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ORDINANCE NO. 2005-21 <br />PAGE TWO <br />SECTION 2. Such consent is being granted based upon the conditions as <br />set forth in the Consent and Use Authorization Agreement which does not change <br />or amend any terms, covenants, conditions or provisions of the Lease Agreement <br />between Verizon and American Tower Delaware Corporation and which is <br />specifically incorporated into the Consent and Use Authorization Agreement <br />requiring both Verizon and American Tower. <br />SECTION 3. The Village of Mayfield, in consenting to the co-location of <br />Fibertower upon the 610 S.O.M. Center Tower does not consent to any further <br />sublease or transfer, other than that which has been explicitly consented to herein. <br />SECTION 4. 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 Council; and that deliberations of this Council and of its <br />committees, resulting in such formal action, took place 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 />SECTION 5. 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 affirmafive vote of not less than five (5) members elected to <br />Council and approval by the Mayor or otherwise at the earliest time allowed by <br />law. <br />WILLIAM BUCKH <br />Council President