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30 Days: January 3, 1996 <br />Accepted by US West 12/12/95 <br />ORDINANCE NO. 2126 <br />• <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 />Grantee. <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, <br />1 <br />