Title 3
REVENUE AND FINANCE
Chapters:
3.03 ELECTRICAL POWER AND LIGHT BUSINESS PRIVILEGE TAX AND FRANCHISE APPLICABLE TO CONSUMERS POWER
3.03.010 Definitions.
3.03.020 Amount of tax.
3.03.090 Grant of franchise and general utility easement.
3.03.100 Term.
3.03.110 Acceptance by Consumers Power.
3.03.120 Nonexclusive franchise.
3.03.130 City regulatory authority.
3.03.140 Indemnification.
3.03.150 Annexation.
3.03.160 Construction, maintenance, and relocation.
3.03.170 Restoration of public ways.
3.03.180 Reservation of City public ways.
3.03.190 Use of grantee’s facilities by City.
3.03.200 Vacation of public ways.
3.03.210 Subdivision/partition plat application notification.
3.03.220 Vegetation management.
3.03.230 Compensation.
3.03.240 Renewal.
3.03.250 No waiver.
3.03.260 Transfer of franchise.
3.03.270 Amendment.
3.03.280 Noncontestability – Breach of contract.
3.03.290 Notices.
3.03.300 Severability.
3.03.310 Waiver of jury trial.
3.04 ELECTRICAL POWER AND LIGHT BUSINESS PRIVILEGE TAX AND FRANCHISE APPLICABLE TO PACIFICORP
3.04.010 Definitions.
3.04.020 Amount of tax.
3.04.030 Payment.
3.04.040 Exceptions and deductions.
3.04.050 Books of account.
3.04.060 Failure to make return.
3.04.070 Liens.
3.04.080 Waiver of free service.
3.04.090 Grant of franchise and general utility easement.
3.04.100 Term.
3.04.110 Acceptance by PacifiCorp.
3.04.120 Nonexclusive franchise.
3.04.130 City regulatory authority.
3.04.140 Indemnification.
3.04.150 Annexation.
3.04.160 Construction, maintenance, and relocation.
3.04.170 Restoration of public ways.
3.04.180 Reservation of City public ways.
3.04.190 Use of grantee’s facilities by City.
3.04.200 Vacation of public ways.
3.04.210 Subdivision/partition plat application notification.
3.04.220 Vegetation management.
3.04.230 Compensation.
3.04.240 Renewal.
3.04.250 No waiver.
3.04.260 Transfer of franchise.
3.04.270 Amendment.
3.04.280 Noncontestability – Breach of contract.
3.04.290 Notices.
3.04.300 Severability.
3.04.310 Waiver of jury trial.
3.05 MARIJUANA TAX (Repealed)
3.06 MARIJUANA TAX
3.06.010 Purpose.
3.06.020 Definitions.
3.06.030 Tax imposed.
3.06.040 Collection of tax.
3.08 SPECIAL FUNDS
3.08.010 Library sinking fund.
3.08.130 Olive E. Manela trust fund – Established.
3.08.140 Olive E. Manela trust fund – City acceptance – Use specified.
3.08.230 Bancroft bonds redemption fund – Created – Deposits and expenditures authorized.
3.12 CITY SERVICES FEE
3.12.001 Title and purpose.
3.12.005 Definitions.
3.12.010 Administration and rulemaking.
3.12.015 Fee established.
3.12.020 Fee amount and annual adjustments.
3.12.025 Billing, due date, and delinquency.
3.12.030 Adjustments, back-billing, credits, and refunds.
3.12.035 Exemptions and discounts.
3.12.040 Falsification.
3.12.045 Civil penalties.
3.12.050 Violations.
3.14 TRANSIENT ROOM TAX
3.14.010 Title.
3.14.020 Definitions.
3.14.025 Repealed.
3.14.030 Repealed.
3.14.040 Imposition.
3.14.050 Exemptions.
3.14.060 Operator – Registration.
3.14.070 Operator – Certificate of authority.
3.14.080 Operator – Duties.
3.14.090 Operator – Recordkeeping.
3.14.100 Operator – Collection.
3.14.110 Due date – Returns and payments.
3.14.120 Penalties and interest.
3.14.130 Deficiency determination.
3.14.140 Redetermination.
3.14.150 Security for collection.
3.14.160 Lien.
3.14.170 Refunds.
3.14.180 Examination of records and investigations.
3.14.190 Disclosure of confidential information.
3.14.230 Appeals to City Council.
3.14.240 Enforcement.
3.14.250 Violations – Designated.
3.14.260 Violations – Penalty.
3.16 REFUNDS
3.16.010 Refunds.
3.16.020 Voucher.
3.18 TCI CABLEVISION FRANCHISE (Repealed)
3.20 QWEST TELEPHONE FRANCHISE
3.20.010 Granted.
3.20.020 Excavations – Compliance required.
3.20.030 Street repair – Expense responsibility.
3.20.040 Improvements – Utility obstruction prohibited.
3.20.050 Cables, wires – Rearrangement – Notice.
3.20.060 Payment.
3.20.070 Other fees and charges.
3.20.080 Reporting of funds.
3.20.090 Compliance with other laws.
3.20.100 Indemnification.
3.20.110 Continuation – Termination.
3.24 BNSF RAILWAY COMPANY FRANCHISE
3.24.010 Grant of franchise.
3.24.020 Definition of terms.
3.24.030 Standards of service.
3.24.040 Crossings and speed limit.
3.24.050 Enforcement and termination of franchise.
3.24.060 Miscellaneous provisions.
3.26 COMCAST TELECOMMUNICATION FRANCHISE
Article I. General Provisions
3.26.010 Franchise granted.
3.26.020 Definitions.
3.26.030 Grant of authority.
3.26.040 Franchisee review.
3.26.050 Rules of construction.
3.26.060 Severability and constitutionality.
3.26.070 Commercial impracticability.
3.26.080 Competitive equity.
Article II. Service
3.26.090 Continuous service.
3.26.100 Emergency repair service.
3.26.110 Justified service.
3.26.120 Extension of service.
3.26.130 Levels of service.
Article III. Construction
3.26.140 Rearrangement of facilities to permit moving of buildings and other objects.
3.26.150 Public works and improvement not affected by franchise.
3.26.160 Control of construction.
Article IV. Use of Public Ways
3.26.170 Excavation and restoration.
3.26.180 Relocation of facilities.
3.26.190 Tree trimming.
3.26.200 Use of poles.
3.26.210 Use of bridges and public places by franchisee.
3.26.220 Emergency removal and alternate routing of facilities.
Article V. Rules and Regulations
3.26.230 Compliance with laws, rules, and regulations.
3.26.240 Safety standards and work specifications.
3.26.250 Franchisee rules.
3.26.260 Discriminatory practices prohibited.
3.26.270 Sale of subscriber lists prohibited.
3.26.280 Right to inspect books.
3.26.290 Maps.
3.26.300 Reports and records.
3.26.310 Duration, renewal, and renegotiation.
3.26.330 Assignment of franchise – Transfer of franchise.
Article VI. Insurance, Bonding, and Penalties
3.26.340 Insurance.
3.26.350 Bonds and other surety.
3.26.360 Remedies not exclusive – When requirement waived.
3.26.370 Liquidated damages.
Article VII. Franchise Specifications
3.26.380 Franchise nonexclusive.
3.26.390 Channel capacity.
3.26.400 Rate structure.
3.26.410 Compensation.
3.26.420 Permit and inspection fees.
3.26.430 Public access programming.
3.26.440 Technical standards.
3.26.450 City right in franchise.
3.26.460 Customer service standards.
3.26.470 Misdemeanors.
3.26.480 Rate regulation.
3.26.490 Force majeure.
3.26.500 Nonlitigation.
3.26.510 Nonenforcement by the City.
3.26.520 Descriptive headings.
3.26.530 Calculation of time.
3.26.540 Written notice.
Article VIII. Repeal
3.26.550 Repeal.
Article IX. Effective Date
3.26.560 Effective date.
3.28 ALBANY-LEBANON SANITATION COMPANY FRANCHISE
3.28.010 Short title.
3.28.020 Purpose, policy and scope.
3.28.030 Definitions.
3.28.040 Franchise and exceptions.
3.28.050 Franchise term.
3.28.060 Franchise fee.
3.28.070 Franchisee responsibility.
3.28.080 Supervision.
3.28.090 Suspension, modification or revocation of franchise.
3.28.100 Preventing interruption of service.
3.28.110 Termination of service.
3.28.120 Subcontracts.
3.28.130 Rates.
3.28.140 Public responsibility.
3.28.150 Construction.
3.28.160 Penalties for violation.
3.28.170 City enforcement.
3.30 LONG DISTANCE TELECOMMUNICATIONS COMPANY FRANCHISE
3.30.010 Definitions.
3.30.020 Granted.
3.30.030 Communication facilities placement – Excavations.
3.30.040 Public improvements.
3.30.050 Communication facilities removal.
3.30.060 Removal, rearrangement – Communication facilities.
3.30.070 Facilities maintenance.
3.30.080 Indemnification clause.
3.30.090 Franchise fee.
3.30.100 Statement of payment.
3.30.110 Term of franchise.
3.40 AT&T CORP. TELECOMMUNICATIONS FRANCHISE
3.40.010 Franchise granted.
3.40.020 Rules of construction – Definitions.
3.40.030 Effective date – Term.
3.40.040 Construction, excavation, and relocation.
3.40.050 Street repair – Expense responsibility.
3.40.060 Restoration of rights-of-way.
3.40.070 Improvements – Utility obstruction prohibited.
3.40.080 Emergency removal and alternate routing of facilities.
3.40.090 Cables, wires – Rearrangement – Notice.
3.40.100 Tree trimming.
3.40.110 Use of poles.
3.40.120 Temporary relocation at the request of third parties.
3.40.130 Right-of-way vacation.
3.40.140 Maintenance of facilities.
3.40.150 Discontinued use of facilities.
3.40.160 Hazardous substances.
3.40.170 Performance, compliance with laws, rules, and regulations.
3.40.180 Franchise fee, payment, and auditing.
3.40.190 Taxes, fees, and charges.
3.40.200 Sale of subscriber lists prohibited.
3.40.210 Abandonment – Removal of facilities upon expiration.
3.40.220 Reports and inspection.
3.40.230 Change of law – Amendment of franchise agreement.
3.40.240 Franchise nonexclusive.
3.40.250 Insurance and bonding.
3.40.260 Indemnification.
3.40.270 Assignment, transfer, merger, lease, or mortgage.
3.40.280 Rights – Forfeiture – Termination – Remedies.
3.40.290 Force majeure.
3.40.300 Severability – Renegotiation.
3.40.310 Public records.
3.40.320 Choice of law – Venue – Notice.
3.40.330 Complete agreement.
3.40.340 Dispute costs – Attorneys’ fees.
3.40.350 Successors and assigns.
3.50 MCI COMMUNICATIONS SERVICES, INC.
3.50.010 Franchise granted.
3.50.020 Excavations and construction.
3.50.030 Tree trimming.
3.50.040 Use of poles.
3.50.050 Construction and performance bond – Liability insurance.
3.50.060 Notice of additions.
3.50.070 Street repair – Expense responsibility.
3.50.080 Improvements – Utility obstruction prohibited.
3.50.090 Emergency removal and alternate routing of facilities.
3.50.100 Cables, wires – Rearrangement – Notice.
3.50.110 Compliance with laws, rules and regulations.
3.50.120 Sale of subscriber lists prohibited.
3.50.130 Payment.
3.50.140 Other fees and charges.
3.50.150 Reporting of funds.
3.50.160 Indemnification.
3.50.170 Continuation – Termination.
3.50.180 Forfeiture and remedies.
3.50.190 Severability.
3.50.200 Attorneys’ fees.
3.50.210 Successors and assigns.
3.50.220 Franchise nonexclusive.
3.60 ADVANCED TELECOM, INC., FRANCHISE
3.60.010 Franchise granted.
3.60.020 Excavations and construction.
3.60.030 Tree trimming.
3.60.040 Use of poles.
3.60.050 Construction and performance bond – Liability insurance.
3.60.070 Street repair – Expense responsibility.
3.60.080 Improvements – Utility obstruction prohibited.
3.60.090 Emergency removal and alternate routing of facilities.
3.60.100 Cables, wires – Rearrangement – Notice.
3.60.110 Compliance with laws, rules, and regulations.
3.60.120 Sale of subscriber lists prohibited.
3.60.130 Payment.
3.60.135 Abandonment.
3.60.140 Other fees and charges.
3.60.150 Reporting of funds.
3.60.160 Indemnification.
3.60.170 Continuation – Termination.
3.60.180 Forfeiture and remedies.
3.60.190 Severability.
3.60.200 Attorneys’ fees.
3.60.210 Successors and assigns.
3.60.220 Franchise nonexclusive.
3.70 LIGHTSPEED (LS) NETWORKS FRANCHISE
3.70.010 Franchise granted.
3.70.020 Rules of construction – Definitions.
3.70.030 Effective date – Term.
3.70.040 Construction, excavation, and relocation.
3.70.050 Street repair – Expense responsibility.
3.70.060 Restoration of rights-of-way.
3.70.070 Improvements – Utility obstruction prohibited.
3.70.080 Emergency removal and alternate routing of facilities.
3.70.090 Cables, wires – Rearrangement – Notice.
3.70.100 Tree trimming.
3.70.110 Use of poles.
3.70.120 Temporary relocation at the request of third parties.
3.70.130 Right-of-way vacation.
3.70.140 Maintenance of facilities.
3.70.150 Discontinued use of facilities.
3.70.160 Hazardous substances.
