ORDINANCE NO. 8775 - Laserfiche WebLink

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2 ~.~_~ ORDINANCE 8775 AN ORDINANCE granting to the Pacific Telephone and Telegraph Company, its successors and assigns, the right and privilege to do a general telephone and telegraph business and to place, erect, lay, maintain and operate in, upon and under the streets, alleys, avenues, thoroughfares and public highways within the City of Eugene, poles, wires and other appliances and conductors for all telephone, telegraph and other communication purposes. THE CITY CF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Subject to the provisions and restrictions hereinafter contains there is hereby granted by the City of Eugene to the Pacific Telephone and Telegrap'~ Company, its successors and assigns, the right and privilege to do a general telephone and telegraph .business within the City of Eugene and to place, erect; lay and maintain and operate in upon and under the streets and alleys, avenues, thoroughfares and public highways within t2ie~said City, poles, wires and other appliances, and conductors for all telephone, telegraph and other communication purposes. Such wires and other appliances and conductors may be strung upon poles or other fixtures above ground or at the option of the grantee, its successors and assigns, may be laid underground in pipes or conduits or otherwise protected, and such other apparatus may be used as may be necessary or proper to operate and maintain the same; provided, however, that no poles or ,other fixtures shall set on, nor wires strung along VJillamette~Street between the Southern Pacific Railroad Company's right of way and 16tYi Avenue; nor on nor along Oak Street between 5th Avenue and 11th Avenue; nor~on nor along Pearl Street between 5th Avenue and 11th Avenue; nor on nor along Olive Street between 5th Avenue and 13th Avenue if extended; nor on nor along Charnelton Street between the Southern Pacific Railroad Company's Right of Way and 13th Avenue; nar on nor along 6th Avenue nor 7th Avenue between Lincoln Street and Pearl Street; nor on nor along 8th Avenue between Washington Street and Pearl Street; nor on nor along Broadway Street between Washington Street and Pearl-Street; nor on nor along 10th Avenue between Lincoln Street and Pearl Street; nor on nor along 11th Avenue between Lincoln Street between Lincoln Street and Oak Street; but in the-area of the said City of Eugene within said streets and avenues the poles or other fixtures and wires shall be confined to the alleys between said streets and avenues, or to underground conduits, except that throughout the restricted areat defined above aerial crossing of restricted streets and avenues ahsll be permitted at alley intersection and shall be constructed by placing the poles or other fixtures carrying such aerial crossings in the alleys outside of the limits of the Street, and such aerial crossings will not be constructed as permitting the placing of poles upon these streets and avenues except that no crossing ab above provided shall be permitted upon Willamette Street save at the alley between Broadway and 10th Avenue. Section 2. It shall be lawful for the Said Pacific Telephone and, Telegraph Company, its successors and assigns, to make all needful excavations ~in any of such streets, alleys, avenues, thoroughfares and public highways in said City for the purpose of placing, erecting, laying and maintaining poles, or other supports, or conductors for said wires or repairing, renewing or replacing the same. Said work shall be done in compliance with the necessary rules, regu- lations, ordinances or orders which may during the continuance of this franchise be adapted from time to time by the City of Eugene. Section 3. Whenever the Pacific Telephone and Telegraph Company, its successors and assigns, shall disturb any of the streets or alleys of the City of Eugene for the purpose aforesaid it or they shall restore the same to as good order and condition as the same were at the time of such disturbance, using the same kind and quality of material with which the street or alley was originally improved, and to so repair or restore the same under the direction and to the satisfaction of the Street Committee of the City of Eugene, and to restore the same aforesaid, without any unnecessary delay; and failing to do so, the City of Eugene shall have to right to fig a reasonable time within which such repairs and restoration cif streets and alleys may be completed and upon failure of such repairs being made by said Company, its successors and assigns, the City of Eugene may cause such repairs to be made at the expense of the~Pacific Telephone and Telegraph Company, its successors and assigns; provided, however, that no hard surface pavement shall be cut or broken by the Pacific Telephone and Telegraph Company, its successors and assigns, for the purpose of laying underground conduits without a permit from the City of Eugene therefor having been first had and obtained. Section 4. Nothing in this ordinance shall be construed in any way to prevent the pr6Per authorities of the City of Eugene from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares and public highways within the City of Eugene in or upon which the poles, wires or other conductors of said Company shall be placed, but all such work or improvements shal'1 be done if possible, so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, piges.or other apparatus.