On the agenda: North Plains Agenda Document — Flock Camera (Nov 16)

City of North Plains
Agenda
City Council Meeting
Monday, November 16, 2026
Business Meeting - 7:00 pm
Jessie Mays Community Center
and also via ZOOM
Join Zoom Meeting
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Page
1.

CALL TO ORDER

2.

PLEDGE OF ALLEGIANCE

3.

ROLL CALL

4.

CONSENT AGENDA:
7:05pm - 7:10pm
A.

5.

Approval of November 2, 2026, City Council Minutes.
□ 11 - City Council - 02 Nov 2026 -- Minutes

4 - 11

PUBLIC COMMENT:
7:10pm - 7:20pm
Persons wishing to speak on matters not on the agenda may be recognized at this
time. The public comment period is a limited public forum and comments are therefore
appropriately limited to matters of City concern, official action, or other matters that
may come before the City Council.
Written comment in advance of the meeting is welcome and should be emailed to
[email protected]. An individual or community group that wishes to provide
public comment virtually must register with the City Recorder by 3:00 pm the
day of the meeting and provide their name, address, email, phone, and a general
topic.
A.

6.

Roger Newton - North Plains resident, written comment submitted.
□ Newton - Letter to North Plains City Council Nov 12

12

STAFF REPORTS
7:20 pm - 7:30 pm
A.

Library Department Monthly Report
□ Staff Report - Library - 11.16.2026

B.

Communications & Programs Monthly Report
□ Staff Report - Comms & Programs

NORTH PLAINS CITY COUNCIL MEETING AGENDA PACKET
Monday, November 16, 2026
Page 1 of 140

13 - 17
18

7.

8.

9.

10.

C.

Police Department Monthly Report
□ Staff Report - Police - 11.16.2026

19

D.

Public Works Monthly Report
□ Staff Report - Public Works - 11.10.2026

20

E.

Community Development Monthly Report
□ 2026-11-16-NP City Council Update from 3JC

21 - 23

F.

Finance Department Monthly Report
□ 2026-11 November Finance Department Monthly Report as of September
30 2026

24 - 32

UNFINISHED BUSINESS:
7:40 pm - 8:00 pm
A.

Resolution No. 2372 - MACC / Comcast Agreement
□ Res. No. 2372 - MACC - Comcast Agreement - Staff Report
□ Res. No. 2372 - MACC - Comcast Franchise Agreement 2026 with Ex A

33 - 106

B.

2027 Legislative Priorities
□ Council Report on Legislature
□ 2027 Legislative Priorities

107 - 110

C.

Status - Mayor Selection

D.

Relinquishing the local Main Street designation by city
□ Main Street Program

E.

Quarterly Calendar Update
City Council, Planning Commission, EDC

111 - 113

NEW BUSINESS:
8:10 pm - 8:25 pm
A.

WCCLS Collections MOU
□ WCCLS Collection MOU Staff Report
□ WCCLS collections MOU November 2026

114 - 134

B.

Authorizing the hiring of a municipal financial consultant
□ Council report on Finance director

135 - 136

REPORTS
8:25 pm - 8:30 pm
A.

City Manager Report - verbal

B.

Council Reports

C.

Review December 2026 Council Calendar
□ 2026 December Calendar of All Monthly Meetings
□ 2026 Calendar of All NP City Meetings & Ex Officio Duties
□ 2026 Council Committee Appointments
□ 2027 Council Committee Appointments

ADJOURNMENT:

NORTH PLAINS CITY COUNCIL MEETING AGENDA PACKET
Monday, November 16, 2026
Page 2 of 140

137 - 140

*****
North Plains City Council meetings are accessible for disabled individuals. The City will also endeavor to
provide services for persons with impaired hearing or vision and other services, if requested, at least 48 hours
prior to the meeting. To obtain services, please call City Hall at (503) 647-5555
*****
The following City Council Meetings are scheduled to be held at:
Jessie Mays Community Center - 30975 NW Hillcrest Street North Plains, OR
The meetings will be held on the following dates at 7:00 p.m.:
Monday, XX, 2026
Monday, XX, 2026
Monday, XX, 2026
Join Zoom Meeting
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NORTH PLAINS CITY COUNCIL MEETING AGENDA PACKET
Monday, November 16, 2026
Page 3 of 140

MINUTES
City Council Meeting
Monday, November 2, 2026 - 7:00 PM
Jessie Mays Community Center
and also via Zoom

COUNCIL
MEMBERS:

Mayor - Vacancy, Councilors Mark De Forge, Trista Ugarte, Jason
Ruston, Mike Shurts, Anna Warrington, Don Weber,

STAFF PRESENT:

Interim City Manager Paul Koch, City Recorder Lori Lesmeister,
Deputy Vance, Programs & Communications Supervisor Karli
Wrobel, City Attorney Emily Matasar (via Zoom)

OTHER:

1

WORK SESSION - 6:00 PM
*Note - Work Sessions now have a separate Zoom login from Business Meeting
Join Zoom for Work Session:
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Meeting ID: 890 8604 9926
Passcode: 920752

Work Session Topic
a)

2026-27 Council Agendas

2

CALL TO ORDER at 7:04 pm

3

PLEDGE OF ALLEGIANCE

4

ROLL CALL
a)

Page 4 of 140

All Councilors in attendance.

City Council Meeting Minutes
November 2, 2026
5

CONSENT AGENDA:
7:05pm - 7:10pm
a)

Approval of June 15, 2026, City Council minutes

b)

Approval of July 6, 2026, City Council minutes

c)

Approval of July 20, 2026, City Council minutes

d)

Approval of July 31, 2026 City Council Special Session minutes

e)

Approval of August 11, 2026, City Council Special Session minutes

f)

Approval of August 20, 2026, City Council Special Session minutes

g)

Approval of August 26, 2026, City Council Special Session minutes

h)

Approval of September 8, 2026, City Council minutes

i)

Approval of September 21, 2026, City Council minutes

j)

Approval of October 5, 2026, City Council minutes
Brought back with correction noted on TGM Grant discussion

k)

Approval of October 14, 2026, City Council Special Meeting minutes

l)

Approval of October 19, 2026, City Council Minutes
Motion to approve the Consent Agenda
Moved by Councilor Weber. Second by Councilor Ugarte.
Motion was approved unanimously.

6

PUBLIC COMMENT:
7:10pm - 7:20pm
a)

7

Stewart King - North Plains resident and Chair of the North Plains Planning
Commission, spoke in defense of the Planning Commission, taking issue with
statements made by Emily Walton at the October 21, 2026, City Council meeting,
whom Mr. King characterized as misrepresenting the Planning Commission's
willingness to engage. Mr. King cited prior written communication offering to meet
with Emily Waldron as evidence that the Planning Commission had not been
unresponsive.

PRESENTATION:
7:20pm - 7:40pm
a)

County Commission Vice-Chair Jerry Willey - Annual Update
Washington County Commissioner Jerry Willey, representing District 4 and serving
as Acting Chair of the County Commission, provided his semi-annual update to the
Council. He noted this would be his final presentation, as he has chosen not to seek
reelection and has approximately two months remaining in his term.
Commissioner Willey highlighted several key topics. He reported that the county
approved a $2.1 billion budget in June, though he emphasized that the vast majority

Page 5 of 140

City Council Meeting Minutes
November 2, 2026
of those funds are restricted and not available for general operations. He also
described the restructuring of the former Citizen Participation Organization (CPO)
program into a new initiative called SPARC — Strengthening Participation and
Reaching Communities — which will be organized by district. The first District 4 and
District 2 SPARC meetings are scheduled for December 10th and will be available
via Zoom.
Commissioner Willey acknowledged the September resignation of former
Commission Chair Katherine Harrington, leaving him in the interim chair role until
January 5th. He noted that the results of that evening's election would determine the
composition of the incoming commission.
Regarding public safety, he outlined the county's plans to explore expansion of the
Washington County Jail, which he described as the second smallest per capita in
Oregon. He noted that required weekly releases number in the hundreds due to
capacity constraints. The expansion project, overseen by Chief Deputy Jim Wheaton
and Interim Director of Community Corrections Caitlin Barrows, is projected to be a
long-term effort, potentially targeting a 2030–2031 completion. Commissioner Willey
also noted that significant ARPA funds had already been spent to improve the
existing jail's HVAC, water, and kitchen systems. He further referenced plans for
eventual courthouse expansion, supported by a $1.25 million legislative grant, and
noted that both facilities would need to remain in proximity for operational reasons.
On the topic of data centers, Commissioner Willey reported that the County formally
adopted a data center resolution on October 27th, expressing support for the state's
data center advisory committee process and endorsing temporary moratoriums in
jurisdictions where a pause on standalone data center development is warranted.
He concluded by urging the Council to finalize outstanding documents related to the
city's $1 million EPA Brownfield grant, noting that deadlines were approaching.
Councilor Trista Ugarte raised concerns about the jail expansion plan in the context
of ongoing staffing shortages, questioning how additional beds could be sustained
given that the county has faced budget cuts in seven of the past eight years.
Commissioner Willey acknowledged the staffing challenge as a critical component of
the planning and cited the upcoming ESPD levy renewal as an important element of
the long-term funding strategy. Commissioner Willey was asked about a property
purchase near Highway 26 and Glencoe, and he confirmed the county had entered a
purchase agreement, with the site intended for a Land Use and Transportation
operations facility that would improve response times across the region.
8

NEW BUSINESS:
7:40pm - 7:45pm
a)

Page 6 of 140

Parks & Recreation Board Recommendation to fill vacancy
There has been a vacancy on the Parks & Recreation Board since early Spring. The
vacancy was posted on the city website as well as the standard places around town.
The Board had a meeting in June, but had not received any applications at that time.
The vacancy was still posted, even though no Parks & Rec Board meetings were
held in July, August, or September. The city received one application prior to the
October meeting. The board members interviewed the applicant and are now making
the recommendation to the City Council that the applicant, Marianne Vanderveldon,
be appointed to fill the vacancy through June 30, 2027.

City Council Meeting Minutes
November 2, 2026
Interim City Manager Paul Koch introduced the item, noting that the Parks &
Recreation Board vacancy had been posted since early spring and that one
application had been received. The Board interviewed the applicant and
recommended appointment of Marianne Vanderveldon to fill the vacancy through
June 30, 2027.
Ms. Vanderveldon was present and briefly addressed the Council, noting she had
already begun reviewing the 2018 Parks Master Plan and expressed enthusiasm for
contributing to recreational planning. She observed that, given the plan was drafted
in 2018, it would likely be due for update within a few years.
Move to appoint Marianne Vandervelden to the North Plains Parks & Recreation
Board for a term through June 30, 2027
Moved by Councilor Weber. Second by Councilor Ruston.
Motion was approved unanimously.
9

UNFINISHED BUSINESS:
7:45pm - 8:20pm
a)

Tom Holt, City Lobbyist - Discussion to develop the City's 2027 Legislative
Priorities
7:45pm - 8:15pm
https://www.orcities.org/resources/communications/bulletin/loc-board-adopts-202728-legislative-agenda
City Lobbyist Tom Holt, who has represented North Plains in the Oregon Legislature
for nearly four years, led the Council through a discussion on developing legislative
priorities for the 2027 session. Also present was Representative Darcy Edwards.
Mr. Holt opened with an overview of the legislative process, noting that Oregon's long
session runs for approximately six months beginning in mid-January of oddnumbered years, while the short session spans roughly five weeks in February and
March of even-numbered years. He emphasized that nearly all substantive legislation
must be pre-session filed, with bill draft requests submitted the prior fall. He advised
the Council to think in two-to-three-year implementation timelines, as enacted
legislation typically requires subsequent rulemaking and local adoption before
producing on-the-ground results.
Mr. Holt summarized prior work done on behalf of North Plains, including efforts that
led to the creation of the Industrial Site Readiness Fund for infrastructure — a tool
that took three legislative sessions to establish and fund — and the passage of a bill
updating the city's status as Oregon's only municipality entirely within an e-commerce
zone, a designation originally authored by former Representative Bruce Starr.
Looking ahead to the 2027 session, Mr. Holt flagged several anticipated policy areas:
a transportation funding package (with the attendant risk of changes to the current
50/30/20 state/county/local gas tax split), continued infrastructure funding, data
center regulation stemming from the Governor's executive order, and capital
appropriations requests. He cautioned the Council that the upcoming session would
likely be fiscally constrained due to a flat economy and anticipated Medicaid-related

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City Council Meeting Minutes
November 2, 2026
impacts on the state budget, and recommended modest, specific capital requests
rather than large, unfunded asks.
The Council then engaged in a broader discussion of potential priorities. Several
areas of agreement emerged:
●Library/Civic Center Project: The proposed civic center and library complex,
supported by a $1 million USDA grant, was broadly acknowledged as a top capital
priority. Mr. Holt noted that a Ways and Means appropriations request would require
a concise description of the project, total budget, existing committed funding, and the
city's own contribution. He suggested the request be framed in six figures rather than
seven, given the fiscal environment, and stressed that Representative Edwards and
the incoming senator would need to be briefed and comfortable with the ask prior to
or very early in session.
●Glencoe Brownfield Cleanup: The $1 million EPA Brownfield grant for soil
remediation at the Glencoe property was identified as a high priority. Interim City
Manager Koch noted the city was in the final stages of completing required
documentation and would be recommending a sole provider to oversee the cleanup.
Mr. Holt noted the importance of the state's complementary infrastructure grant, also
pending.
●Transportation and Infrastructure around Glencoe: Councilor Weber and Councilor
Shurts both emphasized the need for transportation planning as the Glencoe
property redevelops, citing traffic access as a critical issue. Councilor Ugarte clarified
with Mr. Holt those requests involving county-owned roads, such as Glencoe Road
and West Union, would not be appropriate for city-level lobbying efforts. Mr. Holt
confirmed this, noting those would need to be coordinated with the county. Councilor
Shurts raised the possibility of a future interchange at Gordon Road over Highway 26
to provide an additional access point to town. Mr. Holt acknowledged this as a
worthwhile long-term objective but advised the Council to focus near-term asks on
more immediately achievable items, noting that any new interchange — if ODOT
were even supportive — would likely be a decade-long endeavor.
●Jessie Mays Community Center: Councilor Weber proposed enhancements to the
Jessie Mays Community Center as a complementary capital priority, noting the
recent hiring of a recreation staff member, the new roof, and the availability of
potential Urban Renewal Agency matching funds. Councilor Ugarte urged the Council
to clearly prioritize the library/civic center project before expanding focus to Jessie
Mays, cautioning against sending a mixed message on the city's top ask.
●Downtown Historic Preservation: Interim City Manager Koch suggested the Council
also consider including downtown historic preservation as a legislative priority,
bringing the preliminary list to five items.
●Data Center Policy: Councilor Ugarte asked Mr. Holt whether the city should invest
staff resources in developing a local data center ban at this time. Mr. Holt
recommended waiting for the Governor's advisory group report and anticipated
legislative bill before taking local action, noting the issue is primarily being handled at
the state level and that acting prematurely could result in a local ordinance that is
inconsistent with forthcoming state policy.
The Council reached general consensus to defer final prioritization of the five
identified items — the library/civic center, Glencoe brownfield/infrastructure, Jessie
Mays enhancements, transportation improvements, and downtown historic
Page 8 of 140

City Council Meeting Minutes
November 2, 2026
preservation — to Interim City Manager Koch and Mr. Holt, who agreed to refine and
rank the list and return it to the Council for formal adoption at a subsequent meeting.
b)

Presentation - Councilor Shurts - regarding Flock Cameras
8:15pm - 8:20pm
Councilor Shurts presented concerns regarding Automated License Plate Reader
(ALPR) technology, commonly associated with the brand Flock Safety. He cited
growing incidents of misidentification, potential for data misuse by outside agencies,
data retention and sale practices, and civil liberties implications, advocating for a
proactive prohibition on such technology within the City.
The Council discussion reflected broad caution but ultimately concluded that no
immediate action was necessary. Councilor Ugarte noted that Oregon Senate Bill
1516 and anticipated 2027 legislative action were already addressing this issue at
the state level, and that Washington County had recently moved to prohibit Flock
cameras county-wide. No current proposals to introduce ALPR technology in North
Plains were identified. Councilor Ruston and others expressed preference for
awaiting state legislative direction before enacting a local ordinance, to ensure any
local policy would be compliant. Councilor Warrington noted the need to better
understand the technical distinctions among various ALPR platforms before taking a
position.
The Council reached general consensus to monitor the issue and request a legal
opinion from the City Manager regarding whether any entity could currently install
such technology without City authorization.

10

REPORTS
8:20pm - 8:30pm
a)

City Manager Report - verbal
Interim City Manager Paul Koch provided the following updates:
●The deadline for applications for the new City Manager position is November 22nd.
●The city is in the final stages of completing documentation required to secure the $1
million EPA Brownfield grant for the Glencoe property, including correcting outdated
entity names and reacquiring a federal ID number. Tom Holt's office has been
instrumental in completing this process.
●Staff is continuing efforts to engage the city's urban renewal consultant to begin
work on pending grant and urban renewal projects.
Councilor Ruston asked about the circumstances that led to the grant nearly being
lost, noting that the city had made considerable effort to apply for the grant and that
allowing it to lapse would have been a significant failure. Interim City Manager Koch
explained that the EPA was pushing to disburse the funds, and that internal review
revealed outdated information — including incorrect entity names and a lapsed
federal ID number — that had to be corrected. He acknowledged that closer ongoing
monitoring of time-sensitive grant milestones was needed.
Councilor Ruston asked whether there were systemic issues the incoming City
Manager should address, such as a contract management system, to prevent similar
lapses. Interim City Manager Koch agreed that this was a valid concern and
suggested the new City Manager establish regular check-in meetings to track

Page 9 of 140

City Council Meeting Minutes
November 2, 2026
outstanding priorities, and that the Council itself be disciplined in budget-setting by
explicitly prioritizing a manageable number of projects rather than adding new
initiatives without retiring others.
Councilor Shurts asked for an update on the contractor tasked with removing the
houses at the Glencoe property. Interim City Manager Koch reported that no start
date had been confirmed, noting the contractor has encountered cost challenges. He
stated the city intends to return to the Urban Renewal Agency board for additional
funds so that all structures can be removed and committed to providing the Council
with a date as soon as it is known.
b)

Council Reports
Councilor Weber reported attending numerous Halloween-related community events
throughout the week of October 31st, noting it was a vibrant time in North Plains for
families and children.
Councilor Ruston reported no ex officio duties since the last meeting and noted he
would be attending the Economic Development Committee on Wednesday.
Councilor De Forge reported attending a Strong Towns meeting where the topic of
grocery stores was discussed, including interest in a potential co-op model for North
Plains similar to the Hillsboro co-op. He also raised the issue of mature trees on the
Glencoe property, recommending that staff proactively communicate with the
community regarding the condition and planned fate of significant trees prior to any
removal, in order to avoid community concern.
Councilor Ugarte thanked city staff, specifically City Recorder Lori Lesmeister and
Colleen Resch, for their work on the meeting minutes. She acknowledged Deputy
Vance's presence and offered a brief reflection on the importance of community unity
ahead of election day. She also raised a matter she described as wanting to address
transparently: a social media post referencing a police report regarding a trespassing
incident involving two members of the North Plains City Council. She stated she
wanted to hear from Councilor Weber and Councilor Warrington regarding the
incident before drawing any conclusions, noting her belief in hearing all sides of a
matter.
Councilor Warrington reported attending a meeting at City Hall on October 19th with
the executive from Prothman regarding the City Manager search, which she
described as productive. She also noted that Library Supervisor Jason Crane had
recently attended the Association of Rural and Small Libraries conference in
Montgomery, Alabama, where topics included disaster preparedness, book club
management, and library safety, as well as a fundraising concept involving a rockand-roll bingo event. She noted upcoming holiday programming at the library.
Councilor Warrington also confirmed she is available for her ex officio assignment to
the Planning Commission meeting that has been moved to November 18th due to the
Veterans Day holiday on November 11th.
Councilor Shurts reported attending the Boo Bash event at the food bank, describing
it as well attended and a positive community event.

c)

Review November 2026 Council Calendar
City Recorder Lori Lesmeister noted that the Planning Commission meeting originally
scheduled for November 11th has been moved to November 18th due to Veterans

Page 10 of 140

City Council Meeting Minutes
November 2, 2026
Day. She confirmed that the rescheduled meeting does not conflict with the Library
Board meeting, as that body meets at the old city hall. The updated calendar and
packet will be distributed the Thursday prior to the meeting.
11

ADJOURNMENT: 8:44 pm

, Mayor

Lori Lesmeister, City Recorder

Page 11 of 140

Date Approved ________________

Subject: Opposition to transitioning of City's existing Main Street Network to North
Plains Business Alliance
Dear North Plains City Council,
My schedule prohibits my attendance at tonight's meeting, but I wanted to provide my
prospective on this important topic.
I was recently made aware that a new organization called the North Plains Business
Alliance has a desire to participate in the Oregon Main Street Network for North Plains. I
have worked with the Hillsboro Downtown Partnership who participates in this Hillsboro,
and I am more familiar than most people with this wonderful program.
My residency in North Plains began in 2003, and we have seen many groups, residents,
employees, and elected city officials come and go over this time. The North Plains
Business Alliance may, or may not be another one them that does not stick it out for
better or for worse.
I don't know much about the North Plains Business Alliance, and therefore I do not oppose
or suport them. Their website states that they were founded in 2026 and that membership
is free. I am against turning over the reins to this important program to a newly formed
entity with no track record.
We can all agree that our wonderful city is in a period of change. We have newly elected
leaders. Soon we will have a new hired city manager, and most of the leadership staff in
City Hall will be new. Please take prudent action, and put the brakes on changing the
Main Street program until the city has a chance to stabalize, and also evaluate the
perfomance of the North Plains Business Alliance. This will also give city staff time to
research the requirements and benefits of the Main Street program and report to Council
before making such a big decision that affects North Plains.
Roger Newton
North Plains Resident

Page 12 of 140

Date: November 16, 2026
To: North Plains City Council
From: Brianna Sowinski, Interim Library Manager
Subject: November Staff Report - Library
November Circulation increased 8.1% over October 2025.
Friends of the Library Annual Holiday Craft Fair Proceeds from this fundraiser help support the
North Plains Public Library. Proceeds support the North Plains Public Library. Support us by:
Donate: Handmade crafts, holiday décor, seasonal items, and other quality goods are welcome.
Drop off donations at the library annex or Friends Corner Bookshop (Wed. & Sat., 11–3). Email
[email protected] for other options.
Volunteer: Help price, set up, or staff the sale! We need help on Saturday, December 5, and during
extended bookshop hours. Email [email protected] to sign up.
Shop: December 7–19! Shop during regular library hours or visit the Friends Corner Bookshop during
extended holiday hours, Wednesday–Saturday.
Wreath Workshop The library is offering back-to-back Wreath Workshops on Thursday, December
10th at the North Plains Senior Center. The first session is a Volunteer Appreciation event for Library
volunteers. Community members are invited to attend the fun from 5-6:30p.m. Registration is
requested at wccls.org
Lights, Camera, Action! We've been busy behind the camera! Our Banned Books Week social media
reel went viral, generating 56,318 views, 283 shares, and 2,218 reactions. Library Assistant Kai
Wigen created the video, showcasing the library's commitment to intellectual freedom and the right
to read. Staff also recently interviewed adults who attend our Storytime in preparation for Early
Literacy Specialist, Emily West’s presentation, which was featured on November 6 as the opening
keynote for Colorado Libraries for Early Literacy. We're excited to see NPPL's early literacy work
recognized beyond our local community!
Happy Retirement to Library Staff Member Sheila Nelson! Sheila started volunteering in the library
“annex” at the Jessie Mays Community Center in 2003. In 2012 she accepted a part-time Library
Assistant I position and was later promoted to Library Assistant II. Sheila has agreed to be available
on call through 2026 and continues to be an active Friends of the Library Board Member. Thank you,
Sheila, for the years of dedicated and exceptional library service for the North Plains Community!

Page 13 of 140

2026

NORTH PLAINS PUBLIC LIBRARY
MONTH-AT-A-GLANCE

OCTOBER
COLLECTION

8,476

BORROWED FROM
OUR LOCATION:

SAME MONTH, LAST
YEAR:

7,839

Same Month, Last Year

Checkouts: Last Twelve Months
9000

10,000

8000

8,000

7000

6,000

6000

4,000
2,000

5000

0

NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT

Oct-26

2025-2026

Holds Sent

Holds Received

5,383

4,882

Oct-25

USAGE AND PATRONAGE

OPEN HOURS:

233

VISITORS:

3,413

SAME MONTH, LAST YEAR:

3,152

NEW PATRONS

18
ITEMS BORROWED
FROM THE NPPL
COLLECTION:

8,307

HOURS OF FREE
COMPUTER AND INTERNET
ACCESS:

739

PARTICIPATION
PROGRAMS

BOOK BABIES

PRESCHOOL STORYTIME

# OF SESSIONS

8

5

4

ATTENDEES

41

172

133

THIS MONTH
SAME MONTH, LAST YEAR

Page 14 of 140

VOLUNTEER HOURS

STAFF HOURS

128

1,036

123

917

NORTH PLAINS PUBLIC LIBRARY

as of November 1, 2026

BUDGET - BIENNIUM 2025-2027
455-000-x
499000

FUND BALANCES AND REVENUES

2025-2027

Library Department Fund Balance

$250,456.00

Elapsed weeks:

70

YTD

Targets

439000

WCCLS Disbursements

$721,616.00

$465,616.00

N/A

450455

Fines and Fees

$2,000.00

$1,704.97

$1,346.15

431002

Restricted Grants & Donations

$35,000.00

$5,375.00

$23,557.69

464455

Friends of the Library Disbursements

$20,000.00

$17,475.00

$13,461.54

464460

Unrestricted Donations

$2,200.00

$828.08

$1,480.77

464900

Fundraising

$2,200.00

$24.00

$1,480.77

Interest

$10,018.00

$6,742.88

$6,742.88

TOTAL REVENUE NOT FROM GENERAL FUND
GENERAL FUND REVENUE
REVENUE TOTAL

$793,034.00
$995,257.00
$1,788,291.00

$32,149.93

N/A

% FROM GF:

55.65%

2025-2027

YTD

Targets

Salaries
Hourly
Employee Benefits (Health)
Payroll Taxes (Workers Comp and FICA)
Retirement (PERS)
Total Labor Expenditures

$795,306.00
$134,111.00
$140,904.00
$77,818.00
$279,132.00
$1,427,271.00

$507,401.52
$90,765.89
$112,515.47
$45,334.36
$171,895.26
$927,912.50

$535,302.12
$90,267.02
$94,839.23
$52,377.50
$187,877.31
$960,663.17

300000

Education and Training

$13,195.00

$6,648.28

$8,881.25

300100

Grants Expenditure

330102

Software / IT

$4,466.00

$3,276.50

$3,005.96

610000

Supplies

$6,496.00

$4,501.32

$4,372.31

640000

Library Materials

$69,020.00

$43,367.43

$46,455.77

650000

Programming

$31,465.00

$16,251.75

$21,178.37

700000

Equipment & Hardware

$12,000.00

$6,894.07

$8,076.92

810419

Transfers Out - Building & Maintenance

$147,215.00

$147,215.00

810610

Transfers Out - Reserve Fund

$5,400.00

$5,400.00

$1,716,528.00
$284,791.00

$1,159,950.45
$235,314.45

455-455-xxx EXPENDITURES
110000
120000
210000
220000
230000

TOTAL EXPENDITURES
EXPENDITURES MINUS LABOR / TRANSFERS

Page 15 of 140

$1,760.10

$1,205,248.75
$244,585.58

Page 16 of 140

OCTOBER 2026 Circulation Summary
All checkouts
OCTOBER 2025
Total
Checkouts
Checkouts
22,688
21,407

Check-Ins
8,540

Polaris
Checkouts
7,309

Polaris
Renewals
7,367

Overdrive
Checkouts
8,012

Banks Public Library

2,293

2,073

1,804

2,664

6,541

6,778

-3.5%

Beaverton City Libraries

69,489

69,862

78,159

81,634

229,655

231,141

-0.6%

Cedar Mill Libraries

66,689

63,080

75,130

55,374

193,584

199,158

-2.8%

Cornelius Public Library

3,473

3,566

2,921

2,969

9,456

9,459

0.0%

Forest Grove City Library

11,391

11,013

10,182

10,995

32,190

30,308

6.2%

Garden Home & West Slope Community Library

15,139

12,854

12,614

16,480

41,948

39,964

5.0%

Hillsboro Public Libraries

72,358

74,014

74,657

68,466

217,137

219,134

-0.9%

Library
Aloha Community Library

Percent Change
6.0%

North Plains Public Library

3,040

2,862

2,794

2,820

8,476

7,839

8.1%

Sherwood Public Library

11,079

10,225

11,557

15,044

36,826

37,730

-2.4%

Tigard Public Library

32,289

31,985

33,785

36,915

102,685

108,178

-5.1%

Tualatin Public Library

18,568

18,296

18,289

22,285

58,870

57,758

1.9%

148

289

195

0

484

999

-51.6%

WCCLS - Interlibrary loans (external)
WCCLS - Library Mail Service
Grand Total

60

622

317

334

1,273

1,638

-22.3%

314,556

308,050

329,771

323,992

961,813

971,491

-1.0%

OCTOBER 2025
Total
Checkouts
Checkouts
173,796
175,335

Percent Change
-0.9%

All checkouts
Branches
Beaverton City Library
Beaverton Library Bookmobile

Check-Ins
49,234

Polaris
Checkouts
51,373

Polaris
Renewals
59,017

Overdrive
Checkouts
63,406

67

149

129

0

278

994

Beaverton Murray Scholls

20,188

18,340

19,013

18,228

55,581

54,812

-72.0%
1.4%

Bethany Library

19,912

17,835

21,230

20,415

59,480

62,261

-4.5%

Cedar Mill Library

46,777

45,245

53,900

34,959

134,104

136,897

-2.0%

Garden Home Community Library

8,050

6,626

6,764

7,773

21,163

21,920

-3.5%
15.2%

West Slope Community Library

7,089

6,228

5,850

8,707

20,785

18,044

Hillsboro Brookwood Library

62,603

64,510

66,656

58,013

189,179

189,866

-0.4%

8

21

32

0

53

65

-18.5%

9,747

9,483

7,969

10,453

27,905

29,203

-4.4%

Hillsboro Hidden Creek NovelBranch
Hillsboro Shute Park Library

Page 17 of 140

PHYSICAL AND DIGITAL MATERIAL CHECKOUTS (OCTOBER 2026)
Library

Circulation type

Transaction..

Aloha Community Library

Physical checkouts

7,309

Digital checkouts

8,012

Physical checkouts

2,073

Digital checkouts

2,664

Physical checkouts

69,862

Digital checkouts

81,634

Physical checkouts

63,080

Digital checkouts

55,374

Physical checkouts

3,566

Digital checkouts

2,969

Physical checkouts

11,013

Digital checkouts

10,995

Banks Public Library

Beaverton City Libraries

Cedar Mill Libraries

Cornelius Public Library

Forest Grove City Library

Garden Home & West Slope Physical checkouts
Community Library
Digital checkouts

12,854

Physical checkouts

74,014

Digital checkouts

68,466

Physical checkouts

2,862

Digital checkouts

2,820

Physical checkouts

10,225

Digital checkouts

15,044

Physical checkouts

31,985

Digital checkouts

36,915

Physical checkouts

18,296

Digital checkouts

22,285

Hillsboro Public Libraries

North Plains Public Library

Sherwood Public Library

Tigard Public Library

Tualatin Public Library

16,480

0K

10K

20K

30K

40K
Checkouts

50K

60K

70K

80K

Date: November 9, 2026
To: City Council
From: Karli Wrobel - Programs & Communications Supervisor
Subject: Staff Report
A fantastic first six weeks on the job! I feel so grateful to play a small part in this community. A huge
thank you to our staff here who have supported and guided me as I settle into the role.
Communications
Released November newsletter under new name, Connecting North Plains
On track to relaunch e-news version in January 2027 (on pause since 2024)
First round of website edits complete
Increased number of clickable links embedded in FB posts to direct attention to our website
Saw 93 link clicks in October, up 1.8k% from previous month
Adjusted branding and formatting of social posts. Seeing positive initial measurements of success

Social Media Engagement
October 1-31, 2026 (vs. September 1-30 2026)

Source

FB views

FB interactions

IG interactions

IG visits

IG follows

FB views
FB interactions
IG interactions
IG visits
IG follows
0%

20%

40%

60%
80%
Percent Increase

100%

120%

140%

Recreation & Community Outreach
Community Outreach:
Had a blast at Trunk or Treat on 10/30 hosted by the Blue Jay
Boosters & North Plains PTO. Well over 150 families in attendance!
Attending upcoming Book Babies & Toddler Storytime at the
Library to engage with parents
Recreation: Presented updates at Parks Board Meeting on 11/9

Page 18 of 140

Kids lined up to play Cornhole
with Karli at Trunk or Treat

Date:

November 11th, 2026

To:

North Plains City Council

From:

Eamon O’Reilly – Chief of Police

Subject:

Police Chief Staff Report

Calls for service (October 2026): NPPD Officers responded/self-initiated to 175 calls for service. These
calls include but are not limited to dispatched calls for service, investigative stops, community contacts,
assist person calls and city ordnance violations.
October 2026: North Plains Police responded to a variety of calls with no reoccurring trends.
Deputy Vance is settling into his new role in North Plains. We’re still looking at sending Deputy Vance
to a basic School Resource Officer course, but we’re weighing the cost and time commitment of the
course with the potentially limited amount of time Deputy Vance may serve in North Plains. Deputies
are assigned to North Plains for one year. They have the option of extending their service in North
Plains year after year as Deputy Barters has, but it’s too early to know if Deputy Vance is going to stay
in the city long-term.
As we enter the holiday season, we’d like to remind everyone to be mindful about packages being
delivered and left on porches. Please be diligent about retrieving your packages, be watchful
neighbors, and if you see suspicious activity or have a package stolen, please call us.
(R-Reports/Y2-Warnings/Y3-Citations/TS-Traffic Stop/PD-Public demand/SI-Self initiated)
Contract Deputies Activities (Only NP deputy activities in All of the county)
Year
Month
R
Y2
Y3
TS
2026
October
15
20
3
17
2025
October
14
52
5
28
2024
October
19
32
2
24
2023
October
16
32
1
34
2022
October
18
55
4
59
North Plains Calls in the City (All police activities within NP)
Year
2026
2025
2024
2023
2022

Page 19 of 140

Month
October
October
October
October
October

R
15
18
22
14
26

Y2
23
53
29
38
48

Y3
3
0
2
5
6

TS
22
25
21
44
55

PD
66
75
50
63
67

SI
109
175
218
176
235

Total
175
250
268
239
302

PD
60
79
62
64
72

SI
108
205
216
192
258

Total
168
284
278
256
330

Date:
To:
From:
Subject:

November 10, 2026
City Council
Cody Brown – Interim Public Works Supervisor
Public Works Staff Report

Street and Storm Operations
• Routine operations and maintenance.
• Leaf pick up has started and is going well.
• All the snowplow equipment maintenance will start soon so we will be ready for
the weather to come.

• Beaver damns have been kept up with, and water is flowing the way it should but
still have to maintain weekly.

Grounds and Facilities Operations
• Jessie mays roof is about to be completed.
• GOA property with the barn has had its abatement done and now can start being
disassembled by the Historical Salvage company.

• The GOA houses will be starting demolition soon.
Park Operations
• Sunset Ridge Park Merry-go-round it now fixed
• Jessie Mays Park will have some maintenance soon.
• All city parks have the irrigation turned off but we are keeping the drinking
fountains on until colder weather.

Water Distribution System Update
• Routine water distribution operations and maintenance.
• Two pumps in water station 2 have been rebuilt and waiting for them to be
delivered to be installed.

Report Issues
•

Page 20 of 140

Community members can report issues through the “Report An Issue” link at
www.northplains.gov or by calling City Hall at 503-647-5555.

CITY OF NORTH PLAINS
CITY COUNCIL UPDATE

9600 SW NIMBUS AVENUE, SUITE 100
BEAVERTON, OREGON 97008
PH: (503) 946.9365
WWW.3JCONSULTING.COM

Date: October 16, 2026
The following is a brief summary of the current tasks undertaken by the 3J staff for Engineering and
Planning since the last update.

ENGINEERING- PUBLIC INFRASTRUCTURE:
1. Main Street Improvements:
• Plans and Specifications are at 90%. PGE on-hold until they know the construction
schedule. Awaiting city direction.
2. Jessie Mays Park/309th/311th Improvements:
• Plans and Specifications are at 90%. PGE on-hold until they know the construction
schedule. Awaiting city direction.
3. Pacific Street Improvements:
• Project and specifications at 75%. Right-of-way consultant required to assist in
temporary construction easement/coordination required for the project. Awaiting city
direction.
4. Glencoe/West Union Intersection Improvements:
• Project is in design with the County. Working on the 60% Design Package
5. Engineering Design Manual and Standard Details
• This project will be placed on hold until the new City Manager and Public Works
Director are hired.
6. Commercial Street Safety Improvements
• 3J provided the City with an updated budget to revise the plans and specs to account
for improvements in front of the food bank and NW 314th corner only. Other elements
will be deferred to a future project. Awaiting city direction.
7. East Hillcrest Overlay
• 3J provided the City with a budget to take the project through construction. Awaiting
city direction.
8. Pump Station Improvements
• This project will be placed on hold until the new City Manager and Public Works
Director are hired.
9. 313th Drainage Concerns (south of North Ave.)
• This project will be placed on hold until the new City Manager and Public Works
Director are hired.
10. Urban Renewal - Civic Center Improvements
• 3J provided the city with a revised budget to assist with preliminary concept plans and
estimate for the project. 3J will also assist with the grant application. Awaiting city
direction.
11. Urban Renewal – Glencoe Opportunity Area
• 3J provided the city with a revised budget to assist with preliminary concept plans
and estimate for the project. Awaiting city direction.

Page 21 of 140

CIVIL ENGINEERING | WATER RESOURCES | COMMUNITY PLANNING

COUNCIL UPDATE

City Council Update
November 16, 2026

Page 2 of 3

ENGINEERING- DEVELOPMENT REVIEW:
•

•
•

•
•

•
•
•

•
•
•

Brynhill Phase 5:
o Project is in 1-year maintenance period till October 2026.
o 3J performed the 1-year maintenance inspection and the developer is working on
correcting the deficiencies noted.
Brynhill North Ave East Improvements:
o Project is substantially complete. Pending maintenance bond.
Brynhill North Ave West Improvements:
o Project is substantially complete. Contractor is working on correction deficiencies
and final close out documents.
Spec Warehouse (Far West Recycling):
o Project is in 1-year maintenance period till January 2027.
NW West Union (Frank’s Excavation):
o Under site construction. City permits approved pending performance bond. Once
the performance bond has been received the city will issue the PW permit. Only
site work is allowed.
Kaybern 2-lot Development:
o Project is in 1-year maintenance period till January 2027.
St. Edwards Church:
o Project in construction
Brynhill Apartment:
o Project is substantially complete. 3J performed a performance punch walk and
provided the developer with the required close out requirements. The project will
be placed in the 1-yr maintenance period one all close out items have been
completed.
31555 NW Wascoe Street (31590 NW Lenox Street):
o Project in construction
30983 NW Wascoe Street:
o Project in construction
ROW Permit Review
o 3J assisted city staff with ROW permit application received during the month.

LONG-RANGE PLANNING:
• Planning Commission Meeting November 18th
o Development Code Amendments discussion will continue from October
o Discussion of proposed 2027 Planning Work Program to present to Council at a
future joint work session
PLANNING- DEVELOPMENT REVIEW:
• Approvals:

o

•

Page 22 of 140

Reviewed West Union/Glencoe County project and determined land use is
exempt.

Customer Service:

COUNCIL UPDATE

City Council Update
November 16, 2026

o

o
o
o

Page 3 of 3

Coordination with city staff

Ongoing phone calls and [email protected] monitoring and responding
Assistance with Code Compliance communication
Assistance with Public Records Requests
---END OF DOCUMENT---

Page 23 of 140

Date:

November 12, 2026

To:

City Council

From:

Amanda Taylor, Merina+Co

Subject:

Finance Department Monthly Report – Month Ending September, 2026

This memorandum is intended as a snapshot of how City of North Plains expenditures and revenues
compare to the FY2025-27 biennial budget through September 2026 as recorded through November
12, 2026. This report specifically summarizes activity after 15 months of the biennium for all
Operating Funds, Capital Funds and Special Funds. Other Finance topics of monthly City Council
interest are also discussed.
HIGHLIGHTS
Merina is on board to assist in the absence of the Finance Manager and Interim City Manager
transitions. We also are assisting in moving the audits forward. Our existing contract covers the
following items on a regular basis:




Bank reconciliations
Utility Billing Review
Payroll processing and review




Monthly finance reporting
Month end close processes

Monthly financial reports will be based on the most recently fully closed fiscal month. As of
November 12, 2026 we are unaware of any unrecorded items that would affect these reports.
Finance Department Activities
 Finance and account consulting assistance update: A contract with Merina & Company was
approved by North Plains City Council at the May 18, 2026 meeting. We anticipate
modifications to the agreement as the scope of services changes due to recent staff changes.
Additional responsibilities are grant management, reviewing and approving accounts payable.
We have proposed a separate contract to the City Manager to assist with the FY25-27
Supplemental budget and the FY27-29 budget document preparation. We will assign
additional staff from Merina to assist with the budget preparation once the contract is
executed.


FY23 Audit progress: The FY2023 audit is underway with Umpqua Valley Financial planning on
completing the audit fully remote with Merina’s preparation assistance. We have received a
draft of the 2019 URA Financial Statements and expect to have them reviewed and back to
Pauly Rogers next week. We continue to be in touch with the Auditors at this time. Reminder

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 24 of 140

that these things do take time on the auditor’s as well as our part in preparing the accounts
for audit. We are moving as fast as we can and responding quickly to any requests from the
auditor.
Cash Summary
Cash balances below reflect the semi-annual historic total cash and investment balances for the City.
Based on the restricted cash percent from the most recently completed audit, approximately 25% of
this is considered unrestricted. This amount will continue to be approximate as it changes each time
funds are drawn down from a restricted grant source or as cash is spent that was previously
restricted.
Cash summary
2023
Total

2024

2025

2026

2027

June

December

June

December

June

December

June

September

24,573,215

26,309,109

22,794,007

22,337,749

21,835,264

24,098,787

23,148,741

22,718,027

General Fund (110) Summary
After 15 months of this biennium, expenditures totaled $3.78 million across all General Fund
departments. This represents 94% of where budgeted expenditure should be expected at this point
of the biennium. Total budget for the General Fund for the FY 2025-27 biennium is $6.41 million.
A significant budget overage (87.7% of biennial budget compared to expected 62.5% as of 09/30) in
the general fund is the result of severance pay for the former City Manager increasing personnel in
addition to materials and services expense of hiring Merina+Co to manage several accounting
functions as well as work on prior year audit preparation to move the City forward. This will
continue to rise, and we expect to bring a supplemental budget to Council in January 2027.
General Fund Departments Detail
Parks and Rec, Library, and Public Safety have continued to see at or below-budget spending
compared to budget to-date. Boards & Commissions is somewhat ahead of budget-to-date with
Professional Services expense, led by Professional Services – Legal for various City Council-related
issues. Aforementioned materials and services rising more than expected, and thus underbudgeted,
are also at play. Library is slightly over budget, as transfers to Facilities maintenance were expected
to be higher the first half of the biennium. Community Development Professional Services –
specifically engineering, is over budget as well, and we are reviewing detailed invoices to ensure

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 25 of 140

accurate allocation to applicable funds. As we track consistent with Oregon Budget law, the General
Fund’s standing of expenditures vs. budget are reasonable.
Library transfers out are higher than budget, the amounts will decrease in FY27 to meet budget, as
intended.
Fund - Department
General Fund -Nondepartmental (110)
Materials and Services
Contingency
General Fund - General Government (419)
Personnel Services
Materials and Services
Transfers Out
General Fund - Public Safety (421)
Personnel Services
Materials and Services
General Fund - Boards and Commissions (422)
Personnel Services
Materials and Services
General Fund - Parks and Rec (452)
Personnel Services
Materials and Services
General Fund - Library (455)
Personnel Services
Materials and Services
Capital Outlay
Transfers Out
General Fund - Community Development (465)
Personnel Services
Materials and Services
Grand Total

25-27 Budget
25-27 actual % of budget
209,300
0.0%
9,300
0.0%
200,000
0.0%
1,012,039
888,022
87.7%
498,775
270,871
54.3%
508,762
614,337
120.8%
4,502
2,814
62.5%
2,045,062
937,633
45.8%
31,907
35,576
111.5%
2,013,155
902,057
44.8%
426,265
304,661
71.5%
251,834
191,212
75.9%
174,431
113,449
65.0%
371,013
190,725
51.4%
251,183
138,945
55.3%
119,830
51,780
43.2%
1,716,528
1,057,786
61.6%
1,427,271
868,312
60.8%
124,642
68,230
54.7%
12,000
7,824
65.2%
152,615
113,419
74.3%
637,025
403,155
63.3%
425,460
167,847
39.5%
211,565
235,307
111.2%
6,417,232
3,781,981
58.9%

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 26 of 140

OPERATING FUNDS: STREETS FUND (111), WATER FUND (210), JESSIE MAYS FUND (310) AND BUILDINGS &
GROUNDS MAINTENANCE (605)
Streets Fund (111) Summary
After fifteen months of the FY25-27 biennium, posted Streets Fund expenditures totaled $697,368
(29.9% of budget to date). Personnel Services followed by Capital Outlay followed by comprised the
nature of service costs. Capital replacement projects have been occurring but due to seasonality and
right-of-way process clarifications with utilities, will see increases over time.
The City Transportation Utility Fee (TUF) – utilized for streets, sidewalks, and streetlights
maintenance - has raised $299,367 so far since July 1, 2025.
Jessie Mays Community Center Fund (310) Summary
Rental revenues after fifteen months of the FY 2025-27 biennium are $9,759. Hall rentals and
pavilion rentals should slow with warmer weather events and activities.
Fund expenses accounted to-date have been $42,165. Majority of expenses continues to be
personnel costs related to operations with rentals. We will see the roof expenses in the next 30
days.

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 27 of 140

Fund - Department
Streets (111)
Personnel Services
Materials and Services
Capital Outlay
Transfers Out
Contingency
Special Revenue Street SDC's (112)
Capital Outlay
Transfers Out
Special Revenue - Street Fee-In-Lieu (114)
Capital Outlay
Jessie Mays Fund (310)
Personnel Services
Materials and Services
Capital Outlay
Transfers Out
Grand Total

25-27 Budget
25-27 actual % of Budget
2,332,087
697,368
569,317
294,526
507,560
124,526
1,027,000
167,951
178,210
110,365
50,000
44,708
5,556
35,000
9,708
5,556
50,000
1,610
50,000
1,610
182,045
72,140
38,565
28,778
4,100
1,417
120,000
29,975
19,380
11,970
2,608,840
776,674

29.9%
51.7%
24.5%
16.4%
61.9%
0.0%
12.4%
0.0%
57.2%
3.2%
3.2%
39.6%
74.6%
34.6%
25.0%
61.8%
29.8%

Water Fund (210) Summary
The Water Fund recorded $3,057,915 in expenses after fifteen months of the FY 2025-27 biennium
(37.0% of budget to-date). After debt service and transfers to other funds, Materials & Services –
wholesale water purchases - then Personnel Services led expenditure activity with Fund service
provision to-date. Capital projects budgeted in the Water Fund not yet initiated explain the
significant below-budget expenditures.


On the revenue side, the Water utility has brought in roughly $2.69 million through the end
of September 2026 (111% of expected to date). Revenue varies significantly by season, so
upswing in revenues as the months dry and warm up is always expected.



The Water SDC Fund has earned $104,409 in SDC revenues from various planned
development in the City. Capital Outlay, related to project design, has been less than $6,800
so far this biennium.

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 28 of 140

Fund - Department
Water Fund (210)
Materials and Services
Personnel Services
Capital Outlay
Debt Service
Transfers Out
Contingency
Special Revenue - Water SDC's (211)
Capital Outlay
Transfers Out
Grand Total

25-27 Budget
25-27 actual % of budget
7,368,184
3,010,621
1,602,650
777,708
1,424,128
664,519
1,701,000
112,813
620,000
317,828
1,820,406
1,137,754
200,000
885,556
47,294
845,000
6,738
40,556
40,556
8,253,740
3,057,915

40.9%
48.5%
46.7%
6.6%
51.3%
62.5%
0.0%
5.3%
0.8%
100.0%
37.0%

URA
The Urban Renewal Agency is actively moving forward and budget is available for project related
costs:
Fund - Department
Urban Renewal Agency (113)
Capital Outlay
Debt Service
Materials and Services
Transfers Out
Contingency
Grand Total

25-27 Budget
25-27 actual % of Budget
3,946,921
652,755
17%
1,350,000
22,866
2%
712,014
335,512
47%
1,151,500
87,059
8%
533,407
207,318
39%
200,000
0%
3,946,921
652,755
17%

CAPITAL FUNDS
A snapshot of how each of the City’s nine Capital and Special Services Funds have experienced
revenues and expenses vs. budget for the first thirteen months of the FY 2025-27 biennium is found
on the following pages. Capital projects have been limited in activity, and so most posting in each
fund is greatly revenue receipts.

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 29 of 140



The Transportation SDC fund activity to-date continues to be limited to a net SDC credit
processed during the period. The fund has not incurred expenses, but with KPSB sign
purchase and installation, will pay its fair budgeted share through a transfer to Fund 620.



The Urban Renewal Agency Fund has experienced expenses limited to staff effort on URA
functions, including federal grant management, consultant coordination and URA-owned
property maintenance activities. Property tax revenues are currently $872,415 and now
exceed projections for the first half of the 2025-27 biennium. There is limited activity in
September and October each year in property taxes, with a large majority of payments
coming between November and May.



The Fee-in-Lieu fund has seen no real activity, from either developer fees paid into the fund
and expressly for Pacific Street sidewalk improvements, with some minimal expenses for
that budgeted project.



The Transportation Bond Fund has seen some initial start to major projects expense, led by
the Jessie Mays Park Perimeter project. Completion of projects winding down and some
design update on upcoming remaining projects has incurred $208,049 to-date. Debt service
was remitted in November and May, 2026 for the remaining $365,650.



The Transportation Development Tax Fund has funded minimal expense on budgeted
projects so far this biennium. Alternatively, the Stag Industrial building (location of ASML)
has made payments on its Bancroft-financed TDT fees owed and various other planned
construction in the city has combined for almost $515,640 in revenue for the fund to-date.

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 30 of 140

Fund - Department
Transportation Bond (115)
Capital Outlay
Debt Service
Transportation Development Fund (130)
Capital Outlay
Transfers Out
Parks Capital (131)
Capital Outlay
Transfers Out
Capital Fund - Bldg and Grounds (605)
Personnel Services
Materials and Services
Capital Outlay
Contingency
Capital Fund - Vehicle and Equipment (610)
Capital Outlay
Capital Fund - Public Works Bldg (620)
Capital Outlay
Grand Total

25-27 Budget
25-27 actual % of Budget
4,345,760
574,149
13.2%
3,610,000
208,049
5.8%
735,760
366,100
49.8%
4,053,728
3,766
0.1%
4,050,000
3,766
0.1%
3,728
0.0%
1,046,761
3,889
0.4%
1,040,000
0.0%
6,761
3,889
57.5%
694,224
356,216
51.3%
208,969
64,693
31.0%
405,255
291,523
71.9%
50,000
0.0%
30,000
0.0%
45,000
0.0%
45,000
0.0%
50,000
28,324
56.6%
50,000
28,324
56.6%
10,235,473
966,344
9.4%



The Parks Capital Fund has earned almost $107,000 in various development projects in the
City so far this biennium, but the fund has not initiated direct projects and related
expenditures. The Parks Capital Fund will also pay its budgeted fair share of the KPSB sign via
monthly transfers totaling $6,761.



The Vehicle & Equipment Reserve Fund has not made budgeted equipment or vehicle
purchases so far in FY 2025-27. Revenues for the fund, via budgeted transfers by different
departments and funds, traditionally occur as part of close-out of each fiscal year.



The Public Works Building (KPSB) Fund has incurred $32,023 in budgeted capital expenditure
for the new monument sign installed in January and the sign project is now complete,
significantly under budget. Revenues are limited to budgeted transfers in from the SDC funds
to pay for the new sign. The funds will be closed out upon sign completion and year-end
transfers to pay for the sign.

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 31 of 140

Fuel Tax Revenue Update: The City has collected $172,997 in local fuel tax revenue through
fifteen months of the biennium. $300,000 is the projected FY 25-27 biennium fuel tax
revenue total, which the City is not expected to meet at current average monthly pace of
receipts.
FY 26 Property Tax Receipts: Through August 2026, we have received $1.1 million compared
to $1.026 million budgeted for FY 26. Washington County has calculated total taxes
outstanding at $18,627 for the 2025-2026 tax roll.
(Calendar)

FY20

FY21

FY22

FY23

FY24

FY25

FY26

December
January
February
March
April

Month
Week 1
Week 2
Week 3
Week 4
Week 5
Month
Month
Month
Month
Month

52,709.63
106,320.97
270,182.05
114,260.56
5,142.46
0.00
8,057.44
2,307.11
10,750.81
836.92
1,426.11

49,554.83
65,283.92
386,015.56
102,471.13
16,476.09
0.00
10,600.62
4,486.87
12,495.43
1,828.44
2,269.34

88,538.13
107,544.46
350,226.42
125,093.00
5,604.55
0.00
7,467.17
4,675.52
9,911.76
1,602.62
2,464.96

95,028.92
36,734.53
360,136.59
185,925.60
55,748.37
0.00
10,728.05
2,584.09
12,791.62
1,871.27
2,446.11

110,434.90
41,639.02
357,992.96
216,841.66
94,896.43
0.00
13,609.22
2,300.59
16,341.89
3,133.49
2,649.17

111,151.46
1,054.62
107,740.00
496,950.74
153,311.92
24,305.32
7,278.47
4,460.34
17,046.14
2,775.05
2,492.69

113,360.24
81,779.70
530,686.85
262,204.09
40,196.52
0.00
16,706.55
5,430.36
19,565.54
2,216.26
9,551.00

May
June

Month
Month

11,080.26
1,512.50

0.00
0.00

9,077.51
1,606.05

13,106.81
0.00

12,744.80
2,010.82

17,500.50
2,117.01

14,473.60
2,062.19

$584,586.82

$651,482.23
11.4%

$713,812.15
9.6%

$777,101.96
8.9%

$874,594.95
12.5%

$948,184.26
8.4%

$1,098,232.90
15.8%

October
November

Total Received/YTD
+/- over Previous

29905 NW West Union Road, North Plains, OR 97133 | (503) 647-5555 | www.northplains.gov
Police Non-Emergency: (503) 629-0111
Page 32 of 140

CITY COUNCIL REPORT
Date Prepared: November 10, 2026
To: City Council

AGENDA ITEM NO. 7A

From: Interim City Manager Paul Koch
For Meeting Of: November 16, 2026
Subject: Approval of Resolution No. 2372 regarding MACC and Comcast services
1. BACKGROUND: On September 21, 2026, the City Council adopted the Intergovernmental
Agreement between the City and MACC and Comcast. Not included in those actions.
Resolution No. 2372 is now presented to Council finalizing this issue and providing MACC with
the required signature document.
2. OPTIONS: The City Council has the following options available currently.
a. Adopt Resolution No. 2372 and authorize City Officials to sign the Resolution.
3. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2372 and
authorize City officials to sign the Resolution.
4. PROPOSED MOTION: “I move the City Council adopt Resolution No. 2372 between the City,
MACC and Comcast and authorize City officials to sign.”

5. BACKGROUND INFORMATION:
a. The Resolution is attached to this report for Council information.

Page 33 of 140

Page 34 of 140

RESOLUTION NO. 2372
A RESOLUTION OF THE CITY OF NORTH PLAINS GRANTING
A NON-EXCLUSIVE CABLE FRANCHISE TO COMCAST OF OREGON 11, INC.
WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter
"MACC") was formed by Intergovernmental Cooperation Agreement, amended in 2002
and now an Intergovernmental Agreement (hereinafter "IGA") to enable its member
jurisdictions to work cooperatively and jointly on communications issues, in particular
the joint franchising of cable services and the common administration and regulation of
such franchises, and the City of North Plains, Oregon (hereinafter "City") is a member of
MACC;
WHEREAS, the IGA authorizes MACC and its member jurisdictions to grant one or
more nonexclusive franchises for the construction, operation and maintenance of a
cable service system within the combined boundaries of the member jurisdictions;
WHEREAS, the IGA requires that each member jurisdiction to be served by the
proposed franchisee must approve any cable service franchise;
WHEREAS, the City has previously granted cable franchises to TCI of Tualatin Valley,
Inc. and TCI Cablevision of Oregon, Inc., and Comcast of Oregon 11, Inc. is the lawful
successor in interest to those grantees;
WHEREAS, the Board of Commissioners of MACC, by Resolution 2026-04 adopted on
the 28th day of August, 2026, recommended that the member jurisdictions grant a
single franchise to Comcast of Oregon 11, Inc. in the form attached hereto as Exhibit "A,"
which authorizes the provision of cable services in all areas of the City from July 1, 2026
through June 30, 2036;
WHEREAS, MACC and the City have provided adequate notice and opportunities for
public comment on the proposed cable services franchise including a public hearing on
August 28, 2026 and;
WHEREAS, the Council finds that approval of the recommended franchise is in the best
interest of the City and its citizens, consistent with applicable federal law.
NOW THEREFORE,
THE CITY COUNCIL RESOLVES AS FOLLOWS <H language otherwise
appropriate]:

Section 1. There is hereby granted to Comcast of Oregon 11, Inc. a non-exclusive
cable services franchise on the terms and conditions contained in Exhibit "A".
Res. No. 2372
Granting non-exclusive cable franchise to Comcast of Oregon
Adopted November 16, 2026
Page 3 of 4
Page 35 of 140

COMCAST CABLE TV FRANCIDSE RECOMMENDATION
TO THE CITY OF NORTH PLAINS
Prepared by the Metropolitan Area Communications Commission
August2026
On August 28, 2026, the Board of Commissioners of the Metropolitan Area
Communications Commission (MACC) recommended, by a unanimous vote, that the City
of North Plains and the other fourteen MACC Member Jurisdictions grant Comcast of
Oregon II, Inc. (Comcast) a 10-year renewal of the company's cable television franchise
(see Exhibit B, MACC Recommending Resolution). A copy of the recommended franchise
agreement and a comparison of that agreement to the current Comcast franchise are
enclosed with this report (see Exhibits A and C).
By the terms of the MACC Intergovernmental Agreement, to which your jurisdiction is a party,
every affected MACC jurisdiction must adopt the franchise as recommended for the
renewed franchise to take effect. If one jurisdiction votes no, it effectively vetoes the
franchise for others.
The Recommended Agreement - The recommended ten-year franchise agreement retains
the important financial, service, and regulatory benefits that the Member Jurisdictions have
relied on for the past 11 years of the existing franchise. It also includes technology updates
for Tualatin Valley Community Television's (TVCTV) programming such as high-definition
equipment and transmission, as well as lower and guaranteed costs for the jurisdictions'
use of broadband network services provided by the Public Communications Network (PCN).
BACKGROUND
MACC administers the Comcast cable franchise for its Member Jurisdictions. The prior
franchise began July 1, 2015, and was extended by action of the Commission and the
Member Jurisdictions and expired on June 30, 2026.1
Federal law (47 USC §546) sets out a three-year structure for (1) determining the area's
cable related needs and interests (the "Needs Assessment") and (2) negotiating a
renewed cable franchise. MACC began the formal renewal process in the fall of 2022.
The work included a cable-related community needs assessment, technical and
financial review, review of customer service and enforcement provisions, and
negotiations concerning PEG access, the Public Communications Network, franchise
fees, and related implementation terms. Federal law provides for a cable operator's
continued use of the right of way as long as it meets certain requirements.2
Res. No. 2372
Granting non-exclusive cable franchise to Comcast of Oregon
Adopted November 16, 2026
Page 4 of 4
Page 36 of 140

On August 28, 2026, following a public hearing, the MACC Board of Commissioners
adopted Resolution 2026-04 recommending that each Member Jurisdiction approve the
renewed franchise.
Highlights of the Franchise

Term. The franchise agreement will run ten years, from July 1, 2026, through June 30, 2036.
Gross Revenue Definition. The gross revenue definition is used to determine the basis on which
a five percent Franchise Fee is paid. (Five percent is the maximum allowed under federal law.)
The definition has been clarified to better ensure that Comcast includes all revenue allowed by
applicable law. The new defamation expressly includes all amounts comprising the FCCrequired aggregate video programming price and clarifies that cable-only fees may not be
reduced through bundled service allocation.
PEG Access. MACC will continue to provide Public and Government Access, including the city
and county meeting coverage provided by TVCTV. All five TVCTV channels will be carried in
High Definition (HD) and Standard Definition (SD). Currently, only two channels are available
in HD. MACC releases Comcast from the obligation to provide the regional Community Access
Network channel 11.
Institutional Network (PCNt Comcast remains ultimately responsible for the institutional
network (PCN). The agreement permits use of OMNIA or another standard government-services
agreement, subject to MACC approval when required and with rates consistent with or better
than the franchise rate card. This allows PCN users to continually receive the best rates possible.
PEG/PCN Fund. Beginning on the first day of the month that falls at least 30 days after all
Member Jurisdictions have approved the renewed franchise, Comcast will pay 1.75% of gross
revenue for PEG capital and PCN institutional network purposes. This replaces the current $0.80
per subscriber per month payment and ties future receipts to Comcast cable revenue rather than
subscriber count alone.
Customer Service. Customer service standards remain part of the franchise, however, rather than
expressly including the applicable FCC standards in the franchise, the renewed agreement
references those standards and requires Comcast to comply with them. The agreement preserves
MACC and the Member Jurisdictions' authority to impose additional customer service standards.
Franchise Violations and Remedies. The violation and hearing process, available fines, and the
collective $75,000 annual cap are continued. The daily violation fine increased from $250/day to
$750/day.
PUBLIC COMMENT

The renewal record includes several oppo1tunities for public and stakeholder input before
MACC's August 2026 hearing:
• Government and community-organization focus groups held November 2,
Res. No. 2372
Granting non-exclusive cable franchise to Comcast of Oregon
Adopted November 16, 2026
Page 3 of 4
Page 37 of 140

2023. These were invited stakeholder input sessions, not formal public
hearings.
• A statistically valid telephone survey of 900 MACC-area residents conducted
in November and December 2023, including 450 Comcast cable subscribers
and 450 non-subscribers.
• A supplemental online survey that remained available through June 2024.
• Public MACC Board of Commissioners meetings on June 7 and December 13,
2024, when the needs assessment was presented and considered.
CONCLUSION
Your MACC representative, along with the other MACC Commissioners, has recommended the
Comcast franchise agreement as an excellent agreement that will serve the interests of cable
subscribers for the next ten years. This recommended franchise agreement retains the basic
elements and long-term benefits of the cable television franchises on which the Member
Jurisdictions have come to rely - financial stability, the ability to meaningfully respond to
customer service deficiencies, superior PEG Access programming and support, and the guarantee
of an institutional network that meets the current and future needs of the area at a reduced cost
for users. MACC staff will be available at your meeting for any questions.
A reminder: All 15 MACC Jurisdictions must approve the Franchise Agreement for it to
effective.
Attachment:

Exhibit A - Recommended Comcast Franchise Agreement
Exhibit B - MACC Recommending Resolution 2026-04
Exhibit C - Comparison of the Current Franchise to the Recommended Franchise
Exhibit D - MACC Questions & Answers about the Recommended Franchise

INTRODUCED AND ADOPTED this 16th day of November, 2026.
CITY OF NORTH PLAINS, OREGON
BY: _____________________________________
, Mayor
ATTEST:
BY: ______________________________________
Lori Lesmeister, City Recorder

Res. No. 2372
Granting non-exclusive cable franchise to Comcast of Oregon
Adopted November 16, 2026
Page 4 of 4
Page 38 of 140

Resolution No. 2372
Exhibit A

CABLE TELEVISION
FRANCHISE AGREEMENT

Between the Jurisdictions participating in the
METROPOLITAN AREA
COMMUNICATIONS COMMISSION

AND
COMCAST OF OREGON II, INC.

July 1, 2026

Page 39 of 140

TABLE OF CONTENTS

SECTION 1.

DEFINITIONS .................................................................................................... 1

SECTION 2.

GRANT OF FRANCHISE ................................................................................... 8

SECTION 3.

FRANCHISE FEE AND FINANCIAL CONTROLS ............................................ 12

SECTION 4.

ADMINISTRATION AND REGULATION........................................................... 15

SECTION 5.

FINANCIAL AND INSURANCE REQUIREMENTS ........................................... 17

SECTION 6.

CUSTOMER SERVICE .................................................................................... 21

SECTION 7.

REPORTS AND RECORDS............................................................................. 22

SECTION 8.

PROGRAMMING ............................................................................................. 25

SECTION 9.

PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS ........................... 26

SECTION 10. GENERAL STREET USE AND CONSTRUCTION ............................................ 30
SECTION 11. SYSTEM DESIGN AND STANDARDS.............................................................. 37
SECTION 12. INSTITUTIONAL NETWORK SERVICES ......................................................... 38
SECTION 13. PEG ACCESS AND PCN GRANT FUND .......................................................... 40
SECTION 14. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION .......... 41
SECTION 15. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE ........................... 44
SECTION 16. ABANDONMENT ..............................................._. ..............................................50
SECTION 17. FRANCHISE RENEWAL AND TRANSFER....................................................... 50
SECTION 18. SEVERABILITY ................................................................................................ 52
SECTION 19. MISCELLANEOUS PROVISIONS .................................................................... 53

ATTACHMENT A- COMMISSION FRANCHISE STATISTICS - QUARTERLY REPORT
ATTACHMENT B- EXISTING LIVE ORIGINATION SITES
ATTACHMENT C- PCN RATE CARD

Page 40 of 140

SECTION 1. DEFINITIONS
For the purposes of this Agreement and all attachments included hereto, the following
terms, phrases, words and their derivations shall have the meaning given below
unless the context indicates otherwise. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular,
and words in the singular include the plural. Words not defined shall be given their
common and ordinary meaning. The word "shall" is always mandatory and not merely
directory.
1.1

Access means the availability for noncommercial use by various agencies,
institutions, organizations, groups and individuals in the community, including
Grantor and its designees, of the Cable System to acquire, create, receive, and
distribute video and Signals as permitted under applicable law, including, but
not limited to:
(A)

Public Access means Access where organizations, groups or individual
members of the general public, on a nondiscriminatory basis, are the
primary Programmers or users having editorial control over the content;

(B)

Educational Access means Access where Schools and educational
institutions are the primary Programmers or users having editorial
control over the content;

(C)

Governmental Access means Access where governmental institutions
are the primary Programmers or users having editorial control over the
content; and

(D)

PEG Access means Public Access, Educational Access, and
Governmental Access, collectively.

1.2

Access Center means a facility or facilities where PEG Access Signals are
managed and delivered Upstream to the Grantee for Downstream transmission
to Subscribers or to other Access Centers via a dedicated connection.

1.3

Access Channel means any Channel, or portion thereof, designated for noncommercial Access purposes or otherwise made available to facilitate or
transmit Access Programming or service.

1.4

Affiliate when used in connection with Grantee means any corporation, Person
or entity that owns or controls, is owned or controlled by, or is under common
ownership or control with, Grantee.

1.5

Basic Service means Grantee’s lowest level service tier which includes the
retransmission of local television broadcast Signals and PEG Access
Channels, or as such service tier may be further defined by federal law.

1.6

Cable Act means the Cable Communications Policy Act of 1984 and the Cable

Page 41 of 140

1

Television Consumer Protection and Competition Act of 1992 and any
amendments thereto, including those contained in the Telecommunications Act
of 1996.
1.7

Cable Operator means any Person or group of Persons, including Grantee,
who provide Cable Service over a Cable System and directly owns a significant
interest in such Cable System, or who otherwise control or are responsible for,
through any arrangement, the management and operation of such a Cable
System.

1.8

Cable Service shall have the meaning set forth in 47 U.S.C. § 522(6), as
amended, which as of the Effective Date means the one-way transmission to
Subscribers of video programming or other programming service and
Subscriber interaction, if any, which is required for the selection or use of such
video programming or other programming service.

1.9

Cable System means a facility, consisting of a set of closed transmission
paths and associated Signal generation, reception, and control equipment that
is designed to provide Cable Service which includes video programming and
which is provided to multiple Subscribers within a community, but such term
does not include (1) a facility that serves only to retransmit the television
Signals of one (1) or more television broadcast stations; (2) a facility that
serves Subscribers without using any Public Right of Way; (3) a facility of a
common carrier which is subject, in whole or in part, to the provisions of Title II
of the federal Communications Act (47 U.S.C. § 201 et seq.), except that such
facility shall be considered a Cable System (other than for purposes of Section
621(c) (47 U.S.C. § 541(c)) to the extent such facility is used in the
transmission of video programming directly to Subscribers, unless the extent of
such use is solely to provide interactive on-demand service; (4) an open video
system that complies with federal statutes; or (5) any facilities of any electric
utility used solely for operating its electric utility systems.

1.10

Capacity means the maximum ability to carry Signals or other information
within a specified format

1.11

Capital or Capital Cost means the expenditure of funds for resources whose
useful life can be expected to exceed a period of one (1) year or longer as
consistent with Generally Accepted Accounting Principles ("GAAP").

1.12

Channel means a time or frequency slot or technical equivalent on the Cable
System in a specified format, discretely identified and capable of carrying full
motion color video and audio, and may include other non-video subcarriers and
digital information.

1.13

Commission means the Metropolitan Area Communications Commission and
its officers, agents and employees, created and exercising its powers pursuant
to an Intergovernmental Cooperation Agreement entered into by Grantors
herein, as authorized by state law (particularly ORS Chapter 190) and the laws,
charters, and other authority of the individual member units of local government

Page 42 of 140

2

who are members of the Commission. The powers of the Commission have
been delegated to it by Grantors and although it may exercise those powers as
an entity, it remains a composite of Grantors herein.
1.14

Demarcation means up to and including the device where the DAP Signal is
converted into a format to be transmitted over a fiber connection to Grantee.

1.15

Designated Access Provider (“DAP”) means the entity or entities designated
by the Grantor to manage or co-manage PEG Access Channels and Access
Centers. The Grantor may be a Designated Access Provider; however, any
other entity designated by the Grantor shall not be a third party beneficiary
under this Agreement.

1.16

Downstream means the transport of Signals from the Headend to Subscribers
or to Interconnection points served by the Cable System.

1.17

Effective Date means the date defined in Section 2.4 herein.

1.18

FCC means the Federal Communications Commission.

1.19

Franchise means the non-exclusive and revocable authorization for the
construction and/or operation of the Cable System granted in this Agreement.

1.20

Franchise Area means the area within the legal jurisdictional boundaries of
the individual Grantors and any member units of local government who are
members of the Commission during the term of this Agreement. The Franchise
Area shall include any additional signers of the Intergovernmental Agreement
only if Grantee is currently providing Cable Service in such additional areas.
For purposes of Washington County, the Franchise Area includes only the
unincorporated areas within the legal jurisdictional boundaries of the County.

1.21

Grantee means Comcast of Oregon, II, Inc. or its permitted successors,
transferees or assignees.

1.22

Grantor means, individually and, where applicable, collectively, the Oregon
cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston,
Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Tigard, Tualatin,
and West Linn together with Washington County, Oregon.

1.23

Gross Revenue means, and shall be construed broadly to include, all amounts
in whatever form and from all sources derived directly or indirectly by Grantee
and/or an Affiliate from the operation of Grantee's Cable System to provide
Cable Services within the Franchise Area. Gross Revenues include, by way of
illustration and not limitation:
•
•

Page 43 of 140

All amounts included on Subscriber bills in the aggregate price for video
programming pursuant to 47 C.F.R. § 76.310;
Fees for Cable Services, regardless of whether such Cable Services
are provided to residential or commercial Subscribers, including

3

•

•

•
•
•
•

•
•

revenues derived from the provision of all Cable Services (including but
not limited to pay or premium Cable Services, digital Cable Services,
pay-per-view, pay-per-event, audio channels and video-on-demand
Cable Services);
Installation, disconnection, reconnection, downgrade, upgrade,
maintenance, repair, or similar charges associated with Subscriber
Cable Service;
Fees paid to Grantee for Channels designated for commercial/leased
access use, which shall be allocated on a pro rata basis using total Cable
Service Subscribers within the Franchise Area;
Converter, remote control, and other Cable Service equipment rentals,
leases, or sales;
Payments for pre-paid Cable Services and/or equipment;
Advertising Revenues as defined herein;
Fees including, but not limited to: (1) late fees, convenience fees, and
administrative fees; (2) Franchise fees; (3) the FCC user fee and (4)
PEG fees if included on Subscriber billing statements;
Revenues from program guides; and
Commissions from home shopping channels and other Cable Service
revenue sharing arrangements which shall be allocated on a pro rata
basis using total Cable Service Subscribers within the Franchise Area.

“Gross Revenues" shall not be net of: (1) any operating expense; (2) any
accrual, including without limitation, any accrual for commissions to Affiliates; or
(3) any other expenditure, regardless of whether such expense, accrual, or
expenditure reflects a cash payment. "Gross Revenues," however, shall not be
double counted. Revenues of both Grantee and an Affiliate that represent a
transfer of funds between the Grantee and the Affiliate, and that would
otherwise constitute Gross Revenues of both the Grantee and the Affiliate,
shall be counted only once for purposes of determining Gross Revenues.
Similarly, operating expenses of the Grantee which are payable from Grantee's
revenue to an Affiliate and which may otherwise constitute revenue of the
Affiliate, shall not constitute additional Gross Revenues for the purpose of this
Franchise. "Gross Revenues" shall include amounts earned by Affiliates only to
the extent that Grantee could, in concept, have earned such types of revenue
in connection with the operation of Grantee's Cable System to provide Cable
Services and recorded such types of revenue in its books and Records directly,
but for the existence of Affiliates. "Gross Revenues" shall not include sales
taxes imposed by law on Subscribers that the Grantee is obligated to collect.
(A)

Page 44 of 140

"Advertising Revenues" shall mean amounts derived from sales of
advertising that are made available to Grantee's Cable System
Subscribers within the Franchise Area and shall be allocated on a pro
rata basis using total Cable Service Subscribers reached by the
advertising. Whenever Grantee acts as the principal in advertising
arrangements involving representation firms and/or advertising
Interconnects and/or other multichannel video providers, Advertising
Revenues subject to Franchise fees shall include the total amount from
advertising that is sold, and not be reduced by any operating expenses

4

(e.g., "revenue offsets" and "contra expenses" and "administrative
expenses" or similar expenses), or by fees, commissions, or other
amounts paid to or retained by National Cable Communications or
Comcast Advertising or similarly affiliated advertising representation
firms or their successors involved with sales of advertising on the Cable
System within the Franchise Area.
(B)

"Gross Revenues" shall not include:
•

•

•
•
•

(C)

Actual Cable Services bad debt write-offs, except any portion
which is subsequently collected which shall be allocated on a
pro rata basis using Cable Services revenue as a percentage of
total Grantee revenues within the Franchise Area;
Any taxes and/or fees on services furnished by Grantee
imposed on Subscribers by any municipality, state or other
governmental unit, provided that the Franchise fee, the FCC
user fee and PEG fee shall not be regarded as such a tax or
fee;
Launch fees and marketing co-op fees;
Revenues associated with the provision of managed network
services provided under separate business contract; and
Unaffiliated third party advertising sales agency fees or
commissions which are reflected as a deduction from revenues.
except when Grantee acts as a principal as specified in
paragraph (A) immediately above.

To the extent revenues are derived by Grantee for the provision of a
discounted bundle of services which includes Cable Services and nonCable Services, Grantee shall calculate revenues to be included in
Gross Revenues using a methodology that allocates revenue on a pro
rata basis when comparing the bundled service price and its
components to the sum of the published rate card prices for such
components, provided that Grantee shall not pro rate any amounts
(including fees collected from Subscribers) attributable solely to Cable
Service that are not part of the bundled package. Except as required by
specific federal, state or local law, it is expressly understood that
equipment may be subject to inclusion in the bundled price at full rate
card value. This calculation shall be applied to every bundled service
package containing Cable Service from which Grantee derives
revenues in the Franchise Area. The Grantor reserves its right to review
and to challenge Grantee's calculations.
Example: Prior to any bundle-related price reduction, if Cable Service is
valued at 50% of the total of the services to be offered in a bundle, then
Cable Service is to be valued and reported as being no less than fifty
percent (50%) of the price of the bundled service total.

(D)

Page 45 of 140

Grantee reserves the right to change the allocation methodologies set
forth in paragraph (C) above to meet standards mandated by the
Financial Accounting Standards Board ("FASB"), Emerging Issues Task

5

Force ("EITF") and/or the U.S. Securities and Exchange Commission
("SEC"). Grantor acknowledges and agrees that Grantee shall calculate
Gross Revenues in a manner consistent with GAAP where applicable;
however, the Grantor reserves its right to challenge Grantee's
calculation of Gross Revenues, including Grantee's interpretation of
GAAP and Grantee's interpretation of FASB, EITF and SEC directives.
Grantee agrees to explain and document the source of any change it
deems required by FASB, EITF and SEC concurrently with any
Franchise-required document at the time of submittal, identifying each
revised Section or line item.
(E)

Grantor agrees and acknowledges that Grantee shall maintain its books
and Records in accordance with GAAP.

1.24

Headend means Grantee's facility for Signal reception and dissemination on
the Cable System, including cables, antennas, wires, satellite dishes, monitors,
switches, modulators, processors, equipment for the Interconnection of the
Cable System with adjacent Cable Systems or other separate communications
network, and all other related equipment and facilities.

1.25

Interconnect or Interconnection means the provision by Grantee of technical,
engineering, physical, financial and all other necessary components to provide
and adequately maintain a physical linking of Grantee's Cable System with any
other designated Cable System or any separate communications network, so
that services of technically adequate quality may be sent to, and received from,
such other systems to the extent required by this Agreement.

1.26

Leased Access Channel means any Channel commercially available for
Programming for a fee or charge by Grantee to members of the general public.

1.27

Origination Point means a location other than an Access Center, where PEG
Access Programming is delivered to the Grantee for Upstream transmission.

1.28

Parent Corporation means Comcast Communications, Inc. or successors and
assigns and includes any other existing or future corporations with greater than
fifty percent (50%) ownership or control over Grantee.

1.29

Person means any individual, sole proprietorship, partnership, association,
corporation, or any other form of organization authorized to do business in the
State of Oregon, and includes any natural person.

1.30

Programmer means any Person responsible for PEG Access Programming on
the Cable System, including, without limitation, any Person who produces or
otherwise provides PEG Access Programming for transmission on the Cable
System.

1.31

Programming means television programs, audio, video or other patterns of
Signals to be transmitted on the Cable System, and includes all programs or
patterns of Signals transmitted, or capable of being transmitted, on the Cable
System.

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6

1.32

Public Communications Network ("PCN") means the separate
communications institutional network provided by the Grantee under Section 12
of this Agreement designed principally for the provision of non-entertainment,
interactive services to public Schools, public universities and colleges, Pacific
University, public agencies, or the Virginia Garcia Health Centers (or successor
agencies) for use in connection with the ongoing operations of such institutions.
Services provided include data to PCN users on an individual application,
private channel basis.

1.33

Public Rights of Way include, but are not limited to, Streets, bridges,
sidewalks, trails, paths, public utility easements, and all other public ways,
including the subsurface under and air space over these areas, excluding parks
and parkways, but only to the extent of the Grantor's right, title, interest, or
authority to grant a Franchise to occupy and use such Streets and easements
for Cable System facilities. "Public Rights of Way" shall also include any
easement granted to or owned by the Grantor and acquired, established,
dedicated, or devoted for public utility purposes to the extent the easement
authorizes use of the easement area for Cable Systems. Nothing in this
Agreement shall preclude Grantee's use of private easements as set forth in 47
U.S.C. § 541(a)(2).

1.34

Record means written or graphic materials, however produced or reproduced,
or any other tangible permanent record, to the extent related to the
enforcement or administration of this Agreement.

1.35

Quarterly or Quarter means the standard calendar periods of January 1 March 31, April 1 - June 30, July 1 - September 30, and October 1 - December
31, unless otherwise specified in this Agreement.

1.36

School means any accredited educational institution, public or private, including,
but not limited to, primary and secondary Schools.

1.37

Section means a provision of this Agreement, unless specified as part of
another document.

1.38

Signal means any electrical or light impulses carried on the Cable System,
whether one-way or bi-directional.

1.39

Streets means the surface of any public street, road, alley or highway, within the
Grantor, used or intended to be used by the general public for general
transportation purposes to the extent the Grantor has the right to allow the
Grantee to use them, and the space above and below.

1.40

Subscriber means any Person who is lawfully receiving, for any purpose or
reason, any Cable Service provided by Grantee by means of, or in connection
with, the Cable System.

1.41

Upstream means the transport of Signals to the Headend from remote points

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7

on the Cable System or from Interconnection points on the Cable System.
SECTION 2. GRANT OF FRANCHISE
2.1

2.2

Grant
(A)

Grantor hereby grants to Grantee a nonexclusive and revocable
authorization to make lawful use of the Public Rights of Way within the
Franchise Area to construct, operate, maintain, reconstruct, and repair a
Cable System for the purpose of providing Cable Services and to
provide a PCN for voice, video, and data, subject to the terms and
conditions set forth in this Agreement.

(B)

This Agreement is intended to convey limited authority and interests
only as to those Public Rights of Way in which the Grantor has an
actual interest. It is not a warranty of title or interest in any Public Rights
of Way, it does not provide the Grantee any interest in any particular
location within the Public Rights of Way, and it does not confer rights
other than as expressly provided in the grant hereof. This Agreement
does not deprive the Grantor of any powers, rights, or privileges it now
has, or may acquire in the future, to use, perform work on, or regulate
the use and control of the Grantor's Public Rights of Way covered by
this Agreement, including without limitation, the right to perform work on
its Streets, or appurtenant public works facilities, including constructing,
altering, paving, widening, grading, or excavating thereof.

(C)

This Agreement authorizes Grantee to engage in providing Cable
Service and to provide a related PCN as described in Section 12 of this
Agreement. This Agreement shall not be interpreted to prevent the
Grantor from imposing lawful additional conditions including additional
compensation conditions for use of the Public Rights of Way should
Grantee provide service other than Cable Service, to the extent
consistent with applicable federal law. Nothing herein shall be
interpreted to prevent Grantee from challenging the lawfulness or
enforceability of any provisions of applicable law.

(D)

Grantee promises and guarantees as a condition of exercising the
privileges granted by this Agreement that any agent, Affiliate or joint
venture or partner of the Grantee directly involved in the offering of
Cable Service in the Franchise Area, or directly involved in the
management or operation of the Cable System in the Franchise Area,
will also comply with the terms and conditions of this Agreement.

Use of Public Rights of Way
Subject to Grantor's supervision and control and the terms of this Agreement,
Grantee may erect, install, construct, repair, replace, reconstruct, and retain in,
on, over, under, upon, across, and along the Public Rights of Way within the
Franchise Area, such wires, cables, conductors, ducts, conduits, vaults,

Page 48 of 140

8

amplifiers, pedestals, attachments, and other property and equipment as are
necessary and appurtenant to the operation of a Cable System for the
provision of Cable Service within the Franchise Area. Grantee shall comply
with all applicable construction codes, laws, ordinances, regulations and
procedures now in effect or enacted hereafter, and must obtain any and all
necessary permits from all appropriate agencies prior to commencing any
construction activities. Grantee, through this Agreement, is granted extensive
and valuable authority to operate its Cable System for profit using Grantor's
Public Rights of Way within the Franchise Area in compliance with all
applicable Grantor construction codes and procedures. As trustee for the
public, Grantor is entitled to fair compensation to be paid for the valuable
authority throughout the term of this Agreement subject to federal law.
2.3

Duration
The term of this Agreement and all authority, privileges, obligations, and
restrictions pertaining thereto shall be from the Effective Date of this
Agreement through June 30, 2036, unless extended or terminated sooner as
hereinafter provided.

2.4

Effective Date
The Effective Date of this Agreement shall be July 1, 2026, unless Grantee fails
to file an unconditional written acceptance of this Agreement and post the
security required in Section 5.3. Grantee shall accept this Agreement within
forty-five (45) days of the date that all Grantor jurisdictions have approved the
Agreement, unless the time for acceptance is extended in writing by Grantor. In
the event acceptance does not take place or the security is not posted as
required hereunder, this Agreement shall be voidable at the reasonable
discretion of Grantor, and any and all authority of Grantee to own or operate a
Cable System within the Franchise Area under the express terms of this
Agreement shall be of no force or effect.

2.5

Franchise Nonexclusive
This Agreement shall be nonexclusive, and is subject to all prior rights,
interests, agreements, permits, easements or licenses granted by Grantor to
any Person to use any Street, Public Rights of Way, easements not otherwise
restricted, or property for any purpose whatsoever, including the right of
Grantor to use same for any purpose it deems fit, including the same or similar
purposes allowed Grantee hereunder. Grantor may, at any time, grant
authorization to use the Streets and Public Rights of Way for any purpose and
for such additional Franchises for Cable Systems as Grantor deems
appropriate subject to Section 2.6 below.

2.6

Grant of Other Franchises
(A)

Page 49 of 140

The Grantor reserves the right to grant additional franchises or similar
authorizations to provide Cable Services via Cable Systems or similar

9

wireline systems located in the Public Rights of Way. Grantor intends to
treat wireline competitors in a nondiscriminatory manner in keeping with
federal law. If the Grantor grants such an additional franchise or
authorization to use the Public Rights of Way to provide Cable Services
via Cable Systems or similar wireline systems located in the Public
Rights of Way and Grantee reasonably believes the Grantor has done
so on terms materially more favorable than the obligations under this
Agreement, then the provisions of this Section 2.6 will apply.
(B)

Page 50 of 140

As part of this Agreement, the Grantor and Grantee have
mutually agreed that only the following material Franchise
terms may be used to compare Grantee's Franchise to a
wireline competitor: a five percent (5%) Franchise fee, PEG
funding, PEG Access Channels, customer service
obligations and complimentary services (hereinafter
"Material Obligations").Grantor and Grantee agree that
these Material Obligations bear no relationship to the
technology employed by the Grantee or a wireline
competitor and as such can reasonably be expected to be
applied fairly across all wireline competitors.

