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?r 2 ,.? <br />WHEREAS, by reason of the Construction Project and of other relevant <br />considerations, this Council finds it necessary and appropriate to enter into <br />a new agreement with the County to supersede the Prior Agreement and thereby <br />to set forth the respective rights and obligations of the City and the County <br />with respect to the North Olmsted Sanitary Sewer System presently used, and <br />hereafter to be used, ,jointly by the City and the County and the County <br />sanitary sewers within the Service Area tributary to the North Olmsted <br />Sanitary Sewer System; and <br />WHEREAS, the City, being authorized by Article XVIII of the Ohio <br />Constitution, and the County, acting under authority of the Ohio Revised Code, <br />including chapter 6117 and Section 307.15 thereof, are fully empowered to <br />enter into such an Agreement; and <br />WHEREAS, the proposed Sewer Service Agreement, which has been <br />reviewed by the City and the County, has been filed with the Clerk of this <br />Council; <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North <br />Olmsted, Cuyahoga County, Ohio, that: <br />Section 1. It is hereby determined to be necessary for the City to <br />enter into a Sewer Service Agreement with the County of Cuyahoga, Ohio, under <br />which the Service Area will be served by the North Olmsted Sanitary Sewer <br />System (the "Agreement"),which Agreement will supersede the Prior Agreement. <br />The Agreement is hereby approved in substantially the form on file with the <br />Clerk of Council, and the Prior Agreement is superseded as provided in the <br />Agreement. <br />Section 2. The Mayor and the Director of Finance are hereby <br />authorized and directed to execute the Agreement and the Director of Law is <br />hereby authorized and directed to approve the Agreement, in substantially the <br />form now on file with the Clerk of Council, with only such changes therein as <br />are not substantially adverse to the City and are approved by the Mayor, the <br />Director of Finance and the Director of Law. The approval of any such changes <br />by the Mayor, the Director of Finance and the Director of Law, and the <br />character of any such changes as not being substantially adverse to the City, <br />shall be evidenced conclusively by the execution of the Agreement by the Mayor <br />and the Director of Finance and the approval of the Agreement by the Director <br />of Law. <br />Section 3. This Council finds and determines that all formal actions <br />of this Council concerning and relating to the passage of this ordinance were <br />taken in an open meeting of this Council and that all deliberations of this <br />Council and of any of its committees that resulted in those formal actions <br />were in meetings open to the public in compliance with the law. <br />Section 4. This ordinance is declared to be an emergency measure <br />necessary for the immediate preservation of the public peace, health, safety <br />and welfare of this City and for the further reason that this ordinance is <br />required to be imtnediately effective to enable the City to implement the <br />Agreement and begin collecting user charges in the Service Area in accordance <br />with the terms of the Agreement; wherefore, this ordinance shall be in full <br />force and effect immediately upon its passage and approval by the Mayor. <br />Passed: 1988 <br />Attest: <br />/?? ? . <br />Clerk of Council President of Coun 1 <br />Approved: 1988 <br />Mayor <br />?