ORDINANCE No. 178152

*Approve settlement with Qwest Communications, Inc. regarding the Alder Basin Relief and Reconstruction Phase 4, Ladd’s Addition project. (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  In 2001, the City issued a temporary, revocable permit to Qwest which, in part, grants Qwest the authority to maintain a telecommunication system as a telecommunication utility, with all necessary facilities, in, under and over the surface of the City’s streets.

2.  On or about September 16, 2003, the Bureau of Environmental Services filed a lawsuit, asserting breach of the 2001 permit, among other things, which sought damages from Qwest arising out of work on the Alder Basin Relief and Reconstruction Phase 4, Ladd’s Addition construction project

3.  Qwest has agreed to pay the City $81,250 for release of the City’s claim. This amount is acceptable to the Bureau of Environmental Services.

NOW, THEREFORE, the Council directs:

a.  Commissioner Saltzman is authorized to execute the proposed settlement agreement with Qwest Communications, Inc. in substantially similar form as shown on the attached Exhibit A.

b.  When the agreement is executed by all parties, Qwest Communications, Inc. will deliver a check in the amount of $81,250 to be credited to the Bureau of Environmental Services’ Sewer System Operating Fund.

Section 2.  The Council declares that an emergency exists because a delay in executing the settlement agreement could result in a change in the settlement terms; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Commissioner Dan Saltzman

James H. Van Dyke:cj

January 8, 2004

BACKING SHEET INFORMATION

AGENDA NO. 53-2004

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178152