(C)

Anytime after the adoption of a wireline competitor's franchise or similar
authorization, Grantee must notify the Grantor in writing of the Material
Obligations in the wireline competitor’s franchise that are materially
more favorable than the Material Obligations of this Agreement. The
Grantor shall have one hundred twenty (120) days to agree to allow
Grantee to adopt the same Material Obligations provided to the wireline
competitor, or dispute that the Material Obligations in the wireline
competitor’s franchise are materially more favorable. In the event the
Grantor disputes the Material Obligations in the wireline competitor’s
franchise are materially more favorable, Grantee may bring an action in
federal or state court for a determination as to whether the Material
Obligations are materially more favorable and as to what Franchise
amendments would be necessary to remedy the disparity. Alternatively,
Grantee may notify the Grantor that it elects to immediately commence
the renewal process under 47 U.S.C. § 546 and to have the remaining
term of this Franchise shortened to not more than thirty (30) months.

(D)

Nothing in this Section 2.6 is intended to alter the rights or obligations of
either party under applicable federal or state law, and it shall only apply
to the extent permitted under applicable law and FCC orders. In no
event will the Grantor be required to refund or to offset against future
amounts due the value of benefits already received.

(E)

This provision does not apply if the Grantor is ordered or required to
issue a franchise on different terms and conditions, or it is legally unable
to impose on a competitor the same Material Obligations as in this
Agreement; and the relief is contingent on the new wireline competitor
actually commencing provision of Cable Service in the market to its first

10

customer. Should the new wireline competitor fail to continuously
provide Cable Service for a period of six (6) months, the Grantor has
the right to implement this Agreement with its original terms upon one
hundred eighty (180) days' notice to Grantee.
(F)

2.7

This Section shall apply separately in the individual member units of
local government who are members of the Commission. Grantee may
seek to invoke the provisions of this Section only in that individual
jurisdiction, not in any jurisdiction where a competitor has not secured a
competitive franchise. This Section does not apply to open video
systems, nor does it apply to common carrier systems exempted from
franchise requirements pursuant to 47 U.S.C. § 571; or to systems that
serve less than five percent (5%) of the geographic area of the Grantor;
or to systems that only provide video services via the public Internet.

Police Powers
Grantee's authority hereunder is subject to the lawful police powers of Grantor
to adopt and enforce ordinances necessary to the safety, health, and welfare of
the general public. Nothing in this Agreement shall be deemed to waive the
requirements of the other codes and ordinances of general applicability
enacted, or hereafter enacted, by Grantor. Grantee agrees to comply with all
applicable laws and ordinances enacted, or hereafter enacted, by Grantor or
any other legally-constituted governmental unit having lawful jurisdiction over
the subject matter hereof. Nothing in this Section shall be deemed a waiver by
Grantee or the Grantor of the rights of Grantee or the Grantor under applicable
law.

2.8

Relations to Other Provisions of Law
This Agreement and all authority and privileges granted under it are subject to,
and the Grantee must exercise all authority in accordance with, applicable law
as amended over the Franchise term. This Agreement is a contract, subject to
the Grantor's exercise of its police and other regulatory powers and such
applicable law. This Agreement does not confer rights, authority, privileges or
immunities upon the Grantee other than as expressly provided herein. In cases
of conflict between this Agreement and any ordinance of general application
enacted pursuant to the Grantor's police power, the ordinance shall govern.
Grantee reserves all rights it may have to challenge the lawfulness of any
Grantor ordinance, whether arising in contract or at law. The Grantor reserves
all of its rights and defenses to such challenges, whether arising in contract or
at law. The Franchise issued, and the Franchise fee paid hereunder, are not in
lieu of any other required permit, authorization, fee, charge, or tax, unless
expressly stated herein.

2.9

Effect of Acceptance
By accepting the Franchise the Grantee: (1) acknowledges and accepts the
Grantor's legal right to issue and enforce the Agreement; (2) agrees that it will

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11

not oppose the Grantor's intervening or other participation in any proceeding
affecting the Cable System; (3) accepts and agrees to comply with each and
every provision of this Agreement; and (4) agrees that the Franchise was
granted pursuant to processes and procedures consistent with applicable law,
and that it will not raise any claim to the contrary.
SECTION 3.
3.1

FRANCHISE FEE AND FINANCIAL CONTROLS

Franchise Fees
(A)

As compensation for the benefits and privileges granted under this
Agreement, and in consideration of permission to use Public Rights of
Way, Grantee shall pay as a Franchise fee to Grantor, throughout the
duration of this Agreement, an amount equal to five percent (5%) of
Grantee's Gross Revenues. Accrual of such Franchise fees shall
commence as of the Effective Date of this Agreement. The Franchise
fees are in addition to all other fees, license, permit fee, assessments,
taxes, or payments of general applicability, including any fee, tax or
charge on the business, occupation, property or income of Grantee that
may be imposed by Grantor, that the Grantee may be required to pay
under any federal, state, or local law to the extent not inconsistent with
applicable law. This Agreement and the Franchise fees paid hereunder
are not in lieu of any other generally applicable required permit,
authorization, fee, charge, or tax.

In the event any law or valid rule or regulation applicable to this
Franchise limits Franchise fees below the five percent (5%) of Gross
Revenues required herein, the Grantee agrees to and shall pay the
maximum permissible amount and, if such law or valid rule or regulation
is later repealed or amended to allow a higher permissible amount, then
the Grantee shall pay the higher amount up to the maximum allowable
by law, not to exceed five percent (5%) during all affected time periods.
Payments
(B)

3.2

Grantee's Franchise fee payments to Grantor shall be computed Quarterly.
Each Quarterly payment shall be due and delivered to Grantor no later than
forty-five (45) days after the last day of the preceding Quarter.
3.3

Acceptance of Payment and Recomputation
No acceptance of any payment shall be construed as an accord by Grantor that
the amount paid is, in fact, the correct amount, nor shall any acceptance of
payments be construed as a release of any claim Grantor may have for further
or additional sums payable or for the performance of any other obligation of
Grantee.

3.4

Quarterly Franchise Fee Reports
Each payment shall be accompanied by a written report to Grantor, verified by

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12

an authorized representative of the Grantee, containing an accurate statement
in summarized form, as well as in detail, and in a form agreed to by Grantor, of
Grantee's Gross Revenues and the computation of the payment amount.
3.5

Annual Franchise Fee Reports
Grantee shall, no later than one hundred twenty (120) days after the end of
each calendar year, furnish to Grantor a statement verified by an authorized
representative of the Grantee, stating the total amount of Gross Revenues and
all payments, deductions, and computations for the period covered by the
payments.

3.6

Audit/Reviews
No more frequently than every twenty-four (24) months, upon thirty (30) days’
prior written notice, Grantor shall have the right to conduct an independent
audit or review of Grantee's Records reasonably related to the administration or
enforcement of this Agreement. The Grantor may hire an independent third
party to audit or review the Grantee's financial Records, in which case the
Grantee shall provide all necessary Records to the third party. All such
Records shall be provided in electronic format fully compatible with Grantor's
software. If the audit or review shows that Franchise fees have been underpaid
by five percent (5%) or more, Grantee shall reimburse Grantor the reasonable
cost of the audit or review up to twenty thousand dollars ($20,000) within thirty
(30) days of the Grantor's written demand for same. Records for audit/review
purposes shall include without limitation:

3.7

(A)

Source documents, which demonstrate the original or beginning amount,
and the final amount shown on any report related to and/or included in
the determination of Franchise fees, including revenues or expenses
related thereto.

(B)

Source documents that completely explain any and all calculations
related to any allocation of any amounts involving Franchise fees,
revenues, or expenses related thereto.

(C)

Any and all accounting schedules, statements, and any other form of
representation, which relate to, account for, and/or support and/or
correlate to any accounts involving Franchise fees, revenues or
expenses related thereto.

Interest on Late Payments
Payments not received within forty-five (45) days from the Quarter ending date
or are underpaid shall be assessed interest from the due date at a rate equal to
the legal interest rate on judgements in the State of Oregon.

3.8

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Additional Commitments Not Franchise Fees

13

3.9

(A)

No term or condition in this Agreement shall in any way modify or affect
Grantee's obligation to pay Franchise fees related to Cable Services to
Grantor in accordance with applicable law, except as expressly
provided in 47 C.F.R. § 76.42. Although the total sum of Franchise fee
payments and additional commitments set forth elsewhere in this
Agreement may total more than five percent (5%) of Grantee's Gross
Revenues in any twelve (12) month period, Grantee agrees that the
additional commitments herein are not Franchise fees as defined under
federal law, to the extent not inconsistent with applicable federal law,
nor are they to be offset or credited against any Franchise fee
payments due to Grantor, except as expressly provided in 47 C.F.R. §
76.42.

(B)

To the extent Grantee believes any in-kind, cable-related contributions
are considered “franchise fees” subject to the five percent cap set forth
in 47 U.S.C. § 542(b) as expressly provided in 47 C.F.R. § 76.42,
Grantee shall provide Grantor written notice of each in-kind, cablerelated contribution and Grantee’s calculation of the marginal cost to
Grantee of each contribution. Within thirty (30) days of a request from
Grantor, Grantee shall provide documentation to support Grantee’s
calculation of marginal cost. Within one hundred and twenty (120) days
of receiving the notice and requested documentation to support
Grantee’s calculation, Grantor will notify Grantee, with respect to each
identified in-kind, cable-related contribution, whether (i) the Grantee is
relieved of the obligation in whole or in part; (ii) the Grantee may count
the in-kind, cable-related contribution toward the Franchise fee cap at
the marginal cost of such contribution; or (iii) Grantor disputes that the
contribution is subject to inclusion in Franchise fees pursuant to 47
C.F.R. § 76.42 or disputes the calculation of marginal cost, in which
case the parties shall follow the dispute resolution procedures in
Section 19.2.

Costs of Publication
Grantee shall pay the reasonable cost of newspaper notices and publication
pertaining to this Agreement, and any amendments thereto, including changes
in control or transfers of ownership, as such notice or publication is reasonably
required by applicable law.

3.10

Payment on Termination
If this Agreement terminates for any reason, the Grantee shall file with the
Grantor within ninety (90) calendar days of the date of the termination, a
financial statement, certified by an independent certified public accountant,
showing the Gross Revenues received by the Grantee since the end of the
previous fiscal year. The Grantor reserves the right to satisfy any remaining
financial obligations of the Grantee to the Grantor by utilizing the funds
available in a performance bond or other security provided by the Grantee.

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SECTION 4. ADMINISTRATION AND REGULATION
4.1

Authority
Grantor is vested with the power and right to regulate the exercise of the
privileges permitted by this Agreement in the public interest, or to delegate that
power and right, or any part thereof, to the extent permitted under state and
local law, to any agent, in its sole discretion. Grantor has vested the
Commission with the administration of this Agreement and Grantee is expected
to rely upon, look to, communicate with and comply with the decisions and
orders of the Commission, its agents and employees on all cable matters to
which the Grantor has lawfully delegated to the Commission the exercise of its
authority under this Agreement during such time that Grantor is a member of
the Commission. Should the Commission dissolve during the term of this
Agreement, all references to the Commission in this Agreement shall be
deemed to reference the Grantor without the need to amend this Agreement.
In the event Grantor withdraws from the Commission or the Commission
ceases to operate, Grantor will work in good faith with Grantee to adopt any
necessary amendments to this Agreement needed to preserve the rights
provided hereunder in an equitable manner for both parties, including the
potential need to adjust the PEG Channel capacity requirements of Section 9
and the performance bond amount in Section 5.3.

4.2

Rates and Charges
All of Grantee's rates and charges related to or regarding Cable Service shall
be subject to regulation by Grantor to the full extent authorized by applicable
federal, state and local laws.

4.3

Rate Discrimination
All of Grantee's rates and charges shall be published (in the form of a publicly
available rate card), and shall be nondiscriminatory as to all Persons of similar
classes, under similar circumstances and conditions. Grantee shall apply its
rates in accordance with governing law, without regard to race, color, familial,
ethnic or national origin, religion, age, sex, sexual orientation, marital status,
military status, or physical or mental disability, or geographic location in the
Franchise Area except to the extent expressly permitted by applicable law.

4.4

Filing of Rates and Charges
Throughout the term of this Agreement, Grantee shall maintain on file with
Grantor a complete schedule of applicable rates and charges for Cable Service
provided under this Agreement.

4.5

Time Limits Strictly Construed
Whenever this Agreement sets forth a time for any act to be performed by
Grantee, such time shall be deemed to be of the essence, and any failure of

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Grantee to perform within the allotted time may be considered a material
violation of this Agreement and sufficient grounds for Grantor to invoke any
relevant provision of this Agreement. However, in the event that Grantee is
prevented or delayed in the performance of any of its obligations under this
Agreement by reason of a force majeure occurrence, as defined in Section 4.7,
Grantee's performance shall be excused during the force majeure occurrence
and Grantee thereafter shall, under the circumstances, promptly perform the
affected obligations under this Agreement or procure a substitute for
performance which is satisfactory to Grantor. Grantee shall not be excused by
mere economic hardship or by misfeasance or malfeasance of its directors,
officers, employees, or duly authorized agents.
4.6

4.7

Mid-Term Performance Evaluation Session
(A)

Upon sixty (60) days’ notice to Grantee, Grantor may hold a single
performance evaluation session during the term of this Agreement.
Grantor shall conduct such evaluation session.

(B)

The evaluation session shall be open to the public and announced at
least one week in advance in a newspaper of general circulation in the
Franchise Area.

(C)

The evaluation session shall deal with the Grantee's performance of the
terms and conditions of this Agreement and compliance with state and
federal laws and regulations.

(D)

Upon request, as part of the performance evaluation session, Grantee
shall submit to the Grantor a plant survey, report, or map, in a format
mutually acceptable to Grantor and Grantee, which includes a
description of the portions of the Franchise Area that are cabled and
have all Cable Services available. Such report shall also include the
number of miles and location of overhead and underground cable plant.
If the Grantor has reason to believe that a portion or all of the Cable
System does not meet the applicable FCC technical standards, the
Grantor, at its expense, reserves the right to appoint a qualified
independent engineer to evaluate and verify the technical performance
of the Cable System.

(E)

During the evaluation under this Section, Grantee shall fully cooperate
with Grantor and shall provide such information and documents as
necessary and reasonable for Grantor to perform the evaluation subject
to Section 7.2.

Force Majeure
For the purposes of interpreting the requirements in this Agreement, force
majeure shall mean: an event or events reasonably beyond the ability of
Grantee to anticipate and control. This includes, but is not limited to, severe
weather conditions, strikes, labor disturbances, lockouts, war or act of war

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(whether an actual declaration of war is made or not), insurrection, riots, acts of
public enemy, actions or inactions of any government instrumentality or public
utility including condemnation, accidents for which Grantee is not primarily
responsible, fire, flood, or other acts of God, or documented work delays
caused by waiting for utility providers to service or monitor utility poles to which
Grantee's facilities are attached, and documented unavailability of materials
and/or qualified labor to perform the work necessary to the extent that such
unavailability of materials or labor was reasonably unforeseeable and beyond
the control of Grantee.
SECTION 5.
5.1

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FINANCIAL AND INSURANCE REQUIREMENTS

Insurance Requirements
(A)

General Requirement. Grantee must have adequate insurance in full
force and effect at its own cost and expense during the entire term of
this Agreement to protect against claims for injuries to Persons or
damages to property which in any way relate to, arise from, or are
connected with this Agreement or involve Grantee, its agents,
representatives, contractors, subcontractors and their employees.

(B)

Initial Insurance Limits. Grantee must keep insurance in effect in
accordance with the minimum insurance limits herein set forth by the
Grantor from time to time. The Grantee shall obtain policies for the
following initial minimum insurance limits:
(1)

Commercial General Liability insurance with limits of no less
than three million dollars ($3,000,000.00) per occurrence and
three million dollars ($3,000,000.00) general aggregate.
Coverage shall include severability of interests with respect to
each additional insured. Such insurance shall cover liability
arising from premises, operations, property damage,
independent contractors, products-completed operations, bodily
injury, personal injury and advertising injury, and liability
assumed under an insured contract. There shall be no exclusion
for liability arising from explosion, collapse, or underground
property damage. The Grantor shall be included as an additional
insured under the Grantee’s Commercial General Liability
insurance policy with respect to this Franchise Agreement.

(2)

Commercial Automobile Liability Insurance covering all owned,
non-owned, hired and leased vehicles, with a minimum
combined single limit for bodily injury and property damage of
three million dollars ($3,000,000.00) per accident. The policy
shall contain a severability of interest provision with respect to
each additional insured.

(3)

Employer’s Liability: Three million dollars ($3,000,000);

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(4)

Workers Compensation: With coverages and limits in
accordance with applicable State of Oregon statutes;

(5)

Excess or Umbrella Liability Insurance shall be written with limits
of not less than three million dollars ($3,000,000.00) per
occurrence and annual aggregate. The Excess or Umbrella
Liability requirements and limits may be satisfied instead through
Grantee’s Commercial General Liability and Automobile Liability
Insurance, or any combination thereof that achieves the overall
required limits.

(C)

The Grantee shall cause each of its subcontractors to provide insurance
coverage reasonably appropriate to the scope of each such
subcontractor’s work.

(D)

Failure on the part of the Grantee to maintain the insurance as required
may constitute a material breach of this Agreement.

(E)

If Grantee changes its policy to include a self-insured retention, the
Grantee shall give notice of such change to the Grantor. Grantor’s
approval will be given if the self-insured retention is consistent with
standard industry practices. Any deductible or self-insured retention of
the policies shall not in any way limit Grantee’s liability to the Grantor.

(F)

Endorsements.
(1)

(2)

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All policies shall contain, or shall be endorsed so that:
(a)

The Grantor, its officers, officials, employees, boards,
commissions and agents are to be covered as, and have
the rights of, additional insureds with respect to liability
arising out of activities performed by, or on behalf of,
Grantee under this Agreement or applicable law, or in the
construction, operation or repair, or ownership of its
Cable System;

(b)

The Grantee’s insurance coverage shall be primary
insurance with respect to the Grantor, its officers,
officials, employees, boards, commissions and agents.
Any insurance or self-insurance maintained by the
Grantor, its officers, officials, employees, boards,
commissions and agents shall be in excess of the
Grantee’s insurance and shall not contribute to it; and

(c)

Grantee’s insurance shall apply separately to each
insured against whom a claim is made or lawsuit is
brought, except with respect to the limits of the insurer's
liability.

All policies shall contain, or shall be endorsed so that:

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(a)

5.2

(G)

Acceptability of Insurers. The insurance obtained by Grantee shall be
placed with insurers with a Best’s rating of no less than “A: VII.”

(H)

Verification of Coverage. The Grantee shall furnish the Grantor with
certificates of insurance and endorsements or a copy of the page of the
policy reflecting blanket additional insured status. The certificates and
endorsements for each insurance policy are to be signed by a Person
authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry
practices and are to be received and approved by the Grantor prior to
the commencement of activities associated with this Agreement. The
Grantee hereby warrants that its insurance policies satisfy the
requirements of this Agreement.

(I)

Adequacy of Limits and Coverage. It is agreed that the insurance
requirements shall not in any way act to reduce or otherwise alter the
liability of Grantee herein. No representation is made that the minimum
insurance requirements of this Franchise are sufficient to cover the
obligations of Grantee hereunder.

Indemnification
(A)

Scope of Indemnity. Grantee shall, at its sole cost and expense,
indemnify, hold harmless, and defend the Grantor and its officers,
boards, commissions, duly authorized agents, and employees from and
against any and all claims (including, but not limited to, third party
claims), demands, suits, causes of action, proceedings, and judgments
for damages or equitable relief, to the extent such liability arises out of
or through the acts or omissions of the Grantee, or is alleged to arise
out of or through the acts or omissions of the Grantee, related to or
arising out of the construction, operation or repair of its Cable System
regardless of whether the act or omission complained of is authorized,
allowed, or prohibited by this Agreement, provided, however, the
Grantee will not be obligated to indemnify Grantor should Grantor opt to
intervene in any proceeding pursuant to Section 2.9 of this Agreement;
and provided further Grantee will not be obligated to indemnify Grantor
for damage or injury resulting from the negligence or willful negligence
of Grantor. Without limiting in any way the Grantee's obligation to
indemnify the Grantor and its officers, boards, commissions, duly
authorized agents, and employees, as set forth above, this indemnity
provision also includes damages and liabilities such as:
(1)

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The policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits, nor shall the intention
not to renew be stated by the insurance company except
after forty-five (45) days’ prior written notice, return
receipt requested, has been provided to Grantor.

To persons or property, to the extent such liability arises out of

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or through the acts or omissions of the Grantee, its contractors,
subcontractors, and their officers, employees, or duly authorized
agents, or to which the Grantee's negligence or fault shall in any
way contribute;

(B)

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(2)

Arising out of any claim for invasion of the right of privacy; for
defamation of any Person, firm or corporation; for the violation or
infringement of any copyright, trademark, trade name, service
mark, or patent; for a failure by the Grantee to secure consents
from the owners or authorized distributors of programs to be
delivered by the Cable System; or for violation of any other right
of any Person, to the extent such liability arises out of or through
the acts or omissions of the Grantee, provided, however, that
Grantee will not be required to indemnify Grantor for any such
claims arising out of use of PEG Access Channels or use of
PEG funds by Grantor and/or DAP;

(3)

Arising out of Grantee's failure to comply with the provisions of
any federal, state or local statute, ordinance, rule or regulation
applicable to the Grantee with respect to any aspect of its
business to which this Agreement applies, to the extent such
liability arises out of or through the acts or omissions of the
Grantee; and

(4)

Arising from any third party suit, action or litigation, whether
brought by a competitor to Grantee or by any other Person or
entity, to the extent such liability arises out of or through the acts
or omissions of the Grantee, whether such Person or entity does
or does not have standing to bring such suit, action or litigation if
such action (1) challenges the authority of the Grantor to issue
this Agreement to Grantee; or (2) alleges that, in issuing this
Agreement to Grantee, the Grantor has acted in a disparate or
discriminatory manner.

Duty to Give Notice and Tender Defense. The Grantor shall give the
Grantee timely written notice of any claim or of the commencement of
any action, suit or other proceeding covered by the indemnity obligation
in this Section. In the event any such claim arises, the Grantor or any
other indemnified party shall tender the defense thereof to the Grantee
and the Grantee shall have the obligation and duty to defend, settle or
compromise any claims arising thereunder, and the Grantor shall
cooperate fully therein. Grantee shall accept or decline the tender within
thirty (30) days. Grantee shall reimburse reasonable attorney fees and
costs incurred by the Grantor during the thirty (30) day period in which
the Grantee accepts or declines tender. In the event that the Grantee
declines defense of the claim in violation of this Section 5.2, the Grantor
may defend such claim and seek recovery from Grantee for its
expenses for attorney fees, costs and disbursements, including expert

20

witness fees, incurred by Grantor for defense and in seeking such
recovery.
5.3

Performance Bond
(A)

In addition to any other generally applicable bond or security fund
obligations required by local ordinance or regulation, upon the Effective
Date of this Agreement, the Grantee shall furnish proof of the posting of
a faithful performance bond running to the Grantors collectively with
good and sufficient surety approved by the Commission, in the penal
sum of Three Hundred Fifty Thousand Dollars ($350,000.00),
conditioned that Grantee shall well and truly observe, fulfill and perform
each term and condition of this Agreement. Such bond shall be issued
by a bonding company licensed to do business in the State of Oregon
and shall be maintained by the Grantee throughout the term of this
Agreement.

(B)

The bond shall contain a provision that it shall not be terminated or
otherwise allowed to expire without thirty (30) days’ written notice first
being given to the Grantor. The bond shall be subject to the approval of
the Grantor or the Commission as to its adequacy under the
requirements of this Section. During the term of the bond, Grantee shall
file with the Grantor a duplicate copy of the bond along with written
evidence of payment of the required premiums unless the bond
otherwise provides that the bond shall not expire or be terminated
without thirty (30) days’ prior written notice to the Grantor.

SECTION 6. CUSTOMER SERVICE
6.1

Grantee shall comply with the customer service standards set forth in 47 C.F.R.
Part 76 of the FCC’s rules and regulations, as amended, including but not
limited to 47 C.F.R. §§ 76.309, 76.1602, 76.1603, 76.1619 and 76.1713.
Nothing in this Franchise shall be deemed to waive any rights or authority
Grantor may have pursuant to 47 U.S.C. § 552.

6.2

Emergency Broadcast. Grantee will comply with the Emergency Alert System
(EAS) as provided under applicable FCC Regulations, the Oregon State EAS
Plan and the local EAS plan, if any, that applies to Grantor.

6.3

ADA Accessible Equipment. Grantee shall comply with the Americans with
Disabilities Act ("ADA"), any amendments thereto and any other applicable
federal, state or local laws or regulations. Grantee shall notify Subscribers of
the availability of ADA equipment and services and, upon request, shall provide
such equipment and services in accordance with federal and state laws.

6.4

Discriminatory Practices. Grantee shall not deny Cable Service, or otherwise
discriminate against Subscribers, Programmers or any other Persons on the
basis of race, color, religion, age, sex, national origin, sexual orientation or
physical or mental disability. Grantee shall comply at all times with all other

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21

applicable federal, state or local laws, rules and regulations relating to
nondiscrimination.
SECTION 7. REPORTS AND RECORDS
7.1

7.2

Open Records
(A)

Grantee shall manage all of its operations in accordance with a policy of
keeping its documents and Records open and accessible to Grantor.
Grantor shall have access to, and the right to inspect, any books and
Records of Grantee, its Parent Corporations and Affiliated entities that
are reasonably related and necessary to the administration or
enforcement of the terms of this Agreement. Grantee shall not deny
Grantor access to any of Grantee's Records on the basis that Grantee's
Records are under the control of any Parent Corporation, Affiliated entity
or a third party. Grantor may, in writing, request copies of any such
Records or books and Grantee shall provide such copies within ten (10)
business days of the transmittal of such request. If the requested books
and Records are too voluminous, or for security reasons cannot be
copied or removed, then Grantee may request, in writing within ten (10)
business days, that Grantor inspect them at one of Grantee's local area
offices. If any books or Records of Grantee are not kept in a local office,
Grantee will provide or otherwise make such documents available for
inspection and review at the local office within ten (10) business days.

(B)

Grantee shall provide Grantor with a sample Cable Services bill, on a
monthly basis.

(C)

Grantee shall at all times maintain and allow Grantor, with reasonable
notice, access and the right to review a full and complete set of plans,
Records and "as built" maps showing the location of all Cable System
equipment installed or in use in the Franchise Area, exclusive of
electronics, Subscriber drops and equipment provided in Subscribers'
homes. These maps shall be maintained in a standard format and
medium consistent with Grantee's regular business practices. Grantor's
review of the plans, Records, and as-built maps, provided for herein, shall
occur at the Grantee's local office, or, upon Grantor’s request, in
electronic format acceptable to Grantor subject to Section 7.2.

(D)

The ability for Grantor to obtain Records and information from Grantee is
critical to the administration of this Agreement and the requirements
herein. Therefore, Grantee's failure to comply with the requirements of
this Section may result in fines as prescribed in Section 15.

Confidentiality
Subject to the limits of the Oregon Public Records Law, Grantor agrees to treat
as confidential any books and Records that constitute proprietary or
confidential information under federal or state law, to the extent Grantee makes

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Grantor aware of such confidentiality at the time of disclosure. Grantee shall be
responsible for clearly and conspicuously stamping the word "Confidential" on
each page that contains confidential or proprietary information, and shall
provide a brief written explanation as to why such information is confidential
under state or federal law. If Grantor believes it must release any such
confidential books and Records in the course of enforcing this Agreement, or
for any other reason, it shall advise Grantee in advance so that Grantee may
take appropriate steps to protect its interests. If Grantor receives a demand
from any Person for disclosure of any information designated by Grantee as
confidential, Grantor shall, so far as consistent with applicable law, advise
Grantee and provide Grantee with a copy of any written request by the party
demanding access to such information within a reasonable time. In the event
Grantee timely takes necessary steps to prevent disclosure of confidential
books, records, or maps, and so long as Grantee is continuing any lawful
efforts to prevent disclosure, Grantor agrees that, to the extent permitted by
state and federal law, it shall deny access to any of Grantee's books and
Records marked confidential as set forth above to any Person.
7.3

Copies of Federal and State Documents
Upon thirty (30) days of a request by Grantor, Grantee shall submit to Grantor
a list, or copies of actual documents, of all pleadings, applications, notifications,
communications and documents of any kind, submitted by Grantee or its
Parent Corporations or Affiliates to any federal, state or local courts; regulatory
agencies or other government bodies if such documents specifically relate to
the operations of Grantee's Cable System within the Franchise Area. To the
extent allowed by law, any such confidential material determined to be exempt
from public disclosure shall be retained in confidence by Grantor and its duly
authorized agents and shall not be made available for public inspection.

