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HomeMy WebLinkAboutOrdinance 5629 04/20/1992 ORDINANCE NO. 5629 (SPECIAL) # . AN ORDINANCE GRANTING TO U S WEST COMMUNICATIONS, INCORPORATED, HEREINAFTER ~OMETIMES REFERRED TO AS "GRANTEE", ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO DO A GENERAL COMMUNICATION BUSINESS AND TO PLACE, ERECT, LAY, MAINTAIN AND OPERATE IN, UPON, OVER AND UNDER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES, AND PUBLIC HIGHWAYS, PLACES AND GROUNDS WITHIN THE CITY OF SPRINGFIELD, POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS FOR ALL TELEPHONE AND OTHER COMMUNICATION PURPOSES, REPEALING SPECIAL ORDINANCES 5497 AND 5512, AND DECLARING AN EMERGENCY. THE CITY OF SPRINGFIELD, OREGON ORDAINS AS FOLLOWS: . Section 1: There is hereby granted by the city of Springfield to U S West Communications, Incorporated, its successors and assigns, the right and privilege to do a general communication business' within said City of springfield, place, erect, lay, maintain and operate in, upon, over and under the streets, alleys, avenues, thoroughfares, and public highways, places and grounds within the said city, poles, wires and other appliances and conductors for all telephone and other communications purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground, or at the option of the Grantee, its successors and assigns, may be laid underground, and such other apparatus may be used as may be necessary or proper to operate and maintain the same. Section 2: It shall be lawful for said Grantee, its successors and assigns, to make all needful excavations in any of the streets, alleys, avenues, thoroughfares and public highways, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits for such wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. Section 3: Work allowed under Section 1 and Section 2 shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of springfield. Section 4: Whenever Grantee, its successors and assigns, shall disturb any of the streets for the purpose aforesaid, it or they shall restore the same to good order and condition as soon as practicable without unnecessary delay, and failing to do so the City of springfield, shall have the right to fix a reasonable time within which such repairs and restoration of streets shall be completed, and upon failure of such repairs being made by the Grantee, its successors and assigns, the said City shall cause the repairs to be made at the expense of the Grantee, its successors and assigns. . . . . Ordinance No. 5629 Page 2 of 4 section 5: Nothing in this Ordinance shall be construed in any way to prevent the proper authorities of the City of Springfield from sewering, grading, planking, rocking, paving, repairing, altering, or improving any of the streets, alleys, avenues, thoroughfares and public highways, places and ground within the City of springfield in or upon which the poles, wires or conductors of the Grantee shall be placed, but all such work or improvements shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes, or other apparatus. Grantee shall relocate or remove such facilities when in conflict with City work at no cost to the City. The costs of relocating or removing Grantee's facilities for the convenience of or at the request of a private developer or development shall be borne by such private developer or . development. The City shall not require Grantee to remove or relocate its facilities or vacate any street, alley or other public highway incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving Grantee's right therein or without requiring Grantee to be compensated for the costs thereof. section 6: Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the Grantee to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the City, the Grantee will perform such rearrangement within a reasonable period after written notice from the owner or contractor-mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Engineer for the City, shall detail the route of movement of the building, machinery, or other object, shall provide that the costs incurred by the Grantee in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save the Company harmless of and from any and all damages of claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the facilities of the Grantee, and if required by the Grantee, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Grantee. section 7: In consideration of the rights, privileges, and franchise hereby granted, said Grantee, U S West Communicatiqns, Incorporated, its successors and assigns, shall pay to the City of Springfield from and after May 1, 1992, and until its expiration, quarterly, seven percent (7%) per annum of its gross revenues derived from exchange access services as defined in ORS 401.710 within the corporate limits of the City of Springfield less net uncollectibles. The reasonable value of any Ordinance No. 5629 Page 3 of 4 . utility service or the use of any Grantee facilities used or reserved for use by the City without Grantee's prescribed charges shall be credited toward any payment due the city under this provision. Payment shall be made on or before April 30, July 31, October 31 and January 31 for the calendar quarters immediately preceding, with the exception that in the year 1992 payment shall be made only for the period commencing on May 1 and ending December 31, 1992. with each payment, the Grantee shall furnish a statement setting forth the amount and calculation of payment. The statement shall detail the revenues received by the Grantee from its operation within 'the City and shall specify the nature and amount of all exclusions and deductions from such revenues claimed by the Grantee in calculating the franchise fee. Such payment made by the Grantee will be accepted by the City of springfield from the Grantee, also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit or inspection fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter to be imposed by the City of springfield upon the Grantee during the term of this franchise. . Section 8: The rights, privileges and franchise herein granted shall continue and be in force for the period of twenty (20) years from and after the date this Ordinance becomes effective, except that it is understood and agreed that either party ,may terminate this Agreement after 180 days notice in writing. This Ordinance shall be subject to any and all state or Federal legislative enactments. Section 9: It is hereby found and determined that matters concerning telephone communications and use of public property therefore are matters affecting the public health, safety and welfare and that an emergency exists; therefore this Ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor, and if accepted by Grantee as provided herein, take effect and be in force as of May 1, 1992. Said Grantee shall, within thirty (30) days of t&e passage and approval of this Ordinance, file with the Recorder of the City of Springfield its written acceptance of all the terms and conditions of the Ordinance. section 10: Ordinance No. 5497 (Special) and amending Ordinance No. 5512 (Special) are hereby repealed. ADOPTED by the Common Council of the City of springfield this 20th day of April , 1992, by a vote of 5 for and 0 against. . . . . Ordinance No. 5629 Page 4 of 4 APPROVED by the Mayor of the City of springfield this 20th day of Aori 1 , 1992. Wlf:~Z!!~ ATTEST: /.~ & ' . -{ / (/ tL&J "l-I-u _ EILEEN STEIN, City Recorder .'