RESOLUTION No. 36133

Authorize City Attorney to commence legal proceedings, if necessary, for franchise enforcement. (Resolution)

WHEREAS,  By Ordinance 170283, the Portland City Council granted a franchise to Electric Lightwave, Inc. to use the streets within Portland to provide telecommunications services; and,

WHEREAS,  Electric Lightwave, Inc. has accepted the franchise grant, and has constructed and maintained its telecommunications facilities within the City streets; and,

WHEREAS,  As one of the franchise conditions, Electric Lightwave agreed to pay franchise fees to the City as compensation for the rights and privileges granted under the franchise; and,

WHEREAS,  Electric Lightwave, Inc. has failed, refused or neglected to pay the City of Portland the full compensation provided for under the terms of its franchise.

WHEREAS,  Electric Lightwave, Inc., has also failed to comply with other terms of the franchise.

NOW, THEREFORE, BE IT RESOLVED the City Attorney is hereby authorized and directed to commence legal proceedings to enforce the terms and conditions of the franchise agreement entered into by Electric Lightwave, Inc. with the City of Portland.

Commissioner Randy Leonard

David Olson

April 2, 2003

BACKING SHEET INFORMATION

AGENDA NO. 340-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36133