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CITY ATTORNEY — CIVIL DEPARTMENT <br /> authorized by Eugene Code 7.290(3), the City permit prohibits <br /> damaging or cutting certain vegetation in the right -of -way. In <br /> the absence of authority to cut city vegetation, any damage done <br /> ...,.� by a permitee would be recoverable by the City. Some of the <br /> City's franchisees allow the franchisee to trim street trees <br /> without special permission. It is our opinion the City may <br /> recover for such damage just as it may if public fixtures on the <br /> public way are damaged. <br /> How the vegetation limitations affect EWEB is a little more <br /> difficult in light of the existing agreements. Those agreements <br /> reorganize EWEB's right to use the public way. Since EWEB is the <br /> City, it may have an unabridged right to cut street vegetation <br /> regardless of the permit condition. This issue is probably better <br /> addressed in an interorganizational agreement. <br /> If you have questions, we will be pleased to respond. <br /> Very truly yours, <br /> HARRANG, LONG, WATKINSON & ARNOLD, 'P.C. <br /> CITY ATTORNEYS <br /> , 4 7/ e"iXeta*. <br /> A. Keith Martin <br /> AKM:j <br /> Attach. <br /> cc: Christine Anderson, Dir. of Public Works <br /> 9 <br />