2007-131 Ordinance - Laserfiche WebLink

Home Browse Search

w CITY OF NORTH OLMSTED ORDINANCE NO. 2007 - 131 By: Mayor O'Grady AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE ISSUANCE OF PUBLIC RIGHT-OF-WAY PERMITS TO SERVICE PROVIDERS AND DECLARING AN EMERGENCY. WHEREAS, on September 18, 2007, this Council passed Ordinance No. 2007-107 and tliereby declared a temporary moratorium of sixty (60) days on the issuance of pernlits for installations in and use of the Public Right-of-Way by Service Providers and pending review of comprehensive regulations related thereto; and WHEREAS, this Council is currently considering Ordinance No. 2007-124 as comprehensive regulation of the use of the Public Right-of-Way by Service Providers incluuing a permit process for Above Ground Facilities installations; and WHEREAS, this Council is informed by the Director of Law that representatives of public utility and communication companies have offered commentary on Ordinance 2007-124 and have scheduled meetings with the Director of Public Service and City Engineer to review operational issues in anticipation of its implementation; and WHEREAS, Service Providers have applied, and will be applying, to the City seel<ing to obtain a street, treelawn, and sidewall< permit to construct and install Above Ground Facilities in the Ptlblic Rig11t-Of-Way; and {?HEREAS, this Council determines that the unregulated proliferation of these Above Ground Facilities in the Public Right-Of-Way constitutes a public nuisanee that interferes with the safe and unobstructed use of the Public Right-Of-Way by traffic, pedestrians and adjoining ?:nd abutting property owners and can adversely affect property values; and WHEREAS, the moratorium imposed by Ordinance No. 2007-107, is scheduled to expire on November 21, 2007, and the Council now desires to extend same until the effective date of' Ordinailce 2007-124 or for an additional forty-five (45) days, whichever is sooner; and WHEREAS, this ordinance constitutes an emergency measure for the iinmediate preservation of the public peace, property, health, safety, or general welfare in that an extension of the cLu1-ent temporary moratorium for up to an additional forty-five (45) days from November 21, 2007, or until the adoption and effective date of Ordinance 2007-124, whichever comes sooner, is necessary to enable this Council to continue its consideration of reasonable regulation of thE installation of these facilities by Service Providers, to adequately eonsider eomments inade and to be; made by Sei-vice P?°oviders to the proposed Ordinance 2007-124 and to preve»t unre?ulated proliferation of Above Ground Facilities by Service Providers. 5 i7390-i