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CITY ATTORNEY — CIVIL DEPARTMENT <br /> franchisee. <br /> Because EWEB and MWMC are not franchisees of the City, there <br /> have been other agreements reached with those organizations. <br /> Attached to this memorandum is a 1978 and 1979 agreement between <br /> the City Manager and the EWEB manager regarding construction in <br /> the right -of -way and damage to either organizations' facilities. <br /> Likewise, the agreements between MWMC and its respective members <br /> (Eugene, Springfield and Lane County) about responsibility for <br /> injury /damage done by the crews performing the work indicate the <br /> agency whose crew does the work carries the liability and will <br /> indemnify the other member agencies. <br /> We have reviewed this history so that your office is aware of <br /> the reasons for the permit legislation and the history of existing <br /> agreements. <br /> ANALYSIS <br /> Having established the procedure for issuing permits, if the <br /> City negligently performs or fails to require a permitee perform <br /> all that is mandated within the City Code, there is a risk of <br /> liability similar to that incurred by the City in Brennen v. City <br /> of Eugene, 285 Or 401, 591 P2d 719 (1979). Mere failure to <br /> perform the ordinance standard may not automatically create <br /> liability because the Courts assess the reasonable foreseeability <br /> of the harm the plaintiff sustains. The presence of the code <br /> obligation does, however, create this risk. <br /> Given the amount of hardware that is underground in City <br /> 5 <br />