Admin Order 58-22-12-F -- Final ROW Rule R-7.302 and Utility Manual

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Administrative Order - Page 1 of 2 ADMINISTRATIVE ORDER NO. 58-22-12-F of the City Manager of the City of Eugene AMENDING AND REPLACING CONSTRUCTION WITHIN AND USE OF THE PUBLIC WAY ADMINISTRATIVE RULE R-7.302 (INCLUDING REPLACEMENT OF THE “UTILITY AND RIGHT-OF-WAY PERMITS CONSTRUCTION WITHIN AND USE OF THE PUBLIC WAY MANUAL”) ADOPTED BY ADMINISTRATIVE ORDER NO. 58-03-19-F. The City Manager of the City of Eugene finds that: A. Section 2.019 of the Eugene Code, 1971, (“EC”) authorizes the City Manager to adopt rules for administration of provisions of the Eugene Code. EC 7.302(6) describes the minimum required provisions to be addressed in the administrative rules issued by the City Manager under that section. B. Pursuant to the above authority, on January 14, 2004, Administrative Order No. 58- 03-19-F was issued adopting the Construction Within and Use of the Public Way Administrative Rule R-7.302 (“the Rule”) and the Utility and Right-of-Way Permits Construction Within and Use of the Public Way Manual (“the Manual”). C. On April 22, 2022, I issued Administrative Order No. 58-22-12 ordering that notice be given of the opportunity to submit written comments on a proposal to amend the Rule and the Manual in order to reflect current Public Works Engineering standards, to clarify public way restoration requirements, and to make the Manual more user-friendly. D. Notice of the proposed amendments to the Rule and Manual was given by making copies of the Notice available to any person who had requested such notice and by publication of the Notice in the Register Guard newspaper on April 25, 26, 27, 28, and 29, 2022, providing interested persons an opportunity to submit comments on the proposed amendments until the end of the day on May 10, 2022. The written comments received during the public comment period are addressed in the City Manager's Findings in Consideration of Written Submissions attached as Exhibit B to this Order. On the basis of these findings, I order that: 1. As of the effective date of this Order, Administrative Rule R-7.302 is amended as set forth below and the “Utility and Right-of-Way Permits Construction Within and Use of the Public Way Manual” is replaced with the “Utility Construction and Use of the Right-of-Way Policies and Procedures Manual” attached as Exhibit A. 2. As of the effective date of this Order, Administrative Order No. 58-03-19-F and the Utility and Right-of-Way Permits Construction Within and Use of the Public Way Manual that is attached to that Order are superseded by this Administrative Order No. 58-22-12-F and the Utility Construction and Use of the Right-of-Way Policies and Procedures Manual attached as Exhibit A.