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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 97- 77 <br />BY: Councilman McKay <br />AN ORDINANCE CREATING NEW CHAPTER 929 OF THE UTILITIES CODE <br />OF THE CITY OF NORTH OLMSTED, ENTITLED "UNDERGROUND <br />UTILITYAND COMMUNICATIONS SYSTEMS. <br />WHEREAS, utilities and communications technology has progressed to where it is feasible <br />to locate many utility and communications facilities entirely underground; and <br />WHEREAS, locating utilities and communications facilities entirely underground, where <br />feasible, and landscaping above ground equipment of facilities where not feasible, will promote the <br />safety of residents of the City and, in addition, promote aesthetics in residential neighborhoods; and <br />WHEREAS, it is the desire of this Council to create a new Chapter in the Utilities Code of <br />the City in order to regulate the location and placement of underground utilities and communications <br />facilities; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION l: That there be, and hereby is, created new Chapter 929 of the Utility Code <br />of the City of North Olmsted, entitled "Underground Utility and Communications Systems," <br />which shall read as follows: <br />CHAPTER 929.UNDERGROUND UTILITY AND COMMUNICATIONS <br />SYSTEMS. <br />929.01 PURPOSE AND POLICY. <br />Underground utility and communications facilities, including telephone and cable television <br />facilities located within the public right-of--way, or within an underground utility easement, in or <br />near residential areas of the City, should be located entirely underground to the fullest extent <br />which is technologically practicable. Such facilities shall never be located above ground where <br />they pose an unreasonable hazard to the motoring or pedestrian public. Such unreasonable hazards <br />to the public include visual obstructions. <br />929.02 DEFINITIONS. <br />Underground utility communications facilities shall include all facilities in which the <br />cables, ducts, conduits and conductors are located primarily below ground within the public right- <br />of-way or an utility easement. They shall not include facilities which are primarily above ground <br />cable, conduit and conductors, and which are not located in an underground utility easement as <br /> <br />