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ORDINANCE NO. 2008-47 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AUTHORIZING AND DIRECTING THE MAYOR <br />TO ENTER INTO A <br />DARK FIBER INDEFEASIBLE RIGHT TO USE ("IRU") AGREEMENT <br />BETWEEN ONECOMMUNITYAND MAYFIELD VILLAGE, OHIO <br />WHEREAS, the Village has found and determined it to be in the best interest of its residents <br />to promote economic development in the Village; and <br />WHEREAS, in furtherance of promoting economic development in the Village and in <br />coordination with Cuyahoga County, Beta Drive has been designated an Innovation Zone; and <br />WHEREAS, Mayfield Village in promoting the Innovation Zone for economic development <br />intends to enhance the development opportunities on Beta Drive through the installation, operation, <br />and maintenance of a fiber ring along Beta Drive, Wilson Mills, and SOM Center Roads; and <br />WHEREAS, in order to facilitate installation, operation, and maintenance of this fiber ring, <br />Mayfield Village has consulted OneCommunity; and <br />WHEREAS, ultimate end users of the ring, including Mayfield Village, will be provided <br />access to high speed internet services which are unmatched in the marketplace today: and <br />WHEREAS, in order to facilitate the installation, operation and maintenance of the fiber, the <br />Village wishes to enter into certain agreements with OneCommunity, including a Dark Fiber IRU <br />Agreement authorizing OneCommunity to purchase from the Village certain fibers for <br />OneCommunity's exclusive use and control. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF MAYFIELD VILLAGE, <br />OHIO, THAT: <br />SECTION 1. That the Mayor and President of Council are hereby and herein authorized and <br />directed to enter into a Dark Fiber IRU Agreement with OneCommunity in a form substantially <br />similar to that attached hereto and incorporated herein by reference as Exhibit A, which shall be <br />contingent upon the Village's receipt of grant funds from the Cuyahoga County Innovation Zones <br />Pilot Program. <br />SECTION 2. The Council finds and determines that all formal actions of this Council <br />relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resulting in such formal action, took place in <br />meetings open to the public, in compliance with all statutory requirements including the <br />requirements of Section 121.22 of the Ohio Revised Code. <br />