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ORDIIuTA~~CE B'780 <br />Alv OFDII~;EfT~Ci+~ grantir~~; to The Pacifici Telephone and Telegraph Company, its <br />successors snd assigns,-tithe z•ight and privilege to do a general telephone and <br />telegraph business and to r=ace, erect, lay, maintain and operate in, upon and <br />uricer the streets, alleys, avenues, t~_oroughfar•es and public highv,ays within the <br />City of Eugene, poles, vaires and other applicances and conductors for all teleph <br />telegraph and other communication purposes. <br />1'HE CITY OI' EUC=ET~'E DOES OF~.PAIlIT ~~S FOLLO~'~S: <br />Section 1. Subject to the provisions and restrictions hereinal:'ter <br />contained, there is hereby granted by the City of Eugene to The pacific Telephone <br />and Telegraph Company, its successors ar~d assi~•ns, the right and ~;rivilege to do <br />a general telephone and telegraph business wit.xin the City of ugene and to place, <br />erect, lay, r~laintain and operate in, upon and under the streets and alleys, <br />avenues, thoroughfares and public ghighv„ays within the said City, poles, wires and <br />other appliances, and conductors for all telephones, telegraph and otirer• communi- <br />cation purposes. Such wires and other appliances and conductors may be strung <br />upon poles or other fixtures above ground, or ma•y be laid underground in pipes or• <br />conduits or• otherwise protected, and such other apparatus rr~ay be used as may be <br />necessary or• proper to operate and maintain the same; provided, however, that no <br />poles or other fixtures shall be set on, nor• wires trung along T.''illamette Street <br />between the Southern Paci_ is F~ailroad Corr_pany's rig~it of way and 16th Avenue; <br />nor on nor along Oak Street between Styr Avenue and 11th .~wenue, nor on nor• along <br />Fearl Street betvaeen 5th Avenue and 11th Avenue; nor on nor• along Olive Street <br />between 5th Avenue and 13th Avenue if extended; nor on nor along Charnelton Street <br />between the Southern Pacific Railroad Company's right of way and 13th Avenue; nor <br />or nor along 6th Avenue nor '7th Avenue between Lincoln Street and .Pearl Street; <br />nor on nor• along Broadway Street t~etv~een ti`°ashington Street and i'earl `~tr•eet; nor <br />on nor alone, 10th lyvenue betvaeen Lincoln Street and Pearl Street; nor ors nor along, <br />11th Avenue betvaeen Lincoln Street acid Oak Street; but in the area in said City <br />of Lu~ene vaithin said streets and Uvenues the poles or other fixtures and v:~ires <br />shall be confined to the_.alleys between said streets grid Uvenues, or to under- <br />gr•ourid condu ts, except ti.~at thr-oug .out the restricted area defined above, aerial <br />crossings of restricted streets and avenues sriall be permitted at alley inter- <br />sections and shall be constructed by ,_~laciilg poles or other fixtures carrying <br />such aerial crossings in the alleys outside of the lirr~its of tide street, and such <br />aerial eor•ssings will not be construed as perrrittir~g the placi_ig of poles upon <br />these streets and avenues e<;cept treat no crossing as above pz•:.~vided shall be <br />permitted upon 6:illarriette ~'treet save at the alley between Broadway and 10th. <br />Avenue. <br />Section 2. It shall be lawful for the said Tine Pacifici Telephone and <br />Telegraph Cotr~pany, its successors and assigns to rr~ake, all needful excavations in <br />arly of such streets, alleys, avenues, thoroughfares and public higlwa~ays in said <br />City.for• the purpose of pl~cin~;, erecting, laying and maintaining poles, or ether <br />supports, or conductors for• said ~aires, or repairing, re:~7ewing or re},>lacing the <br />same. Said work shall be done in coinpl.iance vaith the necessary rules, regulations <br />ordinances or orders which may, during the continuance of this franchise, be <br />adopted from tirrie to time by the City of Eugene. <br />Section 3. V"~henever• The Pacific Telephone and Telegraph Company, its <br />successors grid assigns, shall distr•ub any of the streets or alleys of the City <br />of Eugene for• the purpose aforesaid it or ~ihey sarill restore the same to as good <br />order and condition as the same were at the time of suci~ disturbance, using the <br />Uairle kind and eyulaity of material v:ith which the street or alley was originally <br />imrpoved, and to so z•epair or r•e:=tore the same under t~~e direction of and to the <br />satisfaction of the Cor;rrnon Council of the City of rugene, and to restore the same <br />aforesaid without any unnecessary delay; and fail'ng to do so,. the City of Eugene <br />shall have the right to fix a z•easorlable time within ~-hich such repairs and <br />restoration fSf streets arld alleys rrray be com.~.leted Und upon failure of such repai <br />being made by said C ~mpany, its successors and assi~;rls, the City of Eugene may <br />cause such repairs to be made at the experl~e of the ~'acific Telephone and Telegra <br />Company, its successors and assi~•ns, provided, however, tliUt no hard surface <br />pavement shall ' e cut or street bor•ken by The Pacific Telephone and Telegraph <br />Company, it successors and. assigns without a perrr~it from the City of Eugene <br />therefor having been first had and obtained. <br />Section 4. I~?othing in this ordinance shall be construed in any way <br />to prevent the proper authorities of the City of Eugene from severing, grading, <br />planking, rocking, paving, repairing, altering, or improving any of the streets, <br />alleys, avenues, thoroughfares and public hi~;hvca,y-s within the City of Eugene in <br />or upon which the poles, wires, or oti_er conductors of said Company shall be <br />placed, but all such work or iinpr•overr.ents shall be done if possible so as not to <br />obstruct or pr•everit the free use of said poles, wires, conductors, conduits, <br />pipes or other apparatus. <br />