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WHEREAS, this Ordinance constitutes an emergency measure for the immediate <br />preservation of the public peace, property, health, safety, or general welfare because the State of <br />Ohio has recently enacted HB 478, enacted April 11, 2018, which enables the City to exercise <br />limited control over its Right -of -Way, which should be enacted prior to July 11, 2018, the <br />effective date of State law and prior to the receipt of additional small cell permit applications. <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 1: That new Chapter 904, "Small Cell Facilities and Wireless Support <br />Structures within the Right -of -Way" of Part Nine, "Streets, Utilities and Public Services Code" <br />of the Codified Ordinances of the City of North Olmsted, as set forth in the attached Exhibit A, <br />shall be and is hereby enacted, which is fully incorporated by reference herein. <br />SECTION 2: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the public health, safety and welfare in order that the City may <br />immediately exercise control over its Right -of -Way, not in conflict with the State of Ohio <br />adoption of HB 478; and further provided it receives the affirmative vote of two thirds of the <br />members of Council, it shall take effect upon its approval by the Mayor. <br />PASSED: <br />T <br />ATTES . <br />CHARLES MASSAROLO II <br />Clerk of Council <br />APPROVED: <br />zt-_- L <br />MAO KEVIN M. KENNED <br />First Reading: 6/- 5-11 <br />Second Reading: -!�-- <br />Third Reading.• S-15-Pe�,od <br />Committee: 5b (-45 4 <br />NICOLE DAILEY S <br />President of Coun <br />APPROVED AS TO LEGAL FORM <br />/s/ Michael R. Gareau, Jr. <br />MICHAEL R. GAREA U, JR. <br />Director of Law <br />