Label
Proposed amendment to TMC 945.10
Department of Law
P. Syring (x1020)-Amendment May 26
Title
Amendment of Toledo Municipal Code Section 945.10 related to when a facility owner is or is not responsible to bear the costs associated with moving facilities located in a public right of way; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
On February 21, 2023, Council voted to approve the settlement of a lawsuit captioned City of Toledo v. Block Communications, Inc. that had been pending in the Lucas County Court of Common Pleas. Following Council approval, the case was dismissed. Part of the settlement agreement called for the City of Toledo to introduce an ordinance to make certain amendments to Toledo Municipal Code Section 945.10, which addresses, among other things, when a facility owner is or is not responsible to bear the costs associated with the relocation, removal, and alteration of position of facilities located in the public right of way. This ordinance fulfills that specific obligation of the settlement agreement. The agreement does not require Council to approve the proposed amendment to the TMC and, further, Council can exercise its full deliberative authority and take any course of action it determines is in the best interest of the City.
Summary
NOW, THEREFORE, Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code Section 945.10 which reads as follows:
945.10. Relocation, removal or abandonment of facilities.
(a) Every owner or operator of facilities located in the right of way or on public property shall, at its own expense, temporarily or permanently remove, relocate, change, support, hold or alter the position of any facility when the City shall have determined that such removal, relocation, change, support, holding or alteration is reasonably necessary for any one of the following reasons:
(1) the need to construct, repair, maintain, improve or use the right of wa...
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