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<br />Section 5. All of said poles or other structures for the carrying of the wire;
<br />be set and maintained at such places in the streets or alleys and public highways c
<br />the City of Eugene as the City of Eugene may direct; and the City of Eugene may
<br />direct, and the City of Eugene may, whenever any~such-poles or other structures
<br />shall unnecessarily inconvenience the public or property owners, require the
<br />removal or change of location of any such pole or poles..
<br />Section 6. Whenever the Pacific Telephone and Telegraph Company, itsssucce-
<br />ssors and assigns, shall install any new construction of-its telephone and t ele-
<br />graph system in the City of Eugene or shall reconstruct any old construction,
<br />the same shall be placed in the alleys wherever possible.
<br />Section 7. Whenever the said the Pacific Telephone and Telegraph Company
<br />shall assigne this franchise or-the rights and privileges hereby granted, it
<br />shall file with the City Recorder of the City of Eugene a written notice of
<br />such assignment giving the name of the assignee-and until such notice shall
<br />have been filedm the said The Pacific Telephone and Telegraph Company shall
<br />be liable to the City of Eugene to the same extent as though no sale nor assign-
<br />ment of this franchise had been made.
<br />Section 8. This franchise is granted subject to all of the provisions
<br />of the Charter of the City of Eugene.
<br />Section 9. The Pacific Telephone and Telegraph Company, its successors
<br />and assigns, shall at all times keep and maintain aTl~of it spoles, fixtures,
<br />condiuts wires and its entire system in a good state of"repair and shall
<br />indemnify and save harmless the City of Eugene"of and from any and all damages
<br />of any kind or character growing out of or arising by"reason"of the maintenance
<br />of the said telephone and telegraph system in the City of Eugene.
<br />Section 10. Whenever it becomes neces"sary to temporarily rearrahge, remove,
<br />lower or raise the aerial cables or wires or other apparatus of the grantee to
<br />permit the passage of any building, machinery or other object, the said grantee
<br />will perform such rearrangement on seven (7) days written notice "from the person
<br />or persons desiring to move said building, machinery or other objects. Said
<br />notice shall bear the approval of such officials as the Common Council may
<br />designate, shall detail the route of movement~of-the building, machinery;i or
<br />other objects, shall provide that the costs incurres~ by the grantee in making
<br />such aearrangement of its aerial plant will be borner by the persons or persons
<br />giving said notice will indemnify and save said grantee harmless of and from
<br />any and all damages or claims of whatsoever kind or nature caused directly or
<br />indirectly from such temporary rearrangement. of the aerial plant of the grantee.
<br />This section shall not be deemed to conflict with the terms and provisions of
<br />Ordinance 5176 heretof ore passed by the Common Council and approved by the Mayor
<br />of the City of Eugene on December 14, 1925, but is intended to be supplemental
<br />thereto.
<br />Section 11. In consideration of the rights and privileges hereby granted,
<br />the City of Eugene shall have, and the said grantee hereby grants to it, the
<br />right and privilege to place, where aerial construction exists, a f iXtures on
<br />the tops of poles erected and maintained under this franchise to which may be
<br />attached wires, and where underground conduit exists;'the said grantee shall
<br />furnish the said City with one duct in its main underground"system, excluding
<br />pipe or other conduit dips connecting bne pole with another, or two pairs of
<br />wires in its main underground cable, free of charge to said City. to be used
<br />for low tension police and fire alarm purposes; it being understood that it
<br />should be optional with the grantee as to whether two pairs of wires shall be
<br />given or a duct in the underground system; provided, however; that said grantee
<br />shall not be responsible in any manner whatsoever for damages caused by the
<br />failure of said police or fire alarm systems, or any part thereof, to operate;
<br />and the said City of Eugene hereby agrees to hold said grantee harmless of and
<br />from any and all claims, damages or liability of any kind Whatsoever caused
<br />directly or indirectly by the failure of said police or fire alarm systems,
<br />or any parts therof, to operate.
<br />Section 12. In further consideration of the rights, privileges and
<br />franchises hereby granted, the same being in renewal of the rights, privileges,
<br />and franchises heretofore granted to acid grantee~by Ordinance No. 1984 of the
<br />City of Eugene, which Ordinance expired August 12, 1943, said grantee shall pay
<br />to the City of Eugene annually a sum to be arrived at by computing two per cent
<br />(2~) of the gross receipts of the Company, excluding from the computation long
<br />distance tolls, and out of the City telephone service, upon or -.before the 12th
<br />day of August in each year for 20 years, which sum is deemed by_t~he Council such
<br />a, percentage of the gross income of the grantee to secure to the City adequate
<br />service and adequate compensation therefor, and adequate to cover present values
<br />and future developments, and in further consideration of the rights, privileges
<br />and f ranehises hereby granted, the said grantee, its successors and assigns,
<br />shall furnish to the City of Eugene without charge therefor, not to exceed one
<br />individual main line telephone for each fifteen hundred, inhabitants of the City
<br />of Eugene according to the current ~yer~sus, or the equivalent thereof in other
<br />local service measured by the filed and published tarrifs of said grantee, for
<br />shall
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