies or will be interpreted to limit or waive any rights of the Grantor or its legal
recourse through the courts to obtain records necessary to the enforcement of this franchise.
9.3 Right of Inspection of Construction
The Grantor or its representatives will have the right to inspect all construction or installation work
performed pursuant to the provision of this Franchise Agreement and to make such tests as it will find
necessary to ensure compliance with the terms of this Franchise, other pertinent provisions of law, and
other rules or regulations of the Grantor.
9.4 Intervention
The Grantee will not hinder the Grantor's lawful intervention in any suit or proceeding to which the
Grantee is a party which may have a direct adverse effect upon the construction, upgrade, maintenance or
operation of the Cable System.
9.5 Right to Require Removal of Property
At the expiration of the term for which the Franchise is granted providing no renewal is granted, or upon
its revocation, as provided for herein, and subject to Grantee's rights under Section 626 of the Cable Act,
the Grantor will have the right to require the Grantee to remove, at Grantee's own expense, all or any part
of the Cable System from all Streets and Public Ways within the Franchise Area. If the Grantee fails to
do so within 120 (one hundred twenty) days of Grantor's request, or within a mutually agreed to longer
period of time as agreed to by both parties, then the Grantor may perform the work and collect the cost
thereof from the Grantee. The actual cost thereof, including direct and indirect administrative costs, will
be a lien upon all plant and property of the Grantee effective upon placement in the lien books of the
Grantor. Notwithstanding the other provisions of this section, the Grantee, by written notice to the
Grantor,may request that Grantor allow the Cable System to remain in place. Grantor may deny Grantee's
request and require Grantee to remove the above ground Cable System facilities from the Streets and
Public Ways or modify the Cable System to protect the public health, welfare, safety, and convenience,
or otherwise serve the public interest. The parties agree that Grantee has the right to abandon its
underground cable facilities.
9.6 Inspection of Facilities
Grantor may inspect upon request any of the Grantee's facilities and equipment to confirm compliance
with this Agreement at any time upon at least twenty-four (24) hours' notice, during regular business
hours, or in case of an emergency, upon demand without prior notice.
10. RIGHTS OF INDIVIDUALS PROTECTED
10.1 Discriminatory Practices Prohibited
A. The Grantee will not deny service, deny access, or otherwise unlawfully discriminate against
Subscribers or persons on the basis of race, color, religion, national origin, sexual orientation, sex,
age, disability, income, or, except as otherwise provided herein,the area in which such person lives.
The Grantee will comply at all times with all applicable federal, state, or local laws, rules and
35
regulations relating to nondiscrimination.
B. The Grantee will use best efforts to assure maximum practical availability of Grantee's services and
facilities to all Subscribers, regardless of disability, including the provision of a remote-control
device to those Subscribers who are mobility limited, or where a member of the Subscriber's
household is mobility limited.
C. For hearing impaired customers,the Grantee,upon request,will provide information concerning the
cost and availability of equipment to facilitate the reception of basic service for the hearing impaired.
In addition, the Grantee must have TDD/TTY (or equivalent) equipment at the company office, and
a publicly listed telephone number for such equipment, that will allow hearing impaired customers
to contact the company.
D. Upon request by a Subscriber or potential Subscriber, the Grantee will make a reasonable effort to
provide information required under this franchise, or otherwise provided in the normal course of
business, in both English and the primary language of the requestor.
E. Nothing in this subsection 10.1 will be construed to prohibit: 1)the temporary reduction or waiving
of rates and charges in conjunction with promotional campaigns; or 2) Grantee from offering
reasonable discounts to senior citizens or discounts to economically disadvantaged residents.
10.2 Unauthorized Monitoring or Cable Tapping Prohibited
The Grantee will not,nor will Grantee allow any other person, agency, or entity to Tap, or arrange for the
Tapping, of any cable, line, signal input device, or Subscriber outlet or receiver for any purpose
whatsoever, without the Subscriber's written consent or a valid court order or a valid request from a law
enforcement agency permitting the Tapping.
Grantee may Tap a cable, line, Signal input device or Subscriber outlet or receiver to 1) determine the
number of viewers watching a program where the identities of the viewers are not determined; 2)perform
Cable System maintenance and verify technical performance; and 3)identify theft of services,without the
Subscriber's written consent.
