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? <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2007 - 133 <br />By: Council Members Gareau and Dailey-Jones <br />AN ORDINANCE AMENDING SECTIONS 901.04 AND 901.05 OF <br />CHAPTER 901 (EXCAVATIONS) OF THE STREETS, UTILITIES <br />AND PUBLIC SERVICES CODE, RESPECTIVELY ENTITLED <br />"CONTRACTOR TO MAKE STREET REPAIRS; FAILURE TO <br />COMPLY" AND "DEDUCTION AND REFUND" IN ORDER TO <br />REGULATE RIGHT-OF-WAY EXCAVATION DEPOSITS AND <br />RESTORATION BY PRIVATE CONTRACTORS NOT AFFILIATED <br />WITH PUBLIC UTILITIES OR COMMUNICATION COMPANIES <br />AND DECLARING AN EMERGENCYAS AMENDED. <br />WHEREAS, Council is considering the adoption of Ord. No. 2007-124 in order to <br />establish a new Chapter 902, a comprehensive right of way management program <br />pursuant to Revised Code Chapter 4939, to provide for the health, safety and welfare of <br />citizens in the occupancy and use of public ways by public utilities and communication <br />companies, as well as contractors on their behalf; and <br />WHEREAS, Chapter 901 and other provisions of Part Nine govern and will <br />continue to govern excavations and other activities by private contractors, not affiliated <br />with or acting on behalf of public utilities and communication companies; and <br />WHEREAS, it is the desire of this Council to amend Sections 901.04 and 901.05 <br />for continued application to private contractors entering the right of way and to remove <br />any inconsistency with new Chapter 902 as it relates to public utilities and <br />cominunication companies; and <br />WHEREAS, it is the desire of this Council to expand the authority of the Director <br />of Public Service and the City Engineer to enforce standards far restoration of excavated <br />areas within the right of way and treelawn and specifically to authorize the retention of <br />sufficient funds on deposit to guarantee such restoration. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Sections 901.04 and 901.05 of Chapter 901 (Excavations) of <br />the Streets, Utilities and Public Services Code, which presently read as follows: <br />