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SECTION 2: That the Director of Finance is hereby authorized and directed to establish <br />and maintain a special revenue fund in accordance with law, as particularly required in Revised <br />Code Sections 4939.05(D) and pertinent provisions of Revised Code Chapter 5705, to be <br />identified as the "Public Way Management Fund," for remittance and receipt of all public way <br />fees levied by and received by the City in accardance with Revised Code Chapter 4939 and <br />pursuant to Section 902.09 herein. <br />SECTION 3: That this Council hereby authorizes and directs that all public way fees <br />levied by and revenues received in accordance with Revised Code Chapter 4939 and specifically <br />Section 902.09 herein be credited to the "Public Way Management Fund" and thereafter <br />accounted for in accordance with law. <br />SECTION 4: It is found and determined that all formal actions of this Council <br />concerning and relating to the adoption of this Ordinance were adopted in an open meeting of <br />this Council, and that all deliberations of this Council and of any of its committees that resulted <br />in such formal action, were in meetings open to the public, in compliance with all legal <br />requirements, including Section 121.22 of the Ohio Revised Code. <br />SECTION 5: This Ordinance is hereby declared to be an emergency measure necessary <br />for the immediate preservation of the public peace, health, safety and general welfare and it is <br />necessary for this Ordinance to be in effect immediately upon its passage in order to protect the <br />public health, safety, aesthetics, property values and general welfare of the community at the <br />earliest possible time due to the immediate and increased desire of utility and other service <br />providers to use the public rights-of-way for their facilities, to adopt and implement reasonable <br />regulation of the installation of Above Ground Facilities by Service Providers and to prevent <br />unregulated proliferation of these facilities. Therefare, provided this Ordinance receives the <br />affirmative vote of five members of Council, it shall take effect and be in force immediately <br />upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed <br />by law.; ? <br />, <br />PASSED: I P? ?x7 First Reading: /o /4 7 <br />Second Reading: OThird Reading: <br />Committee: <br />A T T: <br />, <br />s?2?2??-? <br />r?-?--BARBARA L. SEMAN Clerk of Council APPROVED: <br />?D, <br />MAYOR THOMAS E. O' DY <br />? "I I - ? K-- ---? z < <br />KE IN M. KENN Y <br />President of Council (-? <br />APPROVED AS TO FORM: <br />/s/James M. Dubelko <br />2