2013-088 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED ORDINANCE NO. 2013 - 88 By: Mayor Kennedy AN ORDINANCE APPROVING AN AMENDED AND RESTATED SEWER SERVICE AGREEMENT WITH THE COUNTY OF CUYAHOGA; AND DECLARING AN EMERGENCY. WHEREAS, the City has recently begun the construction of certain major capital improvements to the Wastewater Treatment Plant serving the City and a portion of Cuyahoga County's Sewer District No. 14 (the "Construction Project"); and WHEREAS, by reason of the Construction Project and of other relevant considerations, the City and the County of Cuyahoga (the County) have determined it to be necessary and appropriate to enter into an agreement to amend and restate their prior sanitary sewer service agreement and thereby to confirm and clarify their respective rights and obligations with respect to the portions of the North Olmsted Sanitary Sewer System presently used, and hereafter to be used, jointly by the City and the County and with respect to the County sanitary sewers and other wastewater collection facilities that are tributary to that System; and WHEREAS, the City is authorized by Sections 3, 4 and 6 of Article XVIII of the Ohio Constitution and the County, by its Charter and the Ohio Revised Code, including Chapter 6117 and Sections 307.15 and 6117.41 thereof, to enter into such an amended and restated agreement; and WHEREAS, representatives of the City and the County have negotiated a proposed form of such an amended and restated agreement for consideration and approval by their respective Councils, a copy of which has been placed on file with the Clerk of Council; and WHEREAS, this Council has determined to approve that agreement. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: The Mayor and the Director of Finance are authorized and directed to sign and deliver, in the name and on behalf of the City and in their official capacities, an Amended and Restated Sewer Service Agreement between the City and the County of Cuyahoga in substantially the form now on file with the Clerk of Council. That Agreement is approved, together with any changes or amendments that are not inconsistent with this ordinance and not substantially adverse to the City and that are approved by the Mayor, the Director of Finance and the Director of Law on behalf of the City, all of which shall be conclusively evidenced by the signing of the Agreement or amendments thereto and its or their written approval as to form by the Director of Law. The Mayor, the Director of Law, the Director of Finance and other appropriate City officers are also authorized and directed to take any and all other actions as are necessary and appropriate to carry out the obligations of the City under the Agreement and are consistent with this ordinance.