7.4

Complaint File and Reports
(A)

Grantee shall keep an accurate and comprehensive Record of any and
all complaints regarding the operation and performance of the Cable
System within the Franchise Area, in a manner consistent with the
privacy rights of Subscribers, and Grantee's actions in response to
those complaints. Those Records shall be retained for one (1) year, and
remain available to Grantor during normal business hours.
(1)

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Upon written request prior to the end of a Quarter, Grantee shall
provide to Grantor an executive summary report within forty-five
(45) days of the end of the Quarter, which shall include the
following information:
(a)

Nature and type of customer complaints.

(b)

Number, duration, general location and customer impact
of unplanned service interruptions.

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(2)

7.5

(c)

Any significant construction activities which affect the
quality or otherwise enhance the service of the Cable
System.

(d)

Subscriber reports indicating the total number of
Subscribers in such format as Grantee commonly
prepares such reports, provided that Grantor may require
additional detail when reasonably necessary for
Franchise-related purposes.

(e)

Total disconnections and major reasons for those
disconnections.

(f)

Total number of cable service calls.

(g)

A Telephone Response activity report provided in a
manner consistent with FCC requirements, or any
Grantor customer service standards, showing Total Calls
Answered within thirty (30) seconds, Average Hold Time,
Percent of Calls Answered within thirty (30) Seconds,
Percent of Abandoned Calls, and the Percent of Lines
Available. A sample of an acceptable report pursuant to
this Section is attached to this Agreement as Attachment
A.

(h)

Such other information about special problems, activities,
or achievements as Grantee may want to provide
Grantor.

Grantor shall also have the right to request such information as
appropriate and reasonable to determine whether or not Grantee
is in compliance with applicable customer service standards.
Such information shall be provided to Grantor in such format as
Grantee customarily prepares reports. Grantee shall fully
cooperate with Grantor and shall provide such information and
documents as necessary and reasonable for Grantor to evaluate
compliance.

Inspection of Facilities
Grantor may inspect any of Grantee's facilities and equipment to confirm
performance under this Agreement at any time upon at least forty-eight (48)
hours' notice, or, in case of an emergency, upon demand without prior notice.
Nothing herein shall prevent Grantor from performing visual inspections of the
Cable System in the Rights-of-Way at any time and without prior notice.

7.6

False Statements
Any intentional false or misleading statement or representation in any report

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24

required by this Agreement may be deemed a violation of this Agreement and
may subject Grantee to all remedies, legal or equitable, which are available to
Grantor under this Agreement or otherwise. Grantor shall have the right to
determine the severity of the violation based upon the report in question.
7.7

Report Expense
All reports and Records required under this Agreement shall be furnished,
without cost, to Grantor.

SECTION 8. PROGRAMMING
8.1

Broad Programming Categories
(A)

8.2

Grantee's Cable System shall provide a wide diversity of Programming,
including broad categories such as:
(1)

Educational Programming.

(2)

Sports.

(3)

General entertainment (including movies).

(4)

Children/family-oriented.

(5)

Arts, culture and performing arts.

(6)

Foreign language.

(7)

Science/documentary.

(8)

Weather information.

(9)

Programming addressed to diverse ethnic and minority interests
in the Franchise Area.

(10)

National, state, and local government affairs.

Parental Control Devices
Upon request by any Subscriber, Grantee shall make available parental
controls or information on how to activate parental controls to enable a
Subscriber to control access to both the audio and video portions of any or all
Channels. Grantee shall inform its Subscribers of the availability of the lockout
capability at the time of their initial subscription and periodically thereafter.

8.3

Leased Access Channels
Grantee shall meet the requirements for Leased Access Channels imposed by

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federal law.
8.4

Continuity of Service
(A)

It shall be the right of all Subscribers to continue to receive Cable
Service from Grantee insofar as their financial and other obligations to
Grantee are satisfied. Subject to the force majeure provisions of Section
4.7 of this Agreement, Grantee shall use its best efforts to ensure that
all Subscribers receive continuous, uninterrupted Cable Service
regardless of the circumstances.

(B)

In the event of a change in ownership, or in the event a new Cable
Operator acquires the Cable System in accordance with this
Agreement, Grantee shall cooperate with Grantor and such new Cable
Operator in maintaining continuity of service to all Subscribers.

SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
9.1

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Management and Control of Access Channels
(A)

Grantor may authorize a DAP to control and manage the use of any and
all Access Centers, including, without limitation, the operation of Access
Channels provided by Grantee under this Agreement. To the extent of
such designation by Grantor, as between the DAP and Grantee, the
DAP(s) shall have sole and exclusive responsibility for operating and
managing such Access Centers. The Grantor or its designee may
formulate rules for the operation of the Public Access Channel,
consistent with this Agreement; such rules shall not be designed to
control the content of Public Access Programming. Nothing herein shall
prohibit the Grantor from authorizing itself to be a DAP.

(B)

Grantee shall cooperate with Grantor and DAPs in the use of the Cable
System and Access Centers for the provision of PEG Access.

(C)

The Grantor shall allocate Access resources consistent with applicable
law.

(D)

The Grantee shall, at Grantee's expense, provide connection, including
all necessary terminal equipment for the transmission, of all PEG
Access Channels required in this Agreement to and from the Grantee's
Headend and the DAP headend as of the Effective Date of this
Agreement. If the Grantor designates new Access providers, or if a
current DAP moves its site or location at its own instigation after the
Effective Date of this Agreement, the costs to construct the Cable
System from the new site or location to the nearest distribution point of
the Cable System shall not be the responsibility of Grantee and may be
funded from the PEG capital fee under Section 13 of this Agreement.

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9.2

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Channel Capacity and Use
(A)

Upon the Effective Date of this Agreement, all Access Channels
provided for herein are administered by the Grantor or a DAP.

(B)

Throughout the term of this Agreement, Grantee shall, at Grantee’s
expense and free of charge to Grantor and any DAP, provide five (5)
Downstream Channels of Public, Educational, and Governmental
Access Programming that shall be fully available to and viewable by
every Subscriber regardless of subscription level, without additional
costs, charges or equipment beyond the costs, charges and equipment
required for the Subscribers’ chosen subscription level. The Channel
designations of those Channels as of the Effective Date of this
Agreement are: Channel 21; Channel 23; Channel 28; Channel 30 West
Linn and Channel 30 MACC. Notwithstanding the first sentence of this
subsection (B), Grantee is not obligated to make Channel 30 West Linn
available and viewable to Subscribers outside of the West Linn city
limits and is not obligated to make Channel 30 MACC available and
viewable to Subscribers within the West Linn city limits. Grantee does
not relinquish its ownership of or ultimate right of control over Cable
System Capacity or a Channel position by initially designating it for PEG
Access use.

(C)

Grantee shall simultaneously carry all five (5) Access Channels in both
Standard Definition (SD) and High Definition (HD), provided that
Grantee shall have one hundred twenty (120) days after written request
from the Grantor (which may be by electronic mail) to add the HD
Channels for Channels 21, 23 and 30 West Linn. If, during the term of
this Agreement, Grantee no longer offers any SD format Channels on
the Cable System, Grantee may, after written notice to Grantor, stop
providing the SD Access Channels. The Grantor acknowledges that
receipt of HD format Access Channels may require Subscribers to buy
or lease special equipment or pay additional HD charges applicable to
HD services. For purposes of this Agreement, “HD” shall mean the
highest quality format available for commercial Channels on the Cable
System.

(D)

Throughout the term of this Agreement, Grantee shall, at Grantee's
expense and free of charge to the Grantor and any DAP, provide and
maintain existing fiber Upstream links to enable character generated,
pre-recorded, and live cablecasts between the Origination Points
provided pursuant in Section 9.7 and any DAP headend facility to
enable the distribution of PEG Access Programming to Subscribers on
PEG Channels.

(E)

Grantor or Grantee may request a review of the PEG Channels any
time after the second year of the agreement to discuss items such as
new Signal delivery options, Channel usage, and changes in
technology.

27

9.3

Access Channel Components
Grantee shall carry all components of the Access Channel Signals provided by
the DAP including, but not limited to, closed captioning, stereo audio and other
elements associated with the Programming. The DAP shall be responsible for
providing the Access Channel Signal to the Demarcation point at the
designated point of origination for the Access Channel. Grantee shall be
responsible for costs associated with the transport and distribution of the
Access Channel on its side of the Demarcation point.

9.4

Quality of Access Channel Signals.
The Grantee shall not unreasonably discriminate against Access Channels with
respect to accessibility, functionality and to the application of any applicable
FCC Rules and Regulations, including without limitation Subpart K Channel
Signal standards. With respect to Signal quality, Grantee shall not be required
to carry an Access Channel in a higher quality format than that of the Channel
Signal delivered to Grantee, but Grantee shall distribute the Access Channel
Signal without degradation. There shall be no restriction on Grantee's
technology used to deploy and deliver Access Channel Signals so long as the
requirements of this Agreement are otherwise met. Grantee shall carry PEG
Access Channels in a manner that produces a Signal quality for the Subscriber
that is comparable and functionally equivalent to the highest quality format
available for local broadcast HD Channels carried on the Cable System. In the
event the Grantor believes and provides evidence that Grantee fails to meet
this standard, Grantor will notify Grantee of such concern, and Grantee will
respond to any complaints in a timely manner. Disputes under this Section 9.4
shall be addressed through the Franchise enforcement procedures set forth in
Section 15. Upon reasonable written request by a DAP, Grantee shall verify
that Access Channel Signal delivery to Subscribers is consistent with the
requirements of this Section 9.4.

9.5

Relocation of Access Channels
Grantee shall continue to cablecast all Programming on the Cable System on
the same Channel designations as such Programming is currently cablecast in
the Franchise Area as set forth in Section 9.2. If at any time during the duration
of this Agreement, Grantee is required by federal regulations to reassign the
location of an Access Channel on its Cable System, Grantee shall provide at
least sixty (60) days’ advance notice to the Grantor and the DAP(s), and
Grantee shall place the Access Channels within reasonable proximity from the
Channel location for local broadcast stations. Grantee shall also make "best
efforts" to assign the HD PEG Access Channel a number near the other HD
local broadcast stations if such Channel positions are not already taken, or if
that is not possible, near HD news/public affairs Programming Channels if such
Channel positions are not already taken, or if not possible, as reasonably close
as available Channel numbering will allow. Grantee shall ensure that
Subscribers are notified of such reassignment in accordance with FCC notice
requirements or any Grantor customer service standards that include its

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28

customer messaging function, for at least fifteen (15) days prior to the change
and fifteen (15) days after the change. In conjunction with any reassignment of
any Access Channels, Grantee shall provide either (1) a reimbursement up to
Seven Thousand Five Hundred Dollars ($7,500) to the Grantors collectively or
the Commission for actual costs associated with the change, or (2) Fifteen
Thousand Dollars ($15,000) of in-kind airtime on advertiser supported
Channels to the Grantors collectively or the Commission for the purpose of
airing multiple thirty (30) second public service announcements produced by
the DAP. The Grantor shall cooperate with the DAP and Grantee for such
airing. All reimbursement, whether in cash or in-kind, shall be paid or provided
on a per-event basis, regardless of the number of Channels affected by the
change.
9.6

Access Interconnections
The Grantee shall, at Grantee's expense and free of charge to the Grantor and
any DAP, maintain for the duration of this Agreement any and all existing
Interconnections of Access Channels with contiguous Cable Systems owned
by the Grantee as of the Effective Date of this Agreement, in order to receive
from and deliver to the DAP's headend, via the Grantee's Headend, all the
Access Channels required by this Agreement and originating by the Grantor or
its designee.

9.7

9.8

Origination Points
(A)

The existing Origination Points listed in Attachment B will remain
available, at the expense of Grantee, for use by the DAP to enable the
distribution of PEG Access Programming on the Cable System during the
term of this Agreement.

(B)

Additional permanent Origination Points requested by the Grantor or
DAP in writing shall be provided by Grantee as soon as reasonably
possible, but not longer than one hundred eighty (180) days, at the
expense of Grantor or DAP. Such costs may be paid for from the PEG
capital fee in Section 13.

(C)

There shall be no charge to the Grantor, to the Commission, to any
other DAP, or to any other Person for the use of the Upstream Capacity
from the program origination locations described in this Section, so long
as the transmissions are designed for re-routing and distribution on any
PEG Channel(s).

Changes in Technology
In the event Grantee makes any change in the Cable System and related
equipment and facilities or in Grantee's Signal delivery technology, which
directly or indirectly affects the Signal quality or transmission of Access
services or Programming or requires Grantor to obtain new equipment in order
to be compatible with such change for purposes of transport and delivery of

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29

any Access Channels (SD or HD), Grantee shall, at its own expense and free
of charge to Grantor and DAP, take necessary technical steps or provide
necessary technical assistance, including the purchase or acquisition and
maintenance of all necessary equipment, and training of Grantor's Access
personnel, to ensure that the capabilities of Access services are not diminished
or adversely affected by such change.
9.9

Technical Quality
The Grantee shall maintain all Upstream and Downstream Access services,
Programming and Interconnections at the same level of technical quality and
reliability required by this Agreement and all other applicable laws, rules and
regulations. Grantee shall throughout the term of this Agreement provide
routine maintenance and shall repair and replace all transmission equipment,
including, but not limited to, transmitters/receivers, associated cable and
equipment necessary to carry a quality Signal to and from Demarcation at
Grantor's or DAP's facilities.

9.10

PEG Access Program Listings On Cable System's Digital Channel Guide
Throughout the term of this Agreement, Grantee shall allow and continually
assist Grantor or the DAP in making satisfactory arrangements with Grantee’s
Channel guide vendor to make detailed Programming listings available on the
Electronic Program Guide. The Grantor or DAP will be solely responsible for
providing the program information to the vendor in the format and timing
required by the vendor and shall bear all costs of this guide service.

SECTION 10. GENERAL STREET USE AND CONSTRUCTION
10.1

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Construction
(A)

Notwithstanding any other provision of this Agreement, Grantee shall
comply with all Grantor codes, ordinances, resolutions, rules or
regulations relating to use of the Streets and/or Public Rights of Way
(“ROW Codes”) that are applicable to Cable Systems. The provisions of
this Section 10 shall apply only (i) if Grantor has no ROW Codes
applicable to Cable Systems; or (ii) to the extent the provisions are not
inconsistent with Grantor’s ROW Codes.

(B)

Subject to applicable laws, regulations and ordinances of Grantor and
the provisions of this Agreement, Grantee may perform all construction
and maintenance necessary for the operation of its Cable System to
provide Cable Service. All construction and maintenance of any and all
facilities within the Public Rights of Way incident to Grantee's Cable
System shall, regardless of who performs the construction, be and
remain Grantee's responsibility. Except as permitted in Section 10.1(E),
prior to performing any construction or maintenance in the Public Rights
of Way, Grantee shall apply for, and obtain, all required permits.
Grantee shall pay, prior to issuance, all applicable fees of the requisite

30

construction permits and give appropriate notices to any other Cable
Operators, franchisees, licensees or permittees of the Grantor, or other
units of government owning or maintaining pipes, wires, conduits or
other facilities which may be affected by the proposed excavation.

10.2

(C)

All construction shall be performed in compliance with this Agreement,
all applicable Grantor ordinances and codes, and any permit issued by
the Grantor. When obtaining a permit, Grantee shall inquire in writing
about other construction currently in progress, planned or proposed, in
order to investigate thoroughly all opportunities for joint trenching or
boring. Whenever it is possible and reasonably practicable to joint
trench or share bores or cuts, Grantee shall work with other Cable
Operators, franchisees, licensees and permittees so as to reduce as far
as possible the number of Street cuts.

(D)

Grantor shall have the right to inspect all construction or installation
work performed within the Franchise Area as it shall find necessary to
ensure compliance with the terms of this Agreement, other applicable
provisions of law, and any permit issued by the Grantor.

(E)

In the event that emergency repairs are necessary, Grantee shall
immediately notify the City of the need for such repairs. Grantee may
initiate such emergency repairs, and shall apply for appropriate permits
as soon as reasonably practicable but in no event later than forty-eight
(48) hours after discovery of the emergency. Grantee shall comply with
all applicable City regulations relating to such excavations or
construction, including the payment of permit or license fees. As used in
this subsection, “emergency” means a circumstance in which immediate
work is necessary to restore lost service or prevent immediate harm to
persons or property.

(F)

Whenever reasonably possible, to avoid additional wear and tear on the
Public Rights of Way, Grantee shall utilize existing poles and conduit.
Notwithstanding the foregoing, this Agreement does not grant, give or
convey to the Grantee the right or privilege to install its facilities in any
manner on specific utility poles or equipment of the Grantor or any other
Person without their permission.

Location of Facilities
Grantee shall comply with the requirements of Oregon Utility Notification
Center, ORS 757.542-757.562 and ORS 757.993, and applicable rules and
regulations promulgated thereunder in OAR Chapter 952 relating to Oregon
Utility Notification Center.

10.3

Relocation
(A)

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Relocation for Grantor.

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Page 72 of 140

(1)

Upon at least thirty (30) days’ notice, Grantor shall have the right
to require Grantee to change the location of any part of
Grantee's Cable System within the Public Rights of Way when
the public convenience requires such change, and the expense
thereof shall be paid by Grantee (however payment by Grantee
shall in no way limit Grantee's right, if any, to seek
reimbursement for such costs from any third party). Should
Grantee fail to remove or relocate any such facilities by the date
established by Grantor, Grantor may effect such removal or
relocation, and the expense thereof shall be paid by Grantee,
including all costs and expenses incurred by Grantor due to
Grantee's delay, within forty-five (45) days of receipt of an
invoice. If Grantor requires Grantee to relocate its facilities
located within the Public Rights of Way, Grantor shall make a
reasonable effort to provide Grantee with an alternate location
within the Public Rights of Way.

(2)

If public funds, which Grantor received, are available to any
other user of the Public Rights of Way (except for Grantor) for
the purpose of defraying the cost of relocating or removing
facilities and Grantee relocates or removes its facilities as
required by Grantor under this Agreement, the Grantor shall
notify Grantee of such funding and will consider reimbursing
Grantee for such costs to the extent permitted or allowed by the
funding source or applicable state law and to the extent other
users of the Public Rights of Way are provided such funds.

(B)

Relocation by Grantor. The Grantor may remove, replace, modify or
disconnect Grantee's facilities and equipment located in the Public
Right of Way or on any other property of the Grantor in the case of fire,
disaster, or other emergency, provided that Grantor shall be responsible
for any damage to Grantee's facilities as a result of Grantor's
negligence or gross negligence in performing work under this Section.
The Grantor shall attempt to provide notice to Grantee prior to taking
such action and shall, when feasible, provide Grantee with the
opportunity to perform such action.

(C)

Movement for Other Franchise Holders. If any removal, replacement,
modification or disconnection is required to accommodate the
construction, operation or repair of the facilities or equipment of another
Franchise holder or licensee, Grantee shall, after at least thirty (30)
days' advance written notice, take action to effect the necessary
changes requested by the responsible entity. Grantee and such other
Franchise holder shall determine how costs associated with the removal
or relocation required herein shall be allocated.

(D)

Movement for Other Permittees. At the request of any Person holding a
valid permit and upon reasonable advance notice, Grantee shall

32

temporarily raise, lower or remove its wires as necessary to permit the
moving of a building, vehicle, equipment or other item. The permit
holder must pay the expense of such temporary changes, and Grantee
may require the permit holder to pay the full amount in advance.
10.4

Restoration of Public Rights of Way
Whenever Grantee excavates, damages, or disturbs the surface of any Public
Right of Way for any purpose, including but not limited to relocation or
undergrounding as required in this Section, Grantee shall promptly restore the
Public Right of Way to the satisfaction of the Grantor in accordance with
applicable Grantor ordinances and codes and any permit issued by the
Grantor. In the event there is no applicable ordinance, code or permit, Grantee
shall promptly restore the Public Right of Way to at least its prior condition.
Unless otherwise provided in any permit issued by Grantor, when any opening
is made by Grantee in a hard surface pavement in any Public Right of Way,
Grantee shall refill the opening within twenty-four (24) hours. Grantee shall be
responsible for restoration and maintenance of the Public Right of Way and its
surface affected by the excavation in accordance with applicable regulations of
the Grantor. Grantor may, after providing notice to Grantee, or without notice
where the disturbance or damage may create a risk to public health or safety,
refill or repave any opening made by Grantee in the Public Rights of Way, and
the expense thereof shall be paid by Grantee. Grantor may, after providing
notice to Grantee, remove and/or repair any work done by Grantee that, in the
determination of Grantor, is inadequate. The cost thereof, including the costs of
inspection and supervision, shall be paid by Grantee. Within thirty (30) days of
receipt of an itemized list of those costs, including the costs of labor, materials
and equipment, the Grantee shall pay the Grantor. All excavations made by
Grantee in the Public Rights of Way shall be properly safeguarded for the
prevention of accidents. All of Grantee's work under this Agreement, and this
Section in particular, shall be done in strict compliance with all rules,
regulations and ordinances of Grantor and applicable state and federal laws.

10.5

10.6

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Maintenance and Workmanship
(A)

Grantee's Cable System shall be constructed and maintained in such
manner as not to interfere with sewers, water pipes, or any other
property of Grantor, or with any other pipes, poles, wires, conduits,
pedestals, structures, equipment or other facilities that may have been
laid in the Public Rights of Way by, or under, Grantor's authority.

(B)

Grantee shall maintain and use the Cable System so as to prevent
injury to Grantor's property or property belonging to any Person.
Grantee, at its own expense, shall repair, change and improve its
facilities to keep them in good repair, and safe and presentable
condition.

Reservation of Grantor Public Rights of Way

33

Nothing in this Agreement shall prevent Grantor or utilities owned, maintained
or operated by public entities other than Grantor, from constructing sewers;
grading, paving, repairing or altering any Public Right of Way; repairing or
removing water mains; or constructing or establishing any other public work or
improvement. All such work shall be done, insofar as practicable, so as not to
obstruct, injure or prevent the use and operation of Grantee's Cable System.
However, if any of Grantee's Cable System interferes with the construction or
repair of any Public Right of Way or public improvement, including construction,
repair or removal of a sewer or water main or any other public work, Grantee's
Cable System shall be removed or replaced in the manner Grantor shall direct,
and Grantor shall in no event be liable for any damage to any portion of
Grantee's Cable System. Any and all such removal or replacement shall be at
the expense of Grantee. Should Grantee fail to remove, adjust or relocate its
facilities by the date established by Grantor's written notice to Grantee, Grantor
may effect such removal, adjustment or relocation, and the expense thereof
shall be paid by Grantee, including all reasonable costs and expenses incurred
by Grantor due to Grantee's delay within forty-five (45) days of receipt of an
invoice.
10.7

Use of Conduits by Grantor
Upon sixty (60) days’ notice, and with Grantee’s concurrence, Grantor may
install or affix and maintain wires and equipment owned by Grantor for
governmental purposes in or upon any and all of Grantee's ducts, conduits or
equipment in the Public Rights of Way and other public places without charge
to Grantor, to the extent space therein or thereon is reasonably available and
feasible without compromising the integrity of the Cable System or facility and
Grantee’s future use thereof, and pursuant to all applicable ordinances and
codes. For the purposes of this Section 10.7, "governmental purposes"
includes, but is not limited to, the use of the structures and installations by
Grantor for fire, police, traffic, water, telephone, or signal systems, but not for
Cable System purposes or provision of services in competition with Grantee.
Grantee shall not deduct the value of such use of its facilities from its Franchise
fees payable to Grantor except as otherwise may be expressly authorized by
federal law.

10.8

Public Rights of Way Vacation
If any Public Right of Way or portion thereof used by Grantee is vacated by
Grantor during the term of this Agreement, unless Grantor specifically reserves
to Grantee the right to continue its installation in the vacated Public Right of
Way, Grantee shall, without delay or expense to Grantor, remove its facilities
from such Public Right of Way, and restore, repair or reconstruct the Public
Right of Way where such removal has occurred, and place the Public Right of
Way in such condition as may be required by Grantor. In the event of failure,
neglect or refusal of Grantee, after thirty (30) days' notice by Grantor, to
restore, repair or reconstruct such Public Right of Way, Grantor may do such
work or cause it to be done, and the reasonable cost thereof, as found and

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declared by Grantor, shall be paid by Grantee within thirty (30) days of receipt
of an invoice.
10.9

Discontinuing Use of Facilities
Whenever Grantee intends to discontinue using any facility within the Public
Rights of Way, Grantee shall submit for Grantor's approval a complete
description of the facility and the date on which Grantee intends to discontinue
using the facility. Grantee may remove the facility or request that Grantor allow
it to remain in place. Notwithstanding Grantee's request that any such facility
remain in place, Grantor may require Grantee to remove the facility from the
Public Rights of Way or modify the facility to protect the public health, welfare,
safety, and convenience, or otherwise serve the public interest. Grantor may
require Grantee to perform a combination of modification and removal of the
facility. Grantee shall complete such removal or modification in accordance
with a reasonable schedule set by Grantor. Until such time as Grantee
removes or modifies the facility as directed by Grantor, or until the rights to and
responsibility for the facility are accepted by another Person having authority to
construct and maintain such facility, Grantee shall be responsible for all
necessary repairs and relocations of the facility, as well as maintenance of the
Public Rights of Way, in the same manner and degree as if the facility were in
active use, and Grantee shall retain all liability for such facility.

10.10 Hazardous Substances
(A)

Grantee shall comply with all applicable local, state and federal laws,
statutes, regulations and orders concerning hazardous substances
relating to Grantee's Cable System in the Public Rights of Way.

(B)

Grantee shall maintain and inspect its Cable System located in the
Public Rights of Way. Upon reasonable notice to Grantee, Grantor may
inspect Grantee's facilities in the Public Rights of Way to determine if
any release of hazardous substances has occurred, or may occur, from
or related to Grantee's Cable System. In removing or modifying
Grantee's facilities as provided in this Agreement, Grantee shall also
remove all residue of hazardous substances related thereto.

(C)

Grantee agrees to forever indemnify the Grantor, its officers, boards,
commissions, duly authorized agents, and employees, from and against
any claims, costs and expenses of any kind, pursuant to and in
accordance with applicable state or federal laws, rules and regulations,
for the removal or remediation of any leaks, spills, contamination or
residues of hazardous substances attributable to Grantee's Cable
System in the Public Rights of Way.

10.11 Undergrounding of Cable
(A)

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Where existing telecommunications or electric utility lines are installed

35

underground at the time of Cable System construction all Cable System
lines or wiring and equipment shall also be placed underground on a
nondiscriminatory basis with other utility lines at no additional expense
to the Grantor or Subscribers, except as provided in subsection (C) of
this Section 10.11.
(B)

Where utility lines are subsequently placed underground pursuant to a
statute, ordinance, policy, or other regulation or order of an individual
Grantor or Commission, all Cable System lines or wiring and equipment
shall also be placed underground on a nondiscriminatory basis with
other utility lines at no additional expense to the Grantor or Subscribers,
except as provided in subsection (C) of this Section 10.11.

(C)

Cable System equipment such as pedestals must be placed in
accordance with applicable code requirements and underground utility
rules; provided, however, nothing in this Agreement shall be construed
to require Grantee to construct, operate, or maintain underground any
ground-mounted appurtenances such as customer taps, line extenders,
system passive devices, amplifiers, pedestals, power supplies, or other
related equipment where the Grantor has authorized above-ground
placement.

(D)

In areas where telecommunications and electric utility wiring is aerial,
the Grantee may install aerial cable, except when a property owner or
resident requests underground installation and agrees to bear the
reasonable additional cost in excess of aerial installation.

(E)

For purposes of this Section 10.11, "utility lines" and "utility wiring" does
not include high voltage electric lines, which are electric lines used for
transmission of electric energy at nominal voltages in excess of thirtyfive thousand (35,000) volts.

10.12 Tree Trimming

Subject to acquiring prior written permission of the Grantor, including any
required permit, the Grantee shall have the authority to trim trees that overhang
a Public Right of Way of the Grantor so as to prevent the branches of such
trees from coming in contact with its Cable System, in accordance with
applicable codes and regulations and current, accepted professional tree
trimming practices.
10.13 Construction, Building and Zoning Codes

Grantee shall strictly adhere to all applicable construction, building and zoning
codes currently or hereafter in effect. Grantee shall arrange its lines, cables
and other appurtenances, on both public and private property, in such a
manner as to not cause unreasonable interference with the use of said public
or private property by any Person. In the event of such interference, Grantor

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36

may require the removal or relocation of Grantee's lines, cables, and other
appurtenances, at Grantee's cost, from the property in question.
10.14 Standards
(A)

All work authorized and required hereunder shall be done in a safe,
thorough and workmanlike manner. The Grantee must comply with all
safety requirements, rules, and practices and employ all necessary
devices as required by applicable law during construction, operation
and repair of its Cable System. By way of illustration and not limitation,
the Grantee must comply with applicable provisions of the National
Electrical Code, National Electrical Safety Code and Occupational
Safety and Health Administration (OSHA) Standards.

