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? 1 R, t CITY OF NORTH OLMSTED ORDINANCE NO. 96-123 BY: MAYOR ED BOYLE AND THE ENTIRE COUNCIL ???'?' AN ORDINANCE APPROVING A NEW SEWER CAPITAL CHARGES AGREEMENT BETWEEN THE CITY OF NORTH OLMSTED AND THE CITY OF FAIRVILEW PARK UNDER WHICH A PORTION OF THE CITY OF FAIItVIEW PARK IS SERVED BY THE CITY'S SANITARY SEWER SYSTEM MODIFYING THE EXISTING CAPITAL CHARGES AGREEMENT, AUTHORIZING THE EXECUTION OF THE NEW AGREEMENT, AS AMENDED AND DECLARING AN EMERGENCY. 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 WHEREAS, the City entered into an agreement with the City of Fairview Park, Ohio has heretofore established the Ward Five Sewer District (as heretofore or hereafter enlarged or otherwise reconstituted being hereinafter referred to as the "Service Area") pursuant to Chapter 6117, Ohio Revised Code, for the purpose of preserving and promoting the public health and welfare, and WHEREAS, the City entered into an agreement with the City of Fairview Park relating to capital charges 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 January 1, 1991 (the "Agreement") consistent with the deternunation of the City of Fairview Park to contract with the City for those services and the deternunation by the City to provide those services; and WHEREAS, this Council find it necessary and appropriate to enter into a new agreement with the City of Fairview Park to modify the prior agreement and thereby to set forth the respective rights and obligations of the City and the City of Fairview Park 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 Park and the City of Fairview Park sanitary sewers within the Service Area tributary to the North Olmsted Sanitary Sewer System: and