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opl- <br />CITY OF NORTH OLMSTED <br />RESOLUTION NO. 2006 -134 <br />BY: Mayor O'Grady <br />A RESOL UTION A UTHORIZING THE DIRECTOR OF LAW TO <br />RETAIN OUTSIDE COUNSEL TO ASSIST THE CITY OF NORTH <br />OLMSTED IN MATTERS RELATING TO NEGOTIATING A VIDEO <br />SERVICES (FRANCHISE) AGREEMENT WITH AT&T AND, IN <br />ADDITION, TO PROPOSE RIGHT-OF-WAY REGULATIONS RELATED <br />THERETO, AND DECLARING AN EMERGENCY. <br />WHEREAS, Article V, Section 2 of the Charter provides that the Director of Law, <br />with the approval of City Council, may retain the services of outside counsel, where necessary <br />and appropriate, to assist in the performance of the duties of office; and <br />WHEREAS, the Director of Law has requested that this Council approve the retention <br />of special counsel to assist the City in responding to proposals by AT&T to negotiate a Video <br />Services (Franchise) Agreement with the City and to immediately install "lightspeed" fiber <br />optic video services equipment pedestal and related above ground electronic facilities within <br />City Right-of-Way; and <br />WHEREAS, the Director of Law has advised that this matter is urgent because state <br />law enables AT&T to compel an immediate response from the City with respect to proposed <br />equipment installations and due to the rapid pace at which Congress is considering legislation <br />that may limit the franchise fees offered to the City by AT&T; and <br />WHEREAS, the Director of Law has selected the Law Firm of Walter & Haverfield <br />LLP, which is a Cleveland law firm with a national reputation for telecommunications law <br />expertise, and which is currently engaged in negotiations with AT&T on behalf other Ohio <br />municipalities; and <br />WHEREAS, the City has previously utilized and is currently engaged the services of <br />said Law Firm in various telecommunication, video service and cable franchise negotiations <br />involving Adelphia and WideOpenWest Ohio LLC, which are similar in character; and <br />WHEREAS, it is accordingly the desire of this Council to approve the retention of <br />special counsel to assist the City in matters relating to said Video Service (Franchise) <br />Agreement and Right-of-Way regulations, as recommended by the Director of Law; <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: