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CITY OF NORTH OLMSTBTf ORDI NANCB No. 6 2 '"e .L__._,__ R Y AN ORAINANCB AUTHORIZING RBI~IBtJ& NT TO PHILIP BNGOGLIA OF THE COST O~ 3IIE IN~iT~I.~iTIC~t OP A CERTAIN 1ttIRTY•~IX II+t~H CULVISRT IN ~AMi~f~CTION MFITH THB STORM ~ SYSTBM OF THB CITY OF l~4RT'H 47[.1-'T'HD, AS A MORAL CLAIIYt, AN7~ IaBCLARII~IG AN BMBRENCY. RhAS, Philip Begoglia, owner a-f the Bngogiia and Cipiti Subdivision Ne. 2, su~itted improvement puns for said subdivision a.nd the City Bagineer detersatsed that the store sewers as proposed would make the storm sewer of the City of North Ousted in that area insdeq~cate; ud M~I~R, the Bagineer advised the Council that the iestallation ®f a thirty-six inch culvert frets Terrace Road in said subdivisi®a northerly to the northerly end of said subdivision where it would empty into an open ditch woeld be required to avoid overtasisg the City's storm sewer system and prevent flooding in the area, and WHBRHAS, Council, thr©ugh its c®mmittee a~ad with the approval of the entire Council, authorized the in- atallation of said culvert as part of the City's st~arm sewer :paten by said Philip Bag~0glia and agreed to reimbn=sa him for said installation at the reasonable coat there®f as determined by the City IIngineer; and WHBRPAS, said installation hsa been c0~pleted, inspected and approved by the City engineer bat that thr®uRh in- advertence, ao f ®rmal recozd of the above agreement was ever shown by legislation or otherwise; and 1~HBRBAS, except for the failure to observe the technical and legal requirements of coetracts with or icy a sunicipal Corp®rati©a, said sgreement would be legal sad binding in view of the fact that Council approved of said instaliati®n, peraitted it to be completed, inspected the sale sad has accepted the benefit of as improvement in Sts store sewer syst+~ for which it would norsaliy pay sad since all parties acted is good faith, this C©uecil determines that the City of birth Olmsted is morally obligated to pay the cast mf said installation as ap~red by the City Bngineer in the amount of ~-3,a27.A~ less $1Q8.3$ fvr various permits and inspection fees due the City of North Ohsted from Philip Bngagiia for a net amount of $3,118.b5. NC~1, THIIREFORfi, HE IT ORDAINBD by the C®uncl of the City of North ©issted, State of Ohio: Section is That this Council determines that the City of North Olmsted is morally obligated to pay to Philip EagoRlia the sus of ~3,11S.iS as reimbursement for the coeatru¢tion by hi' of an sdditi®n to the City's stars sewer system consisting of a 3b inch culvert f ram Terrace Road in said Sui~divsioa northerly to the northerly end of said subdivision to an epee ditch, and the payment of said sus to Philip ~ngogiia is hereby authorized. _ s. ,,