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<br />Section 5. All• off' said polr.s or other structures for. the carr7ing of
<br />trte v~ires shall be set and maintained at such places in the streets and alleys
<br />and public highways of trte City of Eugene as the City of Eugene stay direct, and
<br />the City of, Eugene may,' whenever any such poles or other structures shall un-
<br />necessarily inconveninece the pub;_ic or property owners, require the removal
<br />or change .of location of ar~y such pole or poles.
<br />Section 6. ~':henever The Pacific Telel-~tone and Telegraph Company, its
<br />successors and assigns, shall install any new construction of its telephone and
<br />telegraph system. in the City of Eugene or shall reconstruct «ny old construction,
<br />1'the same shall be placed in the alleys ~vherever• possible.
<br />Section 7. Vhenever The said The Pacific Telephone and Telegraph
<br />Company shall assign this granchise or- the rights and privileges hereby granted,
<br />it sYlall file with the City Recorder of the City of Eugene, a written notice of
<br />such assig.mer~t, giving the name of the assignee and until such notice shall have
<br />been filed, the said The Pacific Telephone and Telegraph Company shall be liable
<br />to the City of Eugene to the sarrie extent a~ though no sale nor assignment of this
<br />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 time keep and maint:=in all of its poles, fixtures,
<br />conduits, wires end its entire system iri a good state of repair and shall indemnify
<br />atld save h~:rrnless the City of Eugene of and from any and all d<~ma~;es of anyrind ~,
<br />of char•acter• growing out of or arising by reason of the maintenance of the said ~i
<br />telephone and telegraph system in the City of Eugene. ~
<br />Section 10. ti~uhenever it becomes necessary to temporarily rearrange,
<br />remove, lower or raise the aerial cables or v~.~ir•es or other apparatus of the
<br />grantee, to perrai.t the passa~,e of any building; machinery or other object, the
<br />said grantee vai 1 perform such rearrangement on seven (7) days' written notice
<br />from the_per•son or persons desiring to move s~~id building, machinery or other
<br />object, said notice shall bear the approval of such officials as the Common
<br />Co.~ncil may designate,, shall detail the route of movement of the building, machine:
<br />or• other objects, shall provide that the costs incurred by the grantee in making
<br />such rearr•nagffirnent of its aerial plant will be borne by the person or persons
<br />diving siad notice and shall further provide that tyre person or persons giving
<br />said notice shall indemnify and save harmless said grantee of and from any and all
<br />damages or• claims whatsoever caused directly or indirectly from such temporary
<br />rearrangement of the aerial plant of the grantee. This section shall not be
<br />deemed to conflict with the terms artd provisions of Ordinance 5176 heretofore
<br />passed by the Common Council and approved by the TJlayor of the City of Eugene
<br />on December 14, 1925, but is intended to be supplemental thereto.
<br />Section 11. In consideration of the rigYtts, privileges, and franchise
<br />hereby grunted (this ordinance dating from August 12, 1943, being the expiration
<br />date of the former franchise granted by Ordinance Teo. 1984 of the City of Eugene)
<br />said grantee shall pay to said Gity of Eugene annually: two per cent (20) of the
<br />gross local service receipts of the grantee from telephones within the present or
<br />future corporate limits of the said City of Eugene, and a sv:orn statement of the
<br />gross local service receipts of the grantee from telephones within the present or
<br />future cor°porate limits of said City of Eugene shall be filed with the Fecorder of
<br />the City of ;J'ugene by the grantee, after the end of each fiscal year, beginning
<br />with July and ending with June 30. Such sworn statement shall be filed and such
<br />payments of said tv"~o per cent (2io) shall be made on or before the fifteentu day
<br />of Se~~.et~tber of each and every year for the fiscal year preceding. ~:ith the
<br />exception that in the ye~:r 1944, payment shall be made only for the period
<br />commencing on August 12, 1943, and ending June 30, 1944. and such 2;~ paym~:nt made
<br />by the grantee as herein provided for, will be acdepted by said City of Eugene
<br />from the grantee in payment of any license, _rivilege or• occupation tax or fee
<br />for revenue or regulation, or• f or• any other purpose now or hereafter to be
<br />imposed by said City of Eugene upon the grantee during the term of this franchise.
<br />If the grantee accepts this franchise and tnGkes said two per cent (2%) payment
<br />as herein provided for, then staid City of Eugene vaill not, during the term of this
<br />franchise, r•equ re the grantee to make any f ur•ther• payment to said City of Eugene
<br />for any license, privilege or occupatinal tax or fee.
<br />Uection 12. The rights, privileges ar~d franchises herein granted shall
<br />continue and be irl force for° a pez°i d of 10 years from and after August 12, 1943;
<br />and the said grantee shall, within 3G days from the passage of this ordinance,
<br />file with the City Recorder of tree City of Eugene its written acceptance of all
<br />of the terms and conditions of this ordinance.
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