10.3 Privacy and Other Rights
The Grantee and the Grantor will maintain constant vigilance with regard to possible abuses of the right
of privacy and any other civil right of any Subscriber or Person resulting from any device or signal
associated with Cable Service. The Grantee will not utilize two-way communication capability of the
Cable System for unauthorized or illegal Subscriber surveillance of any kind.
10.4 Permission of Property Owner Required
No cable, line, wire, amplifier, converter, or other piece of equipment owned by the Grantee will be
installed by the Grantee without first securing the written permission of the owner or tenant of any property
involved except where there is an existing utility easement or other easement reserved by plat or other
conveyance. If such permission or easement is later lawfully revoked, whether by the original or a
subsequent owner or tenant or Grantor, the Grantee will remove forthwith on request of the owner or
tenant any of its equipment and promptly restore the property to its original condition. The Grantee will
perform all installations and removals in a workmanlike manner and will be responsible for any damage
to residences or other property caused by the installation.
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10.5 Sale of Subscriber Lists and Personalized Data Prohibited
The Grantee is be subject to 47 U.S.0 Section 551 (Section 631 of the Cable Act), as amended from time
to time, regarding limitations on the cable company's collection and use of personally identifiable
information, and other issues involving the protection of Subscriber privacy.
11. TERMINATION AND EXPIRATION
11.1 Grantor's Rights in Lieu of Revocation
The Grantor may, at its sole discretion, take any lawful action which it deems appropriate to enforce the
Grantor's rights under the Franchise in lieu of revocation of the Franchise.
The parties agree that the limitation of Grantor liability set forth in 47 U.S.C. § 555a, as may be amended,
is applicable to this Agreement.
11.2 Expiration
Upon expiration of this Franchise, the parties will abide by the renewal provisions of the Cable Act, as
amended from time to time.
11.3 Continuity of Service Mandatory
It will be the right of all Subscribers to receive all available services insofar as their financial and other
obligations to the Grantee are honored. In the event that the Grantee elects to rebuild, modify, or sell the
Cable System the Grantee will make its best effort to ensure that all Subscribers receive continuous
uninterrupted service.
12. OPERATION AND MAINTENANCE
12.1 Open Books and Records
The Grantor will have the right as necessary or desirable for effectively administering and enforcing the
Franchise, to inspect at any time upon reasonable notice all records of the Grantee which relate to the
operation of the Cable System, provision of Cable Service, or the Grantee's performance under this
Franchise. Access to such records will be maintained or made available at no cost to the Grantor within
the Franchise Area during normal business hours if maintained locally, or, if not available locally,
provided within ten (10) days of notice from the Grantor requesting such records at an agreed upon
location within the Franchise Area. Access to the aforementioned records will not be denied by the
Grantee to representatives of the Grantor on the basis that said records contain"proprietary information,"
nor on the basis that they contain trade secrets. To the extent allowed under Oregon law, the Grantor will
protect proprietary information including trade secrets of the Grantee from disclosure.
The Grantee will also provide, upon request and reasonable notice, in the manner set forth in this Section
the following information: (a) for the specific purpose of a bona fide audit or enforcement effort being
conducted by the Grantor, the true and entire cost of construction, upgrade and replacement of plant and
equipment for the cable system authorized under this franchise;the true and entire cost of the maintenance,
administration and operation of the cable system, including any operations or revenue generated from the
cable system by any parent company or affiliate within the Franchise Area indicated or implicated as direct
or indirect revenue to the Grantee from the provision of Cable Services within the Franchise Area; and (b)
the amount collected by the Grantee from Subscribers of Cable Services of the Grantee's Cable System
37
under this Franchise and other information necessary to verify compliance with this Franchise or other
ordinances of the Grantor.
Within 45 (forty-five) days of written request, Grantee will provide to Grantor, at no cost to Grantor, any
information that allows Grantor to easily and sufficiently verify compliance with all the requirements of
this Franchise.
