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CITY OF EUGENE <br /> INTER - DEPARTMENTAL MEMORANDUM <br /> CITY ATTORNEY — CIVIL DEPARTMENT <br /> Cathy Joseph 10/30/87 <br /> To: Risk Management Date: <br /> Permits for Use of the Public Way: Liability Exposure <br /> Subject: <br /> QUESTION <br /> You have requested our review of any risk the City has <br /> because of the issuing permits for the use of the public way <br /> (Permit). These Permits are issued to municipal utilities (EWEB <br /> and MWMC), franchisees (private utility companies and cable <br /> company), and private parties (Northwest Christian College, Santa <br /> Clara Square, etc.). <br /> SUMMARY <br /> The 1986 changes to Chapter 7 of the Eugene Code regarding <br /> permits for work affecting the public way (§ §7.290 et seq) have <br /> not significantly increased the City's risk exposure. In fact it <br /> may have clarified and helped the City shift liability to the <br /> permitees. <br /> Any claims between the City Council and EWEB or franchisees <br /> must be assessed factually in light of recent Oregon Supreme Court <br /> decisions and some historic interorganizational agreements <br /> (attached). As a general premise, anytime City crews do work in <br /> the public way without calling for a locate and then damage <br /> someone's underground facilities there is high risk of liability. <br />