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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 City 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 of the 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 proposed amendments to Rule R-7.302 and the Utility and Right-of-Wa_y 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 />opening 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 />administrative rules. <br />C. Notice of the proposed amendments was 'published in the Register-Guard for five <br />consecutive days, 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 for a period of 30 days from the first date of publication. <br />D. Written comments were received from two utility providers, Advanced Te1Com <br />Group, Inc. (ATG), afacility-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 />exceptions to the mandatory limitation on cutting or trenching of relatively new streets <br />paving should be recognized for (1) existing utility location when installing a new facility <br />by tunneling, boring or pushing: or (2) to provide necessary utility service to a property <br />AdminlStTatlVe Order - 1 r:\adminord\rufes\OOrowrl2ao.wpd(09/13/00) <br />