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ORDINANCE NO. 2011-04 _ <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 SUBSCRIBER SERVICE AGREEMENT <br />WITH PANZICA CONSTRUCTION CO. <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 />has enhanced the development opportunities on Beta Drive thru the installation, operation, and <br />maintenance of the Mayfield Village Fiber Network ("MVFN") along Beta Drive, Wilson Mills, and <br />SOM Center Roads; and <br />WHEREAS, Mayfield Village facilitated the installation, operation, and maintenance of the <br />MVFN, in coordination with OneCommunity; and <br />WHEREAS, ultimate end users of the .MVFN, including Mayfield Village, have access to <br />high speed intereet services which are unmatched in the marketplace today; and <br />WHEREAS, pursuant to Ordinance 2008-47, the Village entered into a Fiber Facilities <br />Construction and Provision of Services Agreement with OneCommunity to install, operate and <br />maintain the fiber .ring and pursuant to Ordinance 2009-43, the Village entered into a Master <br />Services Agreement and Related Subscriber Service Agreement with OneCommunity to provide <br />services over the MVFN; and <br />WHEREAS, based upon .the above, Mayfield Village wishes to enter into a Subscriber <br />Service Agreement with Panzica Construction Co. to provide Panzica Construction Co. with <br />connectivity to the MVFN. <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 Subscriber Service Agreement with- Panzica Construction Co. in a form. <br />substantially similar to that attached hereto and incorporated herein by reference as Exhibit "A". <br />SECTION 2. The Council finds and determines that all formal actions of this Council <br />1~ ~ 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 />