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Effective Date: August 4, 2016 <br />ORDINANCE No. 2691 <br />AN ORDINANCE OF THE CITY OF LAKE OSWEGO GRANTING A NONEXCLUSIVE BROADBAND <br />INFRASTRUCTURE FRANCHISE TO CLACKAMAS COUNTY <br />WHEREAS, it is in the best interest of the City and its citizens to promote the offering of <br />broadband infrastructure in the form of a dark fiber optic network through the City, subject to <br />the City's lawful authority to regulate the 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; and <br />WHEREAS, Clackamas County, Oregon, desires to construct broadband infrastructure by <br />installing dark fiber optic cable throughout the City of Lake Oswego; and <br />WHEREAS, there are significant benefits to the City and its residents once connected to the <br />County's dark fiber optic cable, such as providing a fast, secure, and reliable connection; <br />NOW, THEREFORE, THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS: <br />SECTION 1. Purpose. The purpose of this ordinance is to establish an agreement to determine the <br />terms and conditions upon which Clackamas County may be permitted to occupy the streets, <br />highways or other public right of way within the City, pursuant to the power of the City of Lake <br />Oswego under its Home Rule Charter and ORS Chapter 221, except as to matters regulated by state <br />or federal authorities. <br />SECTION 2. Parties. The 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 "the City" and <br />Clackamas County, sometimes referred to herein as "Grantee." The City of Lake Oswego reserves <br />the right to refuse to accept the performance of any obligations imposed on Grantee under this <br />agreement by any delegee of Grantee. <br />SECTION 3. Grantee's Right to Occupy Right of Way. Subject to the other terms and conditions set <br />forth in this document, and subject to any applicable ordinances and regulations of the City, <br />including but not limited to ordinances and regulations, as well as permit fees, regarding <br />development, tree pruning or removal, erosion control and excavation in the public right-of-way, <br />and subject to any applicable state and federal laws, rules or regulations, the City hereby grants to <br />Grantee, the right, privilege and franchise to occupy the streets, highways or other public right of <br />way as may 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 dark fiber optic cable network. For <br />