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12.15.090 Utility-Specific Provisions.

City code section

(Amended by Ordinance 192006, effective January 10, 2025.)

  1. A. Pipeline services.
    1. 1. Licensee will operate in a manner that is consistent with City Code and binding City policies.
      1. a. The provisions of this Subsection do not restrict:
        1. (1) improvements in the safety, or efficiency, seismic resilience, or operations of existing infrastructures;
        2. (2) the provision of services directly to the end users;
        3. (3) development of emergency backup capacity;
        4. (4) infrastructure that enables recovery or re-processing of used petroleum products; or
        5. (5) infrastructure that will accelerate the transition to non-fossil fuel energy sources.
    2. 2. At any point during the term of a license, a licensee may seek to amend, alter, or add to its pipeline system by filing with the City’s Bureau of Planning and Sustainability a map showing such proposed changes. The Bureau will respond in writing with its approval, modifications, or denial (and its reasoning for any modifications or denial) within 45 calendar days from receiving the proposal.
    3. 3. Subject to applicable regulations of the City, licensee may perform all of the construction, repair, and maintenance of its facilities within the City’s rights-of-way to consumers’ premises and other points as may be required to provide natural gas service, and licensee will apply for and obtain all permits necessary for such construction.
    4. 4. Removal of underground facilities used to provide natural gas. With written permission from the City, facilities may be allowed to be abandoned in place at the facility owners’ sole expense. However, the owner of the facilities will be financially responsible for the removal of the facilities at any time if:
      1. a. there is a risk to public safety or health;
      2. b. those facilities interfere with any City projects or other users of the right-of-way; or
      3. c. those facilities are exposed due to alteration or work of the subsurface.
    5. 5. Cost of removal or relocation.
      1. a. If the need to remove or relocate a facility is caused directly by development of private property or any project sponsored or funded by a third party (including but not limited to any governmental agency or instrumentality other than the City), and the removal or relocation occurs within the area to be developed, or is made for the benefit or convenience of a third-party, licensee may charge the cost to remove or relocate the facilities to the developer or other third-party. Such costs may include acquiring private rights, permits, and other associated costs that result from the relocation. Licensee will be solely responsible for collecting the costs from the developer or other third-party. For the purpose of this paragraph, the removal or relocation of facilities will be considered “caused directly” by a private development or third-party project if, for example, the removal or relocation is necessary to enable the developer or third party to make any improvements or otherwise satisfy any conditions required under any permit, rule, regulation, or other requirement applicable to the project.
      2. b. If the removal or relocation of facilities is requested by the City for a City-funded project that serves a public purpose (e.g., a street widening project undertaken independently of a project described in Subsection A.5.a.), licensee will remove or relocate its facilities at licensee’s sole expense within a reasonable time as determine by the City.
    6. 6. Vacation; conveyance of right-of-way; condemnation.
      1. a. The City will make a good faith effort to retain public utility easements or otherwise request the petitioner for the vacation to grant an easement to licensee if the City vacates any public right-of-way where licensee has facilities. If the licensee’s facilities must be relocated from a vacated public right-of-way, the licensee will bear the expense of moving the facilities and obtaining alternate rights, permits, or easements.
      2. b. In the event the City conveys, assigns, or transfers title to any property within any right-of-way in which licensee has facilities, as part of said conveyance, the City will make a good faith effort to secure from such transferee an easement or other rights allowing for such facilities to remain in place in a form acceptable to licensee. In the event such facilities must instead be relocated, licensee will bear the expense of relocating the facilities.
      3. c. In the event the licensee has facilities located on any private property that is condemned or otherwise acquired by the City for the purpose of expanding any existing right-of-way or creating any new right-of-way, expenses related to such relocation, including the expense of relocating the facilities and acquiring a new easement or other rights in such form and location as is acceptable to licensee, will be borne by the licensee. In addition, in the event that said facilities remain in place or are relocated within the existing or expanded right-of-way, notwithstanding the terms of Subsection A.5.b., the licensee will be responsible for all related relocation costs, including expense of relocating the facilities and acquiring a new easement or other rights.
    7. 7. Right-of-way use fees for pipeline services.
      1. a. Payers of pipeline service right-of-way fees can fall under three different payment types depending on the service delivered within the City.
        1. (1) Percentage of gross revenue payers. Licensees that provide services to end-use customers (residential and commercial) and earn gross revenues within the City.
        2. (2) Per foot payers. Any licensee that has assets in the right-of-way but does not earn gross revenues from retail service related to those assets within the City.
        3. (3) Interstate pipeline gross revenue payer. This fee methodology applies to interstate common carriers of liquid fuels. The fee for interstate common carrier liquid fuel pipelines will be five percent of the gross revenue derived from the pipeline located within the City multiplied by the pipeline’s length in the City divided by the entire mainline length of the pipeline. Expressed as a formula, the fee is F = .05 x R x C/T, where R is the gross revenue, C is the pipeline’s length in the City and T is the pipeline’s total mainline length.
