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ORDINANCE NO. 20241 <br /> <br />AN O~INANCE GRANTING TO THE BUI~INGTON <br />NORTHEP~d AND SANTA FE RAIL~TA¥ COM?ANY A NON- <br />EXCLUSIVE FRANCHISE TO USE THE PUBLIC WAY TO <br />CONSTRUCT AND MAINTAIN P~VATE COMMERCIAL <br />FACILITIES WITHIN THE CITY OF EUGENE. <br /> <br />mean: <br /> <br />THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: <br /> <br />Section 1. Definitions. As used in this Ordinance, the following words and phrases <br /> <br /> ~ky. The City of Eugene, Oregon. <br /> <br /> Ci . The City Manager of the City or his or her designee. <br /> <br /> Facilities. All tracks and associated structures located in the public way specified in <br /> <br />Section 2 of this Franchise that are owned by Grantee for use by Grantee in providing rail services° <br /> Grantee. The Burlington Northern and Santa Fe Railway Company, a Delaware <br /> corporation, and its successors and assigns. <br /> <br /> Public wa2~. Any street, road, alley, right-of-way, pedestrian or bicycle easeraent or <br />ufilky easement for public use that is controlled by City. <br /> <br /> Section 2. Use of Public Wasi. Subject to the provisions and restrictions of this <br />Ordinance, the Eugene Code, 1971, and the applicable provisions of the Interstate Commerce <br />Corr~m~ssion Ten~ination Act of 1995 and other federal laws, rules and regulations as amended or <br />replaced, City ~ants to Grantee the non-exclusive privilege to lay, construct, and maintain its present <br />tracks and its present facilities, and to operate trains and cars thereover, and to transport passengers, <br />fi~eight and other materials upon the following named streets and places in the City: <br /> <br /> Across all intervening streets southerly and easterty of the intersection of the right-of: <br /> way of Grantee and the northern city limks oft he City, and extending southeasterly <br /> to the easterly l~ne of the intersection of Grant Street and 5~h Avenue, including the <br /> crossings of Grant Street, Garfield Street, Roosevelt Boulevard, Side Street, Bethel <br /> Drive and Prairie Roa& <br /> <br />Grantee agrees that, except in unusual circumstances such as equipment failures, it will not svdtch <br /> <br />Ordinance- 1 <br /> <br /> <br />