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AN ORDINANCE ENACTING NEW SECTION 1021.041 ENTITLED “AREAS DESIGNATED SOLELY FOR UNDERGROUNDING” OF THE CODIFIED ORDINANCES OF YELLOW SPRINGS AND DECLARING AN EMERGENCY
- Published: April 5, 2018
AN ORDINANCE ENACTING NEW SECTION 1021.041 ENTITLED “AREAS DESIGNATED SOLELY FOR UNDERGROUNDING” OF THE CODIFIED ORDINANCES OF YELLOW SPRINGS AND DECLARING AN EMERGENCY
ORDINANCE NO. 2018-13, VILLAGE OF YELLOW SPRINGS, OHIO
Interested persons will take note that the Village Council of Yellow Springs
on Monday, April 2, 2018, gave first reading to an ordinance and passed as an
emergency, text to follow.
WHEREAS, the Codified Ordinances for the Village of Yellow Springs, Ohio
establish requirements for the use and/or occupancy of any and all rights-of-way
in the Municipality and for the issuance of permits to persons for such use or
occupancy;
WHEREAS, it is contemplated Ohio House Bill 478 of the 132nd General
Assembly (“HB 478”) may be enacted and affect the Codified Ordinances for the
Village of Yellow Springs, Ohio as it relates to underground only areas of rights-
of-way;
WHEREAS, HB 478 provides that the Village of Yellow Springs, Ohio may
prohibit public utilities, cable operators, and operators, as those terms are defined
within HB 478, from installing structures and facilities in rights-of-way if an area is
designated solely for undergrounding, if that designation is in effect three months
prior to any application to install a structure or facility;
WHEREAS, Village Council seeks to preserve certain underground only areas
of the Village of Yellow Springs, Ohio; and
WHEREAS, Village Council has determined that it would be in the best interest
of the Village to designate certain areas of the public rights-of-way of the Village as
“underground only” for the purpose of prohibiting public utilities, cable operators,
and operators, as those terms are defined within HB 478, from installing structures
and facilities in the public way.
NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW
SPRINGS, OHIO HEREBY ORDAINS THAT:
Section 1. A new Section 1021.041 entitled “Areas Designated Solely for
Undergrounding” of the Codified Ordinances of the Village of Yellow Springs, Ohio
be enacted to read as set forth on Exhibits A and B, which are attached hereto
and incorporated herein.
Section 2. This Ordinance is hereby declared to be an emergency measure
authorized under the Village’s home rule powers necessar y for the benefit of the
health, safety and welfare of the Village and shall take effect immediately upon
approval by Village Council.
Brian Housh, President
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