  2. B. Public telephone services.
  3. 1. At the City's request, any licensee providing public telephone service will:
  4. a. Disable the ability of a specified public telephone to receive incoming calls;
  5. b. Disable the ability of a specified public telephone to process telephone calls made to pagers;
  6. c. Disable the total operation of a specified public telephone on a temporary basis to discourage unlawful activity; or
  7. d. Relocate a specified public telephone on a temporary or permanent basis to discourage unlawful activity.
  8. 2. Removal of public telephones. The City, upon 20 calendar days’ written notice, may require a licensee to remove or relocate any public telephone installed in the right-of-way. A licensee will comply with applicable City Code and regulations to obtain permits and other permissions and may otherwise remove any public telephone after 20 calendar days’ written notice to the City. A licensee may otherwise relocate any public telephones with the City's prior written approval. When any telephone booth installed is removed or relocated, the licensee will restore the location site to a condition satisfactory to the City Administrator. If the licensee fails to remove any public telephone when required to do so, the City may remove the public telephone, restore the affected area, and require the licensee to reimburse the City for its full costs.
  9. C. Telecommunications utility.
  10. 1. Any telecommunications utility using or occupying a street, alley, or highway for other than travel within the City without a franchise for 30 days or longer must pay a right-of-way use fee. The right-of-way use fee will be due and payable so long as the telecommunications utility operates within the City and uses or occupies the City’s streets, alleys, or highways for its telecommunications utility services or equipment.
  11. 2. The right-of-way use fee for telecommunications utilities under this Subsection is seven percent of the telecommunications utility’s gross revenues earned within the corporate limits of the City for each consecutive three-month period. For the purposes of this paragraph, “gross revenues” means all revenues derived from exchange access services, as that term is defined in ORS 221.515, less uncollectibles from such revenues.
  12. D. Electric utilities.
  13. 1. Cost of removal or relocation.
  14. a. If the need to remove or relocate a facility is caused directly by development of private property or any project sponsored or funded by a third party (including but not limited to any governmental agency or instrumentality other than the City), and the removal or relocation occurs within the area to be developed, or is made for the benefit or convenience of a third-party, licensee may charge the cost to remove or relocate the facilities to the developer or other third-party. Such costs may include acquiring private rights, permits, and other associated costs that result from the relocation. Licensee will be solely responsible for collecting the costs from the developer or other third-party. For the purpose of this paragraph, the removal or relocation of facilities will be considered “caused directly” by a private development or third-party project if, for example, the removal or relocation is necessary to enable the developer or third party to make any improvements or otherwise satisfy any conditions required under any permit, rule, regulation, or other requirement applicable to the project.
  15. b. If the removal or relocation of facilities is requested by City for a City-funded project that serves a public purpose (e.g., a street widening project undertaken independently of a project described in Subsection D.1.a.), licensee will remove or relocate its facilities at licensee’s sole expense within the time determine by the City.
  16. 2. Vacation; conveyance of right-of-way; condemnation.
  17. a. The City will make a good faith effort to retain public utility easements or otherwise request the petitioner for the vacation to grant an easement to licensee if the City vacates any public right-of-way where licensee has facilities. If licensee’s facilities must be relocated from a vacated public right-of-way, the licensee will bear the expense of moving the facilities and obtaining alternate rights, permits, or easements.
  18. b. In the event the City conveys, assigns, or transfers title to any property within any right-of-way in which licensee has facilities, as part of said conveyance, the City will make a good faith effort to either:
  19. (1) secure from such transferee an easement or other rights allowing for such facilities to remain in place in a form acceptable to licensee; or
  20. (2) if such facilities are to be relocated, licensee will obtain an easement or other rights, and the expense of relocating the facilities and obtaining such easement or other rights will be borne by licensee.
  21. c. In the event licensee has facilities located on any private property that is condemned or otherwise acquired by City for the purpose of expanding any existing right-of-way or creating any new right-of-way, expenses related to relocation, including the expense of relocating the facilities and acquiring a new easement or other rights in such form and location as is acceptable to licensee, will be borne by licensee. In addition, in the event said facilities remain in place or are relocated within the existing or expanded right-of-way, notwithstanding the terms of Subsection D.1.b., licensee will be responsible for all related relocation costs, including expense of relocating the facilities and acquiring a new easement or other rights.
  22. d. Underground conversion. Licensee will remove and replace overhead facilities with underground facilities at the request of City. Cost responsibility will be allocated in accordance with all applicable Oregon Administrative Rules and a schedule agreed upon by the City and licensee.
