HomeMy WebLinkAboutORDINANCE NO. 8780ORDIIuTA~~CE B'780
Alv OFDII~;EfT~Ci+~ grantir~~; to The Pacifici Telephone and Telegraph Company, its
successors snd assigns,-tithe z•ight and privilege to do a general telephone and
telegraph business and to r=ace, erect, lay, maintain and operate in, upon and
uricer the streets, alleys, avenues, t~_oroughfar•es and public highv,ays within the
City of Eugene, poles, vaires and other applicances and conductors for all teleph
telegraph and other communication purposes.
1'HE CITY OI' EUC=ET~'E DOES OF~.PAIlIT ~~S FOLLO~'~S:
Section 1. Subject to the provisions and restrictions hereinal:'ter
contained, there is hereby granted by the City of Eugene to The pacific Telephone
and Telegraph Company, its successors ar~d assi~•ns, the right and ~;rivilege to do
a general telephone and telegraph business wit.xin the City of ugene and to place,
erect, lay, r~laintain and operate in, upon and under the streets and alleys,
avenues, thoroughfares and public ghighv„ays within the said City, poles, wires and
other appliances, and conductors for all telephones, telegraph and otirer• communi-
cation purposes. Such wires and other appliances and conductors may be strung
upon poles or other fixtures above ground, or ma•y be laid underground in pipes or•
conduits or• otherwise protected, and such other apparatus rr~ay be used as may be
necessary or• proper to operate and maintain the same; provided, however, that no
poles or other fixtures shall be set on, nor• wires trung along T.''illamette Street
between the Southern Paci_ is F~ailroad Corr_pany's rig~it of way and 16th Avenue;
nor on nor along Oak Street between Styr Avenue and 11th .~wenue, nor on nor• along
Fearl Street betvaeen 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; nor
or nor along 6th Avenue nor '7th Avenue between Lincoln Street and .Pearl Street;
nor on nor• along Broadway Street t~etv~een ti`°ashington Street and i'earl `~tr•eet; nor
on nor alone, 10th lyvenue betvaeen Lincoln Street and Pearl Street; nor ors nor along,
11th Avenue betvaeen Lincoln Street acid Oak Street; but in the area in said City
of Lu~ene vaithin said streets and Uvenues the poles or other fixtures and v:~ires
shall be confined to the_.alleys between said streets grid Uvenues, or to under-
gr•ourid condu ts, except ti.~at thr-oug .out the restricted area defined above, aerial
crossings of restricted streets and avenues sriall be permitted at alley inter-
sections and shall be constructed by ,_~laciilg poles or other fixtures carrying
such aerial crossings in the alleys outside of the lirr~its of tide street, and such
aerial eor•ssings will not be construed as perrrittir~g the placi_ig of poles upon
these streets and avenues e<;cept treat no crossing as above pz•:.~vided shall be
permitted upon 6:illarriette ~'treet save at the alley between Broadway and 10th.
Avenue.
Section 2. It shall be lawful for the said Tine Pacifici Telephone and
Telegraph Cotr~pany, its successors and assigns to rr~ake, all needful excavations in
arly of such streets, alleys, avenues, thoroughfares and public higlwa~ays in said
City.for• the purpose of pl~cin~;, erecting, laying and maintaining poles, or ether
supports, or conductors for• said ~aires, or repairing, re:~7ewing or re},>lacing the
same. Said work shall be done in coinpl.iance vaith the necessary rules, regulations
ordinances or orders which may, during the continuance of this franchise, be
adopted from tirrie to time by the City of Eugene.
Section 3. V"~henever• The Pacific Telephone and Telegraph Company, its
successors grid assigns, shall distr•ub any of the streets or alleys of the City
of Eugene for• the purpose aforesaid it or ~ihey sarill restore the same to as good
order and condition as the same were at the time of suci~ disturbance, using the
Uairle kind and eyulaity of material v:ith which the street or alley was originally
imrpoved, and to so z•epair or r•e:=tore the same under t~~e direction of and to the
satisfaction of the Cor;rrnon Council of the City of rugene, and to restore the same
aforesaid without any unnecessary delay; and fail'ng to do so,. the City of Eugene
shall have the right to fix a z•easorlable time within ~-hich such repairs and
restoration fSf streets arld alleys rrray be com.~.leted Und upon failure of such repai
being made by said C ~mpany, its successors and assi~;rls, the City of Eugene may
cause such repairs to be made at the experl~e of the ~'acific Telephone and Telegra
Company, its successors and assi~•ns, provided, however, tliUt no hard surface
pavement shall ' e cut or street bor•ken by The Pacific Telephone and Telegraph
Company, it successors and. assigns without a perrr~it from the City of Eugene
therefor having been first had and obtained.
Section 4. I~?othing in this ordinance shall be construed in any way
to prevent the proper authorities of the City of Eugene from severing, grading,
planking, rocking, paving, repairing, altering, or improving any of the streets,
alleys, avenues, thoroughfares and public hi~;hvca,y-s within the City of Eugene in
or upon which the poles, wires, or oti_er conductors of said Company shall be
placed, but all such work or iinpr•overr.ents shall be done if possible so as not to
obstruct or pr•everit the free use of said poles, wires, conductors, conduits,
pipes or other apparatus.
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Section 5. All• off' said polr.s or other structures for. the carr7ing of
trte v~ires shall be set and maintained at such places in the streets and alleys
and public highways of trte City of Eugene as the City of Eugene stay direct, and
the City of, Eugene may,' whenever any such poles or other structures shall un-
necessarily inconveninece the pub;_ic or property owners, require the removal
or change .of location of ar~y such pole or poles.
Section 6. ~':henever The Pacific Telel-~tone and Telegraph Company, its
successors and assigns, shall install any new construction of its telephone and
telegraph system. in the City of Eugene or shall reconstruct «ny old construction,
1'the same shall be placed in the alleys ~vherever• possible.
Section 7. Vhenever The said The Pacific Telephone and Telegraph
Company shall assign this granchise or- the rights and privileges hereby granted,
it sYlall file with the City Recorder of the City of Eugene, a written notice of
such assig.mer~t, giving the name of the assignee and until such notice shall have
been filed, the said The Pacific Telephone and Telegraph Company shall be liable
to the City of Eugene to the sarrie extent a~ though no sale nor assignment 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 time keep and maint:=in all of its poles, fixtures,
conduits, wires end its entire system iri a good state of repair and shall indemnify
atld save h~:rrnless the City of Eugene of and from any and all d<~ma~;es of anyrind ~,
of char•acter• growing out of or arising by reason of the maintenance of the said ~i
telephone and telegraph system in the City of Eugene. ~
Section 10. ti~uhenever it becomes necessary to temporarily rearrange,
remove, lower or raise the aerial cables or v~.~ir•es or other apparatus of the
grantee, to perrai.t the passa~,e of any building; machinery or other object, the
said grantee vai 1 perform such rearrangement on seven (7) days' written notice
from the_per•son or persons desiring to move s~~id building, machinery or other
object, said notice shall bear the approval of such officials as the Common
Co.~ncil may designate,, shall detail the route of movement of the building, machine:
or• other objects, shall provide that the costs incurred by the grantee in making
such rearr•nagffirnent of its aerial plant will be borne by the person or persons
diving siad notice and shall further provide that tyre person or persons giving
said notice shall indemnify and save harmless said grantee of and from any and all
damages or• claims whatsoever 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 artd provisions of Ordinance 5176 heretofore
passed by the Common Council and approved by the TJlayor of the City of Eugene
on December 14, 1925, but is intended to be supplemental thereto.
Section 11. In consideration of the rigYtts, privileges, and franchise
hereby grunted (this ordinance dating from August 12, 1943, being the expiration
date of the former franchise granted by Ordinance Teo. 1984 of the City of Eugene)
said grantee shall pay to said Gity of Eugene annually: two per cent (20) of the
gross local service receipts of the grantee from telephones within the present or
future corporate limits of the said City of Eugene, and a sv:orn statement of the
gross local service receipts of the grantee from telephones within the present or
future cor°porate limits of said City of Eugene shall be filed with the Fecorder of
the City of ;J'ugene by the grantee, after the end of each fiscal year, beginning
with July and ending with June 30. Such sworn statement shall be filed and such
payments of said tv"~o per cent (2io) shall be made on or before the fifteentu day
of Se~~.et~tber of each and every year for the fiscal year preceding. ~:ith the
exception that in the ye~:r 1944, payment shall be made only for the period
commencing on August 12, 1943, and ending June 30, 1944. and such 2;~ paym~:nt made
by the grantee as herein provided for, will be acdepted by said City of Eugene
from the grantee in payment of any license, _rivilege or• occupation tax or fee
for revenue or regulation, or• f or• any other purpose now or hereafter to be
imposed by said City of Eugene upon the grantee during the term of this franchise.
If the grantee accepts this franchise and tnGkes said two per cent (2%) payment
as herein provided for, then staid City of Eugene vaill not, during the term of this
franchise, r•equ re the grantee to make any f ur•ther• payment to said City of Eugene
for any license, privilege or occupatinal tax or fee.
Uection 12. The rights, privileges ar~d franchises herein granted shall
continue and be irl force for° a pez°i d of 10 years from and after August 12, 1943;
and the said grantee shall, within 3G days from the passage of this ordinance,
file with the City Recorder of tree City of Eugene its written acceptance of all
of the terms and conditions of this ordinance.
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:~ecti ~n 13. ordinance I~To. 8775 is hereby repealed.
Passed by the Cori~rnon Council Approved by the Mayor of the City
of the City of Eugene .this of Eugene this 3r•d day of January, 15
27th day of December, 1943.
/s/ John Fields /s/ Elisha Large
Recorder Pro Teri T4layor
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