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Resolution No. 14-62 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 14 - (pcZ A RESOLUTION GRAN'T'ING A NON-EXCLUSIVE UTILITY FRANCHISE TO WINDSTREAM COMMUNICATIONS, L.L.0 (D.B.A MCLEODUSA TELECOMMUNICATIONS SERVICES, L.L.C.) PURSUANT TO TIGARD MUNICIPAL CODE SECTION 15.06.060 WHEREAS, the Tigard Municipal Code ("TMC' Section 15.06.060 allows the City Council to grant a non- exclusive utility franchise to any person providing utility services which meets the requirements of the TMC; and WHEREAS,Windstream Communications,L.L.0 (d.b.a. McLeodUSA) last held a 10-year franchise agreement with the City from August 10, 2000 through August 10, 2010, to provide telecommunications in the City at which time it expired. Windstream continues to pay franchise fees to the City;and WHEREAS, Windstream Communications, L.L.0 (d.b.a. Mc-&odUSA) has requested a new utility franchise and has met all necessary requirements in TMC Chapter 15.06;and WHEREAS,Windstream Communications,L.L.0 (d.b.a. McLeodUSA) has signed a standard Utility Franchise Agreement without modification. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Windstream Communications, L.L.0 (db.a. McLeodUSA) is hereby granted a non-exclusive utility franchise for a period of 10 years from the date of this action. SECTION 2: The Mayor is authorized to execute the attached franchise agreement with Windstream Communications,L.L.0 (d b.a. McLeodUSA) SECTION 3: This resolution is effective immediately upon passage and signing by the Mayor. PASSED: This / day of !/��,2014. Cityy/ f igar ATTEST: C'ou�u� T/t PQM P�w Deputy City Recorder-C' f Tigard RESOLUTION NO. 14- (pa Page 1