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f _- <br />NOV-01-2004 15:24 From:DIEMERT&ASSOC 4404426800 To:440 461 7349 P.2 <br />y ~~ne <br />~ORDINAN ~ <br />INTRODUCED BY. Mayor Rinker and Counc[I as a Whole <br />_ AN EMERGENCY ORDINANCE <br />AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A <br />LICENSE AGREEMENT WITH THE CI.EVEI.AND ELECTRIC ILLUMINATING <br />COMPANY AS AND FOR THE RIGHT TO CONSTRUCT, MAINTAIN, PATROL <br />ANI~ USE CERTAIN F~ROPERTY FOR AN ALL PURPOSE NON-VEHICULAR <br />PUBI-IC HIKING AND BIKING TRAIL AND RELATED PURPOSES <br />WHEREAS, the Village of Mayfield desires to construct an all purpose Hike <br />and Bike Trail throughout the Village in the interest of pramoting pedestrian travel <br />and for recreational purposes; and <br />WHEREA°S, certain property owned by The Cleveland Electric Hlurninating <br />Company is required to facilitate such purposes; and <br />WHEREAS, The Cleveland Electric Illuminating Company has agreed to <br />enter Into a License Agreement with the Village of Mayfield allowing the use of <br />such certain property for such purposes. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO THAT; <br />SECTION 1. The Village of Mayfield hereby authorizes and directs the <br />Mayor to enter into a License Agreement with The Cleveland Electric Illuminating <br />Company whereby The Cleveland Electric Illuminating Company has agreed to <br />grant the village the right to construct, maintain, patrol and use a certain part of <br />°their premises for an all purpose non vehicular public Hiking and Biking Trail anal <br />related purposes as more fu11y set forth in the License Agreement attached hereto <br />and incorporated herein by reference as Exhibit "A". <br />SEC OI~„~, The Council finds and determines that all formal actions of <br />this Council relating to the adoption of this Ordinance have been taken at open <br />meetings of this Counc(I; and that deliberations of th(s Council ar7d of I.ts <br />committees, resulting In such formal action, took plane In meetings open to the <br />public, In compliance with all statutory requirements including the requirements of <br />Section 121,22 of the Ohio Revised Code. <br />S C ON 3, This Ordinance is hereby declared to be an emergency <br />measure immediately necessary for the health, safety and welfare of the residents <br />of Mayfield Village, Ohio. It shall, therefore, take effect Immediately upon the <br />passage by the affirmative vote of not less than five (5) membors elected ~o <br />Council and approval by the Mayor or otherwise at the earliest time allowed by <br />law. <br />