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Attorney, POS Director
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Attorney, POS Director
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Last modified
7/10/2014 11:04:04 AM
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7/10/2014 11:03:58 AM
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PW_Operating
PW_Document_Type_ Operating
Correspondence
PW_Division
Parks and Open Space
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CITY ATTORNEY — CIVIL DEPARTMENT <br /> require long -term repair of the excavation after it has been <br /> completed (Eugene Code Section 7.308 and former Section 7.310 <br /> through 7.325). Other reasons for requiring the permit include <br /> notifying the City of potential closure of streets so that <br /> emergency vehicles modify response routes and that the City can <br /> regulate the frequency of cutting a new City street with its <br /> attendant degredation of the life of the public investment in <br /> constructing the street. <br /> The public utilities and the City for years have participated <br /> in a private coordination service. To our knowledge the City has <br /> never taken upon itself the responsibility of advising permit <br /> holders and those who have facilities in the public way of the <br /> location of anything other than the City owned facilities. The <br /> practice through the coordinating service is to timely notify all <br /> concerned of a pending street opening. Upon notification anyone <br /> with facilities is to identify their location in the vicinity of <br /> the street cut. We understand the common practice is that i:n the <br /> event someone fails to mark their location in a timely way, the <br /> person bears the expense of any damage done to its facilities by <br /> the permitee.-..If, however, the person locates their facilities <br /> and the permitee damages the facilities, the permitee is held <br /> responsible. <br /> Some of this behavior is required by the City in its fran- <br /> chises for the use of the public way. These franchises should be <br /> consulted if there is a claim involving the facilities of a <br /> 4 <br />
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