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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2001- 09 <br />By: Mayor Norman T. Musial <br />AN ORDINANCE CREATING NEW CHAPTER 930 OF THE <br />STREETS UTILITIES AND PUBLIC SERVICES CODE OF THE <br />CITY OF NORTH OLMSTED, ENTITLED "USE OF PUBLIC <br />RIGHT5 QF WAY BY UTILITY, CABLE TELEVISION AND <br />TELECOMMUNICATIONS SYSTEM OPERATOR5," AND <br />DECLARIN(G AN EMERGENCY <br />WHEREAS, a number of companies providing public utility and <br />telecommunications services are using the City's public rights of way; and <br />WHEREAS, rhe number of service providers desiring to use the City's rights of <br />way is expected to dramatically increase in the near future; and <br />WHEREAS, in order to encourage the provision of advanced and competitive <br />utility, cable television and telecommunication services, yet enable the City to manage <br />and conserve the limited capacity of the rights of way and preserve and enhance the <br />orderly appearance and aesthetics of the community, it is necessary to enact an ordinance <br />governing the use of the rights of way in an impartial, non-discriminatory manner; and <br />WHEREAS, this Council believes the new Chapter 930 of the Streets, Utilities <br />and Public Services Code will substantially further the City's legitimate interests in the <br />regulation of various uses of the public rights of way in order to protect and promote <br />public safety and aesthetics; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE <br />CITY OF NORTH OLMSTED, COi1NTY OF CTJYAHOGA AND STATE OF <br />OHIO: <br />SECTION 1: That there is hereby created new Chapter 930 of the North Olmsted <br />Streets, Utilities and Public Services Code, entitled, "Use of Public Rights of Way by <br />Utility, Cable Television and Telecommunications System Operators." Said new Chapter <br />930 shall be in form and substance as set forth in attached Exhibit A, which is expressly <br />incorporated into this ordinance by reference as if fully restated herein. <br />SECTION 2: That all Ordinances and Resolutions, or parts of Ordinances or <br />Resolutions, in conflict or inconsistent with the provisions of this Ordinance be, and <br />hereby are, to the extent of any such conflict or inconsistency, repealed.