30 Days: January 3, 1996
<br />Accepted by US West 12/12/95
<br />ORDINANCE NO. 2126
<br />A SPECIAL ORDINANCE GRANTING TO U S WEST COMMUNICATIONS,
<br />INCORPORATED, HEREINAFTER SOMETIMES REFERRED TO AS "GRANTEE",
<br />ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO DO A
<br />GENERAL COMMUNICATION BUSINESS AND TO -PLACE, ERECT, LAY,
<br />MAINTAIN AND OPERATE IN, UPON, OVER AND UNDER THE STREETS,
<br />ALLEYS, AVENUES, THOROUGHFARES, AND PUBLIC HIGHWAYS, PLACES
<br />AND GROUNDS WITHIN THE CITY OF LAKE OSWEGO, POLES, WIRES AND
<br />OTHER APPLIANCES AND CONDUCTORS FOR ALL TELEPHONE AND OTHER
<br />COMMUNICATION PURPOSES.
<br />THE CITY OF LAKE OSWEGO, OREGON ORDAINS AS FOLLOWS:
<br />Section 1. Purpose.
<br />The purpose of this agreement is to determine terms and conditions upon which
<br />U S WEST Communications may be permitted to occupy the streets, highways or
<br />other public property within the City, pursuant to the power of the City of
<br />Lake Oswego under its Home Rule Charter and ORS 221.420 through ORS 221.470,
<br />except as to matters regulated by state or federal authorities.
<br />• Section 2. Parties.
<br />Parties to this agreement are the City of Lake Oswego, an Oregon municipal
<br />corporation situated in the county of Clackamas, sometimes referred to herein as
<br />"the City" and U S WEST Communications, a Colorado corporation, sometimes
<br />referred to herein as "Grantee." All rights and privileges granted under this
<br />agreement to U S WEST Communications shall inure to its successors and assigns.
<br />The City of Lake Oswego reserves the right to refuse to accept the performance of
<br />any obligations imposed on Grantee under this agreement by any delegee of
<br />Section 3. Grantor Right to Occupy Public Propert.
<br />Subject to the other terms and conditions set forth in this document, and subject to
<br />any applicable ordinances and regulations of the City, including but not limited to
<br />ordinances and regulations regarding development, tree pruning or removal,
<br />erosion control and excavation in the public right of way, the City hereby grants to
<br />Grantee, the right, privilege and franchise to occupy the streets, highways or other
<br />public property as may come within the jurisdiction of the City during the terms of
<br />this agreement, for the purpose of furnishing the products and services utilized in
<br />providing telephone, telegraph and other communication products and services.
<br />This grant includes the right to erect, construct, place, replace, reconstruct, lay,
<br />• maintain and operate poles, wires, switching equipment, amplifying equipment,