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CITY OF NORTH OLMSTED, OHIO <br />ORDINANCE NO. 2007 - 124 <br />BY: Mayor O'Grady <br />AN ORDINANCE TO ADOPT A NEW CHAPTER 902, ENTITLED "USE OF <br />PUBLIC RIGHT-OF-WAY BY SERVICE PROVIDERS AND <br />CONTRACTORS PERFORMING WORK ON SERVICE PROVIDER <br />FA CILITIES"; AND DECLARING AN EMERGENCY, AS AMENDED. <br />WHEREAS, by and through Ordinance No. 2007-107 this Council enacted an emergency <br />moratorium on permits under Chapters 901 and 929 of the Codified Ordinances of North <br />Olmsted, Ohio, pending consideration of amendments to its ordinances for the use of the Public <br />Right-of-Way by Service Providers that includes permits for Above Ground FaciL'*.ies <br />installations and regulates the placement of these Facilities in the Public Right-of-Way; and <br />WHEREAS, upon the advice and recommendation of the Directors of Public Service and <br />Law, together with special legal counsel on telecommunications and utilities law, this Council <br />finds it necessary to adopt a new Chapter 902 to reasonably manage installations in the public <br />rights-of-way by utility and other service providers and users, and in accordance with Ohio <br />Revised Code Chapter 4939; <br />WHEREAS, due to increased demand for use of the public rights-of-way by utility and <br />other service providers and users, this Council finds it necessary to adopt a new Chapter 902 <br />entitled "Use of Public Right-of-Way by Service Providers and Contractors Performing Work on <br />Service Provider Facilities" of Part Nine, "Streets, Utilities and Public Services Code and Public <br />Services Code", Title One, "Street and Sidewalk Areas", of the Codified Ordinances of the City <br />and for the further reasons set forth in proposed new Section 902.01(a) of said Chapter, attached <br />hereto as Exhibit A; <br />WHEREAS, this ordinance constitutes an emergency measure for the immediate <br />preservation of the public peace, property, health, safety, or general welfare in that <br />comprehensive management of and standards for the review of applications for the permitting of <br />street, tree lawn and sidewalk openings for Above Ground Facilities by Service Providers is <br />necessary and appropriate that this Council adopt reasonable regulation of the installation of <br />these facilities by Service Providers and prevent unregulated proliferation of Above Ground <br />Facilities by Service Providers through the issuance of a permits, and otherwise enact <br />comprehensive Public Right-of-Way management techniques in accordance with Ohio Revised <br />Code Chapter 4939. <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: That new Chapter 902, "Use of Public Right-of-Way by Service Providers <br />and Contractors Performing Work on Service Provider Facilities" of Title One, "Street :nci <br />Sidewalk Areas" of Part Nine, "Streets, Utilities and Public Services Code" of the Codified <br />Ordinances of the City of North Olmsted is hereby adopted to provide and shall read as set forth <br />in the attached Exhibit A which is fully incorporated by reference herein. <br />512729-1 <br />