(A) Grant of franchise. Subject to the terms and conditions of this franchise, the city grants grantee a right, privilege and franchise during the term of this franchise to:
(1) Construct, maintain and operate a gas utility system and exercise all authority conferred upon grantee by state law within the city limits for the purpose of providing services to customers within the city limits.
(2) Install, operate, maintain, remove, relocate, and replace gas facilities on and under the right-of-way and to use the right-of-way for the provision of services. This franchise does not authorize grantee to install or use gas facilities in the right-of-way for anything other than the provision of services.
(3) Install, operate, maintain, remove, reinstall, relocate and replace gas facilities for the transmission of gas which are located within the city limits but are not used to provide services in or do not terminate in the city limits.
(4) Offer and sell services to customers within the city limits.
(B) Duration. The term of this franchise, and all rights and obligations pertaining thereto, shall be 10 years from the date grantee signs and accepts this franchise in accordance with § 101.12(H), unless terminated sooner as provided herein.
(C) Franchise non-exclusive. This franchise is not exclusive. The city expressly reserves the right to grant franchises or rights to other persons similar to or different from those granted by this franchise. This franchise is intended to convey limited rights and interests only as to those public rights-of-way in which the city has an actual interest. It is not a warranty of title or interest in any public right-of-way; it does not provide the grantee with any interest in any particular location within the public rights-of-way; and it does not confer rights other than as expressly provided in the grant hereof. This franchise is subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record that may affect the right-of-way. Nothing in this franchise shall be deemed to grant, convey, create, or vest in grantee a real property interest in land, including any fee, leasehold interest, or easement.
(D) Reservation of city rights. The city reserves the rights to:
(1) Construct, install, maintain and operate any city facility, right-of-way or public place.
(2) Do any work that the city may find desirable on, over or under any right-of-way or public place. Whenever the city shall excavate or perform any work in any right-of-way or public place, or shall contract, or issue permits, for such excavation or work where such excavation or work may disturb grantee’s gas facilities, the city shall, in writing, notify grantee sufficiently in advance of such contemplated excavation or work to enable grantee to take such measures as may be deemed necessary to protect its gas facilities from damage and possible inconvenience or injury to the public, consistent with the Oregon Utility Notification Center requirements if applicable. In any such case, the grantee, upon request, shall furnish maps or drawings to the city showing the approximate location of all its gas facilities in the area involved in the proposed excavation or other work. The city shall treat any such map or drawing as confidential, subject to the provisions of state law and the Oregon Public Records Law.
(3) Exercise any non-regulatory power that the city currently holds, or may hereafter be authorized or granted by the laws of the State of Oregon or the City Charter.
(4) Vacate, alter or close any right-of-way or public place. Whenever the city shall vacate any right-of-way or public place for the convenience or benefit or any person or governmental agency or instrumentality, grantee’s rights under this franchise shall be preserved as to any of its gas facilities then existing in the right-of-way or public place if reasonably practicable. To the extent grantee’s rights in the right-of-way cannot be preserved, city shall provide an alternative right-of-way for the location of grantee’s gas facilities. The city shall in writing notify grantee sufficiently in advance, a minimum of 30 days, of such contemplated excavation or work to enable grantee to take such measures as may be deemed necessary.
(5) Abate any nuisance or dangerous condition.
(6) Control or prevent the use of any public place by grantee and require payment of additional compensation for the use of the public place in any amount that the city and grantee finds to be mutually agreeable.
(7) In addition to the reservations contained in this franchise and existing applicable ordinances, adopt such additional generally applicable regulations of the construction, maintenance and operation of grantee’s gas facilities as the city finds necessary in the exercise of its police powers or for the orderly development of the city (including but not limited to zoning, land use, historic preservation ordinances, City of Banks standard specifications, design standards and drawings and other safety or construction standards, and other applicable requirements), provided that these regulations, by ordinance or otherwise, are reasonable and not in conflict with the rights granted in this franchise. These regulations shall be subject to any superseding provisions of state or federal law or regulations and shall be in conformance with standard engineering practices. The city may amend and add to these regulations from time to time provided that these regulations, by ordinance or otherwise, are reasonable and not in conflict with the rights granted in this franchise. Unless in conflict with the rights granted in this franchise or any superseding provisions of state or federal law or regulations, the grantee shall promptly comply with these regulations.
(5) Franchise as contract. This chapter and the written acceptance by grantee constitutes a contract between the city and grantee, and is binding upon and inures to the benefit of grantee and its successors, legal representatives and assigns, under the conditions imposed herein.
(Ord. 2008-04-01, passed 4-8-2008; Ord. 2010-04-01, passed 5-13-2010)