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Ordinance No. 20170
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Ordinance No. 20170
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Last modified
6/10/2010 3:49:33 PM
Creation date
1/14/2009 2:47:37 PM
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Council Ordinances
CMO_Document_Number
20170
Document_Title
Granting to NW Natural Gas, a twenty year non-exclusive right & franchise to lay, maintain & operate facilties in the public way within the C of E; providing for payment of compensation to the city; & repealing Ord. #18489 (app'd 9/3/79).
Adopted_Date
10/11/1999
Approved Date
10/11/1999
CMO_Effective_Date
11/11/1999
Signer
James D. Torrey
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adjacent territory by purchase, condemnation, or otherwise, the price to be paid by City <br />shall exclude the value of thefranchise orother prerogatives of sovereigntygranted by City <br />and connected with property of Campany in the City. <br />Section 14. Abandonment. <br />Company shall at all times maintain all of its facilities in a good state of repair, and <br />shall subscribe to a utility notifcation and locate service. if Company ceases to make use <br />of its facilities in the public way for the purposes authorized by this franchise ordinance for <br />a continuous period of six months or more, with no intention of using those facilities in that <br />location in the future, the facilities shall be deemed abandoned; no facilities shall be <br />considered abandoned if they are reserved for future use. if facilities have been in the <br />public way for more than one year without being used, they shall be presumed to be <br />abandoned unless Company provides to City objective evidence of Company's intent to <br />use the facilities within the next year. Company shall maintain records of all abandoned <br />facilities and, upon receipt of a locate request, shall locate thaw facilities, labelling them <br />as abandoned. Upon 60 days written notice to Campany at the address indicated in its <br />acceptance of this ordinance, City may require Company to remove abandoned facilities <br />and restore the public way, at Company's sole cost and expense. if Company fails to <br />remove the facilities and restore the public way within the 60-day period, City may, at its <br />option and in its sole discretion, remove the facilities from the public way and require <br />Company to pay forthe full cost of removal and restoration of the public way. if Company <br />removes the facilities from the public way but fails to restore the public way to its prior <br />condition, City may complete the repairs and bill Company for the full cost thereof. <br />Section ~ 5. Acce Lance b Com an . <br />This Ordinance shall take effect thirty days after its adoption by the Council and <br />approval ~ by the Mayor, provided that prior to the expiration of those thirty days, Company <br />fles with City's Finance ~ffcer its written acceptance of this ordinance and the obligations <br />it imposes. If no such acceptance is filed, this Ordinance shat! become null and void. <br />Section ~ fi. Re eal of Ordinance 15489. <br />From and after the effective date of this ordinance, ordinance ~ 8489 of the City of <br />Eugene, passed by the Council on August 2l, ~ 919, and approved by the Mayor <br />September 3,1919, shall be, and the same is hereby repealed. <br />Passed by the City Council this <br />day of Qc. Lod Pr , 1999 <br />-- /O~- /~ <br />City Recor er <br />Approved by the Mayor this <br />day of ~~~_, 1999 <br />Mayor <br />Ordinance - 5 <br />
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