(B)

Grantee shall ensure that individual Cable System drops are properly
bonded to the electrical power ground at the home at time of
installation, and are consistent, in all respects, with applicable
provisions of the National Electrical Code and the National Electrical
Safety Code. All non-conforming or non-performing drops shall be
repaired or replaced by Grantee as necessary.

SECTION 11. SYSTEM DESIGN AND STANDARDS
11.1

11.2

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Subscriber Network
(A)

As of the Effective Date of this Franchise, the Cable System utilizes a
fiber to the node and fiber to the premise architecture. Throughout the
term of this Agreement, all active electronics will be 750 MHz capable
equipment, or equipment of higher bandwidth.

(B)

The Cable System shall be two-way capable and able to support twoway high speed cable modem service via the Cable System. Passive
devices will pass a minimum bandwidth of 750MHz.

(C)

The Cable System shall be capable of delivering at least 200 Channels
including but not limited to digital music and video on demand to
Subscribers.

(D)

The Grantor may review the system performance, Capacity and
services offered to ensure the system keeps pace with changes in
technology and is at least comparable to other systems in the Portland
Metropolitan area.

(E)

Grantee's Subscriber network shall, at all times, meet or exceed the
minimum system design and performance standards and specifications
required by the FCC.

Test and Compliance Procedures

37

Grantee shall be responsible for ensuring that its Cable System is designed,
installed, and operated in a manner that fully complies with applicable FCC
technical standards, including but not limited to 47 C.F.R. §76.640, and/or other
applicable FCC standards as amended. Grantee shall conduct and document
testing of the Cable System on a regular basis to determine compliance with
applicable FCC technical standards, including tests for digital Signal quality at
every new Subscriber installation. Grantor may, by written request, require
Grantee to perform tests to demonstrate compliance with this Section.
Representatives of Grantor may witness tests, and written test reports shall be
made available to Grantor upon request.
11.3

Standby Power
(A)

Grantee shall provide standby power generating capacity at the Cable
System Headend capable of providing at least twelve (12) hours of
emergency operation. Grantee shall maintain standby power system
supplies, to the node, rated for at least four (4) hours duration. In
addition, throughout the term of this Agreement, Grantee shall have a
plan in place, along with all resources necessary for implementing such
plan, for dealing with outages of more than four (4) hours.

(B)

Grantee shall continue to utilize status monitoring of the Cable System
which can continually monitor the system for signal quality on the
forward and return spectrums of the System. In addition, the Grantee
shall maintain status monitoring for all power supplies in its headend(s)
and hub(s) as well as the distribution system.

(C)

Status monitoring shall be capable of notifying the Grantee 24/7 of
system problems including utility power outages that will negatively
affect its customers.

SECTION 12. INSTITUTIONAL NETWORK SERVICES
12.1

History
Grantee has constructed and provided managed network services through an
institutional network known as the Public Communications Network ("PCN").
The PCN was provided by the Grantee to the Grantor and the Grantorauthorized Users of the PCN, including public agencies/Schools, public
universities, Pacific University, and the Virginia Garcia Health Centers, or their
successor agencies ("PCN Users"). Grantor and Grantee have agreed that the
managed services for PCN Users shall continue to be provided by Grantee's
Metro-E network ("Managed Services").

12.2

Grantee Responsible for Providing Institutional Network Service
(A)

Page 78 of 140

Grantee or an Affiliate shall be fully responsible for and at all times shall
operate, repair, maintain, manage and ensure provision of the Managed

38

Services to all eligible PCN Users through a Master Services
Agreement or similar agreement comparable to, or more favorable to
PCN Users than, Grantee’s or its Affiliate’s standard agreement for
government customers, which agreement shall be subject to Grantor’s
approval, and with rates consistent with or better than the Rate Card
attached hereto as Attachment C (collectively the "MSA") and the
provisions of this Section 12. The parties agree that regardless of
whether Grantee or an Affiliate provides the Managed Services, these
Managed Services comprise an institutional network required under this
Agreement as authorized by Section 611 of the Cable Act, and Grantee
is ultimately responsible for the provision, operation and management of
the Managed Services pursuant to the MSA. During the term of this
Agreement, Grantee shall not terminate nor legally challenge the
requirement to provide the Managed Services as provided in the MSA.
(B)

12.3

Should any designated Affiliate of the Grantee be unable or unwilling to
provide the Managed Services described in this Section and the MSA,
the parties agree that Grantee is fully and unconditionally responsible
for continued provision of the Managed Services, including the
assumption of responsibilities of PCN User contracts and the MSA.

Master Services Agreement
Subject to the transition plan set forth in Section 12.4 below, Grantee, or its
Affiliate, shall at all times provide the Managed Services to PCN Users in
accordance with an executed MSA. Where the MSA conflicts with any term or
condition of this Agreement, the MSA shall prevail. If Grantor or any PCN User
terminates in any manner the Managed Services provided under its MSA prior
to the expiration date of this Agreement, such termination shall not affect any
other rights or obligations under this Agreement or obligate Grantee to provide
any other managed network or institutional network services to Grantor or any
PCN User. Notwithstanding any other provision of this Section, the Grantor and
Grantee acknowledge that, during the term of this Agreement, amendments to
the MSA and/or associated Rate Card may be warranted and the parties agree
to negotiate in good faith to reach agreement on amendments requested by
Grantor, Grantee (or its Affiliate), or PCN Users that are beneficial to or, at a
minimum, not detrimental to, PCN Users.

12.4

Transition to New Master Services Agreement
Until Grantee has transitioned PCN Users to a new MSA as provided in this
subsection (A), Grantee shall continue providing PCN services to PCN Users
under the agreed upon terms and conditions in effect prior to the Effective
Date. Grantee shall offer PCN Users the opportunity to sign the MSA no later
than January 1, 2027.

12.5

Breach of the Master Services Agreement
The parties intend that day-to-day issues regarding the provision of Managed

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Services shall be addressed and resolved with reference solely to the MSA. If
there is a sustained and ongoing material failure by the Grantee, or its Affiliate,
to provide the Managed Services pursuant to the terms of the MSA, such
failure may be deemed a breach of this Agreement and shall be subject to the
fines and procedures set forth in Section 15 of this Agreement. All other
breaches of the MSA shall be subject to the remedies set forth in the MSA.
12.6

Grantor/User Meetings
Grantee and any Affiliate providing the Managed Services agree to meet at
least once annually with the members of the Broadband Users Group ("BUG")
or its successor organization, to discuss planned improvements or changes to
the Managed Services provided under the MSA, and to hear the comments and
concerns of the BUG.

12.7

Annual Report to Grantor
Each calendar year of this agreement, upon request, Grantee shall provide
Grantor, within forty-five (45) days of the request, with a report listing each PCN
User site under the MSA, along with that site's address and the level of service
provided at that site.

12.8

Security
Grantee agrees to abide by all privacy and security requirements in applicable
state and federal laws and regulations with respect to Managed Services
provided for in this Section 12.

SECTION 13. PEG ACCESS AND PCN GRANT FUND
Grantee shall support the continued viability of Institutional Network and PEG Access
Programming, through the following funding:
13.1

Fund Payments
Beginning on the first day of the first month that falls at least thirty (30) days
after the date all Grantor jurisdictions have approved this Agreement, and
throughout the term of this Agreement, Grantee agrees to pay Grantor one and
three quarters percent (1.75%) of Gross Revenue annually to support the
Capital equipment and facility needs of PEG Access and the Grantor PCN
institutional network, which funds shall be used in accordance with applicable
federal law. Nothing in this Section 13 shall be viewed as a waiver of Grantor's
rights to use the funds provided to Grantor in this Section 13.1 for any lawful
purpose permitted under applicable federal law. Grantee shall make such
payments Quarterly, following the Effective Date of this Agreement, for the
preceding Quarter ending March 31, June 30, September 30, and December
31. Each payment shall be due and payable no later than forty-five (45) days
after the end of each Quarter.

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13.2

13.3

Annual Grant Award Report
(A)

Grantor shall provide a report annually to the Grantee on the use of the
funds provided by to the Grantor under this Section. Reports shall be
submitted to the Grantee within one hundred twenty (120) days of the
close of Grantor's fiscal year.

(B)

Grantee may reasonably review Records of the Grantor (and of the
DAP) related to the use of funds in such reports to confirm that funds
are used in accordance with federal law and this Agreement. Grantee
will notify the Grantor in writing at least thirty (30) days prior to the date
of such a review and identify the relevant financial Records of Grantor
(and the DAP) that Grantee wants to review. The time period of the
review shall be for the fund payments received no more than thirty-six
(36) months prior to the date the Grantee notifies Grantor of its intent to
perform a review. The Grantor shall make such Records available for
inspection and copying during normal business hours at the office of the
Grantor (or the DAP).

PEG Access Not Franchise Fees
(A)

Grantee agrees that financial support for PEG Access and the PCN,
and all other Grantee PEG and PCN obligations set forth in this
Agreement, shall in no way modify or otherwise affect Grantee's
obligations to pay Franchise fees to Grantor. Grantee agrees that
although the sum of Franchise fee and the payments set forth in this
Section may total more than five percent (5%) of Grantee's Gross
Revenues in any twelve (12) month period, the additional commitments
shall not be offset or otherwise credited in any way against any past,
present or future Franchise fee payments under this Agreement so long
as such fees are used in a manner consistent with this Agreement and
federal law.

(B)

Grantor recognizes Franchise fees and certain additional commitments
are external costs as defined under the FCC rate regulations in force at
the time of adoption of this Agreement and Grantee has the right and
ability to include Franchise fees and certain other commitments that are
not included in Franchise fees on the bills of cable Subscribers (47
C.F.R. § 76.922).

SECTION 14. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
14.1

Equivalent Service
It is Grantee's general policy that all residential dwelling units in the Franchise
Area have equivalent availability to Cable Service from Grantee's Cable
System under nondiscriminatory rates and reasonable terms and conditions,
subject to federal law. Grantee shall not arbitrarily refuse to provide Cable
Service to any Person within its Franchise Area.

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14.2

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Service Availability
(A)

Service to New Subdivisions. Grantee shall provide Cable Service in
new subdivisions upon the earlier of either of the following occurrences:
(1) Within sixty (60) days of the time when foundations have been
installed in fifty (50) percent of the dwelling units in any individual
subdivision; or (2) Within thirty (30) days following a request from a
resident. For purposes of this Section, a receipt shall be deemed to be
made on the signing of a service agreement, receipt of funds by the
Grantee, receipt of a written request by Grantee, or receipt by Grantee
of a verified verbal request.

(B)

Grantee shall provide such Cable Service:
(1)

With no line extension charge except as specifically authorized
elsewhere in this Agreement.

(2)

At a nondiscriminatory installation charge for a standard
installation, consisting of a drop no longer than one hundred
twenty five (125) feet, with additional charges for non-standard
installations computed according to a nondiscriminatory
methodology for such installations, adopted by Grantee and
provided in writing to Grantor; and at nondiscriminatory monthly
rates for residential Subscribers, subject to federal law.

(C)

Required Extensions of Service. Whenever the Grantee shall receive a
request for service from a potential Subscriber where there are at least
six (6) dwelling units within one thousand three hundred twenty (1,320)
cable-bearing strand feet (one-quarter cable mile) for aerial plant, and
ten (10) dwelling units within one thousand three hundred twenty
(1,320) cable-bearing strand feet (one-quarter cable mile) for
underground plant, measured from the nearest trunk or distribution
cable capable of supporting the additional distance, it shall extend its
Cable System to the potential Subscriber(s) at no cost to the potential
Subscriber(s) other than the usual connection fees for all customers,
within ninety (90) days of receipt of the request for service except for
circumstances beyond Grantee’s control.

(D)

Customer Charges for Extensions of Service. No potential Subscriber
shall be refused service arbitrarily. However, for any dwelling unit that
does not meet the density requirement in Section 14.2(C), Grantee shall
have no obligation to provide Cable Service absent a Subscriber
commitment to pay a portion of actual construction costs incurred
consistent with the formula below. For the purpose of determining the
amount of capital contribution in aid of construction to be borne by the
Grantee and Subscribers in the area in which service may be extended,
the Grantee shall contribute an amount equal to the construction and
other costs per mile, multiplied by a fraction whose numerator equals
the actual number of dwelling units per one thousand three hundred

42

twenty (1,320) cable-bearing strand feet of its trunk or distribution cable
and whose denominator equals six (6) or ten (10), as applicable.
Subscribers who request service hereunder will bear the remainder of
the actual construction and other costs on a pro rata basis. The
Grantee may require that the payment of the capital contribution in aid
of construction borne by potential Subscribers be paid in advance.
(E)

14.3

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Enforcement. Failure to meet these standards shall subject Grantee to
enforcement actions on a per Subscriber basis in Section 15.

Connection of Public Facilities
(A)

The parties acknowledge that as of the Effective Date of this Franchise,
Grantee continues to provide one (1) outlet of Basic Service and limited
Basic Service, or its reasonable equivalent (“Complimentary Services”)
to certain Schools, libraries, and public buildings within the Franchise
Area, and Grantee shall continue to provide these Complimentary
Services throughout the term of this Franchise. Those portions of
buildings housing prison/jail populations shall be excluded from this
requirement. In addition, Grantee agrees to provide, at no cost, one (1)
outlet of Basic Service and limited Basic Service (or its functional
equivalent) Programming to all such future public buildings if the drop
line to such building does not exceed one hundred and twenty five (125)
cable feet or if Grantor or other agency agrees to pay the incremental
cost of such drop line in excess of one hundred twenty five (125) feet,
including the cost of such excess labor and materials. Outlets of Basic
Service and limited Basic Service (or its functional equivalent)
Programming provided in accordance with this subsection may be used
to distribute Cable Service throughout such buildings, provided such
distribution can be accomplished without causing Cable System
disruption and general technical standards are maintained. Cost for any
additional outlets shall be the responsibility of Grantor.

(B)

In the event Grantee believes the Complimentary Services are
considered “franchise fees” subject to the five percent cap set forth in
47 U.S.C. § 542(b) and intends to include the costs in its Franchise fee
calculation, the parties shall follow the procedure set forth in Section
3.8(B).

(C)

The Grantor shall have the right, at any time, to discontinue the receipt
of all or a portion of the Complimentary Services provided by the
Grantee in the event Grantee elects to include the costs in its Franchise
fee payment Grantee’s marginal cost to provide the Complimentary
Services as set forth in the preceding paragraph.

43

SECTION 15. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
15.1

Page 84 of 140

Procedure for Remedying Franchise Violations
(A)

If Grantor believes that Grantee has failed to perform any obligation
under this Agreement or has failed to perform in a timely manner,
Grantor shall notify Grantee in writing, stating with reasonable specificity
the nature of the alleged violation.

(B)

Upon receipt of notice, Grantee shall have thirty (30) calendar days
from the date of receipt of such notice to:
(1)

Respond to Grantor, contesting Grantor's assertion that a
violation has occurred, and requesting a hearing in accordance
with subsection (E) below;

(2)

Cure the violation; or

(3)

Notify Grantor that Grantee cannot cure the violation within the
thirty (30) days, and notify the Grantor in writing of what steps
the Grantee shall take to cure the violation, including the
Grantee's projected completion date for such cure. In such case,
Grantor shall set a hearing date within thirty (30) days of receipt
of such response in accordance with subsection (C) below.

(C)

In the event that the Grantee notifies the Grantor that it cannot cure the
violation within the thirty (30) day cure period, Grantor shall, within thirty
(30) days of Grantor's receipt of such notice, set a hearing. At the
hearing, Grantor shall review and determine whether the Grantee has
taken reasonable steps to cure the violation and whether the Grantee's
proposed plan and completion date for cure are reasonable.
Notwithstanding the foregoing, in the event the parties mutually agree,
prior to the public hearing required in this subsection (C), that Grantee’s
plan and completion date are reasonable, the same may be approved
by the Grantor without a hearing. The Grantor may waive all or part of
the fines for such extended cure period in accordance with the criteria
set forth in subsection (G) below.

(D)

In the event that the Grantee fails to cure the violation within the thirty
(30) day basic cure period, or within an extended cure period approved
by the Grantor pursuant to subsection (C), the Grantor shall set a
hearing to determine what fines, if any, shall be applied.

(E)

In the event that the Grantee contests the Grantor's assertion that a
violation has occurred, and requests a hearing in accordance with
subsection (B)(1) above, the Grantor shall set a hearing within sixty (60)
days of the Grantor's receipt of the hearing request to determine
whether the violation has occurred, and if a violation is found, what fines
shall be applied.

44

(F)

In the case of any hearing pursuant to this Section, Grantor shall notify
Grantee of the hearing in writing and at the hearing, Grantee shall be
provided an opportunity to be heard, examine Grantor's witnesses, and
to present evidence in its defense. The Grantor may also hear any other
Person interested in the subject, and may provide additional hearing
procedures as Grantor deems appropriate.

(G)

The fines set forth in Section 15.2 of this Agreement may be reduced at
the discretion of the Grantor, taking into consideration the nature,
circumstances, extent and gravity of the violation as reflected by one or
more of the following factors:

(H)

15.2

Whether the violation was unintentional;

(2)

The nature of the harm which resulted;

(3)

Whether there is a history of prior violations of the same or other
requirements;

(4)

Whether there is a history of overall compliance; and/or

(5)

Whether the violation was voluntarily disclosed, admitted or
cured.

If, after the hearing, Grantor determines that a violation exists, Grantor
may use one or more of the following remedies:
(1)

Order Grantee to correct or remedy the violation within a
reasonable time frame as Grantor shall determine;

(2)

Establish the amount of fine set forth in Section 15.2, taking into
consideration the criteria provided for in subsection (G) of this
Section as appropriate in Grantor's discretion;

(3)

Revoke this Agreement; and/or

(4)

Pursue any other legal or equitable remedy available under this
Agreement or any applicable law.

(I)

Fines shall not be imposed in an amount in excess of seventy-five
thousand dollars ($75,000) for the Grantors collectively within any
twelve (12) month consecutive period.

(J)

The determination as to whether a violation of this Agreement has
occurred shall be within the sole discretion of the Grantor or its
designee, provided that any such final determination shall be subject to
review by a court of competent jurisdiction under applicable law.

Fines
(A)

Page 85 of 140

(1)

Failure to comply with provisions of this Agreement may result in injury

45

to Grantor. Grantor and Grantee recognize it will be difficult to
accurately estimate the extent of such injury. Therefore, the financial
penalty provisions of this Agreement are intended as a reasonable
forecast of compensation to the Grantors collectively for the harm
caused by violation of this Agreement, including but not limited to
administrative expense, legal fees, publication of notices, and holding of
a hearing or hearings as provided herein.
(1)

For violating aggregate performance telephone answering
standards for a Quarterly measurement period:
(a)

$10,000 for the first such violation;

(b)

$20,000 for the second such violation, unless the
violation has been cured;

(c)

$30,000 for any and all subsequent violations, unless the
violation has been cured;
A cure is defined as meeting the Subscriber telephone
answering standards for two (2) consecutive Quarterly
measurement periods;

(B)

Page 86 of 140

(2)

For violation of applicable Subscriber service standards where
violations are not measured in terms of aggregate performance
standards: $750 per violation, per day;

(3)

For all other violations of this Agreement, except as otherwise
provided herein: $750/day for each violation for each day the
violation continues.

(4)

For purposes of subsections (2) and (3) of this Section 15.2(A),
the date of violation will be the date of the event and not the date
Grantee receives notice of the violation.

The fines set forth in Section 15.2(A) may be reduced at the sole
discretion of the Grantor, taking into consideration the nature,
circumstances, extent and gravity of violation as reflected by one or more
of the following factors:
(1)

Whether the violation was unintentional;

(2)

The nature of the harm which resulted;

(3)

Whether there is a history of prior violations of the same or other
requirements;

(4)

Whether there is a history of overall compliance; and/or

(5)

Whether the violation was voluntarily disclosed, admitted or
cured.

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(C)

15.3

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Collection of Fines. The collection of fines by the Grantor shall in no
respect affect:
(1)

Compensation owed to Subscribers;

(2)

The Grantee's obligation to comply with all of the provisions of
this Agreement or applicable law; or

(3)

Other remedies available to the Grantors provided, however,
that collection of fines shall be the exclusive remedy for the
Grantors for the particular incident or for the particular time
period for which fines are imposed other than reasonable
attorney fees and costs, if applicable. If the violation continues
beyond the particular time period, Grantor shall have the right to
pursue other remedies under this Agreement.

Revocation
(A)

Should Grantor seek to revoke the Franchise after following the
procedures set forth in Section 15.1, Grantor shall give written notice to
Grantee of its intent. The notice shall set forth the exact nature of the
noncompliance. Grantee shall have ninety (90) days from such notice to
object in writing and to state its reasons for such objection. In the event
Grantor has not received a satisfactory response from Grantee, it may
then seek termination of the Franchise at a public hearing. Grantor shall
cause to be served upon Grantee, at least thirty (30) days prior to such
public hearing, a written notice specifying the time and place of such
hearing and stating its intent to revoke the Franchise.

(B)

At the designated hearing, Grantee shall be provided a fair opportunity
for full participation, and both Grantee and Grantor shall have the right
to be represented by legal counsel, to introduce relevant evidence, to
require the production of evidence, to compel the relevant testimony of
the officials, agents, employees or consultants of the other party, to
compel the testimony of other persons as permitted by law, and to
question and/or cross examine witnesses. Grantee may request, prior to
the hearing, that Grantor provide a complete verbatim record and
transcript of such hearing, which shall be at Grantee’s cost.

(C)

Following the public hearing, Grantee shall be provided up to thirty (30)
days to submit its proposed findings and conclusions in writing and
thereafter Grantor shall determine (i) whether such event of default is
excusable; and (ii) whether such event of default has been cured or will
be cured by Grantee. Grantor shall also determine whether to revoke
the Franchise based on the information presented, or, where applicable,
grant additional time to Grantee to effect any cure. If Grantor
determines that the Franchise shall be revoked, Grantor shall promptly
provide Grantee with a written decision setting forth its reasoning.
Grantee may appeal such determination of Grantor to an appropriate
court, which shall have the power to review the decision of Grantor.

47

Grantee shall be entitled to such relief as the court finds appropriate.
Such appeal must be taken within sixty (60) days of Grantee's receipt of
the determination of the Grantor.
(D)

15.4

Relationship of Remedies
(A)

(B)

15.5

15.6

Page 88 of 140

Grantor may, at its sole discretion, take any lawful action which it deems
appropriate to enforce Grantor's rights under the Agreement in lieu of
revocation of the Franchise.

Remedies are Non-exclusive. The remedies provided for in this
Agreement are cumulative and not exclusive; the exercise of one
remedy shall not prevent the exercise of another remedy, or the
exercise of any rights of the Grantor at law or equity. The collection of
fines by Grantor shall in no respect affect:
(1)

Refunds or credits owed to Subscribers; or

(2)

Grantee's obligation to comply with the provisions of this
Agreement or applicable law.

No Election of Remedies. Without limitation, the withdrawal of amounts
from the Grantee's performance bond, or the recovery of amounts
under the insurance, indemnity or penalty provisions of this Agreement,
shall not be construed as any of the following: an election of remedies;
a limit on the liability of Grantee under the Agreement for fines or
otherwise, except as provided in Section 15.2; or an excuse of faithful
performance by Grantee.

Removal
(A)

In the event of termination, expiration or revocation of this Agreement,
Grantor may order the removal of the Cable System facilities from the
Franchise Area at Grantee's sole expense within a reasonable period of
time as determined by Grantor. In removing its plant, structures and
equipment, Grantee shall refill, at its own expense, any excavation that
is made by it and shall leave all Public Rights of Way, public places and
private property in as good a condition as that prevailing prior to
Grantee's removal of its plant, structures and equipment.

(B)

If Grantee fails to complete any required removal to the satisfaction of
Grantor, Grantor may cause the work to be done and Grantee shall
reimburse Grantor for the costs incurred within thirty (30) days after
receipt of an itemized list of the costs and Grantor may recover the
costs through the Performance Bond provided by Grantee.

Receivership and Foreclosure Grantor and Grantee acknowledge that the
following paragraphs are subject to the jurisdiction of the bankruptcy court.

48

(A)

(B)

15.7

At the option of Grantor, subject to applicable law, this Agreement may
be revoked one hundred twenty (120) days after the appointment of a
receiver or trustee to take over and conduct the business of Grantee
whether in a receivership, reorganization, bankruptcy or other action or
proceeding unless:
(1)

The receivership or trusteeship is vacated within one hundred
twenty (120) days of appointment; or

(2)

The receiver(s) or trustee(s) have, within one hundred twenty
(120) days after their election or appointment, fully complied with
all the terms and provisions of this Agreement and have
remedied all violations under the Agreement. Additionally, the
receiver(s) or trustee(s) shall have executed an agreement duly
approved by the court having jurisdiction, by which the
receiver(s) or trustee(s) assume and agree to be bound by each
and every term and provision of this Agreement.

If there is a foreclosure or other involuntary sale of the whole or any part
of the plant, property and equipment of Grantee, Grantor may serve
notice of revocation on Grantee and to the purchaser at the sale, and
the rights and privileges of Grantee under this Agreement shall be
revoked thirty (30) days after service of such notice, unless:
(1)

Grantor has approved the transfer of this Agreement, in
accordance with the procedures set forth in this Agreement and
as provided by law; and

(2)

The purchaser has agreed with Grantor to assume and be
bound by all of the terms and conditions of this Agreement.

No Recourse Against Grantor
Grantee shall not have any monetary recourse against Grantor or its officials,
boards, commissions, agents or employees for any loss, costs, expenses or
damages arising out of any provision or requirement of this Agreement or the
enforcement thereof, in accordance with the provisions of applicable federal,
state and local law. The rights of the Grantor under this Agreement are in
addition to, and shall not be read to limit, any rights or immunities the Grantor
may enjoy under federal, state or local law. However, under current federal law,
Grantee does have the right to seek injunctive and declaratory relief.

15.8

Nonenforcement By Grantor
Grantee is not relieved of its obligation to comply with any of the provisions of
this Agreement by reason of any failure of Grantor to enforce prompt
compliance. Grantor's forbearance or failure to enforce any provision of this
Agreement shall not serve as a basis to stop any subsequent enforcement. The
failure of the Grantor on one or more occasions to exercise a right or to require

Page 89 of 140

49

compliance or performance under this Agreement or any applicable law shall
not be deemed to constitute a waiver of such right or a waiver of compliance or
performance, unless such right has been specifically waived in writing by the
Grantor. Any waiver of a violation is not a waiver of any other violation, whether
similar or different from that waived.
SECTION 16. ABANDONMENT
16.1

Effect of Abandonment
If the Grantee abandons its System during the Franchise term, or fails to
operate its Cable System in accordance with its duty to provide continuous
service, the Grantor, at its option, may operate the Cable System; designate
another entity to operate the Cable System temporarily until the Grantee
restores service under conditions acceptable to the Grantor or until this
Agreement is revoked and a new grantee is selected by the Grantor; or obtain
an injunction requiring the Grantee to continue operations. If the Grantor is
required to operate or designate another entity to operate the Cable System,
the Grantee shall reimburse the Grantor or its designee for all costs, expenses
and damages incurred.

16.2

What Constitutes Abandonment
The Grantor shall be entitled to exercise its options and obtain any required
injunctive relief pursuant to Section 16.1 if:
(A)

The Grantee fails to provide Cable Service in accordance with this
Agreement to the Franchise Area for ninety-six (96) consecutive hours,
unless the Grantor authorizes a longer interruption of service, except if
such failure to provide service is due to a force majeure occurrence, as
described in Section 4.7; or

(B)

The Grantee, for any period, willfully and without cause refuses to
provide Cable Service in accordance with this Agreement.

SECTION 17. FRANCHISE RENEWAL AND TRANSFER
17.1

Page 90 of 140

Renewal
(A)

The Grantor and Grantee agree that any proceedings undertaken by
the Grantor that relate to the renewal of Grantee's Agreement shall be
governed by and comply with the provisions of the Cable Act (47 U.S.C.
§ 546), unless the procedures and substantive protections set forth
therein shall be deemed to be preempted and superseded by the
provisions of any subsequent provision of federal or state law.

