52-08 AT&T Easement - Laserfiche WebLink

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PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WAOLE 4/21/08, 2ND ~READINE 5/5/08. ORDINANCE NO. '52-08 BY: Antonio, Bullock, Butler> Dever, Madigan, Powers, Summers. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council, otherwise, it shall take effect and be in force after the earliest period allowed by law, authorizing the Mayor on behalf of the City of Lakewood to enter into agreements necessary to grant an Exclusive Easement and aNon-Exclusive Easement to The Ohio Bell Telephone Company, d/b/a AT&T Ohio, for placement of and access to equipment used in the transmission of signals used in the provision of communication, video and /or information services on property located aY 1422 Belle Avenue. WHEREAS, 1422 Belle Avenue, Lakewood, Ohio, bearing Permanent Parcel Number 314- 04-050 is currently titled to the City of Lakewood; and WHEREAS, said property is being leased to the Lakewood Hospital Association; and WHEREAS, AT&T has. proposed placing equipment necessary for provision of their services on this parcel and the granting of these easements is necessary to placement of that equipment; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF tAKEW00D; and that it is necessary for the immediate preservation of the. public property, health and safety, and to provide for the usual daily operation of municipal departments in that the City needs to cooperate with AT&T for placement of Lightspeed Boxes to make services available to the public in a timely manner. Now Therefore BE IT ORDAINED BY THE C1TY OF LAKEWOOD, STATE OF OHIO: Section 1, That the Mayor, on behalf of the City of Lakewood is hereby authorized to enter into agreements necessary to grant an Exclusive Easement (attached at Exhibit A) and a Non-Exclusive Easement (attached as Exhibit B) to The Ohio Bell Telephone Company, d/b/a AT&T Ohio, for placement of and access to equipment used in the transmission of signals used in the provision of communication, video. and /or information services on property located at 1422 Belle Avenue. Sectior. 2. It is fcuhd and determined That all formal actions of this Council concerning and relating to the passage of this Ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements. Section 3. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council