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<br />Resolution No. 2007-55 <br />WHEREAS, this Council specifically objects to any diminishment of the revenue it <br />receives from video/cable providers which use the City's rights-of-way as a part of their business <br />activities; any erosion of the City's ability to require universal service for all residents and <br />businesses within the City; any erosion of the City's right to require traditional community <br />enhancements such as dedicated public, educational and governmental (PEG) access facilities <br />and Institutional Network (I-Net) capacity from video/cable providers using the City's rights-of- <br />way; any erosion of the City's ability to ensure adequate customer service provided by <br />video/cable operations; and any provision which diminishes the City's authority to manage its <br />public rights-of-way or otherwise infringes upon its Home Rule authority under the Ohio <br />Constitution. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: It is hereby declared that this Council is opposed to Ohio S.B. 117, <br />presently before the Energy and Public Utilities Committee of the Ohio Senate, and urges the <br />Ohio Legislature to oppose and defeat S.B. 117 and any other legislation which would further <br />erode local government control and authority over the use of its rights-of-way in video/cable <br />service providers utilizing its rights-of-way. <br />SECTION 2: The Clerk of Council is hereby directed to serve a certified copy of this <br />Resolution upon Governor Ted Strickland; and upon State Senator Robert Spada; and upon the <br />members of the Ohio Senate's Energy and Public Utilities Committee. <br />SECTION 3: That this Resolution is hereby declared to be an emergency measure <br />immediately necessary far the preservation of the public health, safety and welfare, and further <br />for the reason that it is necessary that this Resolution go into effect immediately due to <br />timeliness; and further provided it receives the affirmative vote of two-thirds of all members of <br />Council, it shall take effect and be in force immediately upon its passage and approval by the <br />Mayor. , <br />PASSED: 1,6-?l o) d 0 <br />A ST.• <br />u.?c <br />G7? ? IZL - <br />(iCilerk ARBARA L. SEMAN <br />of Council <br />APPROVED: <br />MAYOR THOMAS E. O 'GRADY <br />First Reading: <br />Second Reading: <br />Third Reading: . <br />Committee: <br />;!__ '111-2? <br />KEVIN M. KENNEDY <br />President of Council <br />APPROVED AS TO LEGAL FORM: <br />/s/James M. Dubelko <br />JAMES M. D UBELKO <br />Director of Law <br />2 <br />