HomeMy WebLinkAboutOrdinance 5629 04/20/1992
ORDINANCE NO. 5629
(SPECIAL)
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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:
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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.
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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
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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.
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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.
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Ordinance No. 5629
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APPROVED by the Mayor of the City of springfield this
20th day of Aori 1 , 1992.
Wlf:~Z!!~
ATTEST:
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EILEEN STEIN, City Recorder
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