24-18 Enact Sec. 131.03 Franchises to Reflect 3rd Amended Charter

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Referred to Rules & Ordinances 3/19/18; Second reading 4/2/18; Recommended for adoption by Rules & Ordinances 6/4/18 Anderson, Bullock, George, Litton ORDINANCE NO. 24 -18 BY: O'Leary, O'Malley, Rader AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Section 131.03, Franchises, of the Codified Ordinances of the City of Lakewood in order to codify certain provisions with respect to the grant of franchises in the city. WHEREAS, on November 7, 2017, the citizens of Lakewood adopted the proposed Third Amended Charter of the City of Lakewood; and WHEREAS, the Third Amended Charter does not carry forward the provisions found in Article XVIII of the Second Amended Charter related to franchises, which are rarely granted by Ohio municipalities; and WHEREAS, this Council has determined that these franchise provisions shall be estab- lished in the Code as a matter of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordi- nance is an emergency measure and that it shall take effect immediately, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that the new charter became effective upon the official certification of the November 7, 2017 election in the city; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. New Section 131.03, Franchises, shall be enacted to read as follows: 131.03. FRANCHISES. (a) Grant. Council may grant permission to any individual, company or corpora- tion to construct and operate a public utility in the streets and public grounds of the City. It may prescribe the kind and quality of service or the product to be famished, the rate or rates to be charged therefor, and any terms and conditions