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101* <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2007 -107 <br />BY: Mayor O'Grady <br /> <br />AN ORDINANCE DECLARING A MORATORIUM ON THE ISSUANCE OF <br />PUBLIC RIGHT-OF-WAY PERMITS TO SERVICE PROVIDERS AS <br />SPECIFIED IN THIS ORDINANCE, AND DECLARING AN EMERGENCY. <br />WHEREAS, under Chapters 901 and 929 of the Codified Ordinances of North Olmsted, <br />Ohio, applicants must first obtain a permit from the Director of Public Service and City Engineer <br />before making any opening in the Public Rights-of-Way; and <br />WHEREAS, it is anticipated that Service Providers will be applying to the City seeking <br />to obtain a street, treelawn, and sidewalk permit to construct and install Above Ground Facilities <br />in the Public Right-Of-Way; and <br />WHEREAS, this Council determines that the unregulated proliferation of these Above <br />Ground Facilities in the Public Right-Of-Way constitutes a public nuisance that interferes with <br />the safe and unobstructed use of the Public Right-Of-Way by traffic, pedestrians and adjoining <br />and abutting property owners; and <br />WHEREAS, this Council further determines that this public nuisance can be abated by <br />the promulgation of regulations for the placement of Above Ground Facilities in the PL:-.lic <br />Right-Of-Way to facilitate the needs of Service Providers while protecting the health, safety and <br />welfare of the general public; and <br />WHEREAS, the City is considering amendments to its ordinances for the use of the <br />Public Right-of-Way by Service Providers that includes permits far Above Ground Facilities <br />installations and regulates the placement of these Facilities in the Public Right-of-Way; and <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 a moratorium <br />on the review of applications for the permitting of street, treelawn and sidewalk openings for <br />Above Ground Facilities by Service Providers is necessary to enable this Council to consider <br />reasonable regulation of the installation of these facilities by Service Providers and prevent <br />unregulated proliferation of Above Ground Facilities by Service Providers through the issuance <br />of a permit priar to either the effective date of the City's regulation of Above Ground Facilities <br />or November 21, 2007, whichever occurs first. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />