§ 58-61. Legislative findings and purpose.

(a)

The City of North Muskegon ("city") is currently in the process of designing and planning for the major reconstruction of Ruddiman Drive ("Ruddiman") between Lake Avenue and Buys Road, as a result of a major grant from MDOT. In addition, the city intends to make other infrastructural improvements to and along Ruddiman, including repairing sewer and water mains, replacement of streetlights, improving handicapped ramps and bike lanes.

(b)

The city has established a firm schedule for the completion of the Ruddiman improvement project, including dates for the commencement, target dates for subprojects, and for conclusion of the project.

(c)

As an essential part of the process of improving Ruddiman and its related infrastructure, the city has determined that it is necessary to relocate underground all overhead electric utility, cable television, telecommunication and other lines and wires currently running along, across, adjacent to and/or over Ruddiman, its intersections and to private property adjacent to Ruddiman. In connection with this line and wire relocation, the city has determined that all poles related to overhead facilities equipment to the overhead lines should also be removed to the maximum extent possible.

(d)

The governmental functions and purposes of this relocation of overhead lines and wires and removal of poles and related overhead facilities equipment include, but are not limited to, the following public health, safety and welfare concerns of the city:

(1)

To allow for public improvement of the reconstruction and repair of the part of Ruddiman that runs through the city, and improvement and repair of related infrastructure including handicapped ramps, bike paths, sewers, water mains, and street lighting.

(2)

To relieve the utility, transportation and infrastructural burden on Ruddiman, which is a heavily traveled road through business and residential neighborhoods as a result of being the primary route to the state park, serving the city and surrounding communities.

(3)

Improvement of the city's aesthetic environment through removal of unsightly poles, lines, wires and related overhead facilities equipment out of view of the public.

(4)

Enhancement of traffic operational safety in the city by the removal of utility poles and overhead lines and wires and other overhead facilities equipment.

(5)

To improve protection of electrical, cable, telecommunications and other service lines, wires, poles and related overhead facilities equipment from weather damage, damage from vehicle accidents and other causes, in order to reduce service interruptions to residents of and businesses in the city.

(6)

To increase safety of city residents and persons traveling on Ruddiman from falling or downed lines, wires, poles and overhead facilities equipment.

(7)

Improvement of operational reliability of electrical utility, cable television, telecommunications and other services currently provided by overhead lines and wires.

(8)

Enhancement of existing and potential business and residential development and other land use along Ruddiman recognizing the pattern of development including different (a) physical locations of structures and curb cuts, (b) set backs, (c) location of and limits to rights-of-way, and (d) location of utility poles and overhead lines and wires.

(e)

The city has the power and authority to enact this article pursuant to, among other sources, the Michigan Constitution (Art. 7, Sec. 29), the Home Rule Act (MCL 117.4h), North Muskegon Charter (Chapter 22, Secs. 22.61, 22.63), North Muskegon Telecommunications Rights-of-Way Ordinance (Chapter 60, Sec. 60.31 et seq.), various ordinances and agreements, existing legal precedent, applicable Michigan Public Service Commission rules and the city's general police power to protect the public health, safety and general welfare.

(Ord. No. 504, 12-20-2004)