The purpose and intent of this Act is to:
A. 
Establish a local policy concerning when services are performed for other persons for hire or profit for telecommunications, electricity or gas for use of the public rights-of-way;
B. 
Minimize unnecessary local regulation of franchisees and services;
C. 
Permit and manage reasonable access to the public ways of the City for franchise purposes on a competitively neutral basis;
D. 
Conserve the limited physical capacity of the public ways held in public trust by the City;
E. 
Assure that the City's current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid by the persons seeking such access and causing such costs;
F. 
Secure fair and reasonable compensation to the City and the residents of the City for permitting private use of the public ways;
G. 
Assure that all franchisees providing facilities or services within the City comply with the ordinances, rules and regulations of the City;
H. 
Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare;
I. 
Enable the City to discharge its public trust consistent with rapidly evolving Federal and State regulatory policies, industry competition and technological development.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
For the purpose of the Franchise Right-of-Way Act, Sections 7.370 to 7.499, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
Affiliate.
A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
City Property.
Means and includes all real property owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which are not subject to right-of-way licensing and franchising as provided in this Act.
Excess Capacity.
The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional utility facilities.
Overhead Facilities.
Utility poles and utility facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
Public Street.
Any highway, street, alley, path, bikeway or other public right-of-way for motor vehicle, pedestrian, or bicycle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes.
Public Way.
Means and includes all public highway, streets, alleys, utility easements, or other rights-of-way, now or hereafter owned by or under the jurisdiction of the City.
Surplus Space.
That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the PUC, to allow its use by a franchise grantee for a pole attachment.
Telecommunications Service.
The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
Underground Facilities.
Utility facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
Usable Space.
The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Oregon Public Utility Commission.
Utility Easement.
Any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with utility facilities.
Utility Facilities.
The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing services.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Except as otherwise provided herein, any companies who desire to construct, install, operate, maintain or otherwise locate facilities in, under, over or across any public way of the City, and to also provide services that are subject to Article 5 (Franchises Generally) to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City Council pursuant to Article 7.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
The Franchise Right-of-Way Act, Sections 7.370 to 7.499, shall have no effect on any existing franchise ordinance or franchise agreement until the earlier of:
A. 
The expiration of said franchise ordinance or agreement; or
B. 
An amendment to an unexpired franchise Act or franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Act shall be fined not less than $100.00 nor more than $500.00 for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
Nothing in this Act shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Act.
(Ord. 97-21, 1997; Ord. 13-07, 2013)
If any section, subsection, sentence, clause, phrase, or other portion of this Act, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
(Ord. 97-21, 1997; Ord. 13-07, 2013)