HomeMy WebLinkAbout130-00 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 30043
Ordinance No .........................130-00...................... Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO GRANT A GENERAL RIGHT OF WAY PERMIT TO
TIME WARNER
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 maybe 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, T EREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, ~ of the elected members concurring that:
~ Section 1.
A General Right of Way Permit is hereby granted to Time Warner pursuant to Chapter 98
of the Codified Ordinances of the City of Dublin and all applicable Administrative
Regulations.
ection 2.
The City Manager is hereby authorized to grant a General Right of Way Permit to Time
Warner.
ection 3
That this Ordinance shall take effect and be in force on the earliest date permitted by law.
Passed this day of ~6 ~ • , 2000
~ a -Presiding Officer
ATTEST:
-1
Clerk of Council
I hereby certify that copies of t!Pis Orr!'.nance/Resolution were po~te~
City of Dublin in accordance with Section 731.25 of the Olio F,evised C e.
QAO~, tl of 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 Time Warner Communications (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
_ a~ _.W _ a _ . , ~ _
CITY OF DUBLIN M e m o
Office of the City Manager
5200 Emerald Parkway
Dublin, Ohio 43017-1006
Phone: 614-761-6570
Fax: 614-761-6512
To: All Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Initiated By: Dana L. McDaniel, Director of Service
Date: September 9, 2000
Re: General Right of Way Permits
Staff recommends passage of Ordinances 129-00 and 130-00. Staff has reviewed the application
submission by Time Warner Communications and Ameritech respectively and find them to be in
compliance. Chapter 98.04(C) of the Codified Ordinances of the City of Dublin explains the
procedure necessary for the granting of General Right of Way Permits.
Staff is applying Chapter 98.04(C) to Time Warner Communications because the certification by
the Public Utilities Commission of Ohio, submitted with the application, authorizes Time Warner
Communications to provide local exchange services (telephony). Staff views this service to be
outside the existing Cable TV Franchise and cannot administratively grant a permit in accordance
with 98.04(A).
Despite the fact that both Ameritech and Time Warner are "incumbent" providers, staff felt it
necessary for each to pursue the General Right of Way Permit as a housekeeping measure. We
greatly appreciate their cooperation.
Should you have any questions, please contact Dana McDaniel at work: 410-4751 or cellular: 206-
3311.
Thank you.
DLM/tb