19-03 RESOLUTION 19-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO ESTABLISHING FEES AND
MINIMUM INSURANCE LIMITS FOR UTILITIES OPERATING IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, The City of Lake Oswego has constitutional and charter authority to manage its rights-
of-way; and
WHEREAS, on January 2nd, 2019 the Lake Oswego City Council adopted Ordinance No. 2804,
which is codified as Lake Oswego Code Chapter 51, and which regulates utilities operating in the
City's rights-of-way and exercises the City's authority to secure compensation to the City and its
residents for utility use of the rights-of-way; and
WHEREAS, Chapter 51 provides that the City Council shall by resolution establish a registration
fee, license application fee, minimum insurance limits, and a rights-of-way fee for utility facilities
within the public right-of-way; and
WHEREAS, the City of Lake Oswego Wireless Facilities in the Public Rights-of-Way Policy provides
that the City Council shall by resolution establish wireless facility permit fees, attachment fees,
pre-application meeting fees, and pole knock-down fees;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The right-of-way fee established per LOC 51.01.130 shall be as follows, to the extent
permitted under applicable law:
Utility Service Annual Rights-of-Way Usage Fee
Electric 5% of gross revenue
Natural Gas 5%of gross revenue
Cable 5% of gross revenue, or maximum amount permitted by applicable
law.
Communications 5% of gross revenue, $3.00 per linear foot of utilities in the rights-of-
way, or a minimum annual fee of $5,000, whichever is greater; or
maximum amount permitted by applicable law.
The per-linear-foot fee and the minimum fee shall increase 3%
annually on January 1st of each year, beginning January 1, 2020
Any utility operator that Based on Total Linear Feet of Utility Facilities in the Rights-of-Way:
does not earn gross
revenue within the City. Up to 5,000: $6,000
5,001-10,000: $8,000
10,001-20,000: $12,000
More than 20,000: $17,000
The minimum fee shall increase 3% annually on January 1st of each
Resolution 19-03
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year, beginning January 1, 2020.
Water 0%
Stormwater 0%
Sewer 0%
"Gross Revenue" means any and all revenue, of any kind, nature or form without deduction for
expense, less net uncollectables, derived from the operation of utility facilities in the City, subject
to all applicable limitations in federal or state law.
Section 2. The Rights-of-Way License Application fee established per LOC 51.01.070 shall be
$250.00 for a five year license.
Section 3. The annual registration fee established per LOC 51.01.060 shall be $150.00.
Section 4. Attachment fees per the City of Lake Oswego Wireless Facilities in Public Rights-of-
Way Policy shall be as follows,to the extent permitted under applicable law:
Type of Fee Fee Amount
Wireless Facility permit fee, charged for each wireless facility $860.00 per application
application submitted to the City
Additional attachment fee, if placed on City owned pole $750.00 annually
Additional fee for optional permit pre-application meeting 1 $460.00 per occurrence
Additional fee for knockdown of any pole with wireless facility $380.00 per occurrence
attachment
All fees shall increase 3%annually on January 15t of each year, beginning January 1, 2020.
Section 5. The minimum insurance limits that must be maintained by all utility operators per
LOC 51.01.150 shall be as follows:
A. Comprehensive general liability insurance with limits not less than:
a. Three million dollars ($3,000,000.00) for bodily injury or death to each person;
b. Three million dollars ($5,000,000.00) for property damage resulting from any
one accident; and
c. Three million dollars ($3,000,000.00) for all other types of liability.
B. Motor vehicle liability insurance for owned, non-owned and hired vehicles with a limit
of one million dollars ($1,000,000.00) for each person and three million dollars
($3,000,000.00) for each accident.
C. Worker's compensation within statutory limits and employer's liability with limits of not
less than one million dollars ($1,000,000.00).
Section 6. Effective Date. This Resolution shall take effect on January 14th, 2019.
Considered and adopted at the regular meeting of the City Council of the City of Lake Oswego on
the 2nd day of January, 2019.
Resolution 19-03
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AYES: Mayor Studebaker, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff, Manz
NOES: None
EXCUSED: None
ABSTAIN: None
Kent Studebaker, Mayor
ATTEST:
a `Y1 fie, !�
Anne-Marie Simpson, City Recorder
APP VED AS TR FOR •
David D. Powell, City Attorney
Resolution 19-03
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