3.70.170 Performance, compliance with laws, rules, and regulations.
3.70.180 Franchise fee, payment, and auditing.
3.70.190 Taxes, fees, and charges.
3.70.200 Sale of subscriber lists prohibited.
3.70.210 Abandonment – Removal of facilities upon expiration.
3.70.220 Reports and inspection.
3.70.230 Change of law – Amendment of franchise agreement.
3.70.240 Franchise nonexclusive.
3.70.250 Insurance and bonding.
3.70.260 Indemnification.
3.70.270 Assignment, transfer, merger, lease, or mortgage.
3.70.280 Rights – Forfeiture – Termination – Remedies.
3.70.290 Force majeure.
3.70.300 Severability – Renegotiation.
3.70.310 Public records.
3.70.320 Choice of law – Venue – Notice.
3.70.330 Complete agreement.
3.70.340 Dispute costs – Attorneys’ fees.
3.70.350 Successors and assigns.
3.80 ASTOUND BROADBAND, LLC FRANCHISE
3.80.010 Franchise granted.
3.80.020 Rules of construction – Definitions.
3.80.030 Effective date – Term.
3.80.040 Construction, excavation, and relocation.
3.80.050 Street repair – Expense responsibility.
3.80.060 Restoration of rights-of-way.
3.80.070 Improvements – Utility obstruction prohibited.
3.80.080 Emergency removal and alternate routing of facilities.
3.80.090 Cables, wires – Rearrangement – Notice.
3.80.100 Tree trimming.
3.80.110 Use of poles.
3.80.120 Temporary relocation at the request of third parties.
3.80.130 Right-of-way vacation.
3.80.140 Maintenance of facilities.
3.80.150 Discontinued use of facilities.
3.80.160 Hazardous substances.
3.80.170 Performance, compliance with laws, rules, and regulations.
3.80.180 Franchise fee, payment, and auditing.
3.80.190 Taxes, fees, and charges.
3.80.200 Sale of subscriber lists prohibited.
3.80.210 Abandonment – Removal of facilities upon expiration.
3.80.220 Reports and inspection.
3.80.230 Change of law – Amendment of franchise agreement.
3.80.240 Franchise nonexclusive.
3.80.250 Insurance and bonding.
3.80.260 Indemnification.
3.80.270 Assignment, transfer, merger, lease, or mortgage.
3.80.280 Rights – Forfeiture – Termination – Remedies.
3.80.290 Force majeure.
3.80.300 Severability – Renegotiation.
3.80.310 Public records.
3.80.320 Choice of law – Venue – Notice.
3.80.330 Complete agreement.
3.80.340 Dispute costs – Attorneys’ fees.
3.80.350 Successors and assigns.
3.90 CASCO COMMUNICATIONS, INC., FRANCHISE
3.90.010 Franchise granted.
3.90.020 Excavations and construction.
3.90.030 Tree trimming.
3.90.040 Use of poles.
3.90.050 Construction and performance bond.
3.90.060 Street repair – Expense responsibility.
3.90.070 Improvements – Utility obstruction prohibited.
3.90.080 Emergency removal and alternate routing of facilities.
3.90.090 Cables, wires – Rearrangement – Notice.
3.90.100 Compliance with laws, rules, and regulations.
3.90.110 Sale of subscriber lists prohibited.
3.90.120 Payment.
3.90.130 Abandonment.
3.90.140 Other fees and charges.
3.90.150 Reporting of funds.
3.90.160 Indemnification and insurance requirements.
3.90.170 Term and negotiation.
3.90.180 Forfeiture and remedies.
3.90.190 Bonds and other surety.
3.90.195 Severability.
3.90.200 Attorneys’ fees and jurisdiction.
3.90.210 Successors and assigns.
3.90.220 Franchise nonexclusive.
3.95 VISER, LLC, FRANCHISE
3.95.010 Franchise granted.
3.95.020 Rules of construction – Definitions.
3.95.030 Effective date – Term.
3.95.040 Construction, excavation, and relocation.
3.95.050 Street repair – Expense responsibility.
3.95.060 Restoration of rights-of-way.
3.95.070 Improvements – Utility obstruction prohibited.
3.95.080 Emergency removal and alternate routing of facilities.
3.95.090 Cables, wires – Rearrangement – Notice.
3.95.100 Tree trimming.
3.95.110 Use of poles.
3.95.120 Temporary relocation at the request of third parties.
3.95.130 Right-of-way vacation.
3.95.140 Maintenance of facilities.
3.95.150 Discontinued use of facilities.
