190703

The City of Portland ordains:

Section 1.  The Council finds:

1. The Office for Community Technology (OCT) has typically granted individually negotiated franchises to each utility operator using the City’s right-of-way to provide utility service. OCT has determined it can more effectively, efficiently, fairly, and uniformly manage the City’s right-of-way and provide consistent standards for utility use of the right-of-way through a uniform code rather than franchises. 

2. The new code is anticipated to be effective January 1, 2023.   

3. Until the new code is effective, certain utility operators need temporary authority to access the right-of-way. A letter agreement with terms similar to the proposed code, and which automatically terminates on the date the code becomes effective, meets the utility operators’ needs and manages the City’s risk until the new code is in place.

4. Portland City Code Chapter 3.114 does not reflect OCT’s relatively new status as an independent bureau. Consequently, the OCT Director lacks code authority to sign letter agreements on behalf of the city.

NOW, THEREFORE, the Council directs:

1. The OCT Director is authorized on behalf of the city to sign letter agreements in a form similar to Exhibit A that grant access to the public right-of-way.

Section 2.  The Council declares that an emergency exists because certain utility operators have requested authorization to access the right-of-way and a delay would interrupt the operators’ access; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.