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09-07 OrdinanceRECORD OF ORDINANCES Dayton Legal Blank, [n~. Form No. 30043 0907 Qrdinance No, Passed 2Q AN ORDINANCE AUTHORIZING THE CITY MANAGER TO GRANT A GENERAL RIGHT•OF-WAY RERMIT TO TIME WARNER TELECOM, AND DECLARING AN EMERGENCY 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 necessaryto comprehensivelyplan and manage accessto, and structures and facilities in, the Rights-of-Way to promote efficiency, discourage duplication of facilities, lessen the public inconvenience of uncoordinated Work in the Rights-af-Way, and promote public safety; and WHEREAS, Chapter 98.03~6~ ~1) of the Codified Ordinances of the City of Dublin establishes and states thata General Right-af-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 fara 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, THEREFORE, BE IT ORDAINED by the until of the City of Dublin, Franklin, Union and Delaware Counties, Ohio, of the elected members concurring that: Section 1, A General Right-of-Way Permit is hereby granted to Time Warner Telecom, pursuant to Chapter 98 of the Codified Ordinances of the City of Dublin and all applicableAdministrative Regulations. Section 2, The City Manageris herebyautharized toexecute aGeneral Right- of-Way Permit to Time WarnerTelecom, Section 3. This Ordinance be, and hereby is, declared to be an emergency measure for the preservation of the public health, safety and Welfare while enhancing the economic development of the City through this valued asset. Therefore, this Ordinance shall take effect and be in force immediately upon passage. Passed this day of ~` ~~` , ~gOl ~ , Mayor- Presiding Officer ATTEST: ~~-- ClerkofCouncil CITY ~F DUELIN Office of the City Manager 5200 Emerald Parkway, Dublin, Ohio 43016 Phone: 614-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Date: January 30, 2007 Initiated By: Dana L. McDaniel, Director of Economic Development Memo Re: Ordinance 09-07 -Time Warner Telecom -General Right-of Way Permit Summary Ordinance 09-07 authorizes a General Right-of Way Permit to be granted to Time Warner Telecom. Time Warner Telecom is a new provider of network systems and will deploy its system within DubLINK. It also has the ability to use some of the Time Warner Cable system. All regulations and requirements have been complied within accordance with Chapter 98.4(C) of the Dublin Codified Ordinances and the Right-of Way Regulations. The presence of Time Warner Telecom is important to the Dublin community, as it will offer yet another service provider for Dublin residents and businesses. Recommendation After review of the application submission by Time Warner Telecom, staff recommends passage of Ordinance 09-07 by emergency at the second reading/public hearing on February 20.