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
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