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CITY OF NORTH OLMSTED RESOLUTION NO. 2016 — 79 By: Mayor Kennedy A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE NORTH OLMSTED CITY SCHOOL DISTRICT IN ORDER TO PROVIDE FOR RIGHT OF ENTRY AND AUTHORIZING THE CITY TO COMMENCE CONSTRUCTION OF THE PINE SCHOOL BASIN IMPROVEMENT PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City of North Olmsted and the North Olmsted City School District have and continue to negotiate for the City's appropriation of the School District property located near Pine School for the purpose of expanding and increasing the capacity of storm sewer retention systems located within existing storm easement areas and ditches; and WHEREAS, the parties have memorialized the attached Agreement to permit the City to promptly enter upon School District property and to commence construction of the Pine School Basin Improvement Project, under reasonable notification and insurance provisions, subject to further negotiation and, if necessary, litigation to determine the price for appropriation of such property; and WHEREAS, this Council desires to authorize the Mayor to enter into an Agreement with the North Olmsted City School District in order to provide for right of entry and construction upon property owned by the School District pending further negotiation of the price to be paid by the City to the School District for appropriation of such property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor be and he is hereby authorized to enter into an Agreement with the North Olmsted City School District for right of entry and construction of public improvements on School District property at Pine School, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, which is in all respects hereby approved. SECTION 2: That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and further for the reason that it is necessary that this Resolution go into effect immediately to promptly bid and seasonally construct public infrastructure improvement of the storm water retention systems; and further provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: o—i--) 16 First Reading:7