The purpose and intent of this chapter is to:
A. Permit
and manage reasonable access to the rights-of-way of the City for
utility purposes and conserve the limited physical capacity of those
rights-of-way held in trust by the City consistent with applicable
State and Federal law;
B. Assure
that the City's current and ongoing costs of granting and regulating
access to and the use of the rights-of-way are fully compensated by
the persons seeking such access and causing such costs;
C. Secure
fair and reasonable compensation to the City and its residents for
permitting use of the rights-of-way;
D. Assure
that all utility companies, persons and other entities owning or operating
facilities and/or providing services within the City comply with the
ordinances, rules and regulations of the City;
E. Assure
that the City can continue to fairly and responsibly protect the public
health, safety and welfare of its citizens;
F. Encourage
the provision of advanced and competitive utility services on the
widest possible basis to businesses and residents of the City; and
G. Comply
with applicable provisions of State and Federal law.
(Ord. 1168-A § 1, 2012)
For the purpose of this chapter the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The words "shall" and "will" are mandatory and "may" is permissive.
"Cable service"
is to be defined consistent with Federal laws and means the
one-way transmission to subscribers of: (1) video programming; or
(2) other programming service; and subscriber interaction, if any,
which is required for the selection or use of such video programming
or other programming service.
"City facilities"
mean City owned or operated structures or equipment located
within the right-of-way or public easement used for governmental purposes.
"Communications services"
mean any services provided for the purpose of transmission
of information including, but not limited to, voice, video, or data,
without regard to the transmission protocol employed, whether or not
the transmission medium is owned by the provider itself and whether
or not the transmission medium is wireline. "Communications service"
includes all forms of telephone services and voice, video, data or
information transport, but does not include: (1) cable service; (2)
open video system service, as defined in 47 C.F.R. 76; (3) private
communications system services provided without using the public rights-of-way;
(4) over-the-air radio or television broadcasting to the public-at-large
from facilities licensed by the Federal Communications Commission
or any successor thereto; and (5) direct-to-home satellite service
within the meaning of Section 602 of the Telecommunications Act.
"License"
means the authorization granted by the City to a utility
operator pursuant to this chapter.
"Permittee"
means any person to whom the City has issued a valid permit pursuant to Section
12.32.050 and includes any person who is subject to the permit requirement of Section
12.32.050 regardless of whether or not such person applied for or obtained the required permit. For work performed on behalf of a utility operator, "permittee" shall include the utility operator in addition to the person to whom the City issued the permit.
"Private communications system"
means a system, including the construction, maintenance or
operation of the system, for the provision of a service or any portion
of a service which is owned or operated exclusively by a person for
their use and not for resale, directly or indirectly. "Private communications
system" includes services provided by the State of Oregon pursuant
to ORS 190.240 and 283.140.
"Public utility easement"
means the space in, upon, above, along, across, over or under
an easement for the constructing, reconstructing, operating, maintaining,
inspecting, and repairing of utilities facilities. This definition
applies only to easements the City has authority to manage or authority
to grant utility operators licenses to occupy and use for utility
facilities. "Public utility easement" does not include an easement
solely for the constructing, reconstructing, operating, maintaining,
inspecting, and repairing of City facilities, or where the proposed
use by the utility operator is inconsistent with the terms of any
easement granted to the City.
"Right-of-way"
means and includes, but is not limited to, the space in,
upon, above, along, across, over or under the public streets, roads,
highways, lanes, courts, ways, alleys, boulevards, bridges, trails,
paths, sidewalks, bicycle lanes, public utility easements and all
other public ways or areas, including the subsurface under and air
space over these areas, but does not include parks, parkland, or other
City property not generally open to the public for travel. This definition
applies only to the extent of the City's right, title, interest and
authority to grant a license to occupy and use such areas for utility
facilities.
"Utility facility" or "facility"
means any physical component of a system, including, but
not limited to, the poles, pipes, mains, conduits, ducts, cables,
wires, transmitters, plant, equipment and other facilities, located
within, under or above the rights-of-way, any portion of which is
used or designed to be used to deliver, transmit or otherwise provide
utility service. "Utility facility" does not include City facilities.
"Utility operator" or "operator"
means any person who owns, places, operates or maintains
a utility facility within the City. The City shall not be considered
a "utility operator" for purposes of this chapter.
"Utility service"
means the provision, by means of utility facilities permanently
located within, under or above the rights-of-way, whether or not such
facilities are owned by the service provider, of electricity, natural
gas, communications services, cable services, water, sewer, and/or
storm sewer to or from customers within the corporate boundaries of
the City, and/or the transmission of any of these services through
the City whether or not customers within the City are served by those
transmissions. "Utility service" does not include City owned or operated
water, sewer and/or storm sewer services.
"Work"
means construction, reconstruction, grading, oiling, repairing,
opening or excavating in or on the right-of-way. "Work" also includes
the construction, demolition, installation, replacement, repair, maintenance
or relocation of any utility facility, including, but not limited
to, any excavation and restoration required in association with such
construction, demolition, installation, replacement, repair, maintenance
or relocation.
(Ord. 1168-A § 1, 2012)
A utility operator may lease capacity on or in its systems to
others, provided that, upon request, the utility operator provides
the City with the name and business address of any lessee. A utility
operator is not required to provide such information if disclosure
is prohibited by applicable law or a valid agreement between the utility
operator and the lessee.
(Ord. 1168-A § 1, 2012)
If the City vacates any right-of-way, or portion thereof, that
a utility operator uses, the utility operator shall, at its own expense,
remove its facilities from the right-of-way unless the City reserves
a public utility easement, which the City shall make a reasonable
effort to do provided that there is no expense to the City, or the
utility operator obtains an easement for its facilities. If the utility
operator fails to remove its facilities within 30 days after a right-of-way
is vacated, or as otherwise directed or agreed to in writing by the
City, the City may remove the facilities at the utility operator's
sole expense. Upon receipt of an invoice from the City, the utility
operator shall reimburse the City for the costs the City incurred
within 30 days.
(Ord. 1168-A § 1, 2012)
Every utility operator shall comply with all Federal and State
laws and regulations, including regulations of any administrative
agency thereof, as well as all applicable ordinances, resolutions,
rules and regulations of the City, heretofore or hereafter adopted
or established during the entire term of any license granted under
this chapter.
(Ord. 1168-A § 1, 2012)
If any person is required by this chapter to provide books,
records, maps or information to the City that the person reasonably
believes to be confidential or proprietary, the City shall take reasonable
steps to protect the confidential or proprietary nature of the books,
records or information, to the extent permitted by Oregon Public Records
Laws, provided that all documents are clearly marked as confidential
by the person at the time of disclosure to the City. The City shall
not be required to incur any costs to protect such document, other
than the City's routine internal procedures for complying with the
Oregon Public Records Law.
(Ord. 1168-A § 1, 2012)
To the extent that this chapter is not in conflict with and
can be implemented consistent with existing franchise agreements,
this chapter shall apply to all existing franchise agreements granted
to utility operators by the City.
(Ord. 1168-A § 1, 2012)