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2001-009 Ordinance
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2001-009 Ordinance
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North Olmsted Legislation
Legislation Number
2001-009
Year
2001
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CHAPTER 930: Use of Public Rights of Way <br />(2) A new Inside Services Use Permit shall be required of any Inside Services use <br />Permit Holder that desires: <br />(i) to extend its designated service area under an Inside Services Use <br />Permit, <br />(ii) to locate its Facilities in Public Ways of the City that are not included <br />in an Inside Services Use Permit previously issued under this <br />Ordinance, or <br />(iii) to reconstruct all or a portion of the System. <br />(3) If ordered by the City to locate or relocate its Facilities in Public Ways not <br />included in a previously issued permit, the City shall issue a permit amendment <br />consistent with the City s order without further application. <br />930.11 GENERAL PUBLIC WAYS USE REGULATIONS <br />(a) Nonexclusive Permit: No Use Permit granted under Section 930.10 shall confer any <br />exclusive right, privilege, license or franchise to occupy or use the Public Ways of <br />the City for delivery of Services ar any other purposes. <br />(b) Rights Permitted: No Use Permit granted under Section 930.10 shall convey any <br />right, title or interest in the Public Ways, but shall be deemed a permit only to use <br />and occupy the Public Ways for the limited purposes and term stated in the grant. <br />Further, no permit shall be construed in any warranty of title. <br />(c) Public Way Route: An Outside Services Use Permit granted under Section 930.10 <br />shall be limited to a grant to occupy the specific Public Ways and defined portions <br />thereo£ An Inside Services Use Permit granted under Section 930.10 shall be limited <br />to the specific geographic area of the City to be served by the Permit Holder, and the <br />specific Public Ways and defined portions thereof necessary to provide Service to <br />such areas. <br />(d) Location of Facilities: All Facilities shall be constructed, reconstructed, installed <br />and located in accordance with the following terms and conditions or as otherwise <br />determined by the Service Director: <br />(1) Facilities shall be installed within an existing underground duct or conduit <br />whenever Excess Capacity exists within such Facility. <br />(2) A Permit Holder with permission to install Overhead Facilities shall install its <br />Facilities on pole attachments to existing utility poles onl_y, and then only if <br />Surplus Space is available. <br />(3) Whenever any existing electric utilities, cable Facilities, telecommunications <br />Facilities or other Facilities are located underground within a Public Way of <br />the City, a Permit Holder with permission to occupy the same Public Way must <br />also locate its Facilities underground. <br />(4) Whenever any new or existing electric utilities, cable Facilities, <br />telecommunications Facilities or other Facilities are located or relocated <br />underground within a Public Way of the City, a Permit Holder that currently <br />occupies the same Public Way shall relocate its Facilities underground within a <br />reasonable period of time, which shall not be later than the expiration date of <br />the permit of the Service Provider initiating the location or relocation of such <br />EXHIBIT A
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