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designated. Provided, however, that no switching of trains or cars shall be <br />permitted on the streets of the City of Eugene other than to permit the plac- <br />ing of cars at warehouses or other loading places. And provided, further, <br />that all of the equipment shall be maintained in a reasonably good state of <br />repair, properly painted, and that no poles shall be supported by stubs. <br />Section 2. That there be and is hereby granted to said BURLINGTON <br />NORTHERN RAILROAD COMPANY, its successors and assigns, the right to maintain <br />and operate cars aver all private tracks and private property now occupied by <br />it. <br />Section 3. Said BURLINGTON NORTHERN RAILROAD COMPANY, its successors <br />and assigns, shall have the right to do all necessary excavating or grading <br />for the repair and maintenance of said streets and all portions of said <br />streets so excavated or graded must be replaced in as near the original con- <br />di ti an as practicable, and said company, its successors and assigns, shat l , <br />during the term of this franchise, keep the portions of said streets upon <br />which tracks are maintained, in as good condition and repair as the remainder <br />of said street is maintained and to uniform street grade, for the whole width <br />of said right-af-way between the rails of each track, and for the width of <br />two feet on the outside of the rails of each track, and in case such streets <br />shall be improved by the said city, the cost of improving the portions of <br />said streets last above described sha11 be borne by the BURLINGTON NORTHERN <br />RAILROAD COMPANY. <br />Section 4. The motive power employed for operating cars and locomotives <br />upon such tracks shall be diesel or diesel -electric. <br />Section S. The rate of speed of all cars sha11 not exceed twenty miles <br />per hour between grade crossings within the limits of the City of Eugene, and <br />