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ORDINANCE NO. 2484 <br />AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL GRANTING A <br />NONEXCLUSIVE TELECOMMUNICATIONS FRANCHISE TO VERIZON <br />NORTHWEST INC. <br />THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS: <br />Section 1. Purpose. The purpose of this agreement is to determine terms and <br />conditions upon which Verizon Northwest, Inc. may be permitted to occupy the streets, <br />highways or other public property within the City, pursuant to the power of the City of Lake <br />Oswego under its Home Rule Charter and Oregon Revised Statutes Chapter 221, except <br />as to matters regulated by state or federal authorities. <br />Section 2. Parties. The parties to this agreement are the City of Lake Oswego, an <br />Oregon municipal corporation, sometimes referred to herein as "the City" and Verizon <br />Northwest Inc., a Washington corporation qualified to do business in the State of Oregon, <br />sometimes referred to herein as "Grantee." All rights and privileges granted under this <br />agreement to Grantee shall inure to its successors and assigns. <br />Section 3: Grantee's Right to Occupy Public Right -of -Way. Subject to the other <br />terms and conditions set forth in this document, and subject to any applicable <br />ordinances and regulations of the City, including but not limited to ordinances and <br />regulations regarding development, tree pruning or removal, erosion control and <br />excavation in the public right-of-way, the City hereby grants to Grantee the right <br />privilege and non-exclusive franchise to occupy the streets, highways, alleys, avenues, <br />thoroughfares and public highways (referred to herein as the "right-of-way") as may <br />come within the jurisdiction of the City during the term of this agreement, for the <br />purpose of construction, use, operation and maintenance of a system to provide <br />telecommunication services within the City of Lake Oswego. This grant includes the <br />right to place, erect, lay, and maintain poles, cables, wires and equipment customarily <br />associated with telecommunications systems. <br />In locations where aerial or above ground utility facilities (including aerial cable <br />supports) exist as of the effective date of this Franchise, Grantee shall be allowed to <br />overbuild, upgrade, maintain, replace or add to its existing aerial facilities and <br />supporting structures, unless the City requires, in the course of permitting property <br />development or redevelopment, or otherwise pursuant to applicable law or regulations, <br />that all such facilities be located underground. <br />The City in its sole discretion may require that Grantee's and other similar utility facilities <br />be placed or converted to underground in the course of construction of public works or <br />Page 1 of 9 — Ordinance No. 2484 <br />