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4783 - 70 Join litigation against water rates
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4783 - 70 Join litigation against water rates
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Last modified
5/14/2013 3:11:09 PM
Creation date
11/29/2006 4:54:31 AM
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Office Of Council
Document Type
Resolutions
Date
11/29/2006
Date Adopted
8/26/1970
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<br />er, <br /> <br />h <br /> <br />Us <br /> <br />Kelley, <br /> <br />Iluffman <br /> <br />Craber, <br />Wendling <br /> <br />BY: <br /> <br />4783 <br /> <br />RESOLUTION NO <br /> <br />r~í <br /> <br />AN EMERGENCY RESOLUTION to authorize joining with other <br />municipalities in litigation against the City of Cleveland with <br />regard to water rates; authorizing the Cuyahoga County Mayors and <br />City Managers Association to coordinate efforts and receive funds <br />therefor; and declaring an emergency <br /> <br />WHEREAS, some or all of the residents of this community <br />receive water service from the city of Cleveland either directly <br />or through this suburb by means of a master meter and <br /> <br />WHEREAS, effective May 1, 1970, the City of Cleveland <br />established new rates for water service affecting residents of thls <br />community and <br /> <br />WHEREAS, the City of Cleveland prior to the passage of <br />the new rates did not consult, advise, inform or negotiate with this <br />municipality but did in fact arbitrarily, unilaterally, and cap- <br />riciously set rates'which are judged by this council to be discrim- <br />inatory, excessive and disadvantageous to this community and lts <br />residents; and <br /> <br />WHEREAS, it has been reported by the Cuyahoga County <br />Municipal Engineers Association and the Cuyahoga County Mayors and <br />City Managers Association that the operation of the water filtration, <br />purification and distribution system of the City of Cleveland may be <br />unable to cope with the requirements of the residents of this suburb <br />in the forseeable future and it has been further reported that the <br />funds raised by the rates charged by the City of Cleveland are being <br />imprudently and unnecessarily applied so that the most pressing <br />problems are not being solved and that the rates are not based on <br />any scientific, reasonable or proper rate structure and, <br /> <br />WHEREAS, this municipality and its residents have been <br />deprived of rights and property by the actions of the City of <br />Cleveland in raising water rates, thus necessitating immediate <br />concerted action to prevent further deprivation, to recover losses <br />suffered to date, and to insure adequate water service in the future, <br />and, <br /> <br />WHEREAS, this resolution constitutes an emergency measure <br />providing for the immediate preservation of the publlc health and <br />safety and for the usual daily operation of a municipal department, <br />now, therefore, <br /> <br />LAKEWOOD, <br /> <br />RESOLVED BY THE COUNCIL OF THE CITY OF <br />STATE OF OHIO THAT: <br /> <br />BE IT <br />CUYAHOGA COUNTY, <br /> <br />Section 1. This municipality shall join with all other <br />affected municipalities enacting similar legislation in all proper <br />action to determine and enforce its rights and the rights of its <br />residents with regard to the rates charged by the City of Cleveland <br />for water furnished by that city and authorizes the inclusion of <br />this municipality as a party plaintiff in any legal action lncidental <br />thereto <br /> <br />Section 2. This municipality shall join with all other <br />affected municipalities enacting similar legislation in sponsoring <br />engineering and technical studies to determlne the proper rate <br />structure for the Cleveland Water System in order to gain insurance <br />that the problems of the future have been well considered and to <br />provide testimony in any legal action whlch may be instltutcd under <br />Section 1 of this Ordinance <br />
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