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Ordinance No. 93 - 1_ 34 Page 2 <br />WHEREAS, this Council finds it necessary and appropriate to enter <br />into a new agreement with the County to supersede the prior agreement <br />and thereby to set forth the respective rights and obligations of the <br />City and the County with respect to the North Olmsted Sanitary Sewer <br />System presently used, and hereafter to be used, jointly by the City and <br />the County and the County sanitary sewers within the Service Area <br />tributary to the North Olmsted 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 <br />Code, including Chapter 6117 and Section 307.15 thereof, are fully <br />empowered to enter into such an agreement; and <br />WHIItEAS, the proposed Sewer Service Agreement, which ha,s been <br />reviewed by he City and the County, has been filed with the Clerk of <br />this Council; <br />NOW THEREFORE, BE IT ORDAINED by the Council of the City of North <br />Olmsted, Cuyahoga County, Ohio, that: <br />Section l: It is hereby determined to be necessary for the City to <br />enter into a Sewer Service Agreement with the County of Cuyahoga, Ohio, <br />under which the Service Area will be served by the North Olmsted <br />Sanitary Sewer System (the "Agreement") which Agreement will supersede <br />the Prior Agreement. The Agreement is hereby approved in substantially <br />the form on file with the Clerk of Council, and the Prior Agreement is <br />superseded as provided in the Agreement. <br />Section 2: The Mayor and the Director of Finance are hereby <br />authorize an directed to execute the Agreement, and the Director <br />of Law is hereby authorized and directed to approve the Agreement, in <br />substantially the form now on file with the Clerk of Council, with only <br />such changes therein as are not substantially adverse to the City and <br />are approved by the Mayor, the Director of Finance and the Director of <br />Law, and the character of any such changes as not being substantially <br />adverse to the City, shall be evidenced conclusively by the execution <br />of the Agreement by the Mayor and the Director of Finance and the <br />approval of the Agreement by the Director of Law. <br />Section 3: This Council finds and determines that all formal <br />actions of this Council concerning and relating to the passage of this <br />ordinance were taken in an open meeting of this Council and that all <br />deliberations of this Council and of any of its conmnittees that resulted <br />in those formal actions were in meetings open to the public in <br />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, <br />safety and welfare of this City, and for the further reason that this <br />ordinance is required to be immediately effective to enable the City to <br />implement the Agreement and begin collecting user charges in the Service <br />Area in accordance with the terms of the Agreement; wherefore, this <br />ordinance shall be in full force and effect imwdiately upon its passage <br />and approval by the Ma.yor.