Chapter 13.25
NONFRANCHISED UTILITIES
Sections:
13.25.010 Extension of services prohibited.
13.25.020 Application for permit.
13.25.030 Council approval required.
13.25.040 Indemnification required.
13.25.070 Relocation of facilities.
13.25.110 Unpaid utility charges a lien.
13.25.010 Extension of services prohibited.
Any public utility operating within the City of Monmouth without a franchise from said City shall be prohibited from extending its services or facilities without first having obtained a permit for such extension from the City Manager as provided in MCC 13.25.010 to 13.25.100. (Ord. 505, § 1. Code 1983 § 73.110.)
13.25.020 Application for permit.
All applications for permits for the extension, modification, installation or alteration of any service or facilities by any public utility shall be made upon forms to be prescribed by the City Manager with the approval of the City Council. (Ord. 505, § 2. Code 1983 § 73.120.)
13.25.030 Council approval required.
The City Manager shall refrain from issuing a permit to any applicant until he shall have submitted the same to the City Council together with such plans, specifications and estimates of costs as they may require and shall have received the approval of the City Council to the issuance of such permit; provided, however, that the Council may furnish to the City Manager certain fixed policies embodying the conditions upon which the City Manager may be authorized to issue a permit without submitting the same to the City Council. (Ord. 505, § 4. Code 1983 § 73.130.)
13.25.040 Indemnification required.
Prior to the issuance of any permit by the City Manager, he shall obtain from the utility making an application therefor an agreement to indemnify the City for all damage to City property or facilities and an agreement to indemnify and save the City harmless from the claims and demands of any and all third parties for personal injury and/or property damage caused directly or indirectly as a result of the work proposed and performed by the applicant. (Ord. 505, § 5. Code 1983 § 73.140.)
13.25.050 Fee.
All applications for permits shall be accompanied by a fee equal to 10 percent of the cost of the proposed extension, alteration, modification or installation; provided, that the estimate of said work to be done shall be in excess of $1,000; and provided further, that no fee will be required in the event that such work shall be estimated to be in a sum of less than $1,000. (Ord. 505, § 3. Code 1983 § 73.150.)
13.25.060 Annual fee.
All public utilities operating within the City of Monmouth without a franchise shall pay to the City an annual fee, which shall be payable on or before the fifteenth day of March of each year, equal to three percent of its gross receipts obtained from its subscribers and customers residing within the City of Monmouth, Oregon. (Ord. 505, § 8. Code 1983 § 73.155.)
13.25.070 Relocation of facilities.
Any public utility operating within the City of Monmouth without a franchise from said City shall relocate their facilities upon 10 days’ written notice given by the City of Monmouth pursuant to a determination by the City Council that said relocation is necessary in order to accommodate City improvements of any nature. In the event that the public utility shall not comply with said notice within the prescribed time, the City may, at its discretion, remove such facilities and charge the costs of such removal or relocation to the utility owning the same. The time allowed for relocating as prescribed herein may be extended upon a showing by the public utility of the necessity for such extension, said extension to be given at the discretion of the City Manager. (Ord. 505, § 6. Code 1983 § 73.160.)
13.25.080 Poles prohibited.
No poles or supporting structures of any type owned by any public utility furnishing power or communications shall be placed within the City of Monmouth without the prior consent of the City Council being obtained. (Ord. 505, § 9. Code 1983 § 73.170.)
13.25.090 City to own poles.
It is hereby declared to be the policy of the City of Monmouth to own all poles and supporting structures for the support of power and communication lines located within the City of Monmouth. (Ord. 505, § 9. Code 1983 § 73.175.)
13.25.100 Penalties.
Any person, company or corporation violating any of the provisions of MCC 13.25.010 to 13.25.100 shall be punished, upon the conviction thereof, by a fine of not to exceed $500.00. Each 24-hour period that a person, company or corporation operating a utility herein referred to shall be in violation of any of the provisions of MCC 13.25.010 to 13.25.100 shall constitute a separate and distinct violation of MCC 13.25.010 to 13.25.100 and be punishable in accordance herewith. (Ord. 505, § 10. Code 1983 § 73.195.)
13.25.110 Unpaid utility charges a lien.
All electrical, water and sewer charges delinquent for a period of 60 days shall be a charge upon and a lien against each lot or parcel of land or other property served, whether within or without the limits of this City, and shall be collected as other liens of the City are enforced. (Ord. 622, § 1. Code 1983 § 73.210.)