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Ordinance No. 2005 -63 "1334.10 LANDMARKS; FEE, DEPOSIT AND EXPENSES REIMBURSEMENT WAIVER. (a) The fee, deposit and expense reimbursement provisions of Sections 1334.03(d), 1334.04, and 1334.07(g) of this Chapter may be waived for any non profit organization that applies for a permit to move a North Olmsted Landmark within or out of the City of North Olmsted. For purposes of this Chapter, "Landmark" shall have the same definition as provided in Chapter 165 (Landmarks Commission) of the Administrative Code. (b) In order to obtain such a waiver, a non - profit organization must certify in writing to the Building Commissioner: (1) That the organization qualifies for and is exempt from federal income taxation as a non - profit organization under Section 501(c)(3) of the Internal Revenue Code; and (2) That, despite good faith efforts to raise sufficient funds to pay the City's permit fees and deposits, and to reimburse the City for the expenses the City will incur in providing governmental services for the moving of the Landmark, the organization has been unable to do so and further delay in moving the Landmark will jeopardize the organization's efforts to preserve the Landmark. (c) Nothing contained in this Section shall be construed as a waiver of any right to recover that the City may have under this Chapter or otherwise against any such non profit organization, or any other person or entity, for any damage or injury caused to any highway, street or alley, sidewalk, fire hydrant or other property of the City, in the course of or incidental to the removal of any building or other structure over, along or across any street in the City." SECTION 2: That the operation of any Ordinance, or part of any Ordinance in conflict or inconsistent with any provision of this Ordinance is, to the extent of any such conflict or inconsistency, repealed. SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the further reason that this legislation must go into effect immediately in order that the historic Congregational Church at the corner of Barton and Lorain Roads may be saved, and further provided it receives the affirmative vote of two- thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. 2