3.95.160 Hazardous substances.
3.95.170 Performance, compliance with laws, rules, and regulations.
3.95.180 Franchise fee, payment, and auditing.
3.95.190 Other taxes, fees, and charges.
3.95.200 Sale of subscriber lists prohibited.
3.95.210 Abandonment – Removal of facilities upon expiration.
3.95.220 Reports and inspection.
3.95.230 Change of law – Amendment of franchise agreement.
3.95.240 Franchise nonexclusive.
3.95.250 Insurance and bonding.
3.95.260 Indemnification.
3.95.270 Assignment, transfer, merger, lease, or mortgage.
3.95.280 Rights – Forfeiture – Termination – Remedies.
3.95.290 Force majeure.
3.95.300 Severability – Renegotiation.
3.95.310 Public records.
3.95.320 Choice of law – Venue – Notice.
3.95.330 Complete agreement.
3.95.340 Dispute costs – Attorneys’ fees.
3.95.350 Successors and assigns.
3.96 ZIPLY FIBER PACIFIC, LLC, FRANCHISE
3.96.010 Franchise granted.
3.96.020 Rules of construction – Definitions.
3.96.030 Effective date – Term.
3.96.040 Construction, excavation, and relocation.
3.96.050 Street repair – Expense responsibility.
3.96.060 Restoration of rights-of-way.
3.96.070 Improvements – Utility obstruction prohibited.
3.96.080 Emergency removal and alternate routing of facilities.
3.96.090 Cables, wires – Rearrangement – Notice.
3.96.100 Tree trimming.
3.96.110 Use of poles.
3.96.120 Temporary relocation at the request of third parties.
3.96.130 Right-of-way vacation.
3.96.140 Maintenance of facilities.
3.96.150 Discontinued use of facilities.
3.96.160 Hazardous substances.
3.96.170 Performance, compliance with laws, rules, and regulations.
3.96.180 Franchise fee, payment, and auditing.
3.96.190 Taxes, fees, and charges.
3.96.200 Sale of subscriber lists prohibited.
3.96.210 Abandonment – Removal of facilities upon expiration.
3.96.220 Reports and inspection.
3.96.230 Change of law – Amendment of franchise agreement.
3.96.240 Franchise nonexclusive.
3.96.250 Insurance and bonding.
3.96.260 Indemnification.
3.96.270 Assignment, transfer, merger, lease, or mortgage.
3.96.280 Rights – Forfeiture – Termination – Remedies.
3.96.290 Force majeure.
3.96.300 Severability – Renegotiation.
3.96.310 Public records.
3.96.320 Choice of law – Venue – Notice.
3.96.330 Complete agreement.
3.96.340 Dispute costs – Attorneys’ fees.
3.96.350 Successors and assigns.
3.97 EAGLE POINT FIBER LLC FRANCHISE
3.97.010 Franchise granted.
3.97.020 Rules of construction – Definitions.
3.97.030 Effective date – Term.
3.97.040 Construction, excavation, and relocation.
3.97.050 Street repair – Expense responsibility.
3.97.060 Restoration of rights-of-way.
3.97.070 Improvements – Utility obstruction prohibited.
3.97.080 Emergency removal and alternate routing of facilities.
3.97.090 Cables, wires – Rearrangement – Notice.
3.97.100 Tree trimming.
3.97.110 Use of poles.
3.97.120 Temporary relocation at the request of third parties.
3.97.130 Right-of-way vacation.
3.97.140 Maintenance of facilities.
3.97.150 Discontinued use of facilities.
3.97.160 Hazardous substances.
3.97.170 Performance, compliance with laws, rules, and regulations.
3.97.180 Franchise fee, payment, and auditing.
3.97.190 Taxes, fees, and charges.
3.97.200 Sale of subscriber lists prohibited.
3.97.210 Abandonment – Removal of facilities upon expiration.
3.97.220 Reports and inspection.
3.97.230 Change of law – Amendment of franchise agreement.
3.97.240 Franchise nonexclusive.
3.97.250 Insurance and bonding.
3.97.260 Indemnification.
3.97.270 Assignment, transfer, merger, lease, or mortgage.
3.97.280 Rights – Forfeiture – Termination – Remedies.
3.97.290 Force majeure.
3.97.300 Severability – Renegotiation.
3.97.310 Public records.
3.97.320 Choice of law – Venue – Notice.
3.97.330 Complete agreement.
3.97.340 Dispute costs – Attorneys’ fees.
3.97.350 Successors and assigns.