(A) The city hereby grants to the grantee and its successors and assigns, subject to the terms and conditions in this franchise, a nonexclusive franchise to erect, construct, repair, maintain, upgrade and operate an electric light and power system within the city as it now exists or may be extended in the future, including related communication equipment and grantee facilities (as defined below). This franchise includes the privilege to install, repair, maintain, upgrade and operate facilities necessary for the operation of grantee’s electric light and power system (as defined below) upon, over, along, and across the surface of and the space above and below the streets, alleys, roads, highways, sidewalks, bridges, and other public ways over which the city has jurisdiction (collectively, “public ROW”), as well as public utility easements (“PUEs”) on third party property as shown on recorded final plats, and which will be managed by the city thereafter, for the provision of public utility services within the city as grantee’s electric light and power system now exists or is extended or upgraded in the future. Nothing in this franchise limits the city from granting others the right to carry on activities similar to, or different from the ones described in this franchise. The rights granted herein do not include the right to build or site electric generating facilities in the public ROW.
(B) All grantee facilities in possession of the grantee currently or during the term (as defined in § 100.02(B)) that are located within the public ROW are covered by this franchise and the location and placement thereof is hereby approved for the purposes of this franchise. The city may require relocation of grantee facilities as further specified in § 100.08.
(C) This franchise also includes the privilege to repair, maintain, upgrade and operate grantee facilities located in city park property that are existing as of the effective date of this franchise. Installation of grantee facilities in city park property on or after the effective date of this franchise, and repairing, maintaining, upgrading and operating such after-installed grantee facilities, shall be subject to the city’s permitting process, including but not limited to grantee obtaining any requisite easements. With respect to grantee facilities located in city park property existing as of the effective date of this franchise, and grantee facilities installed in city park property on or after the effective date of this franchise in accordance with the city permitting process, city park property shall be treated the same as the public ROW for purposes of this franchise.
(D) Grantee may provide telecommunications services as defined in O.R.S. 759.005 as it may be amended from time to time via grantee’s electric light and power system if it obtains all necessary and applicable authorizations from the OPUC regarding the provision of telecommunications service to the public and obtains any necessary, lawful and applicable authorization from the city for use of the public ROW for such provision, including entering into a separate franchise with the city.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)