Division 1. PACIFICORP FRANCHISE  


§ 1. Grant of Franchise.
§ 2. Term.
§ 3. Acceptance by PacifiCorp.
§ 4. Non-Exclusive Franchise.
§ 5. City Regulatory Authority.
§ 6. Indemnification and Insurance.
§ 7. Annexation.
§ 8. Facilities and Service Standards.
§ 9. Removal or Relocation of Electric Facilities.
§ 10. Subdivision Plat Notification.
§ 11. Vegetation Management.
§ 12. Compensation.
§ 13. Extension and Renewal.
§ 14. No Waiver.
§ 15. Transfer of Franchise.
§ 16. Amendment.
§ 17. Non-Contestability—Breach of Contract.
§ 18. Notices.
§ 19. Severability.
§ 20. Additional Remedies.
§ 21. Termination and Remedies.
§ 22. Choice of Law.
§ 23. Captions.
§ 24. Repeal.
§ 25. Effective Date.

BEFORE THE CITY COUNCIL OF THE CITY OF INDEPENDENCE,
STATE OF OREGON, COUNTY OF POLK

AN ORDINANCE AUTHORIZING THE CITY OF ]
INDEPENDENCE TO GRANT A NON-EXCLUSIVE ]
ELECTRIC UTILITY FRANCHISE TO PACIFICORP ] Council Bill #2012-04
REPEALING ORDINANCE NO. 1250, AND ]
DECLARING AN EMERGENCY ]

 

ORDINANCE NO. 1506

WHEREAS, the City is authorized by constitutional home rule authority, state statutes, its charter, and City ordinances to grant non-exclusive franchises to persons and entities desiring to occupy the City rights-of-way and public spaces within the City;

WHEREAS, PacifiCorp d.b.a. Pacific Power, is a regulated public utility that provides electric power and energy to the citizens of the City of Independence (the "City") and other surrounding areas;

WHEREAS, providing electrical power and energy requires the installation, operation and maintenance of power poles and other related facilities to be located within the public ways of the City;

WHEREAS, the purposes of this franchise is to establish reasonable regulations applicable to the construction, operation, and maintenance of electric facilities in, along, across, under, and over the City right-of-way and the provision of electric services within the City, as well as to protect the health, safety, and welfare of the public and to limit the City's liability for claims arising from the granting of this franchise:

WHEREAS, the City desires to set forth the terms and conditions by which PacifiCorp shall use the public ways of the City;

NOW, THEREFORE, the City of Independence does ordain as follows: