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CITY OF NORTH OLMSTED ORDINANCE NO.97-74 BY: MAYOR BOYLE AN ORDINANCE DESIGNATING A PERCENTAGE OF REVENUES DERIVED FROM THE LEASE OF CITY PROPERTY FOR COMMERCIAL ANTENNA SITES TO THE CITY'S ECONOMIC DEVELOPMENT FUND, AS TWICE AMENDED, AND DECLARING AN EMERGENCY. WHEREAS, the federal Telecommunications Act of 1996 provides that municipalities may, through their zoning codes, regulate the placement of telecommunications facilities within the various districts of the municipality; and WHEREAS, the City intends, from time to time, to use City property as sites for such telecommunications facilities where feasible and where the impact upon surrounding residential properties may be minimized; and WHEREAS, the City has already, pursuant to Ordinance No. 97-41, entered into a lease with AT&T Wireless providing for the lease of certain City-owned land at Clague Park for such purpose; and WHEREAS, it is the desire of this Council that a portion of the revenues generated by the use of such City-owned property as a site for telecommunications facilities be designated to the Economic Development Fund established by Ordinance No. 93-24, and the balance to be used exclusively for City recreation purposes; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That twenty-five percent (25 %) of the cash downpayment received from AT&T Wireless in connection with the lease of City-owned property at Clague Park for use as a telecommunications facility be designated to the Economic Development Fund established by Ordinance No. 93-24. The remaining seventy-five percent (75%) of said downpayment from AT&T Wireless, and all other revenues received by the City from AT&T Wireless and any other telecommunications entity in connection with the lease of City-owned land used as a site for a telecommunications facility shall be designated for the City's Recreation Fund. SECTION 2: That the Director of Finance be and he is hereby directed to record receipts from said leases of City-owned land used as sites for telecommunications facilities consistent with the provisions of this Ordinance. SECTION 3: That the Clerk of Council. shall immediately forward an attested copy of this Ordinance to the Auditor of Cuyahoga County and the Auditor of the State of Ohio. ~..~kMpCm!11a~ _ q.r~; , w„ a,. _, .~-..^, .,._.~.imv~Iilrae...+aF'PRMkhnM~ie*~Q~,,.,, s.r~„y~, x .. , , . .. ,~s > . . - kr ,a.a o. ~ .: ~.,~'r, e