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276 <br /> <br />shall improve the portion of said street last above described with hard sur- <br />faced pavement similar in character and equally as good as that placed by the <br />City on said adjacent portions of said street, all of the foregoing to be under <br />~ - <br />the supervision and to the satisfaction of the City Engineer. <br />I <br />~ Section 4. -The .Common Council reserves the right to regulate the mov- <br />j ing of cars across $aid track where .the same crosses said street so as not to <br />obstruct or interfere with travel upon.the same. <br />~ Section 5. The privileges, rights and franchises herein granted are <br />f upon the condition that the SOUTHERN PACIFIC COM?~A?vY, its successors, lessees <br />I <br />I and assigns shall within thirty days from the date this ordina2oee becomes <br />i <br />~ effective, file with the City Recorder a written acceptance of its provisions. <br />r <br />Section 6. Inasmuch as there is no gross income from the use of said <br />spur track, no provision is made for compensation. <br />Section 7. It is a condition of this franchise that in case the City <br />of Eugene shall acquire this utility or any utility embracing this utility, by <br />~ purchase, condemnation or otherwise, the price to be paid by the City shall <br />exclude the value of any franchise or any prerogative of sovereignty granted by <br />1 the City and connected with such public utility. <br />Passed by the Common Council this <br />1st. day of Ma.Y 1944 <br />/s/ John Fields <br />City Reeorder~pro tem <br />Approved by the Mayor, this <br />2nd day of May 1944 <br />/s/ Elisha Large <br />Mayor <br /> <br />i <br />