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authority and to create a conflict between County Ordinance 02019-005 and its home rule powers; and WHEREAS, it is the Council's express, specific intention to exercise its home rule authority to create a new Chapter 761 of the Codified Ordinances of the City of North Olmsted for the purpose of regulating the collection and recycling of plastic bags utilized in the retail setting at retail locations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: Pursuant to Ohio Constitution Art. XVIII, §3, City of North Olmsted Charter Art. II and Cuyahoga County Charter Art I, §102 all retail establishments in the City of North Olmsted are exempt from Cuyahoga County Ord. No. 02019-005, which creates a county- wide disposable bag ban. SECTION 2: Pursuant to Ohio Constitution Art. XVIII, §3, City of North Olmsted Charter Art. lI and Cuyahoga County Charter Art I, §102 all retail establishments in the City of North Olmsted may use disposable plastic bags and non -permitted bags notwithstanding Cuyahoga County Ordinance No. 02019-005. SECTION 3: As used in this Ordinance, "retail establishment," "disposable plastic bag" and "non -permitted bag" shall have the same meaning as in Cuyahoga County Ord. No. 02019-005. SECTION 4: That new Chapter 761 "Retail Disposable Bag Recycling," of Part Seven, "Business Regulation Code of the Codified Ordinances of the City of North Olmsted is hereby adopted and shall read as set forth in the attached Exhibit A which is fully incorporated by reference herein. SECTION 5: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. SECTION 6: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare and it is further necessary for this Ordinance to be in effect immediately in order to protect the real and corporate citizens of the City of North Olmsted from the unnecessary and significant burdens (including, but not limited to, significant potential fines to North Olmsted Corporate citizens arising from non-compliance with a poorly advertised new business regulation) associated with Cuyahoga County Ord. No. 02019-005. Therefore, provided this Ordinance receives the affirmative vote of five members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. 3