(A) Captions. Throughout this franchise, captions to sections are intended solely to facilitate reading and to reference the provisions of this franchise. The captions shall not affect the meaning and interpretation of this franchise.
(B) Definitions. For purposes of this franchise, the following terms, phrases, and their derivations shall have the meanings given below unless the context indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(1) CITY means the City of Banks, Oregon, a municipal corporation, and all of the territory within its corporate boundaries, as such may change from time to time.
(2) CITY COUNCIL means the Council of the city.
(3) CITY ENGINEER means the City Engineer of the city.
(4) CITY MANAGER means the City Manager of the city.
(5) CITY RECORDER means the Recorder of the city.
(6) COMMUNICATION EQUIPMENT means wires, fiber, antennas, and related equipment to deliver business and energy information within PGE’s information network, and to monitor and control facilities and equipment, in order to ensure operational performance, including but not limited to the receipt and delivery of data from and to AMI meters.
(7) EMERGENCY means a situation involving:
(a) An unscheduled outage affecting one or more current customers; or
(b) Danger to public safety that must be addressed within 24 hours in order to protect the public.
EMERGENCY also includes situations where the failure of grantee to act would result in (a) or (b) within 24 hours.
(8)
FRANCHISE means this franchise agreement as fully executed by the city and the grantee and adopted by the City Council pursuant to Ordinance No. 2010.
(9) GRANTEE means Portland General Electric Company, an Oregon corporation.
(10) GRANTEE FACILITY means any tangible component of grantee’s electric light and power system, including but not limited to any poles, guy wires, anchors, wire, fixtures, equipment, conduit, circuits, vaults, switch cabinets, transformers, secondary junction cabinets, antennas, communication
equipment and other property necessary or convenient to supply electric light and power by the grantee within the city.
(11) GRANTEE’S ELECTRIC LIGHT AND POWER SYSTEM means all real property and grantee facilities used by the grantee in the transmission and distribution of its services that are located inside the boundaries of the city.
(12) GROSS REVENUES shall be deemed to include any and all revenues derived by the grantee within the city from grantee’s electric light and power system, and includes, but is not limited to, the sale of and use of electricity and electric service, and the use, rental, or lease of grantee facilities after adjustment for the net write-off of uncollectible accounts. Gross revenues do not include proceeds from the sale of bonds, mortgages or other evidence of indebtedness, securities or stocks, or sales at wholesale by one public utility to another of electrical energy when the utility purchasing such electrical energy is not the ultimate consumer. Gross revenues also do not include revenue from joint pole use. For purposes of this franchise, revenue from joint pole use includes any revenue collected by the grantee from other franchisees, permit holders, or licensees of the city for the right to attach wires, cable or other facilities or equipment to the grantee’s poles or place them in the grantee’s conduits.
(13)
NEW DEVELOPMENT means construction work that goes through the city planning process.
(14) NESC means the National Electrical Safety Code.
(15) OPUC means the Oregon Public Utility Commission.
(16) PERMIT means a formal written request submitted to the city on the applicable city form describing the requested project.
(17) PERSON means any individual, sole proprietorship, partnership, association, corporation, Cooperative, People’s Utility District, or other form of organization authorized to do business in the State of Oregon, and includes any natural person.
(18)
PUBLIC ROW shall have the meaning described in § 100.01(A).
(19) PUE shall have the meaning described in § 100.01(A).
(20) TERM shall have the meaning described in § 100.02.
(21)
YEAR, ANNUAL, or ANNUALLY means the period consisting of a full calendar year, beginning January 1 and ending December 31, unless otherwise provided in this franchise.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)