~. ; - <br />ADMINISTRATIVE ORDER NO. 58-97-21-F <br />of the <br />City Manager of the Ciity of-Eugene <br />AMENDMENT AND ADOPTION OF <br />CONSTRUCTION WITHIN AND USE OF THE PUBLIC WAY <br />EMERGENCY RULE R-7.302 AS A PERMANENT RULE <br />AND REPEAL OF ADMINISTRATIVE ORDER NO. 58-97=08. <br />The City Manager of the City of Eugene finds that: <br />~' <br />2 <br />._ <br />,. <br />A. Pursuant to the authority of Section 2.019(5) of the Eugene Code, 1971, on <br />June 5, 1997 the City Manager issued Administrative Order No. 58-97-08 adopting <br />Construction Within and Use of the Public Way Emergency Rule R-7.302. <br />B. In .accordance with the procedures set forth therein, on November 4, 1997 <br />I issued Administrative Order No. 58-97-21 proposing the amendment of Rule R-7.302 to: <br />(a) add a definition for "conduit" and amend the definition of "street segment" in R-7.302-B; <br />(b) revise the notice requirements in R-7.302-C to clarify the purpose and intent of <br />notification and requiring providers to establish the timing and format of the notice with <br />evaluation and monitoring by the City; (c) revise R-7.302-D-1 by adding "pay telephones" <br />and "associated poles or support structures" to the non-applicable facilities, revise the <br />location standards in R-7.302-D-2; (d) add a provision to R-7.302-E-3 that requires the City <br />Engineer, with input from providers to complete a standards development process prior to <br />imposing permit conditions relating to standards for conduit size, capacity to•be installed, <br />or the provision of extra capacity; (e) deleting the performance bond or security deposit <br />requirements of R-7.302-H-2 for issuance of annual. blanket permits; and the adoption of <br />Construction Within and Use of the Public Way Emergency Rule R-7.302, as amended <br />therein, as a permanent rule, all as set forth in the Notice of Intended Rulemaking. <br />C. Notice was provided to the Mayor and City Councilors, persons who had <br />requested notice, 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, 11, 12, 13, and 14, 1997, and made available for inspection by interested <br />persons at the City's Public Works Department, 858 Pearl Street, Fourth Floor, Eugene, <br />Oregon 97401 during normal business hours (9:00 a.m. to 5:00 p.m., Monday through <br />Friday, exclusive of holidays). <br />D. The Notice provided that interested persons could submit written comments <br />thereon for a period of 30 days from the first date of publication. Written comments were <br />received from Electric Lightwave, Incorporated, and the University of Oregon, to which I <br />make the specific findings set forth in Exhibit C hereto. <br />Administrative Order - 1 <br />02/10/98 <br />