Ordinance No. 20241 - Laserfiche WebLink

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