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~I <br /> ADMINISTRATIVE ORDER N0.58-00-13-F <br /> of the <br /> City Manager of the City of Eugene <br /> AMENDING CONSTRUCTION WITHIN <br /> AND USE OF THE PUBLIC WAY RULE R-7.302, AND <br /> REPEAL OF ADMINISTRATIVE ORDER N0.58-97-21-F. <br /> The ity Manager of the City of Eugene finds that: <br /> A. Pursuant to the authority of Section 2.019 of the Eugene Code, 1971, Administrative <br /> Order No. 58 97-21-F was issued on February 25, 1998 amending and adopting Construction Within <br /> and Use oft Public Way Emergency Rule R-7.302 as a permanent rule. <br /> B. Based on the findings set forth in Administrative Order No. 58-00-13 issued on June <br /> 29, 2000 I oposed amendments to Rule R-7.302 and the Utility and Right-of--Way Permits <br /> Construction Within and Use of the Public Way Manual attached as Exhibit A thereto in order to: <br /> (a) Reformat and clarify some provisions; <br /> (b) Clarify and revise the notice requirements with respect to the frequency of <br /> openi g of public ways; <br /> (c) Add provisions relating to temporary surfacing permits; <br /> (d) Revise location standards and other provisions to ensure compatibility with <br /> street tree planting and erosion provisions of the Eugene Code, 1971 and related <br /> admi istrative rules. <br /> C. Notice of the proposed amendments was published in the Register-Guard for five <br /> consecutive ays, to-wit, on July 2, 3, 4, 5 and 6, 2000. The Notice was also made available to <br /> persons who had requested such notice, and provided that written comments would be received <br /> thereon fora eriod of 30 days from the first date of publication. <br /> D. Written comments were received from two utility providers, Advanced Te1Com <br /> Group, Inc. ( TG), a facility-based provider of telecommunication services, and Northwest Natural, <br /> a provider of natural gas service, to which I make the following specific findings: <br /> ATG <br /> Comment 1. With respect to R-7.302-C(1)1.3.1 and 1.3.2, ATG agrees that <br /> exce ions to the mandatory limitation on cutting or trenching of relatively new streets <br /> pavin should be recognized for (1) existing utility location when installing a new facility <br /> by to neling, boring or pushing: or (2) to provide necessary utility service to a property <br /> <br /> ' Administrati e Order - 1 r\adminord\rules\OOrowrl2ao.wpd(09/13/00) <br /> <br />