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9-'7 ORDINANCE NO. 8655 An Ordinance granting to the Southern Pacific Company, its lessees, successors and assigns, as the successors in interest of Oregon and California ~ Railroad Company, the right, privilege and franchise to establish, lay down, ~ construct, maintain and operate a single standard guage railway spur track over and across a certain portion of Pearl Street, in the City of Eugene, Oregon, subject to certain conditions and restrictions hereinafter set forth. ~ THE CITY' 4F EUGENE DOES ORDAIN AS FOLLOWS: ~' Section 1. That there be and is hereby granted unto the Southern Pacific Company, a corporation organized and existing under the laws of the State oP Oregon; its lessees, successors and assigns, the right, privilege and franchise for and during the period of twenty years from and after the taking effect of this ordinance to establish, lay down, construct, equip, maintain and operate a single standard ~ guage railway spur track over and across Fearl Street in the City of Eugene, Oregon; the description of the center line of said spur track across said Pearl-Street, being as follows, to-wit: Beginning at a point on the West line of Pearl Street, in the City of Eugene, 182 feet, more or less, North of the North line of Fifth Street, and running in a Southeasterly direction across Pearl Street, and inter- secting the East line thereof at a point 147 feet, more or less, North of North line of said Fifth Street, -All in the City of Eugene, Lane County, Oregon: Section 2. Said spur track shall be so constructed as to be laid on a level and flush with the grade of said Pearl Street as the same is now established in the City of Eugene so as not to.interfere unnecessarily with the public use of such street; whenever the grade of said street shall be changed by said City of ~ Eugene, said Southern Pacific Company, or its successors in interest shall change said track to conform to such change of grade. Section 3. Said Southern Pacific Company, its successors and assigns, shall have the right to do all necessary excavating or grading for the,~onstruction, repair and maintenance of said tracks but all portions of said street so excavated or graded must be replaced in as near the original condition as practicable and said Company, its successors or assigns, shall during the Life of this franchise, keep the portion upon said street upon which the track is maintained in as good condition and repair as the remainder of said street is maintained for the whole width of said railroad track and between the rails of said track and for a width of one foot outside the rails of said track and in the event the adjacent portions of said street shall be improved by the city with hard surface pavement, said Company, its successors or assigns, shall improve the portions of said street last above described with hard surface pavement similar in character and equally as good as that placed by the city on said adjacent portions of said street. Section 4. The privileges, rights and franchises herein granted are upon the condition that the Southern Pacific Company, its successors or assigns, shall within thirty (30 days) from the date this ordinance becomes effective, file with the City Recorder, a written acceptance of its provisions. Section 5. Inasmuch as there is no gross income Prom the use of said ~ spur, no provision is made for compensation. Section 6. It is a condition of this franchise that in case the City of ~ Eugene shall acquire this utility or any utility embracing this utility, by purchase, condemnation or otherwise, the price to be, paid by the city shall exclude the value of any franchise oP any prerogative of sovereignty granted by the City and connected with such public utility. Passed by the Common Council Approved by the Mayor this this 9th day of Sept. 1940 10th day of Sept,, 1940 s C, M. Bryan _~s/ Elisha Lame „_, _,~______