(B)

In addition to the procedures set forth in the Cable Act, the Grantor
agrees to notify Grantee of the completion of its assessments regarding
the identification of future cable related community needs and interests,

50

as well as the past performance of Grantee under the then current
Franchise term. Notwithstanding anything to the contrary set forth
herein, Grantee and Grantor agree that at any time during the term of
the then current Agreement, while affording the public adequate notice
and opportunity for comment, the Grantor and Grantee may agree to
undertake and finalize negotiations regarding renewal of the then
current Agreement and the Grantor may grant a renewal thereof.
Grantee and Grantor consider the terms set forth in this Section to be
consistent with the express provisions of the Cable Act.
17.2

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Transfer of Ownership or Control
(A)

The Cable System and this Agreement shall not be sold, assigned,
transferred, leased, or disposed of, either in whole or in part, either by
involuntary sale or by voluntary sale, merger, or consolidation, nor shall
title thereto, either legal or equitable, or any right, interest, or property
therein pass to or vest in any Person or entity (hereinafter, “Transfer”),
without the prior written consent of the Grantor, which consent shall not
be unreasonably withheld.

(B)

The Grantee shall promptly notify the Grantor of any actual or proposed
change in, or transfer of, or acquisition by any other party of control of
the Grantee (hereinafter, “Change in Control”). The word "control" as
used herein is not limited to majority stockholders but includes actual
working control in whatever manner exercised. A rebuttable
presumption that a Change in Control has occurred shall arise on the
acquisition or accumulation by any Person or group of Persons of fiftyone percent (51%) of the shares or the general partnership interest in
the Grantee, except that this sentence shall not apply in the case of a
transfer to any Person or group already owning at least a fifty-one
percent (51%) interest of the shares or the general partnership interest
in the Grantee. Every Change in Control shall make this Agreement
subject to revocation unless and until the Grantor shall have consented
thereto.

(C)

The parties to the Transfer or Change in Control shall make a written
request to the Grantor for its approval of a Transfer or Change in
Control, and furnish all information required by law and the Grantor.

(D)

The Grantor shall render a final written decision on the request within
one hundred twenty (120) days of the request, provided it has received
all requested information. Subject to the foregoing, if the Grantor fails to
render a final decision on the request within one hundred twenty (120)
days, such request shall be deemed granted as required by federal law
unless the requesting party and the Grantor agree to an extension of
time.

(E)

Within thirty (30) days of any Transfer or Change in Control, if approved
or deemed granted by the Grantor, Grantee shall file with the Grantor a

51

copy of the deed, agreement, lease or other written instrument
evidencing such Transfer or Change in Control, certified and sworn to
as correct by Grantee and the transferee.
(F)

In reviewing a request for Transfer or Change in Control, the Grantor
may inquire into the legal, technical and financial qualifications of the
prospective controlling party or transferee, and Grantee shall assist the
Grantor in so inquiring. The Grantor may condition said Transfer or
Change in Control upon such terms and conditions as it deems
reasonably appropriate, provided, however, any such terms and
conditions so attached shall be related to the legal, technical, and
financial qualifications of the prospective controlling party or transferee
and to the resolution of outstanding and unresolved issues of
noncompliance with the terms and conditions of this Agreement by
Grantee.

(G)

The consent or approval of the Grantor to any Transfer or Change in
Control by the Grantee shall not constitute a waiver or release of any
rights of the Grantor, and any Transfer or Change in Control shall, by its
terms, be expressly subordinate to the terms and conditions of this
Agreement.

(H)

Notwithstanding anything to the contrary in this Section, the prior
approval of the Grantor shall not be required for any sale, assignment or
transfer of the Agreement or Cable System to an entity controlling,
controlled by or under the same common control as Grantee, provided
that the proposed assignee or transferee must show financial
responsibility as may be determined necessary by the Grantor and must
agree in writing to comply with all provisions of the Agreement. No
consent shall be required for a transfer in trust, by mortgage, by other
hypothecation, by assignment of any rights, title, interest of Grantee in
the Franchise or Cable System in order to secure indebtedness.

SECTION 18. SEVERABILITY
If any Section, subsection, paragraph, term, or provision of this Agreement or any
ordinance, law, or document incorporated herein by reference is held by a court of
competent jurisdiction to be invalid, unconstitutional, or unenforceable, such holding
shall be confined in its operation to the Section, subsection, paragraph, term, or
provision directly involved in the controversy in which such holding shall have been
rendered, and shall not in any way affect the validity of any other Section, subsection,
paragraph, term, or provision hereof. Under such a circumstance, the Grantee shall,
upon the Grantor's request, meet and confer with the Grantor to consider amendments
to this Agreement. The purpose of the amendments shall be to place the parties, as
nearly as possible, in the position that they were in prior to such determination,
consistent with applicable law. In the event the parties are unable to agree to a
modification of this Agreement within sixty (60) days, either party may (1) seek
appropriate legal remedies to amend this Agreement, or (2) shorten this Agreement to
thirty-six (36) months, at which point either party may invoke the renewal procedures

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52

under 47 U.S.C. § 546. Each party agrees to participate in up to sixteen (16) hours of
negotiation during the sixty (60) day period.
SECTION 19. MISCELLANEOUS PROVISIONS
19.1

Preferential or Discriminatory Practices Prohibited
Grantee shall not discriminate in hiring, employment or promotion on the basis
of race, color, creed, ethnic or national origin, religion, age, sex, sexual
orientation, marital status, or physical or mental disability. Throughout the term
of this Agreement, Grantee shall fully comply with all equal employment or
nondiscrimination provisions and requirements of federal, state and local law
and, in particular, FCC rules and regulations relating thereto.

19.2

19.3

Dispute Resolution
(A)

The Grantor and Grantee agree that should a dispute arise between the
parties concerning any aspect of this Agreement that is not resolved by
mutual agreement of the parties, and unless either party believes in
good faith that injunctive relief is warranted, the dispute will be
submitted to mediated negotiation prior to any party commencing
litigation. In such event, the Grantor and Grantee agree to participate in
good faith in a non-binding mediation process. The mediator shall be
selected by mutual agreement of the parties. In the absence of such
mutual agreement, each party shall select a temporary mediator, and
those mediators shall jointly select a permanent mediator.

(B)

If the parties are unable to successfully conclude the mediation within
forty-five (45) days from the date of the selection of the mediator, either
party may terminate further mediation by sending written notice to the
other. After written notice has been received by the other party, either
party may pursue whatever legal remedies exist. All costs of the
mediator shall be borne equally by the parties and otherwise each party
shall bear their own costs associated with mediation.

Notices
(A)

Throughout the term of this Agreement, Grantee shall maintain and file
with Grantor a designated address for the service of notices by mail. A
copy of all notices from Grantor to Grantee shall be sent, postage
prepaid, to such address and such notices shall be effective upon the
date of mailing. For general day-to-day communications between the
parties, including reports and LFA notifications, electronic mail may be
used in lieu of notices sent by USPS or other delivery service. At the
Effective Date of this Agreement, such addresses shall be:
Comcast of Oregon, II, Inc.
Attn: Government Affairs
11308 SW 68th Parkway
Tigard, OR 97223

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53

With a copy to:
Comcast Cable
Attn.: Government Affairs Department
1701 JFK Blvd, 49th Floor
Philadelphia, PA 19103
(B)

All notices to be sent by Grantee to Grantor under this Agreement shall
be sent, postage prepaid, and such notices shall be effective upon the
date of mailing. For general day-to-day communications between the
parties, including reports and LFA notifications, electronic mail may be
used in lieu of notices sent by USPS or other delivery service. At the
Effective Date of this Agreement, such address shall be:
Metropolitan Area Communications Commission
15201 NW Greenbrier Parkway, C-1
Beaverton, OR 97006

19.4

Binding Effect
This Agreement shall be binding upon the parties hereto, their permitted
successors and assigns.

19.5

Authority to Amend
This Agreement may be amended at any time by written agreement between
the parties.

19.6

Governing Law
This Agreement shall be governed in all respects by the laws of the State of
Oregon.

19.7

Guarantee
The performance of the Grantee shall be guaranteed in all respects by Comcast
Cable Communications Management, LLC. A signed guarantee, in a form
acceptable to the Grantor, shall be filed with the Grantor prior to the Effective
Date hereof.

19.8

Captions
The captions and headings of this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of
any provisions of this Agreement.

19.9

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Entire Agreement

54

This Agreement, together with all appendices and attachments, contains the
entire agreement between the parties, supersedes all prior agreements or
proposals except as specifically set forth herein, and cannot be changed orally
but only by an instrument in writing executed by the parties.
19.10 Construction of Agreement

The provisions of this Agreement shall be liberally construed to promote the
public interest.

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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55

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
COMCAST OF OREGON II, INC.

By: _________________________
Senior Vice President
Date: ________________

METROPOLITAN AREA COMMUNICATIONS COMMISSION

By: _________________________
Administrator
Date: ________________

Page 96 of 140

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Page 97 of 140

Attachment A
COMMISSION FRANCHISE STATISTICS - QUARTERLY REPORT
Due By: April 15, July 15, October 15 and January 15
From:

To:
TELEPHONE ANSWERING ACTIVITY

1" Qtr Total

2°" Qtr Total

3 rn Qtr Total

4m Qtr Total

TOTAL CALLS ANS'D W/IN 30 SECS.
AVERAGE HOLD TIME (measured in
seconds)
% ANS W/IN 30 SECS.
%ABANDONED
% LINES AVAILABLE

SUBSCRIBERS
TOTAL SUBSCRIBERS
TOTAL DISCO's
TECH DISCO's
NON-PAY DISCO's
TECHNICAL ACTIVITY
SERVICE CALLS
OUTAGES
TOTAL TIME OUT FOR OUTAGES
AVERAGE DURATION OF OUTAGES

Equivalent Billing Unit: Commercial and bulk account revenues that may be adjusted below or above the standard (basic+ expanded) cable rate are
either counted as greater than a full subscriber or less than a full subscriber by dividing the actual revenues for bulk and commercial accounts by the
standard cable rate. Example: If an apartment unit is being charged 50% off the standard rate and there are 500 customers, the EBU number is 250.

Confidential and Proprietary- Comcast
Information is confidential under Oregon Public Records Law as it is a compilation of information which is not patented, which is known only to certain
individuals within the company and is used in the business it conducts, having actual or potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who do not know or use it

A-1

Page 98 of 140

Page 99 of 140

COMPLAINT SUMMARY
20

—Q

COMMISSION TOTALS

Indicator City

Create Date

Details

Customer Name

Customer Address

Serv Addr Postal Cd

Total

GRAND TOTAL
All Information is property of Comcast Cable and deemed confidential and proprietary.
Complaints highlighted in yellow indicate non-video issues.

Comcast
TELEPHONE RESPONSE REPORT
Metropolitan Area Communications Commission (MACC) Quarterly Report
Q1 20__

Q_ 20__

A-2

Quarterly % <30

Billing

Sales

Video Repair

Retention

Spanish

Total

Service Level %

IVR

Billing

Sales

Video Repair

Retention

Spanish

Total

Billing

Qty Handled <30

Sales

Video Repair

Retention

Same structure

Total

Abandons

IVR

Billing

Sales

Video Repair

Retention

Spanish

Calls handled

Attachment B
EXISTING LIVE ORIGINATION SITES

_________________________________________________________________________
Beaverton City Hall
12725 SW Millikan Way
Beaverton, OR 97005
Beaverton Police/Courts Headquarters
4755 SW Griffith Drive
Beaverton, OR 97076
Washington County Public Services Bldg.
155 N. First Ave.
Hillsboro, OR 97123
Hillsboro Civic Center
150 E. Main St.
Hillsboro, OR 97123
Lake Oswego City Hall
380 “A” Ave
Lake Oswego, OR 97034
Tigard City Hall
13125 SW Hall Blvd
Tigard, OR 97223
Forest Grove Auditorium
1915 Main St.
Forest Grove, OR 97116
Pacific University
2043 College Way
Forest Grove, OR 97116
West Linn City Hall
22500 Salamo Road
West Linn, OR 97068
West Linn-Wilsonville School District 3JT
22210 SW Stafford Road
Tualatin, OR 97062

B-1
Page 100 of 140

Clackamas Community College
19600 Molalla Avenue
Oregon City, OR 97045
Tualatin City Services
10699 SW Herman Road
Tualatin, OR 97062
King City City Hall
15300 SW 116th Avenue
King City, OR 97224
Cornelius City Hall
1355 N. Barlow Street
Cornelius, OR 97113

B-2
Page 101 of 140

Attachment C
PCN RATE CARD

C-1
Page 102 of 140

C-2
Page 103 of 140

C-3
Page 104 of 140

C-4
Page 105 of 140

C-5
Page 106 of 140

CITY COUNCIL REPORT
Date Prepared: November 10, 2026
To: City Council

AGENDA ITEM NO.

From: Interim City Manager Paul Koch
For Meeting Of: November 16, 2026
Subject: Action to adopt the 2027 Legislative Priorities
1. BACKGROUND: On November 2, 2026, in discussions with the City’s Lobbyist Tom Holt, the
Council discussed and developed a set of Legislative Priorities for the 2027 Legislative session in
Salem. Upon completion of the discussions, Council directed the Lobbyist and the ICM to
finalize the priorities and bring them back for final City Council action. Having priorities and
being in attendance in Salem with your lobbyist are very important strategies for the city.
2. OPTIONS: The City Council has the following options available currently.
a.
b.
c.
d.

Adopt the 2027 Legislative Priorities as presented.
Do not adopt the 2027 Legislative priorities.
Make changes in the proposed 2027 Legislative Priorities.
Do nothing.

3. RECOMMENDATION: It is recommended that the City Council adopt the 2027 Legislative
Priorities as attached to this report.
4. PROPOSED MOTION: “I move the City Council adopt the proposed 2027 Legislative Priorities.”
5. BACKGROUND INFORMATION:
a. Having Legislative Priorities and being present on a regular basis in Salem are
extremely important to the community.
b. Tom Holt, the City’s Lobbyist will be present at the meeting on November 16.

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c. A copy of the proposed 2027 Legislative Priorities is attached to this report for City
Council information.

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CITY OF NORTH PLAINS, OREGON
2027 LEGISLATIVE PRIORITIES
INTRODUCTION: The North Plains City Council has established the following
priorities for the 2027 Oregon Legislative Session. These projects are listed in priority
order. The city is aggressively looking into other funding sources, grants, loans,
donations and others to enhance the community of North Plains. Help from our state
government is needed and will be deeply appreciated.

1. Library Civic Complex funding: The city has received a $1 million earmark from
the federal government to plan a Library Civic Complex. Included in the
concept is expansion of Library classrooms, City Council Chambers and a large
community meeting and events room to help bring more people into the
downtown area. The city is responsible for the cost of constructing this facility.
Estimated cost is $5-7 million. So help in this funding will be appreciated.
2. State Funding for Small City Infrastructure: Strong support for additional state
funding for small city infrastructure and industrial site readiness funds.
3. Urban Renewal area traffic solutions: The traffic impact studies determine the
best possible solutions for traffic control and management adjacent to the
city’s Urban Renewal area.
4. New Highway 26 freeway off ramp to ease traffic congestion: Funding to
ODOT to study then build a new west side off ramp on the west edge of town
to create better safety and reduce traffic congestion.
5. Enhancements to the Jesse Mays Community Center: A historic building in
need of significant improvements and updating for maximum use and

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effectiveness. The city put a new metal roof on the building in 2026 but there
is need for repairs, updating electrical, heating and ventilation systems,
painting and handicapped accessibility along with a service kitchen to help
increase use and enjoyment by the public.
6. Downtown historic preservation: Funds to enhance the historic downtown of
North Plains. Sidewalk repairs, handicapped access, new streetlights with
historic theme, enhancing building fronts and general beautification. All
designed to strengthen the business district, draw people into downtown and
create a pleasant and historic location to be enjoyed by many.

The State Legislatures assistance in funding or helping to fund these priorities will be
greatly appreciated.

Thank you.

The City of North Plains, Oregon

Page 110 of 140

COUNCIL REPORT
Date Prepared: November 12, 2026
To:

North Plains City Council

AGENDA ITEM NO.

From: Interim City Manager Paul Koch
For Meeting Of: November 16, 2026
Subject: Relinquishing the local Main Street designation by city
1. BACKGROUND: For the past few years, the city has been working to get a Main Street Program
started in North Plains under the leadership of a 501c (3) nonprofit organization which would
aggressively take responsibility and deliver the benefits of the Main Street program to the
community. This issue has been discussed and there have been several meetings in the past
and email communication between the various interests regarding the Main Street program.
The timing is right now for the City to relinquish its Main Street Designation and to encourage
any local 501c (3) nonprofit organization to apply to the state for the local designation. An
active and aggressive Main Street program is needed.
Oregon Parks and Recreation Department (OPRD) provides statewide leadership and support
for the Mainstreet Program in Oregon. OPRD has indicated that the city can relinquish its Main
Street designation and then encourage local nonprofit organizations with an interest in Main
Street to apply to the state for recognition. The City cannot designate a nonprofit.
It is important to note that the City’s designation cannot be transferred or handed over to
another organization. If the city were to decide to end its designation, the state would need
documentation from the city confirming the city’s decision. Currently the City does not have
the resources to provide for an active and successful Main Street program. It is time for action
to benefit the local business community. In Oregon, there are many versions of the Main Street
program. Some run by cities, others by nonprofits.

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On June 1, 2026, City Council discussed this issue relative to which organization should get the
designation if the city were to give it up. Council discussed referring the matter to the EDC, as a
“first pass recommendation” to determine what organization should hold the Main Street
program membership or designation. Under state rules for Main Street, memberships or
designations cannot be passed from one group to another.
The City EDC is recommending that this issue be sent to them for review and a
recommendation.
2. CITY COUNCIL OPTIONS: The City Council has the following options available currently.
a. Continue to keep the Main Street designation with the City.
b. Relinquish the Main Street designation currently held by the City.
c. Refer the issue to the EDC for a recommendation on whether to relinquish the Main
Street designation.
3. RECOMMENDATION: It is recommended that the City Council relinquish the City’s Main Street
designation and encourage local nonprofits to seek that designation from OPRD.
4. SUGGESTED MOTION: ” I move that the City relinquish its Main Street designation and allow
local nonprofit organizations to apply for the designation through OPRD.”
5. BACKGROUND INFORMATION:
a. The Main Street Program has been in the works here in North Plains for several years.
b. At the current time, the city does not have the staff nor ability to be effective with
the Main Street Program.
c. The city should maintain and stay active with the nonprofit, providing support and
encouragement. Plus, the Council should expect quarterly progress reports from the
successful applicant to the state.
d. This action will help to guarantee that the downtown businesses receive the full
benefits of the Main Street Program and open the door for private donations to
support the effort.

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e. There may be a time or request from a nonprofit for some financial support from the
city. Many cities do provide some level of financial support.
6. SPECIAL NOTE: It is time now to do everything possible to encourage the proper development
of the business section of town. This proposed action should be very beneficial to the business
district and the local businesses. The local businesses could use the assistance of an aggressive
Main Street program to improve the business climate. This is the time to make something
happen!

Page 113 of 140

Date: November 16, 2026
To: North Plains City Council
From: Brianna Sowinski, Interim Library Manager
Subject: Memorandum of Understanding for Centralized Collections
Background:
Washington County Cooperative Library Services (WCCLS) is developing a systemwide approach to
centralize the selection, acquisition, cataloging, and management of physical library collections for
member libraries. The transition is intended to improve efficiencies and maintain collection services
across the Cooperative while sustaining responsiveness to individual community needs.
The proposed Memorandum of Understanding (MOU) between the City of North Plains and
Washington County outlines the responsibilities and commitments of WCCLS and participating
libraries during the transition and implementation of centralized collections. WCCLS will oversee
centralized collection management, while individual libraries will continue to provide local
knowledge and expertise, identify and respond to community needs, gather patron feedback,
maintain the ability to supplement centralized collections with locally funded materials.
Implementation will be phased, with the first participating libraries expected to transition beginning
in July 2027 and all member libraries onboarded by June 2028. NPPL is anticipated to be among the
later libraries onboarded, allowing time for WCCLS to refine processes and address operational
considerations before our transition.
Key Components:
The MOU establishes commitments to transparent decision-making, meaningful engagement with
member libraries, and the preservation of locally distinctive collections. It also outlines expectations
for collection performance reporting, annual resource allocation reviews, intellectual freedom
protections, and ongoing evaluation of service effectiveness. WCCLS will establish collection
baselines and provide regular opportunities for member libraries to assess outcomes, raise
concerns, and collaborate on improvements. The agreement also recognizes the importance of
maintaining collection breadth, depth, language and representation, and responsiveness to local
community needs. The MOU is effective upon signature and remains in place through June 30, 2031.
It is a statement of intent and cooperation rather than a binding contract.
Recommendation:
Staff recommend that the City Council approve the Memorandum of Understanding between the
City and Washington County regarding centralized library collections and authorize the City
Manager to execute the agreement on behalf of the City of North Plains.

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MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE CITY OF NORTH PLAINS
AND
WASHINGTON COUNTY
This Memorandum of Understanding (“MOU”) dated as of November 17, 2026 and entered
into between the City of North Plains (“the Library”) and Washington County, acting by
and through Washington County Cooperative Library Services (“WCCLS”) For purposes of
this MOU, the “WCCLS Cooperative” means the cooperative library system administered
by WCCLS and composed of its participating member libraries. “Member Libraries” means
all libraries participating in the WCCLS Cooperative, including but not limited to the Library
executing this MOU. “Executive Board” means the WCCLS Executive Board established
under the Cooperative Governance Agreement to provide strategic leadership, oversight,
accountability, and recommendations regarding Cooperative-wide funding, governance,
and service delivery. “Library Leadership Group” means the WCCLS Library Leadership
Group established under the Cooperative Governance Agreement to provide operational
leadership, technical and professional expertise, and recommendations regarding
Cooperative-wide library services and policies. WCCLS and the Library are collectively
referred to as the “Parties.”
PURPOSE
The purpose of this MOU is to document commitments and responsibilities related to
WCCLS centrally providing the selection, acquisition, cataloging, and ongoing
management of physical library collections for partner libraries, beginning no earlier than
July 2027. Centralization is intended to reduce duplication of effort while strengthening
community responsive service across the Cooperative and preserving the ability of Partner
Libraries to meet distinct local needs. Centralization will allow Partner Libraries to redirect
collection dollars and staffing resources to other strategic priorities as Partner Libraries
see fit. The Library will retain the ability to maintain locally distinctive collections, respond
quickly to community-specific needs, and sustain historical strengths in language, format,
or subject-area representation.
The Parties commit to careful stewardship of public resources and to sustaining highquality library service through cooperation, transparency, and iterative improvement. The
Parties acknowledge that this MOU focuses on establishing shared goals, responsibilities,
decision-making expectations, and commitments related to centralized collection
services. Many operational details, including workflows, procedures, service standards,
communication practices, collection management processes, and implementation

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approaches, will be developed through collaborative work involving WCCLS and Partner
Libraries and may evolve over time as experience is gained. The Parties intend that future
policies, procedures, and operational guidance will support and implement the principles
outlined in this MOU.
The Parties acknowledge that long-term success depends on balancing adaptability with
stability. The centralized collections model is intended to provide the flexibility necessary
to respond to changing community needs, emerging formats, evolving technologies,
budget realities, and new opportunities, while ensuring that collections will remain
community-centered, responsive, diverse, and informed by professional expertise and
local knowledge. The Parties further recognize that Partner Libraries will continue to evolve
their physical spaces, services, programs, and community uses over time in response to
local needs and priorities. These local changes may influence collection demand, access
patterns, space allocation, and service delivery across the Cooperative. The Parties intend
that this flexibility be implemented to build and maintain confidence among Partner
Libraries, Library staff, and community members through transparent decision-making,
open communication, and shared stewardship of collection resources.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and the
terms and conditions hereinafter set forth, the Parties agree as follows:
1. Term. This Agreement shall commence on the date last signed by a party and continue
through June 30, 2031.
2. Responsibilities of WCCLS in the Transition to Implementation. WCCLS, by and
through its employees and representatives, shall be responsible for the following:
A. Incorporation of Library Staff Expertise.
i. WCCLS will establish ongoing mechanisms for incorporating frontline and subject
matter expertise from Partner Libraries into collection evaluation, selection,
deselection, and continuous improvement activities. Library staff observations,
patron interactions, and local operational knowledge will be recognized as valuable
inputs alongside systemwide data.
B. Transition Planning, Risk Management, and Communication.
i. Collaborative transition planning, identification of operational risks,
phased onboarding of Partner Libraries as needed, and regular
communication during implementation.
ii. Formats and languages in the scope of central collections will be
determined with input from Partner Libraries and phased in with their input.
2
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C. Project Steering Committee Establishment and Support.
i. Establish a Project Steering Committee to provide advisory guidance to the
Project Sponsor, Project Leader, and Project Manager during the transition,
as set forth in Appendix A.
D. Partner Library Director Engagement.
i. Engaging Partner Library directors at no less than the “Involve” level on the
IAP2 Spectrum throughout the design, implementation, and ongoing
evolution of centralized collection services. WCCLS will use the
“Collaborate” level of engagement for matters with significant systemwide
impact, budgetary import, and policy development.
E. Decision Transparency.
i. As decisions are identified, clearly communicate which decisions related
to centralized collections are advisory, shared, or solely within WCCLS
authority. When Library input does not align with final decisions, WCCLS will
communicate how that input was considered.
F. Documentation of Library Level Collection Baselines.
i. Document library-level collection baselines in concert with Partner
Libraries for planning and evaluation purposes and share documentation.
Such baselines may include measures such as overall collection size, format
mix, circulation levels, level of cataloging standards, language
representation. These baselines are intended to support transparency and
ongoing assessment and do not constitute guaranteed future funding levels
or minimum spending commitments.
3. Responsibilities of the Library in the Transition to Implementation. The Library, by
and through its employees and representatives, shall be responsible for the following:
A. Designation of Liaisons and Participation Capacity.
i. Designate appropriate staff liaisons to participate in planning, feedback,
and implementation activities, and ensure reasonable staff capacity to
engage in transition work as mutually agreed during implementation
planning.
B. Information Sharing and Local Context.
3
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i. Provide timely access to relevant local information, policies, procedures,
and operational constraints that may affect centralized collection
implementation, including space considerations, service patterns, and
known community needs.
C. Change Management and Local Communication.
i. Support clear and consistent communication with Library staff regarding
the goals, scope, and timeline of centralized collection implementation,
including reinforcing shared messaging developed in collaboration with
WCCLS.
D. Operational Readiness and Local Adjustments.
i. Collaborate with WCCLS to identify and prepare for operational impacts at
the local level, including workflows, staff roles, and public service
implications, and to implement agreed-upon changes, made through a
collaborative process, necessary for successful transition.
E. Feedback and Issue Identification.
i. Proactively identify and communicate concerns, risks, or unintended
impacts observed during implementation, and participate in problem-solving
conversations with WCCLS to support iterative improvement.
F. Support for Shared Stewardship.
i. Acknowledge and support the principle of shared stewardship of
systemwide collections, recognizing that participation includes providing
informed input and local context, and that the Library will support and
implement finalized centralized collection decisions, while retaining the
Library’s ability to request revision or remediation when centralized decisions
have a negative impact on local community needs.
4. Responsibilities of WCCLS in Ongoing Service Delivery. WCCLS, by and through its
employees and representatives, shall be responsible for the following:
A. Scope.
i. Manage physical and digital library collections funded through WCCLS,
including selection, acquisition, cataloging, evaluation, processing and
deselection. A project scope defining in-scope and out-of-scope formats will
be developed and shared by August 31, 2026, based on the project timeline,
capacity, and input from the Library Leadership Group, who will convey the
4
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perspective of their subject matter experts. To realize efficiencies and
effectiveness gained through coordinated, systemwide work, the scope will
be designed to be sufficiently broad to support work at scale. Factors to be
considered include, but are not limited to, scalability, capacity, and vendor
resilience and limitations.
B. Collection Management Policy.
i. Develop and maintain collections that reflect the languages, cultures,
identities, and interests of communities across Washington County, guided
by a collection development policy developed in collaboration with the
Library Leadership Group input, reviewed by the WCCLS Executive Board,
and adopted by Washington County.
ii. WCCLS currently manages collections in accordance with intellectual
freedom principles supported by Washington County policy and legal review,
as captured in the current collection development policy, and will continue
to do so in the future collection development policy to support central
collections. Collection decisions will be transparent and guided by an
established collection development policy and professional collection
maintenance standards, including a collaborative process for staff and
patron feedback.
iii. WCCLS upholds the American Library Association’s Library Bill of Rights
(version last amended January 2019) and the Freedom to Read Statement
(version last amended in June 2004). This commitment includes providing
access to materials that represent a wide range of viewpoints, including
those that others might find controversial or unacceptable and those that
support individual choice, exploration, and access to ideas and information.
iv. Maintain a systemwide request for reconsideration process for physical
and digital library collections funded through WCCLS. This process provides
for concerned community members engaging with Library staff as the typical
first point of contact if sharing the concern in person, or with WCCLS staff if
the community member is sharing the concern online, all the way up to a
formal reconsideration request to WCCLS. WCCLS will hold annual
intellectual freedom trainings open to Library staff that include a review of
the WCCLS collection development policy and the request for
reconsideration process for materials owned by WCCLS.
C. Ongoing Partnership and Communication.
5
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i. Maintain regular, constructive communication with Partner Libraries
regarding collection performance, including access to circulation data
reports and patron registration data reports.
ii. Participate in established forums, check-ins, and feedback processes
related to centralized collection management, on the frequencies noted in
this document.
D. Community Focused Collection Development.
i. WCCLS will manage collections with a spirit of continuous improvement,
using collection development best practices, system level and local data
analysis, and transparent and regular consultation with Library staff to
ensure collections are responsive to community needs.
ii. Library staff serve as the primary interface with the community, and they
are familiar with the library space usage patterns. WCCLS will actively
engage Library staff to incorporate their on-the-ground knowledge of patron
behavior, emerging needs, and community context.
iii. WCCLS will maintain accessible, streamlined mechanisms for
community purchase suggestions and will prioritize those requests
consistent with collection policy and demonstrated need. If an item is not
centrally purchased, there will be a process for Partner Libraries to determine
whether to purchase it outside of centralization.
iv. WCCLS and Partner Libraries will periodically review emerging collection
formats, technologies, publishing models, and community access needs to
ensure collections remain relevant and responsive. Consideration shall
include accessibility, evolving patron preferences, and emerging information
environments. These emerging needs are driven by the marketplace and will
be reviewed on a mutually agreeable timeline.
E. Service Responsiveness and Access.
i. WCCLS will monitor indicators of responsiveness, including access to high
demand materials, fulfillment of purchase suggestions, and language
representation, and will provide indicator information to Partner Libraries on
a regular basis, no less than annually.
ii. WCCLS will use systemwide data to inform, evaluate and improve
collection performance over time. Such data will include quantitative
indicators as well as qualitative feedback, including input from Library staff
6
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based on their direct experience with patrons and knowledge of community
needs. This reporting will be regularly shared across Partner Libraries, no less
than annually.
iii. WCCLS will maintain and provide Partner Libraries with access to
collection evaluation and reporting information necessary to support local
decision-making, service planning, and participation in centralized
collection management. This includes access to available reporting tools,
dashboards, and collection performance data. WCCLS will consult with
Partner Libraries before making significant changes to reporting access or
available collection analytics.
iv. Collection evaluation will balance quantitative and qualitative measures,
such as circulation and hold data, patron and staff feedback, community
demographics, emerging trends, professional expertise, and local
knowledge, to support responsive and community-centered service.
v. WCCLS will work collaboratively with Partner Libraries to establish service
expectations and performance indicators related to collection
responsiveness, including access to high-demand materials and fulfillment
of purchase suggestions.
vi. WCCLS will continue to provide Library access to cataloging and
acquisition functionality in the ILS for local management purposes.
F. Honoring Local Distinctiveness and Local Investment.
i. Centralization is not intended to create uniform collections across all
Partner Libraries. Collection strategies will support local relevance,
community identity, language needs, cultural representation, and unique
areas of community interest.
G. Intent to Maintain Library-Level Collection Capacity
i. WCCLS’ intent in centralizing physical collection services is to maintain or
strengthen the effective collection capacity available to each Partner Library
over time, taking into account local community demand, usage patterns, and
historical collection investment.
ii. While specific spending levels cannot be fixed over the term of this
agreement due to budget constraints and evolving usage patterns,
centralized collection management is not intended to have a sustained
negative impact to collection breadth, depth, format availability, or language
7
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representation at any individual Partner Library in the Cooperative, relative to
overall systemwide trends. If budget reductions in overall collection
spending of 10% or more from the previous fiscal year are anticipated due to
reduced revenue or reduced demand, WCCLS will collaborate and discuss
with Partner Libraries about the approach before making final decisions.
iii. WCCLS intends to maintain or strengthen effective collection capacity
going forward. Collection investments under the centralized model will focus
on sustaining current service levels and responding to evolving community
needs rather than addressing historical differences in local collection
development practices or funding levels.
H. Collection Funding Allocation.
i. In allocating centralized collection resources, WCCLS will consider
historical collection investment and the intent to maintain or strengthen
capacity for library materials in scope. Additional factors include
demonstrated demand, circulation trends, community size, facility size,
community access, and evolving systemwide priorities. WCCLS will work
with the Library Leadership Group to annually review and discuss resource
allocation approaches and outcomes, to support collaboratively informed
decision-making.

