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2007-124 Ordinance
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2007-124 Ordinance
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1/9/2014 3:51:22 PM
Creation date
12/19/2013 3:58:55 AM
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North Olmsted Legislation
Legislation Number
2007-124
Legislation Date
12/18/2007
Year
2007
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?.e4 <br />Right-of-Way for an existing System or Facilities, but is planning <br />to Construct additional Facilities or an additional System anywhere <br />in the City; or <br />(D) Is a Contractor that performs work on or intends to perform work <br />on Facilities in the Right-of-Way owned or operated by a Service <br />Provider or other Person. A Contractor must independently obtain <br />the City's consent to Occupy or Use the Right-of-Way and comply <br />with the Annual Registration requirements regardless of whether <br />the Contractor performs work on a System or Facilities owned or <br />operated by a Service Provider or other Person that has obtained <br />the City's consent, or has initial presumed consent, to Occupy or <br />Use the Right-of-Way. Any Contractor currently performing work <br />on Facilities in the Right-of-Way shall apply for consent to Occupy <br />or Use the Right-of-Way within ninety (90) days of the effective <br />date of this Chapter. <br />(c) Initial Consent Presumed. <br />(1) A Person with existing Facilities in the Right-of-Way on July 2, 2002 <br />Chapter shall have conclusively presumed initial consent for those <br />Facilities to Occupy or Use the Right-of-Way if such Person: <br />(A) is subject to jurisdiction by the PUCO; <br />(B) has a valid franchise agreement or other agreement with the City to <br />provide cable or video services in the City or has a video service <br />authorization from the State of Ohio, and/or <br />(C) is any other Person whose existing Facilities lawfully Occupied the <br />Right-of-Way on July 2, 2002. <br />(2) Initial presumed consent for Occupancy or Use of the Right-of-Way is <br />limited to the Service Provider's existing System on the effective date of <br />this Chapter. <br />(3) Any Service Provider with initial presumed consent to Occupy or Use the <br />Rights-of-Way shall file an Initial Registration with the City within ninety <br />(90) days of the effective date of this Chapter, on a form provided by the <br />City Engineer, which shall include the information required by Section <br />902.02(d) of this Chapter. <br />(4) A Person with initial presumed consent must comply with the <br />requirements of this Chapter with respect to the ongoing Occupancy or <br />Use of the Right-of-Way including, but not limited to, the Insurance, <br />Indemnity, Performance Bond and Registration requirements of Sections <br />902.03 and 902.04(a), (b) and (c) of this Chapter. <br />(d) Application for Consent to Occupv or Use the Right-of-Way; Initial Registration <br />of Service Providers with Initial Presumed Consent. The application for Consent to Occupy or <br />Use the Right-of-Way and/or initial registration pursuant to Section 902.02(c) for Service <br />Providers with initial presumed consent to Occupy or Use the Right-of-Way shall include the <br />following information with respect to the applicant's or Service Provider's planned or existing <br />System and/or Facilities in the Right-of-Way as well as plans for any planned Capital <br />Improvements or Reconstniction for the following twelve (12) months: <br />(1) The identity, legal status and federal tax identification number of the <br />512729-1 <br />7 <br />. . . .. . ... . . . . . . . . ... .. . . .. . . . . . . ...... . .. .. . ,?... .,. . , , , ..,:? . _. .. .. . .. ?u?r??.,.?,?? . . . .. . M?e....t: w . ... ., .
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