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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2019 - 58 <br />BY: Mayor Kennedy <br />AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A <br />JOINT USE AGREEMENT WITH CUYAHOGA COUNTY <br />COMMUNITY COLLEGE DISTRICT, AS AN INSTRUMENTALITY <br />OF THE STATE OF OHIO, AND TO ACCEPT A SPECIFIC <br />APPROPRIATION OF CAPITAL RESOURCES IN THE AMOUNT <br />OF $200,000.00 FOR THE IMPROVEMENT OF, AND <br />MODIFICATION TO, THE FACILITIES COMPRISING THE CITY <br />OF NORTH OLMSTED DISASTER RECOVERY FIBER RING, AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, the 132nd General Assembly enacted House Bill 292 which includes <br />a specific appropriation of capital resources in the amount of $200,000.00, directed to <br />Cuyahoga County Community College District for improvements and modifications to <br />the facilities of the City of North Olmsted Fiber Ring; and <br />WHEREAS, City of North Olmsted will provide the College with use of its <br />facilities for student internships in Information Technology and Public Safety, subject to <br />the College making available students to participate in such programs as stated in the <br />Joint Use Agreement, in exchange for the capital funds all as set forth more definitively <br />in this Agreement; and <br />WHEREAS, Ohio Administrative Code §3333-1-03(E) requires a public <br />institution to submit to the Chancellor of the Ohio Department of Higher Education a <br />joint use agreement that contains the requirements in(E)(1)-(11) for review and approval; <br />and <br />WHEREAS, the College has demonstrated that the value of its use of City of <br />North Olmsted facilities are reasonably related to the amount of appropriation through the <br />worksheet included in this Agreement as Exhibit A and made a part hereof. <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: The Mayor be and he hereby is authorized to enter into a Joint Use <br />Agreement with the Cuyahoga County Community College District. The Agreement <br />shall be in form and substance substantially similar to the Agreement, marked as Exhibit <br />A and attached hereto, with only such changes to be hereinafter made in said contract as <br />are not substantially adverse to the City and which are approved by the Director of Law. <br />The character of any such changes as not being substantially adverse to the City shall be <br />evidenced conclusively by the execution of the Agreement by the Mayor and the <br />approval of the Agreement by the Director of Law. <br />SECTION 2: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public health, safety and welfare, and <br />for the further reason that it is immediately necessary to meet time deadlines for the <br />partnership; and further provided that it receives the affirmative vote of two-thirds of all <br />