HomeMy WebLinkAboutOrdinance 6270 07/05/2011ORDINANCE NO. 6270
(General)
AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE, SECTIONS 4.600
"DEFINITIONS" "UTILITY" AND 4.706 "FEE FOR USE OF PUBLIC WAYS" AND ADOPTING A
SEVERABILITY CLAUSE.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, Section 4.600 "Definitions" of "Utility" and Section 4.706 need to be revised
in order to provide that all utilities owned and operated by the City of Springfield except a
municipal utility as defined in ORS 757.005(1), such as Springfield Utility Board, shall pay to the
City of Springfield a utility fee fixed by resolution of the Council.
WHEREAS, Section 4.706 requires clarification to assure that the fee required by Section
4.706(1)(a) applies to all persons not parties to a franchise or public use agreement and using
facilities whether owned by the user or by another occupying the public ways for delivery of
utility service.
NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
SECTION 1: SECTION 4.600 "DEFINITIONS" OF "UTILITY" is hereby amended to read as
follows:
"Utility. Any public utility as defined in ORS 757.005(1), excluding a municipal utility, any
telecommunications utility as defined in ORS 759.005(1), any telecommunications carrier,
telecommunications provider or other entity providing telecommunications, electricity, heating
services, or stormwater or wastewater collection."
SECTION 2: SECTION 4.706 "FEE FOR USE OF PUBLIC WAYS" is hereby amended to
read as follows:
"(1) (a) All persons not parties to a franchise or public way use agreement and
using facilities, whether owned by the user or by another, occupying the public ways for
delivery of utility service shall pay to the City of Springfield a utility fee in the amount of five
percent of gross revenues, as herein defined, subject to limitations in other state or federal
laws.
(b) All persons not parties to a franchise or public way use agreement and
occupying the public ways for placement of utility facilities but not providing utility service
within the City shall pay a fee, in an amount fixed by resolution of the council for each foot or
portion thereof occupied, subject to limitations in other state or federal laws.
(c) All utilities owned and operated by the City of Springfield, except a
municipal utility as defined in ORS 757.005(1), shall pay to the City of Springfield a utility fee
fixed by resolution of the Council.
(2) This fee shall be in addition, and not in.lieu of, any fees or charges provided
under this Municipal Code.
(3) Unless otherwise agreed, such fee shall be paid quarterly on or before the 45th
day following the end of the calendar quarter."
SECTION 3: SEVERABILITY CLAUSE. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and individual
provision and such holding shall not affect the validity of the remaining portion hereof.
. ADOPTED by the Common Council of the City of Springfield by a vote of 4 for and 0
against, this 5th day of July 12011.
APPROVED by the Mayor of the City of Springfield, this 5th day of July , 2011.
ATTEST:
Mayor
City Recor r
REVIEWED APPROVED
AS TO FORM
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DATE: s 141-11 ,
OFFICE OF CI ATTORNEY
ORDINANCE NO. 6270