(1) Except as set out in subsection (2) of this Division, utilities with facilities in ROW shall pay to the City a public service licence fee as established by the City in its fees and charges. (a) Except for utilities with a valid franchise in accordance with Chapter 9 or any other agreement of the City, any person or entity shall obtain a licence from the City before carrying out any work in or using the ROW. (3) If a company provides services subject to ORS 221,410 to 221,655 OR are subject to state or federal restrictions, and also provides other services subject to user fees without restriction, it will charge and pay both any amount subject to a restriction and any amount that is not subject to the restriction. “ROW” means the surface and space above and below a public road, road, alley, highway, special road, local access road or easement used or intended to be used by the general public for vehicles, as well as any easement in the city. (2) To the extent that federal or state law limits the amount that the city may charge as a utility license fee lower than the fees specified in its processing of fees and charges, the utility license fee is the maximum amount permitted by applicable law. (a) The City reserves the right and privilege to reduce or relocate all utilities located within the Range without notice, if it deems necessary, appropriate or useful in response to a public health or safety emergency. The City will employ qualified personnel or contractors who will comply with applicable federal and state security laws and regulations to the extent possible without impeding the City`s response to the emergency. The City will notify the utility of any reduction or relocation of facilities as soon as reasonably possible after the emergency has been resolved. (a) Supply lines shall be installed underground in all areas of the city where there are no catenary pylons in the right-of-way or space on existing pylons in the right-of-way. No new masts may be added to the ROW unless expressly authorized by the city. This requirement does not apply to sockets, cabinets or other above-ground equipment of any service. The City reserves the right to request written authorization for the location of this above-ground equipment in the ROW.
(c) The City shall not be liable to any public service for any damage to public services or any consequential damage resulting directly or indirectly from the cause caused by the City or its contractor in the removal, relocation or alteration of facilities in accordance with this section, or resulting from the failure of the utility to remove its facilities in accordance with this chapter; to move, change or submerge underground. unless the damages are directly attributable to negligence or wilful misconduct on the part of the city. (5) Changes to the information in the ROW licence application. Within 30 days of a change in the information listed in the permit application, the licensee must notify the city in writing of the change. (b) Nothing in this Agreement will prevent a Utility from seeking reimbursement or compensation from any third party in accordance with any applicable laws, regulations, tariffs or agreements; provided that the public service meets the requirements of this Section in a timely manner, whether or not it has requested or received such reimbursement or compensation. (c) The City must provide written notice of when a utility is required to remove, move, modify, modify or underground its facilities. If a utility fails to remove, move, modify, modify, change or leave a public service underground as required by the city, the utility will pay all costs incurred by the city as a result of such failure. Costs include, but are not limited to, costs related to project delays. If the public service refuses to make a change requested by the city, the city may arrange for the public service to be removed, moved, modified, modified or moved underground at the sole expense of the public service. Upon receipt of a detailed invoice from the city, the utility company will reimburse the city for the costs incurred by the city. The refund will be made within 30 days.
(4) Determination by the city. The City must make a written decision within a reasonable time to grant or refuse the licence in whole or in part. If the licence is refused, the written finding must include the reasons for the refusal. The license will be evaluated based on the provisions of this Chapter, THE ROW`s CONTINUED ABILITY to accommodate the utilities offered by the applicant, and applicable federal, state, and local laws, rules, regulations, and guidelines. (4) Removal of unauthorized facilities. Unless the City has agreed otherwise in writing, a utility and any other person who owns, controls or maintains an abandoned or unauthorized utility in the ROW will remove the facility and restore the ROW within 30 days of the City`s written notice or at such other time as the City agrees in writing. (1) No person shall carry out work on public services within the ROW without first obtaining all necessary permits and permits in accordance with section 3.250. The City will not grant permits to construct, install, maintain or repair utilities unless the owner of the facilities has applied for and obtained a valid licence under this chapter or has an outstanding franchise agreement and all applicable fees have been paid. “Gross revenue”, unless otherwise specified in subsection (1) of this definition, means all revenues received by the supplier from sources within the city limits; including income from the use, rental or rental of public services and services provided by the public service. .
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