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gRDINANCE NU. 2o1G7 <br />AN ORDINANCE GRANTING TO ADVANCED TELECOMMUNICATIONS <br />GROUP (ATG), ANON-EXCLUSIVE FRANCFIISE TO USE THE PUBLIC <br />WAY TO CONSTRUCT AND MAINTAIN PUBLIC COMMUNICATION <br />FACILITIES WITHIN THE CITY OF EUGENE. <br />THE CITY OF EUGENE DUES gRDAIN AS FULLUwS: <br />Section 1. As used in this Grdinance, the following words and phrases mean: <br />C...~: 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: Advanced Telecommunications Group ~ATG}, its successors and assigns. <br />Gross revenue: All revenue of any kind and in any form, without deduction for <br />expenses. <br />Public wav: Any street, road, alley, right-of way, pedestrian or bicycle easement or <br />utility easement for public use that is controlled by City. <br />Section 2. Subject to the provisions and restrictions of this Grdinance and the Eugene Code, <br />1971, City grants to Grantee the non-exclusive privilege to use the public way to construct and <br />maintain communication facilities within the corporate limits of the City. <br />Section 3. rt shall be Grantee's responsibility to locate and avoid all utilities located within <br />Grantee's construction area, and Grantee shall be liable for any costs to repair or replace any utilities <br />which may be damaged due to Grantee's construction or location of its cammunication facilities. <br />Subject to the City Manager's authority to prescribe which public ways wi11 be used and the location <br />within the public way, it shall be lawful for Grantee to make all necessary excavations in any public <br />way far the purpose of constructing and maintaining its communication facilities. Grantee's use of <br />the public way shall comply with the standard specifications of the City, including, but not limited <br />to the City of Eugene Manual on Traf~"~c Control Devices, Signing, etc. for Construction and <br />Maintenance on Streets and Highways, and the City of Eugene Policies and Procedures: Utility and <br />Right-of way Cuts, Construction within and Use of the Public way, and all other applicable <br />Federal, State, and local laws, rules, and regulations. Grantee shall do no work affecting the public <br />way without first obtaining the permits required by the City, which may include plan submittal, <br />approval and the payment of fees before work begins. Grantee shall furnish all necessary material <br />and labor to install and maintain its communications facilities at its own expense. <br />Grdinance -1 <br />