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? <br />' ? - . • A"?, <br />- 2 - <br />? <br />? <br />WHEREAS, because they cause the inflow and infiltration of excessive <br />storm water into the System resulting in backups, bypasses and overflows <br />posing a serious threat to the public health, safety and welfare, this Council <br />has determined that those deteriorated private lateral sewers and improper <br />connections constitute public nuisances; and <br />WHEREAS, this Council has determined that, as and for a public <br />purpose, it is necessary and appropriate and in the best interest of the City <br />and its inhabitants to provide for rehabilitation and reconstruction of <br />deteriorated private lateral sewers and for the disconnection of roof <br />downspouts, exterior foundation drains, runaway drains, and other collectors <br />of storm water drainage from the System and sources tributary to the System in <br />order to abate the public nuisances and the consequent threat to the public <br />health, safety and welfare that they present, to assist the City in complying <br />with EPA requirements relating to inflow and infiltration of storm water into <br />the System and to promote the effective and efficient operation of the System; <br />and <br />WHEREAS, this Council has determined pursuant to and consistent with <br />the City's authority under applicable general laws and Article XVIII, Section <br />3 and Article XVIII, Section 4 of the Ohio Constitution to appropriate moneys <br />available in the City's Sewer Revenue Fund for that public purpose; <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North <br />Olmsted, Cuyahoga County, Ohio, that: <br />Section 1. Pursuant to and consistent with the City's authority <br />under applicable general laws and Article XVIII, Section 3 and Article XVIII, <br />Section 4 of the Ohio Constitution, this Council hereby determines that the <br />City shall (i) rehabilitate and reconstruct deteriorated private lateral <br />sewers in this City which are tributary to the System and (ii) disconnect roof <br />downspouts, exterior foundation drains, runaway drains and other drains in the <br />City which are tributary to private lateral sewers and the System in contra- <br />vention of the Codified Ordinances of the City and are causing the inflow and <br />infiltration of storm water into the System, in each case for the purposes of <br />abating those conditions which constitute public nuisances threatening the <br />public health, safety and welfare, assisting the City in complying with EPA <br />requirements relating to the limitation of inflow and infiltration of storm <br />water into the System and promoting the effective and efficient operation of <br />the System. <br />Section 2. After advertising according to law and approval by the <br />Board of Control, the Mayor is authorized and directed to enter into a <br />contract or contracts with the lowest and best bidder for the improvements <br />provided for in Section 1. The Mayor, the Director of Finance, the Director <br />of Law, the Director of Public Service and other appropriate City officials <br />are authorized and directed to obtain all necessary permits, licenses and <br />approvals and take all other necessary actions consistent with this ordinance <br />to accomplish the purposes set forth in Section 1. <br />Section 3. The amount of $981,837 is hereby appropriated from the <br />Sewer Revenue Fund for the purposes set forth in Section 1, and the Director <br />of Finance is authorized and directed to make appropriate certification as to <br />the availability of those funds for those purposes and to issue an appropriate <br />order for payments as amounts become due and payable.