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? CITY OF NORTH OLMSTED ORDINANCE N0. 88-92 BY: Mayor M. Yvonne Petrigac AN ORDINANCE APPROVING A NEW SEWER SERVICE AGREEMENT BETWEEN THE CITY OF NORTH OLMSTED AND THE COUNTY OF CUYAHOGA UNDER WHICH A PORTION OF OLMSTED TOWNSHIP IS SERVED BY THE CITY'S SANITARY SEWER SYSTEM, SUPERSEDING THE EXISTING AGREEMENT, AUTHORIZING THE EXECUTION OF THE NEW AGREEMENT, 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 County of Cuyahoga, Ohio (the "County") has heretofore established Cuyahoga County Sewer District No. 14 (District No. 14 as heretofore or hereafter enlarged or otherwise reconstituted being hereinafter referred to as the "District") pursuant to Chapter 6117, Ohio Revised Code, for the purpose of preserving and promoting the public health and welfare, the boundaries thereof being as indicated in Exhibit A attached hereto; and WHEREAS, included in the District is certain territory within Olmsted Township that is being served, or capable of being served, by the North Olmsted Sanitary Sewer System, which territory is herein referred to as the "Service Area" and bounded as indicated in Exhibit B attached hereto; and WHEREAS, the County has heretofore constructed, and plans to continue to construct, wastewater collection facilities for the District in accordance with its general plan of sewerage and sewage disposal for the District,as approved from time to time by its Board of County Commissioners, providing and to provide for delivery of wastewater originating in the Service Area to the North Olmsted Sanitary Sewer System; and WHEREAS, the City entered into an agreement with the County 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 April 15, 1965 (the "1965 Agreement") consistent with the determination of the County to contract with the City for those services and the determination by the City to provide those services; and WHEREAS, the City entered into a First Supplemental Agreement with the County, dated May 25, 1974 (together with the 1965 Agreement, the "Prior Agreement"), for the purpose of revising the schedule of sewer user rates and charges applicable to users of the North Olmsted Sanitary Sewer System in the Service Area; and WHEREAS, by Ordinance No. 84-122 and Ordinance No. 84-123, each passed by this Council on January 2, 1985, and Ordinance No. 85-5 passed by this Council on February 19, 1985, the City expanded the Service Area to the territory described in Exhibit B as requested by the County; and WHEREAS, the City has recently constructed certain major capital improvements to the wastewater treatment plant and collection system serving the City and the Service Area (the "Construction Project"), which improvements have been completed generally in accordance with the Plans and Project Manual regarding the same prepared by Dalton-Dalton-Newport (now known as URS Dalton), Cleveland, Ohio, and dated May 7, 1984; and