8853-16 Fiber Optic Network with Board of Ed

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Read & referred to Committee of the Whole 2/16/16. Deferred 3/7/16. RESOLUTION NO. 8853 -16 BY: Anderson, Bullock, Litten, Marx, O'Leary, O'Malley. A RESOLUTION to take effect immediately provided it receives the vote of at least five members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing the Mayor to enter into an agreement with the Board of Education of the Lakewood City School District to authorize the connection of the public school buildings to the fiber optic network that is currently under construction within the city of Lakewood. WHEREAS, the City has approved the construction of a fiber optic network that will connect city facilities and allow for the provision fiber connection through the commercial corridors within the city of Lakewood; and WHEREAS, the network was designed with the intention of permitting access and connection of the public and private schools within the city if those entities chose to connect to the network; and WHEREAS, the City and the Board wish to enter into an agreement that will govern the connection of the public school facilities to the fiber network; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood 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 construction of the fiber network has already begun; now, therefore, BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Mayor is hereby authorized to enter into an agreement with the Board of Education of the Lakewood City School District for the connection of the public school facilities to the fiber network in substantially the same form as "Exhibit A." Section 2. It is found and determined that all formal actions of this council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its connnittees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This resolution 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