(2) All cities retain the right to grant the privilege to open the surface of any such street or road, but all damage occasioned thereby shall promptly be repaired by the city, either itself or at its direction, and the responsibility for the cost thereof shall be upon the city permitting the opening.
(3) Cities retain the exclusive right to grant franchises over, beneath and upon any such street or road, and to control and regulate such franchises and the utilization thereof, but the department may utilize any storm sewers thereon or thereunder without cost or charge therefor by the city.
(4) Nothing contained in ORS chapter 366 and ORS 105.760, 373.010, 373.015, 373.030 and this section, relieves any public utility or telecommunications utility from the maintenance and repair of any street or portion thereof or the performance of any other obligation required under any franchise granted to it by any city. [Amended by 1979 c.186 §14; 1987 c.447 §121; 1995 c.79 §202]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 373 - Roads and Highways Through Cities
Section 373.010 - Routing and marking state highways through cities.
Section 373.030 - Construction and maintenance of streets; consent of city for grade change.
Section 373.050 - Closing streets that intersect with state highways routed through city.
Section 373.060 - State liable for street closing damages; proceedings on cause of action.
Section 373.110 - Connecting county road to state highway by road through city.
Section 373.210 - Improvement of through highways by certain cities.
Section 373.250 - Use of city road fund.
Section 373.270 - Transferring jurisdiction over county roads within cities.
Section 373.310 - Myrtle Point given jurisdiction over certain county roads declared streets.
Section 373.330 - City of Gresham given jurisdiction of certain county roads declared city streets.