Laserfiche Public Portal
Effective Date: December 17, 2015 <br /> ORDINANCE No. 2693 <br /> AN ORDINANCE OF THE CITY OF LAKE OSWEGO GRANTING A NONEXCLUSIVE <br /> TELECOMMUNICATIONS SERVICES FRANCHISE TO ASTOUND BROADBAND, LLC D/B/A WAVE <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 of <br /> way within the City under authority of the City Charter and state law; <br /> NOW,THEREFORE, 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 Astound Broadband, LLC d/b/a Wave may be permitted to occupy the streets, highways, <br /> and other public rights-of-way within the City, pursuant to the power of the City of Lake Oswego <br /> under its Home Rule Charter and ORS Chapter 221, except as to matters regulated by state or <br /> 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 Astound Broadband, LLC d/b/a Wave, a Washington limited liability company qualified <br /> to do business in the State of Oregon, sometimes referred to herein as "Grantee." All rights and <br /> privileges granted under this agreement to Grantee shall inure to its successors and assigns. The <br /> City of Lake Oswego reserves the right to refuse to accept the performance of any obligations <br /> imposed on Grantee under this agreement by any delegee of Grantee. <br /> SECTION 3. Grantee's Rieht to Occuov Rieht of Way. 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, including applicable permit <br /> fees, and subject to any applicable state and federal laws, rules or regulations, the City hereby <br /> grants to Grantee, the right, privilege and franchise to occupy the streets, highways or other <br /> public right of way as may come within the jurisdiction of the City during the term of this <br /> agreement, for the purpose of construction, use, operation and maintenance of a system to <br /> provide telecommunication services. Without limiting the scope of activities that are not <br /> authorized, this grant specifically does not include or authorize construction, use, operation or <br /> provision of a cable system or provision of cable service, as any of those terms are defined in 47 <br /> USC 522. This franchise also specifically does not authorize video programming, meaning <br /> programming provided by, or that would generally be considered comparable to programming <br /> provided by, a television broadcast station or programming network. "Video programming" as <br /> used in this section does not include video programming provided solely as a part of and via a <br /> ORDINANCE 2693 <br /> Page 1 of 10 <br />