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CITY OF NORTH OLMSTED ORDINANCE NO. 2013 - 42 BY: Mayar Kennedy AN ORDINANCE AMENDING PART NINE, TITLE ONE (STREETS AND SIDEWALK AREAS) OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF NORTH OLMSTED SO AS TO ADD A NEW CHAPTER 900 AND TO AMEND EXISTING CHAPTERS 901, 903, 905, AND 909, FOR IN ORDER TO CLARIFY REQUIRED FEES AND DEPOSITS, AND DECLARING AN EMERGENCY, AS TWICE AMENDED. WHEREAS, the City Engineer and the Director of Planning & Development recommend that Part Nine, Title One of the Codified Ordinances be updated to amend Chapters 901 (Excavations), 903 (Sidewalks), 905 (Driveways), and 909 (Aprons) in arder to remove/relocated required fees and deposits, clarify application of deposit requirements, and to amend requirements for installation of brick paver in the right-of-way; and WHEREAS, the City Engineer and the Director of Planning & Development further recommend the update of said Part Nine, Title One, specifically the addition of new Chapter 900 in order to set forth a Table to outline required fees and deposits and to address refund procedure; and WHEREAS, it is the desire of this Council to add said Chapter 900 and to amend said Chapters 901, 903, 905, and 909 of the Codified Ordinances of the City of North Olmsted in order to update required fees and deposits, address refund procedures, and brick paver requirements. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Chapter 901 "Excavations" and Chapter 903 "Sidewalks" and Chapter 905 "Driveways" and Chapter 909 "Aprons", which presently reads in its entirety as set forth in Exhibit A, which is attached to this Ordinance and incorporated by reference as if fully rewritten herein, shall be amended and, as amended, shall read in its entirety as such amendments are displayed by boldface and as stricken in Exhibit B. SECTION 2: That new Chapter 900 "Fees and Deposits" is hereby adopted and shall read as and provide as set for in Exhibit B, which is attached to this Ordinance and incorporated by reference as if fully rewritten herein. SECTION 3: That any ordinance, or part of ordinance, in conflict or inconsistent with this Ordinance, is, to the extent of any such conflict or inconsistency, repealed. Conflicting or , inconsistent provisions of any Ordinance shall be corrected at re-codification. SECTION 4: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and further for the reason that it is necessary that this Ordinance to go into effect immediately in order to