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HomeMy WebLinkAboutORDINANCE NO. 8965 ~~3 1 ORDINANCE N0. 8965 An Ordinance repealing Ordinance No. 1091 passed by the Common Council ~i of the City of Eugene, Oregon, on the 6th day of March, 1911, ~ and approved by the j, 14Tayor on the 16th day of March, 1911.. yYfIEREAS, The City of Eugene heretofore and on flsarch 21, 1911, by Ordinance Teo. 1091 aforesaid granted unto Frank L. Chambers, his heirs and assigns, '~ the right and privilege to construct and maintain a railroad track and to operate cars thereon, over and across certain streets and al~.eys witYcin the City of Eugene, and the said Frank L. Chambers and his assigns thereupon. constructed aprivate spur track and Have continuously since and now are maintaining a private spur track ~ and operating cars fcr the transportation of freight thereon, and over and across ~' said streets and alleys as granted in said Ordinance; and `dYHERF,AS, said Ordinance contained the provision and condition as follows; -'Sec. 2. The right herein granted is upon the condition that said streets and alleys be kept open for traffic and +.hat they shall not be blockaded an unreasonable time ."; and ~ ~'IT-~REAS, the construction of a public arterial highway over and across ~+ said streets and alle~Ts within said City of Eugene, and particularly across certain ~~ !I streets and alleys upon which the aforesaid spur track is now maintained under and ~~ pursuant to Ordinance No. 1091 as aforesaid is imminent; and MHEREAS, the continued use and maintenance of the aforesaid spur track or 1 'any railroad and the operation of. cars thereon under and pursuant to Ordinance No. r ~~ 1091 as aforesaid will jeopardize the public safety and unreasonably restrict the `; use of said streets and alleys by the p~ablic and is other~~rise against the public good and welfare. THE CITY OF EUGEI~TE DOES ORDAIN AS FOLLO~J,S: Section 1. That Ordinance T1o. 1091 entit~d: "An Ordinance granting to Frank L.. Chambers the right to construct and maintain a railroad track across certain streets and alleys in the City of Eugene.' passed by the Common Council of the City of Eugene en the 5th day of ~4arch 1911 and approved by the Mayor on the 16th day of Itlarch, 1911, be arzd the same is hereby re- pealed, and all. rights and privileges granted thereunder are revoked. ~; Section 2. That the ovmer or owners are hereby granted a period of ~+ ~,~ ninety (90) days from and after the passage of this Ordinance vrithin which to remove II the trackage of the spur track, or any railroads constructed and now maintained I{ under and pursuant to the r~;hts and privileges granted under the aforesaid Ordinance j No. 1091, provided that such removal shall not cause any damage to any street or alley of the said City of Eugene, or that any and all damage caused by such removal ~~ ~~4 shall be forthwith repaired without expense to the City of Eugene and in full compli- ance with directions and specifications for such repair issued by the City Engineer of the City of Eugene . Fassed by the Common Council Approved by the Mayor this this lath day of Au~-ust, 19l~6, ll;th day of August, 191;6. /s/ John Fields /s/ Earl L. T.gcP~lutt City Recorder Pgayor