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HomeMy WebLinkAbout129-00 Ordinance RECORD OF ORDINANCES Da on Le al Blank Co. Form No 30043 Ordinance No ............................129.-00.........._......... Passed AN ORDINANCE AUTHORIZING THE CITY MANAGER TO GRANT A GENERAL RIGHT OF WAY PERMIT TO AMERITECH WHEREAS, the City of Dublin is vitally concerned with the use of the various Rights-of- Way in the City as such Rights-of--Way are a valuable and limited public resource which must be utilized to promote the public health, safety, welfare and economic development of the City; and WHEREAS, it is necessary to comprehensively plan and manage access to, and structures and facilities in, the Rights-of--Way to promote efficiency, discourage uneconomic duplication of facilities, lessen the public inconvenience of uncoordinated work in the Rights-of--Way, and promote public safety; and WHEREAS, Chapter 98.03(B) (1) of the Codified Ordinances of the City of Dublin establishes and states that a General Right of Way Permit may be granted to a person who desires and is granted authority to utilize rights-of--way generally, and WHEREAS, the City Manager hereby certifies that the applicant has filed for a General Right of Way Permit in accordance with Chapter 98.04(C) of the Codified Ordinances of the City of Dublin and in accordance with the Administrative Regulations and therefore recommends City Council grant said permit. ~ NOW, TI~EREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring that: ection 1. A General Right of Way Permit is hereby granted to Ameritech pursuant to Chapter 98 of the Codified Ordinances of the City of Dublin and all applicable Administrative Regulations. Section 2. The City Manager is hereby authorized to grant a General Right of Way Permit to Ameritech. ection 3 That this Ordinance shall take effect and be in force on the earliest date permitted by law. Passed this (D r~'1 day of BUD y' , 2000 Mayor -Presiding Officer ATTEST: ~ - Clerk of Council I hereby Certify that copies of tk~is OrdinuncelResolution sere poste3 in he City of Dublin in accordance with Section 731.25 of the O?~io Revised Cod . (,~jop~, Clerk Council, Dublin, Ohio GENERAL RIGHT OF WAY PERMIT FOR THE USE OF PUBLIC RIGHTS-OF-WAY CITY OF DUBLIN This General Permit for the Use of Public Rights-of--way is granted this day of 2000 to Ameritech (the "Company"). by the City of Dublin, an Ohio municipal corporation (the "City"). The Company, its successors and assigns, is hereby granted the non-exclusive right, privilege and authority in accordance with the provisions of Chapter 98 of the Codified Ordinances of the City and the Right-Of--Way Regulations, Adopted March 26, 1999 (the "Regulations") to construct, maintain and operate in and under, above, under, across and along the streets, alleys, thoroughfares, public rights-of--way, public property and easements as the same now exist or may hereafter be laid out in the City for the provision of all communications services the Company provides or is authorized by the Public Utilities Commission of Ohio and the Federal Communications Commission to provide. The Company shall comply with all provisions of Chapter 98 of the Codified Ordinances of the City of Dublin and the Administrative Regulations. Nothing in this Permit allows the Company to provide any cable television services. The rights, privileges and authority hereby granted shall not be effective prior to the execution of this Permit by the City and shall terminate on July 31, 2004. Whenever this Permit, the City or Company is referred to, such reference shall be deemed to include the respective successor or assign of either, and all rights, privileges, and obligations herein contained shall bind and inure to the benefit of such respective successor or assign, in which the predecessor of such successor or assign is divested of all such rights, privileges, or obligations, whether so expressed or not. Witness Timothy C. Hansley, City Manager City of Dublin Witness Approved as to form: Gregory J. Dunn Schottenstein, Zox and Dunn