2007-155 Ordinance - Laserfiche WebLink

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? CITY OF NORTH OLMSTED ORDINANCE NO. 2007 - 155 BY: Mayor O'Grady AN ORDINANCE AMENDING SECTIONS 901.01 AND 901.02 OF CHAPTER 901 (EXCAVATIONS) OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE, RESPECTIVELY ENTITLED "PERMIT REQUIRED; FEE AND APPLICATION" AND "ISSUANCE REQUIREMENTS" IN ORDER TO REGULATE RIGHT-OF-WAY EXCA VA TIONS B Y PRIVATE CONTRACTORS NOT AFFILIATED WITH PUBLIC UTILITIES OR COMMUNICATION COMPANIES, AND DECLARING AN EMERGENCY. WHEREAS, Council is considering the adoption of Ord. No. 2007-124 in order to establish a new Chapter 902, a comprehensive right of way management program pursuant to Revised Code Chapter 4939, to provide for the health, safety and welfare of citizens in the occupancy and use of public ways by public utilities and communication companies, as well as contractors on their behalf; and WHEREAS, Chapter 901 and other provisions of Part Nine govern and will continue to govern excavations and other activities by private contractors, not affiliated with or acting on behalf of public utilities and communication companies; and WHEREAS, it is the desire of this Council to amend Sections 901.01 and 901.02 for continued application to private contractors entering the right of way and to remove any inconsistency with new Chapter 902 as it relates to public utilities and communication companies. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Sections 901.01 and 901.02 of Chapter 901 (Excavations) of the Streets, Utilities and Public Services Code, which presently read as follows: 901.01 PERMIT REQUIRED; FEE AND APPLICATION. (a) No person shall make any opening in any street, boulevard, avenue or public place in the City until such person has filed with the City Engineering Division a written or printed application setting forth and indicating there the location, kind and extent of the pavement desired to be removed, and the number, purpose and size of openings or excavations which are desired or necessary. The applicant other than a public utility company shall pay a pennit fee to the City in the amount of fifty dollars ($50.00) to the General Fund before the permit is issued and shall deposit with the City an additional amount as specified in subsection (c) hereof to cover the cost of repairing or relaying and also the cost of materials needed for repairing ar relaying the treelawn, roadway or paving removed or damaged as a result of work done on or under the streets and public rights of way of the City, and for the cost of inspection and general supervision, as shall be performed by the Engineering Division of the City. The contractor performing the street opening or any portion of the work must be registered with the Building Department.