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ORDINANCE NO. 9SgA By Mr. Spanur <br /> <br /> An emergency ordinance fixing the water rent to be charged for public <br />and parochial schools in the City of Lakewood from June 1, <br /> <br /> Whereas, G. C. 9969 provides that no charge shall be made by a city <br />or water works department thereof for supplying water for the use of public <br />school buildings in such oity~ and <br /> <br /> Whereas, aider ex+,ensive litigation the supreme court of Ohio has made <br />a decision that this section of the General Code is a violation of ~ection <br />4 Article XVIII of the Constitution (118 O.Se 295) and it results in the <br />taking of private property for public use without oompensa%ton, and <br /> <br /> Whereas, the court of appeals of Cuyahoga County in the ease of the <br />city of East Cleveland vs. the Board of Education of the city school <br />district of the city of East Cleveland follows the decision of the supreme <br />court and holds that the schools must pay for the water used; and <br /> <br /> Whereas, an emergency exists to provide for the immediate preserva- <br />tion of the public property, health and safety, arising from the necessity <br />of prescribing rates for rental cf water used by public and parochial schools <br />and providing for the daily operation of the Department of Public Works. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY T~ COUNCIL OF THE CITY OF LAKEWOOD, <br />0HIO: <br /> <br /> Section i. That the rental to be charged and collected from the <br />public and parochial schools of the city of Lakewood is hereby fixed and <br />the Director cf P~blic Works is hereby directed and authorized to assess <br />and collect water rental- beginning June 1, 1953 from the public and par- <br />ochial schools for such premises supplied with water in the City of Lake- <br />wood as follows: <br /> <br /> Eighty cents (80~) per thousand cubic feet with a minimum charge of <br />$~.60 per half year for each meter, and said ra~e shall be in force on all <br />bills sent to such consumers for water furnished from June 1, 19335 that <br />all bills not paid within thirty days of the date of mailing, a penalty of <br />ten per cent cf the bills shall be added. <br /> <br /> Section 2. That all ordinances and parts of ordinances inconsistent <br />herewith shall be repealed to the ex~end of such inconsistency. <br /> <br /> Section 9. That this ordinance is hereby declared to be an emergency <br />measure for reasons stated in the preamble and shall be in full force <br />i~mediately upon its adoption and approval by the Mayor. <br /> <br />Adopted: , April 17, 19~ <br /> <br />Morris ~. Phillips. <br /> Presiden~ <br /> <br />Approved= A. I. Kauffman H.A., Reee <br /> Mayor Clerk <br /> <br /> <br />