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/ / o ? 3 CITY OF NORTH OLMSTED ORDINANCE NO. 98- 52 BY: MAYOR NORMAN T. MUSTAL AND THE ENTIRE COUNCIL AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO ANAGI'EF.MEN7; MODIFYING THEEXISTING SEWER SERVICE AGRFY-A4EVTBETWEEN THE CITY OF NORTH OLMSTED AND THE CITY OFFAIRYIEW PARK UNDER WHICHA PORTION OF THE CI7Y OF FAIRITIEW PARK IS SERVED BY THE CI7Y'S SAIVITARY SEWER SYSTEM, AND DECLARING ANEMLRGENCY. WHEREAS, The City owns and operates a sanitary sewer system (the "North Olmsted Sanitary Sewer System,") which includes a collection system, lift stations, a wastewater treatment plant and appurtenances, which system presently has the capacity to collect and treat certain wastewater originating outside the City's corporate boundaries; and WHEREA.S, the City previously entered into an agreement with the City of Fairview Park, Ohio establishing the Ward Five Sewer District (as heretofore or hereafter enlarged or othervvise reconstituted being hereinafter referred to as the "Service Area"), pursuant to Cha.pter 6117, Ohio Revised Code, for the purpose of preserving and promoting the public health and welfare, and WHEREAS, the City, pursuant to Ordinance No. 90-35, entered into an agreement with the City of Fairview Park for the conveyance of wastewater from the Service Area to the North Olmsted Wastewater Treatment Plant and for the use of that plant to treat wastewater from the Service Area, dated 7anuary l, 1990 (the "Service Agreement") consistent with the determination of the City of Fairview Park to contract with the City for those services and the determination by the City to provide those services; and WHEREAS, this Council finds it necessary and appropriate to enter into a new agreement with the City of Fairview Park modifying the prior agreement and thereby setting forth additional and/or modified respective rights and obligations of the City and the City of Fairview Pazk with respect to the North Olmsted Sanitary Sewer System presently used, and hereafter to be used jointly by the City and the City of Fairview Pazk and the City of Fairview Pazk sanitary sewers within the Service Area tributary to the North Olmsted Sanitary Sewer System; and WHEREAS, the City, being authoriz,ed by Article XVIII of the Ohio Constitution, and the City of Fairview Park, acting under authority of the Ohio Revised Code, including Chapter 6117 thereof, aze fully empowered to enter into such an agreement; and WHEREAS, the proposed modifica.tions to the Service Agreement have been reviewed by the City and the City of Fairview Park, and have been filed with the Clerk of Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF