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Resolution 2015-094
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Resolution 2015-094
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10/8/2015 5:40:26 PM
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10/8/2015 5:40:26 PM
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North Olmsted Legislation
Legislation Number
2015-94
Legislation Date
10/6/2015
Year
2015
Legislation Title
Eminent Domain Proceedings Pine School Property
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CITY OF NORTH OLMSTED <br /> RESOLUTION NO. 2015—94 <br /> BY: Mayor Kennedy & Council Member Barker <br /> A RESOLUTION AUTHORIZING AND DIRECTING THE <br /> DIRECTOR OF LAW TO COMMENCE EMINENT DOMAIN <br /> PROCEEDINGS AGAINST THE CITY OF NORTH OLMSTED <br /> BOARD OF EDUCATION FOR THE ACQUISITION OF <br /> REAL PROPERTY LOCATED AT PINE SCHOOL FOR THE <br /> CONSTRUCTION OF A STORM WATER RETENTION <br /> BASIN,AND DECLARING AN EMERGENCY. <br /> WHEREAS, as a result of recent flood events in the City of North Olmsted, Mayor <br /> Kennedy requested that the City Engineer recommend improvements to the Storm Water Sewer <br /> Collection System; and <br /> WHEREAS, the City Engineer identified an area in North Olmsted that will provide <br /> potential relief to residents living in the vicinity of Pine School; and <br /> WHEREAS, undeveloped property currently owned by the North Olmsted Board of <br /> Education and located to the rear of Pine School on Dover Center Road (hereinafter "Property") <br /> has an open ditch that serves as a confluence of three (3) storm water sewer collection mains <br /> flowing from the southern boundary line (the point of confluence) to the boundary line on the <br /> north, where a single main flows to the north off of the Property; and <br /> WHEREAS, the ditch bisecting the Property currently has capacity to detain <br /> approximately 400,000 gallons of storm water; and <br /> WHEREAS, the City Engineer has proposed that an area consisting of approximately 5.3 <br /> acres located at the Property, part of which is currently occupied by the open ditch, would be <br /> suitable upon which to construct a new and revised storm water detention basin, serving to <br /> increase capacity to approximately 1,050,000 gallons of storm water; and <br /> WHEREAS, the proposed storm water detention basin at the Property would assist in <br /> keeping storm water flowing from the south of the Property, while also restricting the flow of <br /> storm water to the north of the site by detaining it at the point of confluence; and <br /> WHEREAS, the City of North Olmsted has been unsuccessful in negotiating a price with <br /> the North Olmsted Board of Education to purchase approximately 5.3 acres of currently <br /> undeveloped property owned by the Board of Education; and <br /> WHEREAS, the Constitution of the State of Ohio and the Ohio Revised Code authorize <br /> municipalities like North Olmsted to commence appropriation proceedings (eminent domain) <br /> against owners of real estate when the property is needed for a public purpose, including the <br /> construction of a sewerage system; and <br />
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