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97-052 Ordinance
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97-052 Ordinance
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1/16/2014 12:00:53 PM
Creation date
1/15/2014 8:56:28 AM
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North Olmsted Legislation
Legislation Number
97-052
Legislation Date
8/19/1997
Year
1997
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That existing Article XI of the Charter be amended to read as follows: <br />ARTICLE XI <br />FRANCHISE <br />SECTION I: FRANCHISES <br />The Council may by ordinance grant anon-exclusive franchise to any person, firm, or <br />corporation to construct or operate a public utility on, across, under, over, or above any public <br />street or real estate within the City for a period not in excess of twenty-five (25) years; and it may <br />prescribe in the ordinance the kind or quality of service or product to be furnished, the rate or <br />rates to be charged therefor, and such other terms as Council shall deem conducive to the public <br />interest. Such franchise agreements may be amended or renewed in a manner subject to the <br />provisions established by this Charter for original grants. No consent of any owner of property <br />abutting on any public street or real estate shall be necessary to the effectiveness of any such <br />grant, amendment, or renewal. <br />All grants, amendments, and renewals shall be made subject to the continuing right of the <br />Council to provide reasonable regulations for the operation of such utilities with reference to such <br />streets and public real estate, including the right to require such reconstruction, relocation, <br />alteration, or removal of structures and equipment used in such streets or public real estate as <br />shall, in the opinion of Council, be necessary in the public interest. <br />SECTION 2: AGGREGATE BARGAINING <br />The Council may by ordinance create aggregations of utility consumers located within the <br />City for the purposes of aggregate, collective, or conjunctive billing and bargaining with utility <br />providers providing utility services. Such aggregations may consist of all or some of the utility <br />consumers within the City, if the ordinance so provides. The consent of individually affected <br />utility consumers within the City shall not be necessary in order to establish such aggregations. <br />SECTION 2: If the foregoing proposal receives the affirmative vote of a majority of the <br />electors voting thereon, then existing Article XI shall be and the same is hereby repealed effective <br />as of the date on which such amendment becomes effective. <br />SECTION 3: It is the desire of the Council that the ballot for said question shall be in <br />substantially the following form: <br /> <br />
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