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Ordinance No. 20544
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Ordinance No. 20544
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Last modified
3/3/2015 10:13:16 AM
Creation date
3/3/2015 10:11:46 AM
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Council Ordinances
CMO_Document_Number
20544
Document_Title
Ordinance Granting Franchise to MCI
Adopted_Date
11/24/2014
Approved Date
11/25/2014
CMO_Effective_Date
12/25/2014
Signer
Piercy
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Grantee, or against any permit fees or inspection fees required by the construction codes or other <br />ordinances of City which are or may hereafter be adopted. <br />Section 15 . This franchise shall be governed by and interpreted in accordance with the <br />laws of the State of Oregon without giving effect to its principles of conflicts of laws. Any suit <br />filed to resolve a controversy relating to this franchise shall be instituted in Lane County Circuit <br />Court or the federal District Court for Oregon, Eugene Division. <br />Section 16 . If any part of this franchise is determined to be invalid, illegal or <br />unenforceable, the remainder of this franchise shall be construed as if such invalid, illegal, or <br />unenforceable provision had never been contained herein. <br />Section 17 . Subject to the provisions of Section 18 of this Ordinance, the privileges and <br />franchise herein granted shall continue and be in force for a period of twenty (20) years from and <br />after the date this Ordinance becomes effective; provided, however, that either City or Grantee <br />may, upon at least thirty (30) days written notice to the other prior to the expiration of each five <br />(5) year period from the effective date of this franchise, open this agreement to negotiate <br />provisions therein. The negotiations and dispute resolution, if any, shall be governed by the <br />principle that, to the extent possible, the terms of this franchise shall be consistent with local, <br />state and federal law in existence at the time of re- negotiation. <br />Section 18 . If at any time during the term of this franchise Grantee receives revenue <br />from the communications facilities constructed and maintained under the terms of this Ordinance <br />from one or more customers within the City of Eugene, the rights and privileges granted herein <br />shall terminate, and Grantee's use of the public way shall be subject to the provisions of Sections <br />3.400 through 3.430 of the Eugene Code, 1971, with which Grantee shall promptly comply. <br />Section 19 . This Ordinance shall take effect and be in force from and after its passage <br />and approval and acceptance by Grantee. Grantee shall, within thirty (30) days of the passage by <br />the City Council of this Ordinance, file with the City Recorder its written acceptance of a <br />summary of the terms and conditions of this Ordinance. <br />Passed by the City Council this <br />24 day of November, 2014 <br />Approved by the Mayor this <br />Z S day of November, 2014 <br />City Recorder <br />Mayor <br />Ordinance - Page 4 of 4 <br />
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