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ORDINANCE No. 2564 <br />AN ORDINANCE OF THE CITY OF LAKE OSWEGO GRANTING A <br />NONEXCLUSIVE TELECOMMUNICATIONS SERVICES FRANCHISE TO <br />ELECTRIC LIGHTWAVE, LLC <br />WHEREAS, it is in the best interest of the City and its citizens to promote the offering of <br />competitive telecommunications services, subject to the City's lawful authority to regulate the <br />use of its rights of way; and <br />WHEREAS, the City has jurisdiction and exercises regulatory management over all public rights <br />of way within the City under authority of the City Charter and state law; <br />NOW, THEREFORE, <br />THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS: <br />SECTION 1. Purpose. The purpose of this agreement is to determine terms and conditions upon <br />which Electric Lightwave, LLC, a wholly-owned subsidiary of Integra Telecom Holdings, Inc., may <br />be permitted to occupy the streets, highways or other public right of way within the City, pursuant <br />to the power of the City of Lake Oswego under its Home Rule Charter and ORS Chapter 221, <br />except 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 Oregon <br />municipal corporation situated in the county of Clackamas, sometimes referred to herein as "the <br />City" and Electric Lightwave, LLC, qualified to do business in the State of Oregon, sometimes <br />referred to herein as "Grantee." All rights and privileges granted under this agreement to Grantee <br />shall inure to its successors and assigns. The City of Lake Oswego reserves the right to refuse to <br />accept the performance of any obligations imposed on Grantee under this agreement by any delegee <br />of Grantee. <br />SECTION 3. Grantee's Right to Occupy Right of WaX. Subject to the other terms and conditions <br />set forth in this document, and subject to any applicable ordinances and regulations of the City, <br />including but not limited to ordinances and regulations regarding development, tree pruning or <br />removal, erosion control and excavation in the public right-of-way, and subject to any applicable <br />state and federal laws, rules or regulations, the City hereby grants to Grantee, the right, privilege and <br />franchise to occupy the streets, highways or other public right of way as may come within the <br />jurisdiction of the City during the term of this agreement, for the purpose of construction, use, <br />operation and maintenance of a system to provide telecommunication services. This grant includes <br />the right to place and maintain poles, wires, and other equipment customarily associated with <br />telecommunications systems. Such equipment must be laid underground unless the City <br />specifically permits wires or cables to be strung upon poles or other fixtures above ground. Nothing <br />in this agreement shall preclude Grantee from entering into a contract for the use of any portion <br />of its telecommunication systems with any person or other entity for such person or entity to <br />provide any retail or wholesale telecommunications services to its own customers, whether <br />specified herein or not, provided that said person or entity is operating under a current franchise, <br />Ordinance 2564 <br />Page 1 of 9 <br />