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ORDINANCE NO. 20544 <br />AN ORDINANCE GRANTING TO MCI COMMUNICATIONS <br />SERVICES, INC. A NON - EXCLUSIVE FRANCHISE TO USE THE <br />PUBLIC WAY TO CONSTRUCT AND MAINTAIN PUBLIC <br />COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE. <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br />Section 1 . As used in this Ordinance, the following words and phrases mean: <br />Cam: The City of Eugene, Oregon. <br />City Manager The City Manager of the City or his or her designee. <br />Communications facilities All conduits and associated structures owned by <br />Grantee for use by Grantee in providing telecommunication services. <br />Grantee MCI Communications Services, Inc., its successors and assigns. <br />Public way Any street, road, alley, right -of -way, pedestrian or bicycle easement <br />or utility easement for public use that is controlled by City. <br />Section 2 . Subject to the provisions and restrictions of this Ordinance and the Eugene <br />Code, 1971, City grants to Grantee the non - exclusive privilege to use the public way to construct <br />and maintain communication facilities within the corporate limits of the City. <br />Section 3 . It shall be Grantee's responsibility to locate and avoid all utilities located <br />within Grantee's construction area, and Grantee shall be liable for any costs to repair or replace <br />any utilities which may be damaged due to Grantee's construction or location of its <br />communication facilities. Subject to the City Manager's authority to prescribe which public <br />ways will be used and the location within the public way, it shall be lawful for Grantee to make <br />all necessary excavations in any public way for the purpose of constructing and maintaining its <br />communication facilities. Grantee's use of the public way shall comply with the standard <br />specifications of the City, including, but not limited to, the City of Eugene Manual on Traffic <br />Control Devices, Signing, etc. for Construction and Maintenance on Streets and Highways, and <br />the City of Eugene Policies and Procedures: Utility and Right -of -Way Cuts, Construction <br />Within and Use of the Public Way, and all other applicable Federal, State, and local laws, rules, <br />and regulations. Grantee shall do no work affecting the public way without first obtaining the <br />permits required by the City, which may include plan submittal, approval and the payment of <br />fees before work begins. Grantee shall furnish all necessary material and labor to install and <br />maintain its communications facilities at its own expense. <br />Ordinance - Page 1 of 4 <br />