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Ordinance No. 96-123 Page 2 WHEREAS, the City, being authorized 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, are fully empowered to enter into such an agreement: and WHEREAS, the proposed Sewer Capital Charges Agreement, which has been reviewed by the City and the City of Fairview Park, has been filed with the Clerk of Council; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION I: It is hereby deternuned to be necessary for the City to enter into a Sewer Capital Charges Agreement with the City of Fairview Park, Ohio under which the Service Area will be served by the North Olmsted Sanitary Sewer System (the "Agreement") which Agreement will modify the Prior Agreement. The Agreement is hereby approved in substantially the form on file with the Clerk of Council, and the Prior Agreement is modified as provided in the Agreement. SECTION 2: The Mayor and the Director of Finance are hereby authorized and directed to execute the Agreement, and the Director of Law is hereby authorized and directed to approve the Agreement in substantially the form now on file with the Clerk of Council, with only such changes therein as are not substantially adverse to the City and are approved by the Mayor, the Director of Finance and the Director of Law, and the character of any such changes as not being substantially adverse to the City, shall be evidenced conclusively by the execution of the Agreement by the Mayor and the Director of Finance and the approval of the Agreement by the Director of Law. SECTION 3: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in those formal actions were in meeting open to the public in compliance with the law. SECTION 4: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare, of this City and for the further reason that this Ordinance is required to be immediately effective to enable the City to implement the Agreement and begin collecting charges in the Service Area in accordance with the terms of the Agreement; wherefore, this ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor.