HomeMy WebLinkAboutResolution 98-28 05/18/1998
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Resolution
No. 98- 28
A RESOLUTION FIXING FEES AND CHARGES PURSUANT TO THE
TELECOMMUNICATIONS ORDINANCE OF 1998
WHEREAS, the Council finds and determines that regulation of activities within the public ways
of the City of Springfield is necessary and essential to preserve the public right of way for the safe,
efficient and convenient transportation of persons and goods in commerce; and
WHEREAS, pursuant to the Constitution of the State of Oregon and the Charter of the City of
Springfield, the City has the authority to regulate the use of its streets and other municipal property;
and
WHEREAS, it is anticipated that an increasing number of telecommunication carriers and providers
will or have requested the use of public ways for the purposes of telecommunications; and
WHEREAS, in order to ensure reasonable access to public ways for telecommunication carriers or
providers and to protect the public health, safety and welfare, it is necessary and appropriate to enact
regulations and standards for such areas; and
WHEREAS, the Council has considered the Telecommunications Ordinance of 1998, which
provides for the regulation of activities within the public ways and for licensing and regulation of
telecommunications carriers; and
WHEREAS, at a meeting of the Council held on May 18, 1998, the Council did approve the
Telecommunications Ordinance of 1998; and
WHEREAS, on May 18, 1998, the Mayor of the City did give his assent to the Telecommunications
Ordinance of 1998 and said ordinance, by its terms, became effective; and
WHEREAS, certain provisions of the Telecommunications Ordinance of 1998 are codified in the
Springfield Municipal Code; and
WHEREAS, pursuant to sections 3.212, 3.226, 4.702, 4.706 and4.710 of the Springfield Municipal
Code, as amended by the Telecommunications Ordinance of 1998, certain fees are imposed; and
WHEREAS, the fees imposed by sections 3.212,3.226,4.702,4.706 and 4.710 of the Springfield
Municipal Code, are to be set by the Council by Resolution; and
Attachment D, Page 1 of 2
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WHEREAS, the Council has considered the facts and recommendations of staff with respect to the
amount of such fees and is fully informed as to the basis for such recommendations and finds that
they are reasonable and appropriate;
NOW, THEREFORE, BE IT RESOLVED,
1. The fee for an Encroachment Permit as described in Springfield Municipal Code 93.212 is
fixed at $~6; and
2. The fee for a Placement Permit, as described in Springfield Municipal Code 93.226, is fixed
at $200; and
3. The fee for review of a Comprehensive Telecommunications Placement Plan, as described
in Springfield Municipal Code 93.226(5) is fixed at $500; and
4. The application fee for a telecommunications license, including a renewal of an existing
license, as described in Springfield Municipal Code 94.702, is fixed at $1,000, and the non-
refundable portion thereof, as described in Springfield Municipal Code 94.702(3)(a), is fixed at 25
per cent of the application fee; and
5. The fee for compensation for use of the public ways, as described in Springfield Municipal
Code 94.706, is fixed as follows:
for telecommunications providers, including local exchange services, interexchange
services, and open video systems, but excluding cable television carriers regulated
by The Cable Communications Policy Act of 1984, as amended: seven percent of
gross revenue;
for cable television providers regulated by the provlSlons of The Cable
Communications Policy Act of 1984, as amended: five percent of gross revenues;
6. The annual license fee described in Springfield Municipal Code 94.710 is fixed at $500.
Adopted by the Common Council of the City of Springfield, Oregon, this 18th
May , 1998.
day of
Adopted by a vote of ~ for and ~ against.
gj/2f~
Mayor
Attachment D, Page 2 of 2
REVIEWED & APPROVED
A~ I?F~<2\RM j LEA\-\~\
DATE: 5/ \\ \"11,
OFFICE OF CITY ATTORNEY