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<br />. •, , <br />10?_. <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 88- 89 <br />BY: MAYOR M. YVONNE PETRIGAC <br />AN ORDINANCE AMENDING SECTIONS 911.09(b) AND SECTION <br />911.10 OF CHAPTER 911 OF THE CODIFIED ORDINANCES OF THE <br />CITY OF NORTH OLMSTED, ENTITLED, "SEWERS GENERALLY," AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, it has always been, and still is, the intention of this <br />Council that property owners in Olmsted Township, who connect their <br />sanitary sewers to this City's system, pay a significantly greater "tap-in" <br />fee than North Olmsted property owners, because of the latter`s tax <br />contributions to the capital improvements of the City's sanitary sewer <br />system facilities; and <br />WHEREAS, it has always been, and still is, the belief of this Council <br />that the County of Cuyahoga, per an agreement with the City originating in <br />1965, and in amendments to the original agreement entered into from time to <br />time thereafter, accepted and concurred with the City's reasoning for <br />charging a significantly greater tap-in fee to Olmsted Township property <br />owners; and <br />WHEREAS, the City is presently engaged in litigation with an Olmsted <br />Township property owner who seeks to pay a significantly lesser tap-in fee <br />than a similarly-situated North Olmsted property owner would, arguing that <br />Section 911.09 of the North Olmsted Codified Ordinances, entitled "Sewer <br />Connections: Tap in Permit, Fee and Penalty," is not applicable to Olmsted <br />Township Property owners; and <br />WHEREAS, given the possibility, existing in any litigation, that the <br />court which must decide the foregoing action may, despite the City's <br />arguments, decide the case in favor of the Olmsted Township property owner, <br />this Council desires to amend certain sections of Chapter 911 of the City <br />of North Olmsted Codified Ordinances, entitled "Sewers Generally," in order <br />to clarify its intentions in establishing differing schedules of tap-in <br />charges for City and Olmsted Township property owners; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That Section 911.09(b) of Chapter 911 of the City of North <br />Olmsted Codified Ordinances, entitled "Sewers Generally," which, as now <br />titled and as now reads: <br />"(b) Schedule of Tap-In Charges Based on Benefited <br />1