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CITY OF NORTH OLMSTED ORDINANCE NO. 2023 - 70 By: Mayor Jones AN ORDINANCE AMENDING SECTION 902.09 ENTITLED "RECOVERY OF CITY COSTS OF MANAGING THE RIGHT-OF- WAY- IGHT-ORWAY" OF CHAPTER 902 OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "USE OF PUBLIC RIGHT-OF-WAY BY SERVICE PROVIDERS AND CONTRACTORS PERFORMING WORK OF SERVICE PROVIDER FACILITIES" IN ORDER TO PROVIDE FOR PERMIT REVIEW AND INSPECTION FEES WHEREAS, Section 902.09, "Recovery of City Costs of Managing the Right -of - Way" of Chapter 902 of the Codified ordinances of the City of North Olmsted provides the framework for the recovery of costs, if any, associated with the occupancy or use of the right -of way by Service Providers or Contractors, referred to as Public Way Fees and regulated by Ohio Revised Chapter 4939; and WHEREAS, the City Engineer, upon the advice and concurrence of the Director of Law, recommends amendment of Section 902.03 for the purpose of imposing an administrative fee in order to recover the administrative expenses associated with review of registration materials; and WHEREAS, this Council wishes to amend the Code to enable the Engineering Department to recover administrative expenses of right-of-way permit application review and inspection. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFNORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That section 902.09 of the Streets, Utilities and Public Services Code, which currently reads, in its entirety, as follows: 902.09 RECOVERY OF CITY COSTS OF MANAGING THE RIGHT-OF-WAY. (a) Purpose. The purpose of this Section 902.09 is to provide for the recovery of all direct and indirect costs and expenses actually incurred by the City and associated with a Service Provider or Contractor's occupancy or use of the Right -of -Way and related to the enforcement and administration of this Chapter in accordance with applicable law. (b) Recovery of Costs. Any City costs related to a Service Provider or Contractor's occupancy or use of the Right -of --Way and recovered pursuant to this Chapter shall be considered Public Way Fees as that tens is defined in this Chapter and Chapter 4939 of the Ohio Revised Code. Public Way Fees shall be assessed by the City Engineer in a manner that is in accordance with Chapter 4939 of the Ohio Revised Code and any other applicable law.