§ 3.  


Latest version.
  • This Ordinance shall become effective January 1, 1994, provided that the Company by the Commencement Date shall have filed with the City Clerk a written consent by the Company to terms of the Ordinance after its adoption by the City Council and after publication of this Ordinance. All calculations and payments made under this Ordinance shall be made from February 1, 1994 whether or not the filing herein has been completed by January 1, 1994. The filing of such consent and the making of payments required by this Ordinance shall not be construed as a relinquishment or surrender by the Company to any rights it has or claims to have, independently of this Ordinance, to use the streets, alleys and public grounds of the City for the purposes set forth in Section 1 hereof, and shall not be construed to foreclose the Company from claiming, and exercising, after the expiration of this franchise, any such rights; this ordinance is a continuation of the agreement to forebear the assertion and adjudication of certain claims during the term of the franchise granted, as originally agreed to between City and Company by that certain ordinance passed December 23, 1954, and published December 31, 1954, and as continued by ordinance adopted March 12, 1971; and as continued by ordinance adopted March 8, 1991, and the enactment of this Ordinance shall not be considered in any way a relinquishment or surrender by the City of the power it claimed to have at the time prior to December 23, 1954, agreement to impose upon the Company a charge for the use of the City's streets, alleys and public grounds, except for the period and on the terms set forth in this Ordinance.

    All rights and obligations under this Ordinance shall extend to the successors and assigns of the Company. (93-Or-180, § 1, 12-15- 93)