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Resolution No. 16-32 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 16- 3a A RESOLUTION GRANTING AND AUTHORIZING THE MAYOR TO EXECUTE A NON- EXCLUSIVE FRANCHISE TO ZAYO GROUP, LLC, TO OPERATE A TELECOMMUNICATIONS UTILITY SYSTEM WITHIN THE CITY OF TIGARD. WHEREAS,Zayo Group,LLC (hereinafter"Zayo"),is qualified to do business in Oregon;and WHEREAS, pursuant to Federal law, State statutes, and City Charter and local ordinances, the City is authorized to grant non-exclusive franchises to occupy the rights of way as defined in Chapter 15.06 of the Tigard Municipal Code (TMC),in order to place and operate a Utility System within the municipal boundaries of the City;and WHEREAS, Zayo has requested a franchise with the City and has signed the City's standard franchise agreement without modification;and WHEREAS, the City has found that Zayo meets all lawful requirements to obtain a franchise, and therefore approves the application. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City hereby grants to Zayo Group, LLC, a non-exclusive franchise, the terms and conditions of which are contained in the franchise agreement,attached hereto as Exhibit A. SECTION 2: The Mayor is authorized and directed to sign the attached agreement on behalf of the City. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 4# s 2016. )A n „ May -City of Tigard ATTEST: eallm�4 City Recorder-City of Tigard RESOLUTION NO. 16- 3 2- Page Page 1