12.2 Communication with Regulatory Agencies
A list and copies of all material written petitions, applications, communications, and reports submitted by
the Grantee, and also by any Affiliate, to the Federal Communications Commission, Securities and
Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction
in respect to any matters affecting Cable Services or the Cable System in the Franchise Area pursuant to
this Franchise Agreement, will be submitted to the Grantor upon request. In addition, copies of any
communications to and from any regulatory agency pertaining to any alleged, apparent or acknowledged
violation of an applicable rule or law of the agency related to or affecting Cable Services or the Cable
System within the Franchise Area, will be immediately submitted to the Grantor, if the communications
are to or from the Grantee, or upon written request from the Grantor if the communications are to or from
an Affiliate.
12.3 Reports
A. Quarterly Reports. Upon written request by the Grantor,within thirty (30)days after the end of each
fiscal quarter, Grantee will provide outage reports, summary statistics on patterns of complaints or
service problems, and other customer service information, provided that such information may be
reasonably generated by the Grantee. Grantee will not be required to maintain any reports,regarding
this section 12.3 (A), for a period longer than 24 months.
B. Annual Report. No later than ninety (90) days following the end of the Grantee's fiscal year each
year, Grantee will present, upon request, a written report to the Grantor which will include:
L Financial reports that are normally prepared for the Grantee for the previous calendar year,
including gross revenues from all sources, gross Subscriber revenues from each category of
service, as well as an income statement, statement of cash flow, and a balance sheet.
11. A summary of the previous year's activities including, but not limited to, monthly Subscriber
totals in each category and new services.
All financial reports required under this subsection will be presented to the Grantor accompanied by such
notes and explanations as are required or requested by Grantor to fully and easily understand the reports.
Such notes and explanations will include, but not be limited to, an explanation of any and all deductions
made from Gross Revenues for the calculation of franchise fees to be paid to the Grantor.
C. Monitoring and Compliance Reports. Upon request written,the Grantee will provide a written report
of technical performance tests for the Cable System required by applicable FCC rules and regulations
as now or hereinafter constituted. In addition, the Grantee will upon request provide reports of the
test and compliance procedures established by this Franchise Agreement, Grantee will not be
required to maintain any reports, regarding this section 12.3 (C), for a period longer than twenty-
four(24) months.
D. All reports and records required under this or any other Section will be furnished to Grantor at the
sole expense of Grantee.
38
12.4 Safety
A. The Grantee will, at all times, employ the standard of care attendant to the risks involved and will
install and maintain in use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public or to employees of the
Grantor.
B. The Grantee will install and maintain its wires, cable, fixtures, and other equipment, including the
drop to the Subscriber's premise, in accordance with the requirements of the National Electrical
Safety Code, industry standards, and in such manner that they will not interfere with the installations
of any public utility.
C. All lines, equipment and connections in, over, under, and upon either the Streets and Public Ways
of Grantor or private property within boundaries of Grantor,wherever situated or located,will at all
times be kept and maintained in a safe and suitable condition, and in good order and repair.
13. MISCELLANEOUS PROVISIONS
13.1 Compliance with Laws
The Grantee will comply with all federal and state laws and regulations, including regulations, rules and
orders of any administrative agency thereof, as well as all general ordinances, resolutions, rules and
regulations of the Grantor heretofore or hereafter adopted or established during the entire term of this
Franchise. If, any such federal or state laws, rules or regulations; or ordinances, resolutions, rules and
regulations of the Grantor hereafter adopted or established be in conflict or interfere with the existing
rights of the Grantee or Grantor under this Franchise, Grantee and Grantor will work together and find a
mutually acceptable resolution.
13.2 Severability and Preemption
Notwithstanding the provisions of Section 13.7 below, if any section, subsection, sentence, clause,phrase,
term, provision, condition, covenant, or portion of this Franchise Agreement is for any reason held to be
invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal
legislation, rules, regulations or decision, the remainder of this Franchise will not be affected thereby but
will be deemed as a separate, distinct and independent provision, and such holding will not affect the
validity of the remaining portions hereof,and each remaining section, subsection, sentence, clause,phrase,
provision, condition, covenant and portion of this Franchise will be valid and enforceable to the fullest
extent permitted by law.
If any material provision of this Franchise is for any reason held invalid or unenforceable by any court of
competent jurisdiction, or superseded by state or federal law, rules, regulations or decision so that the
intent of these provisions is frustrated, the parties agree to immediately negotiate replacement provisions
to fulfill the purpose and intent of the superseded provisions consistent with applicable law.
