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.,r . ? <br />~y <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 81- 2 <br />BY : JAMES BOEHMER <br />AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY <br />OF NORTH OLMSTED TO ENTER INTO AN AGREEMENT WITH <br />WESTSHORE CABLE TV FOR THE PURPOSE OF LEASING <br />LAND FROM THE CITY OF NORTH OLMSTED AT THE NORTH <br />OLMSTED RECREATION COMPLEX, UPON WHICH SITE WILL <br />BE CONSTRUCTED A BUILDING ADDITION TO THE NORTH <br />OLMSTED RECREATION COMPLEX, TOGETHER WITH A PORTION <br />OF LAND DIRECTLY BEHIND THE NORTH OLT-1STED RECREATION <br />COMPLEX WHICH WILL BE USED FOR A HEAD-END FACILITY, <br />AND DECLARING AN EMERGENCY, AS AMENDED. <br />WHEREAS, this Council has determined that certain property of <br />the City, described in the lease hereinafter referenced and being <br />currently unimproved land adjacent to the City necreation Complex <br />is not and during the term of such lease will not be needed for any <br />municipal purposes; and <br />WHEREAS, this Councilhasheretofore, by Ordinance 80-29 <br />passed on July 1, 1980, granted non-exclusive franchise to Westshore <br />Cable TV for the construction and operation of a cable television <br />system serving the City; and <br />WHEREAS, this Council has determined that the lease of such <br />property as hereinafter provided will be in the best interest of <br />the City, that the rental to be received thereunder will not be <br />less than the fair market rental therefor, and that such lease will <br />be consistent with the grant of public utility franehise referred, <br />to above and will reserve to the City the regulatory powers with <br />respect thereto required by the Charter in connection with the con- <br />struction and operation of a public ut-ility'on public,_real estate; <br />an d <br />WHEREAS, this Council has determined that it is in the best <br />interest of the City of North Olmsted to lease land upon which a <br />building will be constructed by Westshore Cable TV, and will, at the <br />same time, lease a portion of land directly behind the Recreation <br />Complex, for the purpose of establishing a head-end facility to be <br />used in?conjunction with the Westshore Cable TV facilities, and <br />WHEREAS, this Council desires to authorize and direct the <br />Mayor of the City of North Olmsted to enter into an agreement with <br />Westshore Cable TV. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That the Mayor is hereby authorized and directed <br />to enter into an agreement with Westshore Cable TV for the purpose <br />of leasing land at the North Olmsted Recreation Complex for the <br />construction of a studio building which will be attached to the <br />North 0lmsted Recreation Complex, together with a portion of land <br />directly behind the Recreation Complex, which will be used for a <br />head-end facility. Said agreement will be substantially in accordance <br />with the agreement which is attached hereto and made a part hereof and <br />marked Exhibit "A".