RESOLUTION No. 36212

Direct the Office of Sustainable Development and the Office of Cable Communications and Franchise Management to prepare a proposed franchise agreement with Portland General Electric in coordination with the City Attorney Office, Transportation and other bureaus (Resolution)

WHEREAS, Portland General Electric is successor in interest to five separate franchises dating from the 1880s and 1890s; and

WHEREAS, the continuing legal validity of these franchises is in question; and

WHEREAS, regardless of their legal status, these franchises are archaic and poorly suited to the contemporary issues that arise between a utility and municipality; and

WHEREAS, Portland General Electric has agreed that it is in the public interest to commit to developing a new, modern franchise agreement with the City of Portland; and

WHEREAS, a franchise should clearly delineate the rights and responsibilities of both Portland General Electric and the City of Portland and ensure that the interests of the citizens of Portland are protected; and

WHEREAS, a franchise would resolve the uncertainties surrounding existing claims of right; and

WHEREAS, Portland General Electric has generally cooperated with the City of Portland in the past; and

NOW THEREFORE, BE IT RESOLVED, that the Portland City Council directs the Office of Sustainable Development and the Office of Cable Communications and Franchise Management to prepare a proposed franchise agreement with Portland General Electric in coordination with the City Attorney's Office, the Office of Transportation, and other city bureaus for presentation to the City Council.

           GARY BLACKMER

           Auditor of the City of Portland

           By /S/ Susan Parsons

           Deputy  

Adopted by the Council: May 05, 2004

Mayor Vera Katz        

Prepared by: David Olson/ss

April 26, 2004        

BACKING SHEET INFORMATION

AGENDA NO. 469-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36212