HomeMy WebLinkAboutORDINANCE NO. 87752 ~.~_~
ORDINANCE 8775
AN ORDINANCE granting to the Pacific Telephone and Telegraph Company, its
successors and assigns, the right and privilege to do a general telephone and
telegraph business and to place, erect, lay, maintain and operate in, upon and
under the streets, alleys, avenues, thoroughfares and public highways within the
City of Eugene, poles, wires and other appliances and conductors for all telephone,
telegraph and other communication purposes.
THE CITY CF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subject to the provisions and restrictions hereinafter contains
there is hereby granted by the City of Eugene to the Pacific Telephone and Telegrap'~
Company, its successors and assigns, the right and privilege to do a general
telephone and telegraph .business within the City of Eugene and to place, erect;
lay and maintain and operate in upon and under the streets and alleys, avenues,
thoroughfares and public highways within t2ie~said City, poles, wires and other
appliances, and conductors for all telephone, telegraph and other communication
purposes. Such wires and other appliances and conductors may be strung upon
poles or other fixtures above ground or at the option of the grantee, its
successors and assigns, may be laid underground in pipes or conduits or otherwise
protected, and such other apparatus may be used as may be necessary or proper to
operate and maintain the same; provided, however, that no poles or ,other fixtures
shall set on, nor wires strung along VJillamette~Street between the Southern Pacific
Railroad Company's right of way and 16tYi Avenue; nor on nor along Oak Street
between 5th Avenue and 11th Avenue; nor~on nor along Pearl Street between 5th
Avenue and 11th Avenue; nor on nor along Olive Street between 5th Avenue and 13th
Avenue if extended; nor on nor along Charnelton Street between the Southern Pacific
Railroad Company's Right of Way and 13th Avenue; nar on nor along 6th Avenue nor
7th Avenue between Lincoln Street and Pearl Street; nor on nor along 8th Avenue
between Washington Street and Pearl Street; nor on nor along Broadway Street
between Washington Street and Pearl-Street; nor on nor along 10th Avenue between
Lincoln Street and Pearl Street; nor on nor along 11th Avenue between Lincoln
Street between Lincoln Street and Oak Street; but in the-area of the said City of
Eugene within said streets and avenues the poles or other fixtures and wires shall
be confined to the alleys between said streets and avenues, or to underground
conduits, except that throughout the restricted areat defined above aerial crossing
of restricted streets and avenues ahsll be permitted at alley intersection and
shall be constructed by placing the poles or other fixtures carrying such aerial
crossings in the alleys outside of the limits of the Street, and such aerial
crossings will not be constructed as permitting the placing of poles upon these
streets and avenues except that no crossing ab above provided shall be permitted
upon Willamette Street save at the alley between Broadway and 10th Avenue.
Section 2. It shall be lawful for the Said Pacific Telephone and,
Telegraph Company, its successors and assigns, to make all needful excavations
~in any of such streets, alleys, avenues, thoroughfares and public highways in
said City for the purpose of placing, erecting, laying and maintaining poles, or
other supports, or conductors for said wires or repairing, renewing or replacing
the same. Said work shall be done in compliance with the necessary rules, regu-
lations, ordinances or orders which may during the continuance of this franchise
be adapted from time to time by the City of Eugene.
Section 3. Whenever the Pacific Telephone and Telegraph Company, its
successors and assigns, shall disturb any of the streets or alleys of the City
of Eugene for the purpose aforesaid it or they shall restore the same to as good
order and condition as the same were at the time of such disturbance, using the
same kind and quality of material with which the street or alley was originally
improved, and to so repair or restore the same under the direction and to the
satisfaction of the Street Committee of the City of Eugene, and to restore the
same aforesaid, without any unnecessary delay; and failing to do so, the City
of Eugene shall have to right to fig a reasonable time within which such repairs
and restoration cif streets and alleys may be completed and upon failure of such
repairs being made by said Company, its successors and assigns, the City of Eugene
may cause such repairs to be made at the expense of the~Pacific Telephone and
Telegraph Company, its successors and assigns; provided, however, that no hard
surface pavement shall be cut or broken by the Pacific Telephone and Telegraph
Company, its successors and assigns, for the purpose of laying underground
conduits without a permit from the City of Eugene therefor having been first
had and obtained.
Section 4. Nothing in this ordinance shall be construed in any way to
prevent the pr6Per authorities of the City of Eugene from sewering, grading,
planking, rocking, paving, repairing, altering or improving any of the streets,
alleys, avenues, thoroughfares and public highways within the City of Eugene
in or upon which the poles, wires or other conductors of said Company shall be
placed, but all such work or improvements shal'1 be done if possible, so as not to
obstruct or prevent the free use of said poles, wires, conductors, conduits,
piges.or other apparatus.
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Section 5. All of said poles or other structures for the carrying of the wire;
be set and maintained at such places in the streets or alleys and public highways c
the City of Eugene as the City of Eugene may direct; and the City of Eugene may
direct, and the City of Eugene may, whenever any~such-poles or other structures
shall unnecessarily inconvenience the public or property owners, require the
removal or change of location of any such pole or poles..
