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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 98- 37 <br />BY: MAYOR M[TSIAL <br />ANORDINANCEAUTHORIZING THEMA.YOR OF THE CI7Y OF <br />NORTH OLMSTED TO ENTER INTO LEASES WITH <br />CABLEVISION OF THEMIDWES?; INC., AM) NORTHERN OHIO <br />INTERCONNECT, ING, FOR THE PURPOSE OF RENEWING <br />AND ENYENNG INTO NEW LEASES OF CERTAIN LANDS <br />OWNED BY THE CITY OF NORTH OLMSTED AT THE <br />RECREATION CENTER C0MPLEXAND USED INCONNECTION <br />WITH THE CABLEVISION CABLE TELEVISION FRANCHISE, <br />AND DECLARING ANEMERGENCY. <br />WHEREAS, this Council has previously determined and continues to believe that certain <br />properry of the City at the Recreation Center Complex, described in the leases hereinafter referenced, <br />is not and during the term of such leases will not be needed for any municipal purposes; and <br />WHEREA.S, this Council has heretofore, by Ordinance 96-88 passed on September 17, 1996, <br />renewed a non-exclusive franchise to Cablevision of the Midwest, Inc., for the continued operation <br />of its cable television system serving the City; and <br />WHEREAS, during the year 1997, Cablevision of the Midwest, Inc., continued to lease said <br />referenced City lands on an oral month-to-month tenancy; and <br />WHEREAS, this Council has tabled, or will table, Ordinance No. 97-67, which provided for <br />a written lease of said referenced City lands to Cablevision of the Midwest, Inc., for the year 1997 <br />only, on mootness grounds; and <br />WHERF,A.S, this Council has determined that the proposed renewal and new leases of such <br />properry as hereinafter provided will be in the best interests of the City, and the rental to be received <br />thereunder will not be less than the fair market rental, and that such leases will be consistent with the <br />grant of public utility franchise referred to above and will reserve to the City the regulatory powers <br />with respect thereto required by the Charter in connection with the construction and operation of a <br />public utility on public real estate; and <br />WHERF..9.S, this Council has learned that the current lessee, Cablevision of the Midwest, Inc., <br />has proposed, for business reasons, that the City lease part of the said City lands to it on a short term <br />basis, and the balance of the City lands to a related corporation, viz., Northern Ohio Interconnect, <br />Inc., for a longer term; and <br />