In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability
of a provision of this Franchise,then the provision will be read to be preempted only to the extent and for
the time required by law. In the event such federal or state law,rule or regulation is subsequently repealed,
rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer
preempted, such provision will thereupon return to full force and effect, and will thereafter be binding on
the parties hereto, without the requirement of further action on the part of the City, and any amendments
39
to this Franchise negotiated pursuant to this Section as a result of such provision being preempted will no
longer be of any force or effect.
13.3 Captions
The captions to Sections throughout this Franchise Agreement are intended solely to facilitate reading and
reference to the Sections and provisions contained herein. Such captions will not affect the meaning or
interpretation of this Franchise Agreement.
13.4 No Recourse Against the Grantor
Grantee's recourse against the City of Woodburn,its officers, agents and employees,for any claim arising
from any provision or requirement of this Franchise, will be limited as prescribed by applicable laws,
rules and regulations as in effect from time to time including without limitation the restrictions set forth
in 47 USC & 555a, the Local Government Antitrust Immunity Act and sovereign immunity. Except as
provided under applicable law, the Grantee will have no recourse whatsoever against the Grantor or its
officials, boards, commissions, or employees for any loss, costs, expense, or damage arising out of any
provision or requirement contained herein, or in the event this Franchise Agreement or any part thereof is
determined to be invalid.
13.5 Nonenforcement by Grantor
The Grantee will not be relieved of its obligations to comply with any of the provisions of this Franchise
Agreement by reason of any failure of the Grantor to enforce prompt compliance.
13.6 Force Majeure
If by reason of force maj eure the Grantee is unable in whole or in part to carry out its obligations hereunder,
the Grantee will not be deemed in violation or default during the continuance of such inability. The term
"force majeure" as used herein will include the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies; orders of the government of the United States of America, or of the
State of Oregon, or their departments, agencies, political subdivisions, or officials; acts of any civil or
military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes;
volcanic activity; storms; floods; washouts; droughts; restraint of government and people; civil
disturbances; explosions; partial or entire failure of utilities; documented work delays caused by waiting
for utility providers to service or monitor utility poles to which Grantee's facilities are attached and
documented unavailability of materials and/or qualified labor to perform the work necessary; and similar
occurrences outside the control of the Grantee. The Grantee agrees, however, to give its best efforts to
remedy as soon as possible,under the circumstances,the cause or causes preventing Grantee from carrying
out its responsibilities and duties under this Franchise Agreement.
13.7 Entire Agreement
This Franchise Agreement contains the entire agreement between the parties, supersedes all prior
agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by
an instrument in writing executed by the parties.
13.8 Consent
Wherever the consent or approval of either the Grantee or the Grantor is specifically required in this
Agreement, such consent or approval will not be unreasonably withheld.
13.9 Notices and Time Limit for Grantee Communications
Grantee will provide any written communication required by this Franchise within thirty (30) days of
being requested to do so by the Grantor, in each case in which no other specific minimum time limit for a
40
communication is identified in the Franchise.
13.10 Consistency of Franchise with Cable Act
The parties intend and believe that all of the provisions hereof are consistent with and permitted by the
Cable Act.
13.11 Notice
Any notice provided for under this Franchise will be sufficient if in writing and delivered personally to
the following addressee or deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed as follows, or to such address as the receiving party specifies in writing:
If to the City: City of Woodburn
Attn: ROW Manager
270 Montgomery St.
Woodburn, OR 97222
If to the Grantee: Comcast of Oregon, I, Inc.
Attn: Government Affairs
11309 SW 681h Parkway
Tigard, OR 97223
13.12 Public Disclosure
Subject to the Oregon Public Records Law,whenever pursuant to this Franchise Agreement, Grantee will
make available for inspection by the Grantor or submit to the Grantor reports containing information
considered confidential and/or proprietary by the Grantee, the Grantor will not disclose or release such
reports or information to the public without Grantee's written consent, provided that each page of such
report or information is clearly marked as confidential and/or proprietary.
13.13 Time is of the Essence
Whenever this Agreement sets forth a time for any act to be performed by Grantee,such time will be deemed
to be of the essence.
