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70-068 Ordinance
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70-068 Ordinance
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Last modified
1/10/2014 3:32:18 PM
Creation date
1/7/2014 5:03:59 AM
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North Olmsted Legislation
Legislation Number
70-068
Legislation Date
4/7/1970
Year
1970
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,fix A ~ C~ <br /> <br />COOPERATIVE AGREEMENT <br />FOR CONSTRUCTION, MAINTENANCE AND OPERATION <br />OF WASTE WATER FAClL1TY <br />OWDA No. C-1 <br />(11 - 69) <br />THIS AGREEMENT made and entered into as of the,.~day of , 197Q, by <br />and between the OHIO WATER DEVELOPMENT AUTHORITY, a body torpor a and politic <br />organized and existing under the provisions of Chapter 6121 of the Revised Code of Ohio <br />(hereinafter refereed to as the "OWDA") and City of North Olmsted ~ a municipal corporation <br />organized and existing under the laws of the State of Ohio and acting pursuant to an ordinance or <br />resolution passed by the legislative authority thereof on, an.20 , 197 0, (hereinafter referred to as <br />the "LGA"); <br />WITNESSETH: <br />WHEREAS, the OWDA has been created to carry forward the declared public policy of <br />the State of Ohio to preserve, protect, upgrade, conserve, develop, utilize and manage the water <br />resources of the state, to prevent or abate the pollution of water resources, to promote the <br />beneficial use of waters of the state for the protection and preservation of the health, safety, <br />convenience, and welfare, and the improvement of the economic welfare and employment <br />opportunities of and the creation of jobs for the people of the state, and to assist and cooperate <br />with other governmental agencies in achieving such purposes through the establishment, operation <br />and maintenance of water development projects pursuant to Chapter 6121 of the Revised Code; and <br />WHEREAS, the sewerage system (hereinafter referred to as the "Utility") of the LGA <br />will require the supply of services for the collection, and/or treatment and disposal of waste water <br />from the construction, operation and maintenance of the waste water facility defined herein as the <br />Project Facilities (hereinafter referred to as the "Services") to operate the Utility; and <br />WHEREAS, the LGA is desirous of obtaining the necessary Services for its Utility in <br />cooperation with the OWDA; and <br />WHEREAS, the OWDA is willing to cooperate with the LGA in obtaining such Services to <br />the LGA on condition that the OWDA can reasonably be assured that the LGA will, through <br />payment of the charges hereinafter provided for, contribute its just and proportionate share of the <br />expenses relating thereto for the purposes of: (a) providing capacity in the Project Facilities for the <br />Services to the LGA hereunder; and (b) to the extent provided herein, operating and maintaining <br />the Project Facilities; and <br />WHEREAS, the OWDA and LGA have determined to enter into this Agreement to set <br />forth their respective obligations with respect to the financing, construction, operation and <br />ownership of the Project Facilities; <br />NOW, THEREFORE, in consideration of the premises and the mutual convenants herein <br />contained, the parties hereto do hereby agree as follows: <br />ARTICLI? 1 - DEFINITIONS <br />Except where the context clearly indicates otherwise, the following as used in this <br />
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