Ordinance 2016-27

AN EMERGENCY ORDINANCE
AUTHORIZING AND DIRECTING
THE MAYOR AND PRESIDENT OF COUNCIL TO ENTER INTO A STORMWATER PROJECT AGREEMENT
WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT

WHEREAS, the District is authorized to provide Stormwater Management of the Regional Stormwater System, including, among other things, planning, financing, design, improvement, construction, inspection, monitoring, maintenance, operation, and regulation for the proper handling of stormwater runoff and the development and provision of technical support information and services to member communities; and

WHEREAS, the District and the Village previously entered into a Regional Stormwater Management Program Service Agreement; and

WHEREAS, the District intends to construct a bank stabilization project along Beecher’s Brook in the Village; and

WHEREAS, the Village has requested the District perform the Village’s trail project, which consists of a trail connection at Beecher’s Brook within the District’s bank stabilization project, in coordination with the District’s project; and

WHEREAS, the Village and the District desire to enter into an agreement establishing the rights and obligations of the District and the Village during the performance of said projects.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT:

SECTION 1.    The Council of Mayfield Village, Ohio hereby authorizes and directs the Mayor and President of Council to enter into a stormwater project agreement with the Northeast Ohio Regional Sewer District for the construction of the “Beecher’s Brook Project” as set forth in the document  attached and incorporated by reference as Exhibit “A.”

SECTION 2. The Council finds and determines that all formal actions of the Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the health, safety and welfare of the residents of Mayfield Village.  It shall, therefore, take effect immediately upon passage by the affirmative vote of not less than five (5) members elected to Council and approval by the Mayor or otherwise at the earliest time allowed by law.