Rights of Way Management

On January 2, 2019, the Lake Oswego City Council unanimously adopted Ordinance 2804, adding Lake Oswego Code Chapter 51 (“Utilities Facilities in Public Rights of Way”). Chapter 51 establishes uniform regulations for utility operations in the City’s right of way, as well as a licensing and registration process that will replace traditional franchise agreements.

The goal of Chapter 51 is to identify all rights of way users, coordinate use of the public rights of way, and regulate all users fairly and objectively.

In addition to the adoption of Chapter 51, Council adopted Resolution 19-03 establishing right of way usage fees for all licensed utilities operating in the right of way and minimum insurance limits for utilities. Every person that owns or uses utility facilities must pay a quarterly rights of way fee. 

Utility Service Annual Rights of Way Usage Fee
Electric 5% of gross revenue
Natural Gas 5% of gross revenue
Cable 5% of gross revenue, or maximum amount permitted by applicable law
Communications

5% of gross revenue, $3.00 per linear foot of utilities in the rights-of-way, or a minimum annual fee of $5,000, whichever is greater; or the maximum amount permitted by applicable law.

The per-linear-foot fee and the minimum fee shall increase 3% annually on January 1st of each year, beginning January 1, 2020
Any utility operator that does not earn gross revenue within the City.

Based on Total Linear Feet of Utility Facilities in the Rights-of-Way:

Up to 5,000:  $6,000

5,001-10,000:  $8,000

10,001-20,000:  $12,000

More than 20,000:  $17,000

The minimum fee shall increase 3% annually on January 1st of each year, beginning January 1, 2020.
Water 0%
Stormwater 0%
Wastewater 0%

 

"Gross Revenue" means any and all revenue, of any kind, nature or form without deduction for expense, less net uncollectables, derived from the operation of utility facilities in the City, subject to all applicable limitations in federal or state law.

If you operate in the city or anticipate doing so – or if you are unclear how Chapter 51 relates to your business activities in the city – please email ROW@lakeoswego.city.