ii. In advance of and during implementation, WCCLS anticipates that
resource allocation approaches and project scope may be refined based on
experience, data, and partner input, and intends to retain appropriate
flexibility to support effective implementation and long-term sustainability.
iii. WCCLS will provide annual reporting regarding collection resource
distribution decisions, including the factors considered, relevant data
sources, and resulting distributions. Partner Libraries will have opportunities
to review and discuss distribution outcomes and identify emerging concerns
as part of the decision-making process.
I. Ownership and Materials Management.
i. All physical library materials purchased by WCCLS under the centralized
model remain the property of WCCLS.
ii. Existing locally purchased materials remain the property of the Library,
unless the Library wishes to make changes.

8
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iii. Future ownership or management changes will be addressed
collaboratively.
iv. WCCLS and the Library recognize that materials management decisions
benefit from both systemwide coordination and local expertise. Procedures
governing deselection, retention, replacement, condition review, and
collection maintenance will be developed collaboratively and will take into
consideration local community needs, operational realities, collection
diversity, and intellectual freedom principles.
v. The Library may take reasonable actions necessary to address immediate
condition, safety, space, or service concerns. Processes for communication,
review, and disposition of WCCLS-owned materials will be established
through mutually developed procedures.
J. Local Purchasing.
i. The Library may supplement centralized collections with local funds. Local
purchasing decisions should be developed in coordination with WCCLS to
ensure alignment with centralized selection practices and integration with
systemwide acquisition workflows.
ii. Partner Libraries may develop and maintain locally funded collections,
provided they are compatible with existing system infrastructure and
policies. When a proposed collection or format requires the creation of new
ILS collection codes, format codes, check out limits, or other system-level
configuration changes, WCCLS will evaluate feasibility, resource
requirements, and potential Cooperative-wide impacts before potential
implementation. During the project implementation phase, WCCLS may
have limited capacity to support new system-level coding or configuration
changes.
K. Deselected Materials.
i. WCCLS will work with the Library to support optional surplus of deselected
materials for local needs, including, but not limited to, Friends group
fundraising or to support local book giveaway practices.
L. Library-Level Collection Review Meetings.
i. Following the implementation phase of centralized physical collections,
WCCLS will conduct structured, periodic meetings no less frequently than
every 12 months to review library-level collection outcomes. Reviews will
9
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consider patron experience, collection discoverability and browsability, staff
observations, purchase request fulfillment, service responsiveness, and
other qualitative indicators of collection effectiveness. For the first year,
reviews will be quarterly.
ii. The results of these reviews will be shared with Partner Libraries and used
to inform service adjustments, policy refinements, or operational changes as
appropriate, consistent with available resources and governance authority.
M. Collaborative Problem-Solving.
i. WCCLS recognizes that implementation and ongoing operation of
centralized collection services may result in differing perspectives regarding
collection decisions, service impacts, or operational practices. Partner
Libraries are encouraged to raise concerns as they arise. WCCLS will make
reasonable efforts to engage in timely discussion, consider the information
provided, explain relevant decision-making factors, and explore potential
solutions. Nothing in this section supersedes existing governance, authority,
or dispute resolution provisions contained in the Cooperative Operating
Agreement.
5. Responsibilities of the Library Once WCCLS Is Providing Ongoing Service Delivery.
Once centralized physical collections are operational, the Library, by and through its
employees and representatives, shall be responsible for the following:
A. Ongoing Partnership and Communication.
i. Maintain regular, constructive communication with WCCLS regarding
collection performance, service impacts, and community needs.
ii. Participate in established collection feedback and assessment processes
by providing timely input regarding patron experience, collection
effectiveness, service impacts, and community needs, and will assist in
evaluating the effectiveness of corrective actions and service adjustments.
B. Local Service Delivery and Community Engagement.
i. Serve as the primary point of contact with the community regarding library
materials and services, including assisting patrons with access, discovery,
and use of collections.
ii. Serve as the first point of contact with the community when informal
materials challenges are initiated at the Library for physical and digital
10
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materials purchased by WCCLS. Formal requests for reconsideration follow
the process in the WCCLS Collection Development Policy and Request for
Reconsideration Procedure.
iii. Gather and share qualitative feedback from patrons and staff related to
collection strengths, gaps, emerging needs, browsing behaviors, in-library
use patterns, and community priorities. Partner Libraries will communicate
significant trends and concerns to WCCLS and participate in Cooperative
discussions regarding potential responses.
iv. Partner Libraries will help identify emerging community needs,
demographic shifts, service barriers, and developing areas of patron interest,
and will communicate these changes to WCCLS and Partner Libraries to
support proactive collection planning.
C. Staff Support and Role Alignment.
i. Support Library staff as roles and workflows evolve under centralized
collection management, including helping staff understand how centralized
services interface with local operations.
ii. Encourage staff with collection, technical services, programming,
language, cultural, outreach, and subject expertise to contribute
professional insight through established Cooperative feedback and advisory
mechanisms.
D. Operational Coordination.
i. Coordinate with WCCLS on local operational matters that affect collection
delivery and access, including space constraints, shelving practices, and
logistical considerations.
ii. Implement mutually agreed operational adjustments necessary to support
effective systemwide collection delivery.
E. Local Purchasing and Supplementation.
i. When supplementing centralized collections with local funds or donations,
coordinate with WCCLS to ensure alignment with collection policies,
selection practices, and acquisition workflows.
ii. Communicate planned local purchases or pilots that may have
systemwide implications, consistent with Section 4J of this Agreement.
11
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F. Stewardship of Materials and Facilities.
i. Provide appropriate care, handling, and public access for WCCLS-owned
materials housed at Library facilities, consistent with shared standards and
practices.
ii. Notify WCCLS of material condition concerns, loss patterns, or facility
changes that may affect collection sustainability or access.
G. Participation in Review and Continuous Improvement.
i. Participate in Library-level collection review check-ins conducted by
WCCLS, providing local context, operational insight, and feedback on
outcomes.
ii. Engage in good-faith dialogue regarding potential service adjustments or
refinements identified through review processes.
H. Shared Stewardship and Systemwide Perspective.
i. Recognize that centralized collection services are designed to serve the
system as a whole, and that balancing local and systemwide considerations
is an ongoing, collaborative process.
ii. Support the Cooperative’s shared goals of providing access for all
community members to collections that represent a wide range of ideas,
experiences, and perspectives; upholding intellectual freedom; and ensuring
responsible stewardship of public resources.
iii. Support Cooperative efforts to maintain collection breadth, depth,
language representation, and local relevance by communicating evolving
community interests and identifying opportunities to improve representation
and responsiveness.
6. Assessment, Evaluation, and Accountability Framework. The Parties recognize that
the long-term success of centralized collection services depends on continuous
assessment, transparent evaluation, shared accountability, and ongoing improvement.
This section is intended to consolidate and reinforce the evaluation, reporting, review, and
accountability commitments contained throughout this MOU and to provide a shared
framework for measuring outcomes and informing future decisions.
This framework is grounded in the Parties' commitment to "careful stewardship of public
resources and to sustaining high-quality library service through cooperation, transparency,
and iterative improvement" and their shared intent to maintain confidence among Partner
12
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Libraries, library staff, and community members through "transparent decision-making,
open communication, and shared stewardship of collection resources."
A. Baseline Assessment
i. To establish a foundation for future evaluation, WCCLS will maintain
baseline information regarding library collections and services, as provided
in Section 2.F.i: "WCCLS will document library-level collection baselines in
concert with Partner Libraries for planning and evaluation purposes and
share documentation. Such baselines may include measures such as overall
collection size, format mix, circulation levels, level of cataloging standards,
language representation. These baselines are intended to support
transparency and ongoing assessment..."
ii. The Parties agree that these baseline measures will provide a starting point
for assessing trends, outcomes, and service impacts over time.
B. Performance Measurement and Evaluation
i. WCCLS will monitor, evaluate, and report on the effectiveness of
centralized collection services using measures developed in partnership
with Member Libraries, as provided in Section 4.E.i: "WCCLS will monitor
indicators of responsiveness, including access to high demand materials,
fulfillment of purchase suggestions, and language representation..."
ii. As provided in Section 4.E.v: "WCCLS will work collaboratively with Partner
Libraries to establish service expectations and performance indicators
related to collection responsiveness..."
iii. The Parties acknowledge that collection evaluation will incorporate both
quantitative and qualitative measures. Section 4.E.iv provides: "Collection
evaluation will balance quantitative and qualitative measures, such as
circulation and hold data, patron and staff feedback, community
demographics, emerging trends, professional expertise, and local knowledge,
to support responsive and community-centered service."
C. Reporting and Transparency
i. WCCLS will maintain a transparent reporting process sufficient to support
informed decision-making by Partner Libraries, the Library Leadership Group,
and the Executive Board, as provided in Section 4.E.ii: "WCCLS will use
systemwide data to inform, evaluate and improve collection performance
over time. Such data will include quantitative indicators as well as qualitative
13
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feedback... This reporting will be regularly shared across Partner Libraries, no
less than annually."
ii. As provided in Section 4.E.iii, "WCCLS will maintain and provide Partner
Libraries with access to collection evaluation and reporting information
necessary to support local decision-making, service planning, and
participation in centralized collection management."
iii. As provided in Section 4.H.iii: "WCCLS will provide annual reporting
regarding collection resource distribution decisions, including the factors
considered, relevant data sources, and resulting distributions."
D. Review and Continuous Improvement
i. Assessment activities are intended not only to measure performance but
also to inform continuous improvement and responsive service delivery.
Section 4.D.i commits WCCLS to: "manage collections with a spirit of
continuous improvement, using collection development best practices,
system level and local data analysis, and transparent and regular
consultation with Library staff..."
ii. Section 4.L.i establishes a structured review process: "WCCLS will
conduct structured, periodic meetings no less frequently than every 12
months to review library-level collection outcomes." These reviews will
consider: "patron experience, collection discoverability and browsability,
staff observations, purchase request fulfillment, service responsiveness, and
other qualitative indicators of collection effectiveness." Section 4.L.ii further
provides: "The results of these reviews will be shared with Partner Libraries
and used to inform service adjustments, policy refinements, or operational
changes as appropriate..."
E. Shared Accountability and Participation
i. The Parties acknowledge that accountability for successful centralized
collection services is shared among WCCLS, Partner Libraries, the Library
Leadership Group, and the Executive Board.
ii. Partner Libraries commit in Section 5.A.ii to: "Participate in established
collection feedback and assessment processes by providing timely input
regarding patron experience, collection effectiveness, service impacts, and
community needs, and will assist in evaluating the effectiveness of corrective
actions and service adjustments." Partner Libraries further commit in Section
14
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5.G.i to: "Participate in Library-level collection review check-ins conducted
by WCCLS, providing local context, operational insight, and feedback on
outcomes."
iii. The Executive Board is identified in this MOU as the body established
under the Cooperative Governance Agreement to provide: "strategic
leadership, oversight, accountability, and recommendations regarding
Cooperative-wide funding, governance, and service delivery." Consistent with
that role, the Executive Board shall review assessment information and
evaluation outcomes and participate in discussions regarding systemwide
priorities, performance, accountability, and continuous improvement.
F. Annual Service Review
i. To support transparent governance, shared accountability, and continuous
improvement, WCCLS will conduct an Annual Service Review regarding the
implementation and effectiveness of centralized collection services. The
review will take place after one year of operation in the new model, not
including the implementation phase of July 2027 – June 2028. The review will
synthesize information generated through the assessment, evaluation,
reporting, and review activities described throughout this MOU, including,
but not limited to:
•
•
•
•
•
•

Baseline and trend information documented pursuant to Section 2.F;
Collection performance indicators established pursuant to Section
4.E;
Collection evaluation data, analyses, and reporting described in
Sections 4.C and 4.E;
Collection funding allocation reviews and reporting described in
Section 4.H;
Findings and observations arising from Library-Level Collection
Review Meetings conducted pursuant to Section 4.L; and
Feedback and assessment information provided by Partner Libraries
pursuant to Sections 5.A and 5.G.

ii. The Annual Service Review will be shared with the Library Leadership
Group and the Executive Board and will provide an opportunity for the
cooperative to discuss service outcomes, identify emerging needs, review
challenges and successes, and recommend opportunities for improvement.
The review will also provide an opportunity to consider changing community
15
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needs, evolving patterns of library use, emerging service expectations, and
other trends that may influence collection strategies and service delivery
over time. The Parties recognize that centralized collection services must be
continuously evaluated within this broader context to ensure they remain
responsive, equitable, and aligned with community needs across the
Cooperative. Any service adjustments or enhancements identified through
the Annual Service Review will be evaluated considering available resources,
competing systemwide priorities, and WCCLS' responsibility to balance the
needs of individual libraries with its obligation to provide and sustain the full
range of Cooperative-wide services.
7. General Provisions.
A. This MOU is not a contract. It is a statement of intent and willingness to
cooperate to achieve mutual goals of the Parties.
B. Modification: No modification or amendment to this MOU shall be effective
unless made in writing and signed by all Parties.
C. Each Party represents that it has the authority to enter into this MOU on its behalf
and the individual signatory for each Party represents that it has been authorized by
that Party to execute and deliver this MOU.

16
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Project steering committee charter
Appendix A
Project Steering Committee Charter
1. Purpose
The Project Steering Committee (PSC) is an advisory group established to support the
successful implementation of the centralized collection project.
The PSC provides input, guidance, and system-level perspective to the Project Sponsor,
Project Leader, and Project Manager throughout project planning and implementation. The
PSC plays an important advisory role and is subject to the existing governance,
management, and approval processes.
2. Scope
The PSC’s advisory scope includes:
•
•
•
•
•

How implementation is phased and rolled out
Readiness for the transition and potential impacts on day-to-day operations
Identifying risks, and how they may be mitigated
Communication with stakeholders and change management considerations
Alignment with MOU commitments during implementation

Out of scope:
•
•
•
•

Approving budget or funding
Making contract or procurement decisions
Directly managing staff or resources
Making final project decisions

3. Authority
The PSC serves in an advisory role and provides input to help inform project planning and
implementation. Recommendations are advisory in nature and provided to guide decision
making. Final decisions rest with the Project Sponsor, WCCLS management, and subject to
established governance and Washington County Board approval. When PSC input is not
reflected in decisions, the reasoning will be shared as part of the project’s commitment to
transparency.
4. Membership
Four (4) Partner Library directors, appointed by Library Leadership Group (Policy Group):
17
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•
•
•
•

Adrienne Doman Calkins, Sherwood Library Director – Medium collection size
representative
Kim Carroll, Library Director, Beaverton City Library Director – Large collection size
representative
Molly Carlisle, Garden Home and West Slope Libraries Executive Director – Small
collection size representative
Tammy Wallin, Hillsboro Public Library Director – Complexity collection codes
representative

Project Sponsor: Lisa Tattersall, WCCLS Manager
Project Leader: Elizabeth Lopez, WCCLS Collections and Technical Services Manager
Project Manager: Wyatt Fertig, External Project Manager
Members are expected to bring a systemwide perspective, balancing local needs with the
shared goals of the Cooperative.
5. Roles and Responsibilities
Project Sponsor
•
•

Accountable for overall project success and alignment with strategic objectives
Serves as primary point of escalation for significant risks or issues

Project Leader
•
•
•

Accountable for day-to-day operational leadership of the project team executing the
centralized collection project
Oversees and coordinates the work of project staff and functional contributors to
ensure activities align with approved plans, timelines, and priorities
Partners with the Project Manager to ensure project activities are progressing as
intended and that impacts day‑to‑day operations are understood and managed

Project Manager
•
•
•
•

Leads day-to-day project planning and coordination
Facilitates PSC meetings and prepares agendas
Share project updates and provides context for discussion and decisions
Documents PSC recommendations and tracks follow-up actions

Library Directors
•

Provide professional, experience-based perspective and input
18

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•
•
•

Identify risks, dependencies, and potential impacts to the system
Advise on readiness and transition considerations
Serve in an advisory capacity to support informed decision-making bringing a
system-wide lens

6. Operating Model
•
•
•
•

Meeting Cadence: Monthly
Format: Virtual
Inputs: Project status reports, risk and issue logs, implementation plans
Decision Style: Advisory discussion; no formal voting

Meeting summaries will be documented as part of the project record and shared with
Library Leadership Group and posted on the Extranet.
7. Escalation and Integration
•
•

Significant risks or issues identified by the PSC may be elevated to the Project
Sponsor for awareness and consideration
The PSC complements but does not replace previously established processes or
governance

8. Duration
The PSC is a temporary, phase-limited body, established at the start of implementation. Its
work will continue until centralized physical collection services are operating in a steady
state as determined by the Project Sponsor, unless extended by WCCLS.
9. Guiding Principles
The PSC will operate with a shared commitment to:
•
•
•
•

Transparency and clear communication
Respect for all members’ experiences and expertise, while recognizing established
governance roles
Stewardship for the system overall and the community it serves
Constructive, solution-oriented collaboration

19
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Timeline
Appendix B
Project Timeline
•

June 2026 – ongoing: Regular Partner Library visits by WCCLS staff to meet with
Library staff experts, understand local practices, layouts, specialties, and concerns

•

July 2026: kicking off project steering committee composed of 4 Partner Library,
chosen by Library Leadership Group

•

By end of October 2026: finalize MOU with Partner Libraries

•

July 2026 – September 2026: work with full Library Leadership Group to develop a
collection management policy and request for reconsideration policy

•

By August 31, 2026: a project scope defining in-scope and out-of-scope formats
developed and shared

•

August 2026 – November 2026: RFPs to establish vendor contracts for book orders

•

October 2026 – April 2027: process development for ordering, processing,
distribution with more structured staff engagement

•

May 2027: begin piloting and refining processes with willing pilot Partner Libraries

•

July 2027: first Partner Libraries onboarded

•

By June 2028: final Partner Libraries onboarded

20
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COUNCIL REPORT
Date Prepared: November 12, 2026
To: City Council

AGENDA ITEM NO. 8B

From: Interim City Manager Paul Koch
For Meeting Of: November 16, 2026
Subject: Authorize the hiring of a municipal financial consultant
1. BACKGROUND: We are working our way through the current 2-year budget as we prepare for
budget adjustment to be recommended in January 2027. To get that analysis done effectively it
would be good to have an experienced municipal finance resource to assist us. The current plan
is to complete the analysis and have proposed budget adjustments ready for the second
meeting in January 20027. I anticipate this expense would be about $25,000.
2. RECOMMENDATION: That City Council authorizes the ICM to retain a specialist in municipal
finance to assist with analyzing the current budget and development of proposed budget
adjustments.
3. PROPOSED MOTION: “I move the council authorize the ICM to retain a financial resource to
assist with budget analysis and preparation of proposed budget adjustment.”
4. BACKGROUND INFORMATION:
a. We began the analysis and are seeking clarification regarding the current budget
about 30 days ago. I need to get this done as soon as possible so that we know
where we are at budgetarily and then develop needed adjustments.
b. This action will assist us in getting the budget work done and will be very effective
and efficient.

Page 135 of 140

Page 136 of 140

December 2026
All meetings are now being held at the
Mays Community Center 30975 NW Hillcrest Street

Jessie

All meetings will also be available to attend 'virtually' using Zoom

MEETING
Economic Development Commission

PRIMARY

ALTERNATE

NOTE
1st Wednesday of the month
at 6:00 pm
First Monday of the month at
7:00 pm

De Forge

City Council

DATE
12/2
12/7

Planning Commission
Washington County Office of
Community Development Policy
Washington County Coordinating
Committee (WCCC)

Shurts

2nd Wednesday at 6:00 pm

12/9

Papen

2nd Thursday 7:00 pm

12/10

2nd Monday at 12:00 noon

12/14

Parks & Rec Board

Papen

2nd Monday at 6:00 pm
3rd Monday of the month
from 6:00 pm to 7:00 pm
3rd Monday of the month at
7:00 pm

12/14

3rd Wednesday at 6:00 pm

No meeting

URA Meeting
City Council
Library Board
Metro Policy Advisory Committee
(MPAC)
Metropolitan Area Communcations
Commission (MACC)
Washington County Consolidated
Communications Agency (9-1-1)
5900 NE Pinefarm Ct. Hillsboro &
also via Teams. For info call Admin
at 503.690.4911

Page 137 of 140

De Forge
Weber

De Forge

Papen

4th Wednesday at 5:00pm
Usually Fridays 3-4 times a
year

12/21
12/21

Page 138 of 140

2026 City Council Meeting Calendar Schedule
2026 City Council Meeting Dates-7:00 p.m.

1/5
1/20
2/2
2/17
3/2
3/16

4/6
4/20
5/4
5/18
6/1
6/15

Meetings in yellow are Tuesday meetings
due to Monday holidays

7/6
7/20
8/3
8/17
9/8
9/21

Note: URA meetings will be held April 6, May 5, and June 1

10/5
10/19
11/2
11/16
12/7
12/21

Work Session at 6:00 pm before each Council
meeting unless otherwise noted.

2026 Schedule for Board and Commission Meetings - Ex Officio Duties
1st Wednesday
6:00 pm

Economic
Development

2nd Monday
6:00 pm

Parks & Recreation
Board

2nd
Wednesday
7:00 pm

1/7
2/4
3/4
4/1
5/6
6/3
7/1
8/5
9/2
10/7
11/4
12/2

DUMBROW
WEBER
PAPEN
DE FORGE
DUMBROW
WEBER
CANCELLED
De FORGE
HAGEDORN
WARRINGTON
RUSTON
De FORGE

1/12
2/9
3/9
4/13
5/11
6/8
7/13
8/10
9/7
10/12
11/9
12/7

FAGE
REDING
CANCELLED
CANCELLED
HAGEDORN
De FORGE
WARRINGTON
PAPEN
WARRINGTON
WEBER
De FORGE
PAPEN

1/14
2/11
3/11
4/8
5/13
6/10
7/8
8/12
9/9
10/7
*11/18
12/9

Planning Commission

3rd Wednesday
7:00 pm

REDING
REDING
DUMBROW
PAPEN
De FORGE
HAGEDORN
WEBER
DUMBROW
De FORGE
PAPEN
WARRINGTON
SHURTS

1/21
2/18
3/18
4/15
5/20
6/17
7/15
8/19
9/16
10/21
11/18
12/16

Library Board

WEBER
De FORGE
HAGEDORN
CANCELLED
WEBER
WARRINGTON
HAGEDORN
WEBER
DUMBROW
WARRINGTON
De FORGE

2026 Council Committee Appointments

Meeting

Primary

Alternate

Metropolitan Area Communications Commission
(MACC)
Tual Valley Comm Access TV (TVCTV)
Meets 1:30-4:00pm in Beaverton with Zoom option
Meets quarterly - Dates set approx. 3 weeks in advance

Weber

De Forge

Metro Policy Advisory Committee
(MPAC)
Meet 4th Wednesday of each month 5:00-7:00pm at Metro
Council Chambers in Portland

De Forge

Washington County Coordinating Committee
(WCCC) - City Mayors are representatives on Committee
Meet 2nd Monday of each month in Beaverton 12:00-1:30pm

Washington County Office of Community Development:
Policy Advisory Board
Meet 2nd Thurs of each month 7:00-9:00pm
Various locations throughout Washington County

Washington County Consolidated Communications Agency
9-1-1 (WCCCA)
Sept. 18th 3:00 pm
Dec. 18th 3:00 pm
5900 NE Pinefarm Ct Hillsboro and also via Teams
Info: call admin at: (503) 690-4911

MAYOR

VACANCY

Papen

VACANCY

VACANCY

Papen

NOTE: PLEASE START THINKING ABOUT 2027 POSITIONS/APPOINTMENTS NOW
Page 139 of 140

2027 Council Committee Appointments

Meeting

Primary

Alternate

Metropolitan Area Communications Commission
(MACC)
Tual Valley Comm Access TV (TVCTV)
Meets 1:30-4:00pm in Beaverton with Zoom option
Meets quarterly - Dates set approx. 3 weeks in advance

Weber

De Forge

Metro Policy Advisory Committee
(MPAC)
Meet 4th Wednesday of each month 5:00-7:00pm at Metro
Council Chambers in Portland

De Forge

VACANCY

MAYOR

VACANCY

VACANCY

VACANCY

VACANCY

VACANCY

Washington County Coordinating Committee
(WCCC) - City Mayors are representatives on Committee
Meet 2nd Monday of each month in Beaverton 12:00-1:30pm

Washington County Office of Community Development:
Policy Advisory Board
Meet 2nd Thurs of each month 7:00-9:00pm
Various locations throughout Washington County

Washington County Consolidated Communications Agency
9-1-1 (WCCCA)
Sept. 18th 3:00 pm
Dec. 18th 3:00 pm
5900 NE Pinefarm Ct Hillsboro and also via Teams
Info: call admin at: (503) 690-4911

NOTE: PLEASE START THINKING ABOUT 2027 POSITIONS/APPOINTMENTS NOW
Page 140 of 140