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, <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2002 - 89 <br />BY: Mayor Musial and the Entire Council. <br />AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO ANAGREEMENT <br />AMENDING THE EXISTING CAPITAL CHARGES AGREEMENT BETWEEN THE <br />CITY OF NORTH OLMSTED AND THE CITY OF FAIRVIEW PARK, IN ORDER TO <br />PROVIDE FOR THE ASSESSMENT OFADDITIONAL DEBT SERVICE CHARGES <br />TO THE FAIRVIEW PARK SERVICE AREA RELATING TO LOANS MADE TO THE <br />CITY OF NORTH OLMSTED F4R FIVE CAPITAL IMPROVEMENT PROJECTS <br />FROM 1992 TO 1997 WHICH, IN PART, BENEFITED THE FAIRVIEW PARK <br />SERVICE AREA, AND DECLARING AN EMERGENCY. <br />WHEREAS, the City of North Olmsted (the "City") owns and operates a sanitary sewer <br />system (the "Sanitary Sewer System,") which includes a collection system, lift stations, a wastewater <br />treatment plant and appurtenances, which system presently has the capacity to collect and treat certain <br />wastewater originating outside the City's corporate boundaries; and <br />WHEREAS, the City previously entered into an agreement with the City of Fairview Park, <br />Ohio establishing the Ward Five Sewer District, as heretofore or hereinafter enlarged or otherwise <br />reconstituted (the "Fairview Park Service Area"), pursuant to Chapter 6117, Ohio Revised Code, for <br />the purpose of preserving and promoting the public health and welfare, and <br />WHEREAS, the City, pursuant to Ordinance No. 91-47, previously entered into an <br />agreement (the "Capital Charges Agreement") with the City of Fairview Park providing for Fairview <br />Park to pay to the City certain capital charges for capital improvement made to the North Olmsted <br />Sanitary Sewer System which benefited the Fairview Park Service Area, which agreement remains <br />in effect; and <br />WHEREAS, the Capital Charges Agreement includes provisions for assessing debt service <br />charges to the Fairview Park Service Area for debt incuned by the City during the period 1970 <br />through 1986 to construct certain capacity and treatment capability capital improvements to the <br />Sanitary Sewer System's wastewater treatment plant, which benefits the Fairview Park Service Area; <br />and <br />WHEREAS, during the period 1992 through 1997, the City borrowed monies to construct <br />five capital improvements to the Sanitary Sewer System (described in the five ensuing whereas <br />clauses which follow), which, among other benefits, allowed for a needed increase in the annual <br />average and daily maximum flows from the Service Area to be transported and treated by the Sanitary <br />Sewer System; and <br />