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<br />~~3 <br /> <br />1 ORDINANCE N0. 8965 <br />An Ordinance repealing Ordinance No. 1091 passed by the Common Council <br />~i of the City of Eugene, Oregon, on the 6th day of March, 1911, ~ and approved by the <br />j, 14Tayor on the 16th day of March, 1911.. <br />yYfIEREAS, The City of Eugene heretofore and on flsarch 21, 1911, by <br />Ordinance Teo. 1091 aforesaid granted unto Frank L. Chambers, his heirs and assigns, <br />'~ the right and privilege to construct and maintain a railroad track and to operate <br />cars thereon, over and across certain streets and al~.eys witYcin the City of Eugene, <br />and the said Frank L. Chambers and his assigns thereupon. constructed aprivate <br />spur track and Have continuously since and now are maintaining a private spur track <br />~ and operating cars fcr the transportation of freight thereon, and over and across <br />~' <br />said streets and alleys as granted in said Ordinance; and <br />`dYHERF,AS, said Ordinance contained the provision and condition as follows; <br />-'Sec. 2. The right herein granted is upon the condition <br />that said streets and alleys be kept open for traffic and +.hat <br />they shall not be blockaded an unreasonable time ."; and <br />~ ~'IT-~REAS, the construction of a public arterial highway over and across <br />~+ said streets and alle~Ts within said City of Eugene, and particularly across certain <br />~~ <br />!I streets and alleys upon which the aforesaid spur track is now maintained under and <br />~~ pursuant to Ordinance No. 1091 as aforesaid is imminent; and <br />MHEREAS, the continued use and maintenance of the aforesaid spur track or <br />1 <br />'any railroad and the operation of. cars thereon under and pursuant to Ordinance No. <br />r <br />~~ 1091 as aforesaid will jeopardize the public safety and unreasonably restrict the <br />`; use of said streets and alleys by the p~ablic and is other~~rise against the public <br />good and welfare. <br />THE CITY OF EUGEI~TE DOES ORDAIN AS FOLLO~J,S: <br />Section 1. That Ordinance T1o. 1091 entit~d: <br />"An Ordinance granting to Frank L.. Chambers the <br />right to construct and maintain a railroad track across <br />certain streets and alleys in the City of Eugene.' <br />passed by the Common Council of the City of Eugene en the 5th day of ~4arch 1911 and <br />approved by the Mayor on the 16th day of Itlarch, 1911, be arzd the same is hereby re- <br />pealed, and all. rights and privileges granted thereunder are revoked. <br />~; Section 2. That the ovmer or owners are hereby granted a period of <br />~+ <br />~,~ ninety (90) days from and after the passage of this Ordinance vrithin which to remove <br />II the trackage of the spur track, or any railroads constructed and now maintained <br />I{ <br />under and pursuant to the r~;hts and privileges granted under the aforesaid Ordinance <br />j No. 1091, provided that such removal shall not cause any damage to any street or <br />alley of the said City of Eugene, or that any and all damage caused by such removal <br />