HomeMy WebLinkAboutResolution 05-28 05/16/2005
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RESOLUTION 05-~
A RESOLUTION FIXING FEES FOR THE PLACEMENT UNDERGROUND OF NON-
UTILITY FACILITIES WITHIN THE PUBLIC WAYS UF THE CITY OF
SPRINGFIELD
WHEREAS, the Springfield Municipal Code regulates the placement of facilities in the Public
Ways of the City of Springfield; and
WHEREAS, public utilities, municipal utilities and telecommunications providers ("utilities") place
facilities. in the public ways of the City, both underground and above ground, in order to provide
services to the citizens of Springfield; and
WHEREAS, utilities, other than mimicipal utilities, are subject to taxation for the privilege of doing
business within the City of Springfield, or for using facilities placed in the city of Springfield; and
WHEREAS, utilities may also be parties to franchises and public way use agreements which
regulate their use of the public ways and impose fees for such use; and
WHEREAS, the placement of such facilities by utilities provides a benefit to all of the citizens of
the City; and
WHEREAS, other entities may, from time to time, seek to place facilities in the public ways for the
purpose of conducting their business; and
WHEREAS, the City manager has prepared and submitted a report recommending that such entities
be allowed to place facilities underground under certain terms and conditions, and upon the payment
of certain fees, and has provided other information and materials in support of such recommendation;
and
WHEREAS, the Council has considered the report and information provided by the City Manager,
and is fully informed about the issue;
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Springfield
finds and determines that it is in the public interest to permit the underground placement pf non-
utility facilities within the public ways of the City upon such terms and conditions as the City
Manager shall determine to be in the best interest of the City and set forth in a Public Way Use
Agreement allowing such placement; and
BE IT FURTHER RESOLVED, that the Council hereby finds and determines that in the event
non-utility facilities are placed underground in conduits other than those owned and maintained by
the City, then such placement shall be subordinate to the interests of any utility placements in the
Attachment B, Page 1 of 2
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vicinity in the event of needs for relocation of any or all facilities: and
BE IT FURTHER RESOLVED, that the annual fee for rental of City conduit for the placement
of non~utility facilities shall be fixed at not less than $4.00 per linear foot per year; and
BE IT FURTHER RESOLVED, that the annual fee for placement of non-utility facilities
underground in the public ways, other than in City owned conduit shall be not less than $5.00 per
linear foot for facilities occupying a conduit of 4 inches in diameter or less; and
BE IT FURTHER RESOLVED, in the event that conduit greater than 4 inches in diameter is
placed for such non-utility facilities, in addition to all other fees there shall be imposed an annual
fee of $1 per linear foot for each inch of diameter in excess of 4 inches; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the Council
and approval by the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of ~ for
and ~ against, this 16th day of May ,2005.
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ATTEST:
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City Recorder _
REVIEWED & APPROVED
AS TO FORM
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DATE: ~ III loS-
OFFICE OF CITY ATTORNEY
Attachment B, Page 2 of2