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<br />Ordinance No. 2007-107
<br />SECTION 1: For the reasons stated in the preamble to this ordinance, this Council
<br />declares a moratorium on review of applications for and the issuance of permits under Chapters
<br />901 and 929 of the Codified Ordinances of North Olmsted, Ohio, for the placement of Above
<br />Ground Facilities in the Public Right-of-Way by Service Providers for a period commencing on
<br />the effective date of this ordinance and ending on either the effective date of an ordinance
<br />regulating the installation of Above Ground Facilities by Service Providers in the Public Right-
<br />Of-Way or November 21, 2007, whichever date 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 portion of a System located
<br />on the surface 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 or to be used to operate a System to transmit,
<br />receive, distribute, provide or offer a Service.
<br />(c) "Public 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 />public alley, public court, public sidewalk, public boulevard, public parkway,
<br />public 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 Right-of-Way
<br />used ar to be used 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 />telephone, 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 used.
<br />(f) "System" means a network of Facilities far the transmission and/or
<br />distribution of a Service.
<br />SECTION 3: 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.
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