  23. e. Termination or abandonment of license. Upon any termination of a license, if the licensee is not engaged in efforts to renew or reapply for a license under this Chapter:
  24. (1) all above ground facilities installed or used by licensee will be removed by licensee at licensee’s expense or, with the City’s approval, de-energized and abandoned in place, and the property on which the facilities were located restored by licensee to the condition it was in before installation; and
  25. (2) all underground facilities installed or used by licensee will be de-energized and abandoned in place.
  26. E.  Wireless communications services.
  27. 1. Licensee will comply with all requirements for wireless communications services facilities adopted by the City.
  28. 2. Radio frequency emission levels. All existing and proposed wireless communications services facilities must comply with the radio frequency emission standards specified in 47 C.F.R. § 1.1310.
  29. 3. Interference. A licensee will install wireless communications services facilities of the type and frequency that will not cause harmful interference that is measurable in accordance with then-existing industry standards to any equipment of the City that is operating within its licensed or unlicensed frequencies, if any. In the event any after-installed wireless communications services facilities cause such interference, and after the City has notified the licensee of such interference by a written communication, the licensee will take all reasonable steps necessary to correct and eliminate the interference, including but not limited to at the licensee’s option powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. If the interference continues for a period in excess of 48 hours following notification, the City may require the licensee to reduce power or cease operations until the licensee can repair the interfering equipment. If, after a period of six months, the utility operator is unable to fully eliminate the interference, the City may require the licensee to relocate the equipment.
  30. 4. No diminution of light, air, or signal transmission by any structure (whether or not erected by the City) will entitle a licensee to any reduction of the fee, or result in any liability to the City.
  31. 5. Cost of removal or relocation.
  32. a. If the need to remove or relocate a facility is caused directly by development of private property or any project sponsored or funded by a third party (including but not limited to any governmental agency or instrumentality other than the City), and the removal or relocation occurs within the area to be developed, or is made for the benefit or convenience of a third-party, the licensee may charge the cost to remove or relocate the facilities to the developer or other third-party. Such costs may include acquiring private rights, permits, and other associated costs that result from the relocation. The licensee will be solely responsible for collecting the costs from the developer or other third-party. For the purpose of this paragraph, the removal or relocation of facilities will be considered “caused directly” by a private development or third-party project if, for example, the removal or relocation is necessary to enable the developer or third party to make any improvements or otherwise satisfy any conditions required under any permit, rule, regulation, or other requirement applicable to the project.
  33. b. If the removal or relocation of facilities is requested by the City for a City-funded project that serves a public purpose (e.g., a street widening project undertaken independently of a project described in Subsection E.5.a.), the licensee will remove or relocate its facilities at the licensee’s sole expense within the time determined by the City in consultation with the licensee.
  34. 6. Vacation; conveyance of right-of-way; condemnation.
  35. a. The City will make a good faith effort to retain public utility easements or otherwise request the petitioner for the vacation to grant an easement to licensee if the City vacates any public right-of-way where the licensee has facilities. If the licensee’s facilities must be relocated from a vacated public right-of-way, the licensee will bear the expense of moving the facilities and obtaining alternate rights, permits, or easements.
  36. b. In the event the City conveys, assigns, or transfers title to any property within any right-of-way in which the licensee has facilities, as part of said conveyance, the City will make a good faith effort to either:
  37. (1) secure from such transferee an easement or other rights allowing for such facilities to remain in place in a form acceptable to the licensee; or
  38. (2) if such facilities are to be relocated, the licensee will obtain an easement or other rights, and the expense of relocating the facilities and obtaining such easement or other rights will be borne by the licensee.
  39. c. In the event the licensee has facilities located on any private property that is condemned or otherwise acquired by the City for the purpose of expanding any existing right-of-way or creating any new right-of-way, expenses related to relocation, including the expense of relocating the facilities and acquiring a new easement or other rights in such form and location as is acceptable to the licensee, will be borne by the licensee. In addition, in the event said facilities remain in place or are relocated within the existing or expanded right-of-way, notwithstanding the terms of Subsection E.5.b., the licensee will be responsible for all related relocation costs, including expense of relocating the facilities and acquiring a new easement or other rights.
  40. d. Termination or abandonment of license. Upon any termination of a license, if the licensee is not engaged in efforts to renew or reapply for a license under this Chapter:
  41. (1) all above ground facilities installed or used by the licensee will be removed by the licensee at the licensee’s expense or, with the City’s approval, de-energized and abandoned in place, and the property on which the facilities were located restored by the licensee to the condition it was in before installation; and
  42. (2) all underground facilities installed or used by the licensee will be de-energized and abandoned in place.
  43. 7. Right-of-way use fees for wireless communications services. Licensees owning wireless communications services facilities in the City’s right-of-way must make annual payments on a per-facility basis and are not subject to multiple utility service fees charged for the same utility facilities.  Fees can fall under one of the two following categories, depending on the type of facility installed within the City’s right-of-way;
  44. a.  Small wireless facility; or
  45. b.  Macro wireless facility.

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