Ordinance No. 20168 - Laserfiche WebLink

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ORDINANCE NU. Zo168 AN ORDINANCE GRANTING TO WILLIAMS CGM[MUNICATIDNS, INC., A NUN-EXCLUSIVE FRANCHISE TG USE THE PUBLIC 'WAY TO CONSTRUCT AND MAINTAIN PUBLIC COMMUNICATION FACILITIES WITHIN THE CITY OF EUGENE. THE CITY GF EUGENE DUES ORDAIN AS FOLLOWS: Section 1. As used in this Ordinance, the following words and phrases mean: C.... ice: The City of Eugene, Gregor. Cit Mana er: The City Manager of the City or his or her designee. Communications facilities: Ail conduits and associated structures owned by Grantee for use by Grantee in constructing, installing and maintaining a fiber optic communication system. Grantee: Williams Communicatians, Inc., its successors and assigns. Public wav: The portion of the High Street right-of way located within the City, where the Union Pacific Railroad crosses the High Street right-of way, as more specifically shown on the diagram attached as Exhibit B hereto. Section 2. Subject to the provisions and restrictions of this Grdinance and the Eugene Code, 1971, City grants to Grantee the non-exclusive privilege to use the public way to construct and maintain communication facilities within the corporate limits of the City. Section 3, It shall be Grantee's responsibility to locate and avoid all utilities located within Crrantee's construction area, and Grantee shall be liable for any costs to repair or replace any utilities which may be damaged due to Grantee's construction or location of its communication facilities. Subj ect to the City Manager's authority to prescribe the location within the public way, it shall be lawful for Grantee to make all necessary excavations in the public way for the purpose of constructing and maintaining its communication facilities. Grantee's use of the public way shall comply with the standard specifications of the City, including, but not limited to the City of Eugene Manual on Traffic Control Devices, Signing, etc. for Construction and Maintenance on Streets and Highways, and the City of Eugene Policies and Procedures: Utility and Right-of Way Cuts, Construction Within and Use of the Public Way, and all other applicable Federal, State, and Iocal laws, rules, and regulations. Grantee shall do no work affecting the public way without first obtaining the permits required by the City, which may include plan submittal, approval and the payment of fees before work begins. Grantee shall furnish all necessary material and labor to install and maintain its communications facilities at its own expense. Grdinance -1