Chapter 13.40
C.P. NATIONAL CORPORATION FRANCHISE

Ordinance No. 592

AN ORDINANCE GRANTING TO THE C. P. NATIONAL CORPORATION THE RIGHT AND PRIVILEGE TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN THE CITY OF MYRTLE CREEK, OREGON.

The City Of Myrtle Creek ordains as follows:

SECTION 1. SHORT TITLE

This ordinance shall be known as the C. P. National Telephone Franchise Agreement.

SECTION 2. FRANCHISE GRANTED

There is hereby granted by the City of Myrtle Creek, Oregon, (City) to the C. P. National Corporation (Company) the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, all extensions thereof and additions thereto in the City, poles, wires, cables, underground conduits, manholes and other telephone fixtures necessary or proper for the maintenance and operation in the City of a telephone exchange, and lines connected therewith. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive; and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this franchise. This privilege shall include all rights herein specified within any and all lawful annexations hereafter made to the City.

SECTION 3. TERM OF FRANCHISE

It is acknowledged that Company is currently operating in City under a franchise ordinance, being Ordinance No. 349 of City, which said ordinance terminated on or about July 17, 1990, and it is intended and mutually agreed by City and Company that this ordinance shall supersede said Ordinance No. 349, and said ordinance shall be deemed to have been terminated and no longer of any force and effect from and after the date that this ordinance shall go into full force and effect. This franchise is granted for a period of 20 years from and after the date it becomes effective; provided, however, that this franchise may be terminated at the end of 10 years from and after the effective date hereof, if either the City or Company gives written notice to the other within the 10th year of the franchise term, but not less than 90 days before the end of the 10th year of said franchise term, that it desires that this franchise be so terminated.

SECTION 4. FRANCHISE FEE

As compensation for the right, privilege and franchise hereby granted, the Company shall pay to the City an annual amount equal to 7 per cent of the Company’s gross access line revenues from the operation of the telephones located within the corporate limits of the City of Myrtle Creek and the following dates: March 31, June 30, September 30 and January 31, it being understood that the payments due March 31, June 30 and September 30 may be estimated on the basis of the gross access line revenues for the same period during the preceding calendar year; provided, however, that the payment due January 31 shall be based upon an actual computation of gross access line revenues for the preceding year and shall include any adjustments necessary so that total payments for the preceding calendar year will equal 7 per cent of the actual gross access line revenues. Such 7 per cent payment made by the Company will be accepted by the City also in payment of any license, privilege or occupation tax or fee for revenue or regulation or for any other purpose now or hereafter to be imposed by the City during the term of this franchise.

SECTION 5. LAWS, ORDINANCES AND REGULATIONS

The Company shall, at all times during the life of this franchise, be subject to lawful exercise of the police power by the City and to all laws, ordinances and regulations.

SECTION 6. ACCESS TO RECORDS

The City shall have access at reasonable hours to all of the Company’s plans, contracts and accounts; financial, statistical, customer and service records relating to the property and the operation of the Company in Myrtle Creek; and to all other records required to be kept hereunder. The following records and reports shall be filed with the City Clerk and in the local office of the Company:

1.    Copies of such rules, regulations, terms and conditions adopted by it for the conduct of its business.

2.    An annual summary report showing gross revenues received by the Company from its operations within the City during the preceding year and such other information as the City shall request with respect to properties and expenses related to the Company’s service with the City.

SECTION 7. SALE OR TRANSFER OF RIGHTS

The Company may sell or transfer its plant or system to another and transfer any rights under this franchise to another without prior written City approval. No sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the City Clerk an instrument, duly executed, reciting the fact of such sale or assignment, accepting the terms of the franchise and agreeing to perform all the conditions thereof.

SECTION 8. MAP OF FACILITIES

The Company shall file with the City an accurate map showing the location of its existing facilities within the City, and shall maintain said map in a current condition by showing thereon all facilities which may be installed in the future.

SECTION 9. CLAIMS FOR NEGLIGENCE

It is expressly understood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the Company in the construction, operation or maintenance of its telephone system in the City. The City shall notify the Company’s representative in the City within five days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Company.

SECTION 10. MAINTENANCE OF POLES AND WIRES

The City shall have the free right and privilege to string and maintain wires for its municipal police and fire alarm systems upon the poles and other facilities erected and maintained by the Company hereunder. The City shall string, maintain and operate such wires at its own expense, risk and responsibility, and in accordance with all legal requirements and good engineering practices, and in such manner as not to impose any additional expense upon the Company or interfere with the safe and convenient use by the Company of its poles and facilities. Any such wire of the City shall be subject to interference by the Company only when necessary in the maintenance, operation or repair of the Company’s fixtures, wires and appurtenances. The City, in its use and maintenance of such wires and fixtures, shall at all times comply with the rules and regulations of the Company so that there may be a minimum danger of contact or conflict between the wires and fixtures of the Company and the wires and fixtures used by the City. It is further agreed, in order to avoid danger to life and property, that the above privilege is granted on condition that no wires or fixtures of the City shall be placed on poles carrying electric light or power wires without the consent of the Company; nor shall said wires by exposed, without consent of the Company, to the danger of contact with any conductor carrying a voltage greater than the normal telephone voltage.

SECTION 11. LOCATION OF TRANSMISSION AND DISTRIBUTION STRUCTURES

All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. The Company shall not place poles or other fixtures where the same will interfere with any electric light, water hydrant or water main; and all such poles or fixtures, placed in any street, shall be placed at the outer edge of the sidewalk and inside the curb line; and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways.

SECTION 12. RESTORATION OF PROPERTY

Whenever Company shall disturb any street, alley, sidewalk, driveway or other City property for any of its purpose, Company shall restore the same to good order and conditions as soon as practicable and without unnecessary delay.

SECTION 13. STREET AND UTILITY IMPROVEMENTS

Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City, upon 15 days written notice, without expense to the City, from sewering, grading (including change of grade), planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares and public highways within the City, in or upon which the poles, wires or other conductors of the Company 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; provided, however, that any expense incurred by the Company arising from the above mentioned changes or improvements shall be borne by the Company. If Company does not make said changes at or before the end of said notice, City may make said changes and Company shall pay all charges therefor.

SECTION 14. BUILDING MOVING PERMITS

The Company shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of the building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given no less than 48 hours’ advance notice to arrange for such temporary wire changes.

SECTION 15. TRIMMING OF TREES

The Company shall have the right and privilege of trimming all trees which overhang the streets in such a manner and to such an extent as will prevent the branches or limbs or other parts of such trees from touching or interfering with its wires, poles and other fixtures and equipment; providing, no such trees are trimmed or cut back farther than may be necessary to prevent such interference and to allow the proper operation and maintenance of said lines, poles and fixtures.

SECTION 16. CITY INSPECTIONS

The City shall have the right to supervise all construction or installation of work performed subject to the provisions of this ordinance and to make such inspection as it shall find necessary to insure compliance with governing ordinances.

SECTION 17. VIOLATIONS

The violation by the said Company, its successors or assigns, of any of the terms or conditions of this ordinance shall be sufficient cause for the City to annul and set aside all privileges herein set forth, mentioned and described, unless said violation is remedied or corrected by said Company within 30 days after written notice by the City to the Company at 229 West Main Street, Medford, Oregon, specifying the existence and nature of such violation. Upon the revocation of this franchise by action of the City, or at the termination thereof, the City may require the Company to cease and desist from further operations within the City pending a determination as to whether or not the franchise will be extended, renewed or terminated.

Passed by the Council and approved by the Mayor August 21, 1990.