13.14 Reservation of Rights
Notwithstanding any provision to the contrary, the parties reserve any and all rights at law or in equity
regarding any enforcement proceeding or other matters hereunder.
IN WITNESS WHEREOF, the City has executed this Agreement on the date set forth below and Grantee will
execute this Agreement by submission of the executed Acceptance required in Section 3.7.
CONSIDERED and APPROVED this day of 2020.
CITY OF WOODBURN
By:
Title:
41
EXHIBIT A: ACCEPTANCE
ROW Manager
City of Woodburn
This is to advise the City of Woodburn, Oregon (the "Grantor") that Comcast of Oregon I, Inc. (the "Grantee")
hereby accepts the terms and provisions of Ordinance No. passed by the City Council on
(the "Franchise") granting a Franchise for five (5) years to Grantee. The Grantee agrees to abide by each and
every term of the Franchise.
By executing and returning this acceptance form, the Grantee also attests that there are no parent corporations of
Grantee apart from Comcast of Oregon I, Inc.
COMCAST OF OREGON I, INC.
BY:
TITLE:
DATE:
42
Overview
CoininecUing Oregon & SW WasKuingtoin counIun)Unluffue t o what iniatter's inlost,
we work with over 55 community-based organizations throughout the region and provided
$2.7M+ in 2020 with cash and in-kind support to help our neighbors thrive. Many efforts are
focused on digital inclusion.
AffordabI le Mglh peed Iuinterinet°f r elVluglullWe applVlucaint : customers may qualify for Internet
Internet>> Essentials (IE) if they are eligible for public assistance programs such as the National
essentials School Lunch Program, Housing Assistance, Medicaid, SNAP, SSI, and others. In addition,
FROM t:<},VCA. , through our Internet Essentials Partnership Program, we partner with school districts and
nonprofit organizations to help cover the cost of IE for households.
Addresses un M III auPrP' ers of Iuinterinet adopffon: provides affordable home Internet at
$9.95/month+ taxes, low-cost computer option $149.99+ taxes, and digital literacy training.
LIFTf'inhainc d ul w'lu center's h 1ping students get inlVune saf&ly and effecfve . partnering
ZONIE with nonprofit partners and city leaders to help students get online, participate in distance
FROMCOMCA$'r learning, and do schoolwork.
III OC in lI l Ili LI luine e : helping strengthen Black, Indigenous and People of Color
F'K�"
(BIPOC)-owned small businesses hit hard by COVID-19 and social unrest.
COMCAST
LIIVfl- ear, awards: consulting, media and creative production services from Effectv, or
RISE technology upgrades and support from Comcast Business, and monetary grants from
the RISE Investment Fund.
Graints acrossthe regluon- providing $400,000+ in grants to predominantly support
'I11 digital inclusion efforts with local organizations. 2020 recipients included Boys & Girls
COMCAST Clubs, ChickTech, Adelante Mujeres, Native American Youth & Family Center, Self
FOUNDATION
Enhancement, Inc., Urban League of Portland, and Hacienda CDC.
`OMCAS9i NKUN'vFRSAL atc cuing g[fts f r einiplV a ee d ina, a an : providing dollar-for-dollar matching gifts on
M XT,-II 14 NI t;,�,�
GIFT PROGRAPO eligible donations made by employees year-round.
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• HD Video with multiple levels of offerings
• X1 Box W/ the Emmy Award Winning Voice Remote
• Free Peacock Streaming Service W/Broadband
• FLEX Broadband Offering — Provides platform for Netflix, Hulu, Prime
Video, YouTube and other streaming Services.
• Broadband Speeds up to 2 Gig (2000 Mbps)
• Additional Residential Services: Landline Phone; Xfinity Home
Security & Smart Home; Xfinity Moble
Cc.) ['T'K'Alst Bush"iess P- rc-,)duclts & Services
• Small Business Products: Business Internet; Comcast Security Edge;
WiFi Pro; Connection Pro; Voice Products; X1 for Business; Smart
Office.
• Mid-Market Products: Comcast Business Ethernet Dedicated
Internet(Up to 100 GBps); Business Ethernet Services; Comcast
Business Voice; X1 for Hospitality; Manager Router and Firewall
Services; SDWAN Services; Comcast Business at Home.