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<br />Ordinance No. 2007-131
<br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
<br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO:
<br />SECTION 1: For the reasons stated in the preamble to this Ordinance, this Council
<br />extends the moratorium iilstituted by Ordinance 2007-107 on the review of applications for and
<br />the issuance of street, treelawn and sidewalk opening permits under Chapters 901 and 929 of the
<br />Codified Ordinances of the City of North Olmsted, Ohio, for the placement of Above Ground
<br />Facilities in the Public Right-of-Way by Service Providers through either the effective date of an
<br />ordinance regulating the i»stallation of Above Ground Facilities by Serviee Providers in the
<br />PLiblic Right-0f-Way, specifically Ordinance 2007-124 or January 5, 2008, whichever date
<br />occurs first.
<br />SECTION 2: That, as used in this ordinance, the following words and phrases shall have
<br />the following meanings:
<br />(a) "Above Ground Facilities" means that portioil of a System located
<br />on the stilrface of the Public Right-of-Way.
<br />(b) "Facilities" means the plant, equipment and property, including but
<br />not limited to, cables, fibers, wires, pipes, conduits, ducts, pedestals, antennae,
<br />electronics, poles, pipes, mains, plant, equipment and other appurtenances located
<br />in the Public Right-of-Way and used ar to be used to operate a System to transmit,
<br />receive, distribute, provide or offer a Service.
<br />(c) "Pliblic Right-of-Way" means the surface of, and the space within,
<br />through, on, across, above or below, the paved or unpaved portion of any public
<br />street, public road, public highway, public freeway, public lane, public path,
<br />publie alley, public court, public sidewalk, public boulevard, public parkway,
<br />pLiblic drive, public easement and any other land dedicated or otherwise
<br />designated for a compatible public use, which is controlled by the City.
<br />(d) "Service Provider" means any person who directly or indirectly
<br />owns, controls, operates or manages Facilities within the Public Rig11t-of-Way
<br />tlsed or to be Lised for the purpose of operating a System to transmit, receive,
<br />distribute or provide Services.
<br />(e) "Service" means the offering of water, sewer, electric, gas,
<br />teleplione, telecommunications, cable television, video service, information or
<br />other utility-like service for a fee directly to the public, or to the classes of users
<br />as to be effectively available to the public, regardless of the Facilities Lised.
<br />(o "System" means a networl< of Facilities for the transmission and/oi-
<br />disfribution of a Service.
<br />517396-I
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