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HomeMy WebLinkAbout2017-R-9 JEFFERSONVILLE BOARD OF PUBLIC WORK WORKS AND SAFETY STATE OF INDIANA RESOLUTION NO. 2017-R _q - A RESOLUTION AMENDING ERRORS CONTAINED IN RESOLUTION NO. 2017-R-2 WHEREAS, on April 28, 2017, the Jeffersonville Board of Public Works ("BOW") adopted Resolution No. 2017-OR-2, An Resolution Identifying Certain Areas of the City as Areas Designated Strictly for Underground or Buried Utilities; and which said resolution is incorporated herein by reference; WHEREAS, several typographical errors exist in 2017-R-2 and the Board believes it is in the best interest of the City to correct said errors. NOW THEREFORE, BE IT HEREBY RESOLVED by the Jeffersonville Board of Public Works, that the errors in Resolution No. 2017-OR-2 should be corrected to read as follows: 1. Page 1, Paragraph 5, "NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE BOARD OF PUBLIC WORKS AND SAFETY AS FOLLOWS:" 2. Page 3, the Signature line should read as follows, CITY OF JEFFERSONVILLE, INDIANA BOARD OF PUBLIC WORKS AND SAFETY 1. That the Board hereby amends Resolution No. 2017-R-2, to incorporate the above provisions. 2. That all other terms and provisions of Resolution No. 2017-R-2 shall remain in full force and effect. DULY PASSED,ADOPTED AND RESOLVED BY THE JEFFE]PtSONVILLE BOARD OF PUBLIC WORKS AND SAFETY ON THIS THE DAY OF AUGUST,2017. 1 CITY OF JEFFERSONVILLE, INDI A BOARD OF PUBLIC WORKS A TDFETY Mike Moore, ayor 7en, emb Rob Wiz, Member Attest: -L�- //'Y' , A - Vicki Conlin, Clerk 2 - . r HFFERSONVILLE BOARD OF PUBLIC WORK WORKS AND SAFETY STATE OF INDIANA RESOLUTION NO. 2017- Q,,, RESOLUTION IDENTIFYING CERTAIN AREAS OF THE CITY AS AREAS DESIGNATED STRICTLY FOR UNDERGROUND OR BURIED UTILITIES WHEREAS,the Jeffersonville Board of Public Works and Safety(`BOW")has jurisdiction over street right-of-ways within the City of Jeffersonville, Indiana("City")and is the permit authority of such municipality regarding the use of City street right-of-ways;and WHEREAS,Senate Enrolled Act 213 has been enacted into law and amends Indiana Code § 8-1-32.3 as of April 30, 2017 to allow the use of the City's street right-of-ways for the construction, installation, and use of small cell facilities and wireless support structures; and WHEREAS,such legislation allows the permit authority of a municipality to designate areas as strictly for underground or buried utilities,provided that such areas are so designated before May 1,2017; and WHEREAS,the City,through its BOW,desires to designate areas within the City as strictly for underground or buried utilities in order to restrict or prohibit the construction, placement,or use of small cell facility and the associated supporting structure within the City's street right-of-ways in such areas where investments have been made to ensure utility Iines are located or buried underground. NOW,THEREFORE,BE IT RESOLVED BY THE SING S- BOr�tD OF PUBLIC WORKS AND SAFETY AS FOLLOWS: 1. Purpose. The purpose of this Resolution is to adopt a local policy regarding the designation of locations within the City as underground or buried utility areas pursuant to Indiana Code § 8-1-32.3-15(c)(1). 2. Designation. The City,through its BOW,hereby determines that the Jeffersonville City Engineering Department, developers and homeowners located within the City limits have previously made investments to ensure utility lines are located or buried underground and,therefore, in an effort to continue this policy,the entire City of Jeffersonville,Indiana,that being all City-owned street right-of-ways located within the City of Jeffersonville, Indiana corporate boundary,are hereby designated as areas strictly for underground or buried utilities pursuant to Indiana Code § 8-1- 32.3-15(c)(1). 3. Restrictions. With respect to the construction,placement, or use of small cell facility and the associated support structure, the BOW hereby r restricts and prohibits the placement of a new utility pole or a new wireless support structure in a City right-of-ways,except as otherwise permitted in Section 4 of this Resolution. 4. Exceptions. Notwithstanding the restrictions and prohibitions contained in Section 3,above,the following provisions shall be met and the following exceptions are hereby permitted: (A) Collocation of small cell facilities on existing utility poles and wireless support structures within the City are allowed; (B) Repair and/or replacement of existing utility poles and wireless support structures within the City is allowed; (C) A petition for a request to install new utility poles or new wireless support structures within the City may be filed with the BOW which shall hold a public hearing on such petition within thirty(30)days of filing, and upon which a decision shall be made by the BOW within sixty (60)days of such filing; (D) Upon receipt of a petition for the construction, placement,or use of a small cell facility on one(1)or more new utility poles or one (1)or more new wireless support structures in the City,the City shall post notice of the petition on the City's Internet website with a statement that the petition is available to public upon request;and (E) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the City shall be applied in a nondiscriminatory manner. 5. Emergency. Due to the statutory deadline by which the BOW must take action, an emergency is hereby declared and this Resolution shall be binding and effective immediately upon its adoption and execution. Should Senate Enrolled Act 213 not become law for any reason,this Resolution shall not take effect. r DULY PASSED,ADOPTED AND RESOLVED BY THE JEFFERSONVILLE BOARD OF PUBLIC WORKS AND SAFETY ON THIS THE 28TH DAY OF APRIL, 2017. CITY OF RISINGS , INDIANA BOARD OF P LI _ ORKS A SAFETY Mike Moore,Ma or `'--- eovan, er Rob Wa embe Attest: Vicki Conlin, Clerk