<br /> ~ + <br /> ~ ADMINISTRATIVE ORDER NO. 58-97-21-F <br /> of the <br /> City Manager of the City of Eugene <br /> AMENDMENT AND ADOPTION OF <br /> C~O~VSTRUCTION WITHIN AND USE OF THE PUBLIC WAY <br /> ' E~VIERGENCY RULE R-7.302 AS A PERMANENT RULE <br /> NQ REPEAL OF ADMINISTRATIVE ORDER NO. 58-97-08. <br /> The Ci y anager of the City of Eugene finds that: <br /> A. urj<SUant to the authority of Section 2.019(5) of the Eugene Code, 1971, on <br /> une 5, 1997 the City Manager issued Administrative Order No. 58-97-08 adopting <br /> onstruction iti~in and Use of the Public Way Emergency Rule R-7.302. <br /> B. I 'ccordance with the procedures set forth therein, on November 4, 1997 <br /> issued Admi ist ative Order No. 58-97-21 proposing the amendment of Rule R-7.302 to: <br /> a) add a defin do for "conduit" and amend the definition of "street segment" in R-7.302-B; <br /> b) revise th notice requirements in R-7.302-C to clarify the purpose and intent of <br /> otification a d requiring providers to establish the timing and format of the notice with <br /> valuation an mionitoring by the City; (c) revise R-7.302-D-1 by adding "pay telephones" <br /> ' nd "associat d ;poles or support structures" to the non-applicable facilities, revise the <br /> ocation stand rd in R-7.302-D-2; (d) add a provision to R-7.302-E-3 that requires the City <br /> Engineer, with in ut from providers to complete a standards development process prior to <br /> imposing per it onditions relating to standards for conduit size, capacity to•be installed, <br /> or the provisi n pf extra capacity; (e) deleting the performance bond or security deposit <br /> requirements f F~-7.302-H-2 for issuance of annual blanket permits; and the adoption of <br /> Construction i~~hin and Use of the Public Way Emergency Rufe R-7.302, as amended <br /> therein, as a er~nanent rule, all as set forth in the Notice of intended Rulemaking. <br /> C. office was provided to the Mayor and City Councilors, persons who had <br /> requested noti e~ utility and telecommunication providers, published in the Register Guard, <br /> a newspaper of',general circulation within the City for five consecutive days, to-wit, on <br /> November 10, 1 ~ , 12, 13, and 14, 1997, and made available for inspection by interested <br /> persons at th Clity's Public Works Department, 858 Pearl Street, Fourth Floor, Eugene, <br /> Oregon 9740 uring normal business hours (9:00 a.m. to 5:00 p.m., Monday through <br /> Friday, excfu iv~ of holidays). <br /> D. h~ Notice provided that interested persons could submit written comments <br /> thereon fora erjod of 30 days from the first date of publication. Written comments were <br /> received fro Electric l_ightwave, Incorporated, and the University of Oregon, to which I <br /> make the spe ific findings set forth in Exhibit C hereto. <br /> Administrativ Olyder - 1 02/10/98 <br /> I <br /> i <br /> <br />