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<br />I <br /> <br />PLACED ON 1ST READING & REFERRED to <br />COMMITTEE of'the WHCLE on 6/19/95, <br /> <br />PLACED ON 2nd READING on 8/8/95. <br /> <br />ORDINANCE NO, 56-95 <br /> <br />BY: Boscia, Flannery., Gibbons, <br />See lie, Smith <br /> <br />AN EMERGENCY ORDINANCE authorizing the Mayor, on behalf of the <br />Cîty, to enter into an easement agreement grantîng to THE OHIO BELL TELEPHONE <br />COMPANY (Ohio Bell) an easement over a portion of real property located at <br />13028 Madison Avenue, Lakewood, Ohio, and known as Madison Park. for the <br />purpose of upgrading, installing, and maintaining telecommunications <br />equipment. <br /> <br />WHEREAS! the City ;s the owner of real property located at 13028 <br />Madison Avenue. known as Madison Park; and <br /> <br />WHEREAS, Ohio Bell is upgrading telecommunications equipment <br />serving a portion of the Cityš and <br /> <br />WHEREAS, an easement over a portion of the real property located <br />at 13028 Mad; Son Avenue ; snecessary to accommodate the tel ecommuni cati ons <br />equipment to be installed and maintained by Ohio Bell; and <br /> <br />WHEREAS, in exchange for sai d easement, Ohi 0 Bell wi 11 pay the <br />City the sum of two thousand dollars ($2,000,00); and <br /> <br />WHEREAS, it is in the best interest of the Ci ty to grant an <br />easement to Ohio Bell for the purpose of upgrading, installing, and <br />maintaining telecommunications equipment; and <br /> <br />WHEREAS, this ordinance constitutes an emergency measure providing <br />for the immediate preservation of the public health, safety, and welfare for <br />the reason immediate installation of the subject -telecommunications equipment <br />w~ll improve the safety of the citizens of the City; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO <br /> <br />Section 1, Tf\ät the Mayor, on behalf of the City, be and he is <br />hereby authori zed and di rected to enter into an easement agreement whereby the <br />City grants to The Ohio Bell Telephone Company an easement over a portion of <br />real property located at 13028 Madison Avenue, Lakewood, Ohio, known as <br />Madison Park, for purposes of upgrading, installing, and maintaining <br />telecommunications equipment; said agreement to be in a form substantially <br />similar to that in attached Exhibit A and to contain such terms and conditions <br />as deemed necessary by the Director of Law to protect the public interest. <br /> <br />Section 2, It is found and determined that all formal actions of <br />this Coune; 1 concerning and relating to the passage of this ordinance were <br />adopted in an open meeting of this Council, and that all such deliberation of <br />the Council and of any of its committees that resulted in such formal action <br />Were in meetings open to the public in compliance with all legal requirements. <br /> <br />~ Section 3. That this ordinance is hereby declared to be an <br />emergency measure for the reasons stated in the preamble hereof and provided <br />it recei ves the affi rmati ve vote of two-thi rds óf a 11 members elected to <br />Council, it shall take effect and be in force i mmedi atel y upon its adoption <br />and approval by the Mayor; otherwise, it shall take effect and be in force <br />after the earliest period allowed by law, <br /> <br />Adopted: ~~/qr:{' <br /> <br />Jok ß;;ue:- <br /> <br />President <br /> <br />Approved: A:rk.'W-t-L~ 1} ) '1 9.( <br /> <br /> <br />J.~ <br /> <br /> <br />-.-.....-"' <br />