Section 6. Whenever the Pacific Telephone and Telegraph Company, itsssucce-
ssors and assigns, shall install any new construction of-its telephone and t ele-
graph system in the City of Eugene or shall reconstruct any old construction,
the same shall be placed in the alleys wherever possible.
Section 7. Whenever the said the Pacific Telephone and Telegraph Company
shall assigne this franchise or-the rights and privileges hereby granted, it
shall file with the City Recorder of the City of Eugene a written notice of
such assignment giving the name of the assignee-and until such notice shall
have been filedm the said The Pacific Telephone and Telegraph Company shall
be liable to the City of Eugene to the same extent as though no sale nor assign-
ment of this franchise had been made.
Section 8. This franchise is granted subject to all of the provisions
of the Charter of the City of Eugene.
Section 9. The Pacific Telephone and Telegraph Company, its successors
and assigns, shall at all times keep and maintain aTl~of it spoles, fixtures,
condiuts wires and its entire system in a good state of"repair and shall
indemnify and save harmless the City of Eugene"of and from any and all damages
of any kind or character growing out of or arising by"reason"of the maintenance
of the said telephone and telegraph system in the City of Eugene.
Section 10. Whenever it becomes neces"sary to temporarily rearrahge, remove,
lower or raise the aerial cables or wires or other apparatus of the grantee to
permit the passage of any building, machinery or other object, the said grantee
will perform such rearrangement on seven (7) days written notice "from the person
or persons desiring to move said building, machinery or other objects. Said
notice shall bear the approval of such officials as the Common Council may
designate, shall detail the route of movement~of-the building, machinery;i or
other objects, shall provide that the costs incurres~ by the grantee in making
such aearrangement of its aerial plant will be borner by the persons or persons
giving said notice will indemnify and save said grantee harmless of and from
any and all damages or claims of whatsoever kind or nature caused directly or
indirectly from such temporary rearrangement. of the aerial plant of the grantee.
This section shall not be deemed to conflict with the terms and provisions of
Ordinance 5176 heretof ore passed by the Common Council and approved by the Mayor
of the City of Eugene on December 14, 1925, but is intended to be supplemental
thereto.
Section 11. In consideration of the rights and privileges hereby granted,
the City of Eugene shall have, and the said grantee hereby grants to it, the
right and privilege to place, where aerial construction exists, a f iXtures on
the tops of poles erected and maintained under this franchise to which may be
attached wires, and where underground conduit exists;'the said grantee shall
furnish the said City with one duct in its main underground"system, excluding
pipe or other conduit dips connecting bne pole with another, or two pairs of
wires in its main underground cable, free of charge to said City. to be used
for low tension police and fire alarm purposes; it being understood that it
should be optional with the grantee as to whether two pairs of wires shall be
given or a duct in the underground system; provided, however; that said grantee
shall not be responsible in any manner whatsoever for damages caused by the
failure of said police or fire alarm systems, or any part thereof, to operate;
and the said City of Eugene hereby agrees to hold said grantee harmless of and
from any and all claims, damages or liability of any kind Whatsoever caused
directly or indirectly by the failure of said police or fire alarm systems,
or any parts therof, to operate.
Section 12. In further consideration of the rights, privileges and
franchises hereby granted, the same being in renewal of the rights, privileges,
and franchises heretofore granted to acid grantee~by Ordinance No. 1984 of the
City of Eugene, which Ordinance expired August 12, 1943, said grantee shall pay
to the City of Eugene annually a sum to be arrived at by computing two per cent
(2~) of the gross receipts of the Company, excluding from the computation long
distance tolls, and out of the City telephone service, upon or -.before the 12th
day of August in each year for 20 years, which sum is deemed by_t~he Council such
a, percentage of the gross income of the grantee to secure to the City adequate
service and adequate compensation therefor, and adequate to cover present values
and future developments, and in further consideration of the rights, privileges
and f ranehises hereby granted, the said grantee, its successors and assigns,
shall furnish to the City of Eugene without charge therefor, not to exceed one
individual main line telephone for each fifteen hundred, inhabitants of the City
of Eugene according to the current ~yer~sus, or the equivalent thereof in other
local service measured by the filed and published tarrifs of said grantee, for
shall
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use in the business of the City of Eugene, and these telephones shall be located
at such points within the City of Eugene as the City may Prom time to time
direct, which payments and the furnishing of which telephones shall be in lieu
of all licenses or other charges which might be imposed or required by the City
of Eugene from the Pacific Telephone and Telegraph Company, its successors end
assigns, for the privileges of conducting a telephone and telegraph business in
the City of Eugene as aforesaid.
Section 13. The rights, privile
continue and be in f orce~for the period
12th day of August, 1943, and the said
the passage of this ordinance file with
its written acceptance of all the terms
Passed by the Common Council
of the City of Eugene, this
13th Day of September, 1943.
/s/ ~'ohn Fields
City Recorder Fro Tem
ges and franchises herein granted shall
of twenty (20) years from and after the
grantee shall .within thrity (30) days of
the City ~tecorder of the City of Eugene
and conditions of this ordinance.
Approved by the Mayor of this City
of Eugene, this 15th day of Septem
1943.
/s/ Elisha Large
Mayor