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RESOLUTION NO. 2007-07 PAGE TWO WHEREAS, SB 117 would prohibit the Village from enforcing reasonable cable customer service standards determined by the community, as permitted by current Federal law; and WHEREAS, this further encroachment on local authority to monitor and regulate video/cable service providers using the Village's rights-of-way to provide video/cable service to the Village's residents is not in the Village's best interest and is strongly opposed by this Council; and WHEREAS, this Council specifically objects to any diminishment of the revenue it receives from video/cable providers which use the Village's rights-of-way as a part of their business activities; any erosion of the Village's ability to require universal service for all residents and businesses within the Village; any erosion of the Village's right to require traditional community enhancements such as dedicated public, educational and governmental (PEG) access facilities and Institutional Network (I-Net) capacity from video/cable providers using the Village's rights-of-way; any erosion of the Village's ability to ensure adequate customer service provided by video/cable operations; and any provision which diminishes the Village's authority to manage its public rights-of-way or otherwise infringes upon its Home Rule authority under the Ohio Constitution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO THAT: SECTION 1. It is hereby declared that this Council is opposed to Ohio S.B. 117, presently before the Energy and Public Utilities Committee of the Ohio Senate, and urges the Ohio Legislature to oppose and defeat S.B. 117 and any other legislation which would further erode local government control and authority over the use of its rights-of-way in video/cable service providers utilizing its rights-of-way. SECTION 2. The Clerk of Council is hereby directed to serve a certified copy of this Resolution upon Governor Ted Strickland; and upon State Senator [State Senator for the District• See http: //??tiv1a?. senate. state. oh. us/senators/andex. htnzll ; and upon the members of the Ohio Senate's Energy and Public Utilities Committee. SECTION 3. The Council finds and determines that all formal actions of the Council relating to the adoption of this Resolution have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public in compliance with all statutory requirements including the requirements of Section 12122 of the Ohio Revised Code. SECTION 4. This Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Mayfield Village. It shall, therefore, take effect immediately upon passage by the