5030 - 74 Join litigation regarding water rates

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RESOLUTION NO. 5030 BY: Messrs. Sinagra, Usher, Brockman, Magnotto, Chinnock, McBride AN EMERGENCY RESOLUTION to authorize joining with other municipali- ties in litigation against the City of Cleveland with regard to water rates; authorizing the Suburban Water Rate Committee of the Cuyahoga County Mayors and City Managers Association to coordinate efforts and receive and expend funds therefor; and.declaring an emergency. WHEREAS~ some or all of the residents of this community receive water service from the City of Cleveland either directly or through this sub- urb by means of a master meter; and WHEREAS, the City of Cleveland established new rates for water service affecting residents of this community, on or about September, 1974, and in addition thereto, has established a surcharge on all water furnished or used through meters larger than one inch, inclu'ding master meters, as well as a maintenance charge to all direct service water customers located outside the City of Cleveland, and WHEREAS, the City of Cleveland prior to the passage of the new rates dip not consult or negotiate with this municipality but did in fact arbitrar- ily, unilaterally, and capriciously set rates which are judged by this Council to be discriminatory, excessive and confiscatory~ and that Cleveland continues to give away free water to certain of its governmental and non-profit users without the same right to this suburb, while maMing this suburb subsidize said cost; and WHEREAS, it has been reported to the water consumers that the opera- tion of the water filtration, purification and distribution system of the City of Cleveland may be unable to cope with the requirements of the residents of this suburb in the foreseeable future and it has been further reported that the funds raised by the rates charged by the City of Cleveland are being imprudently and unnecessarily applied so that the most pressing problems are not being solved and that the rates are not based on any scientific, reasonable or proper rate structure; and WHEREAS, this municipality and its residents have been deprived of rights and property by the actions of the City of Cleveland in unlawfully raising water rates and establishing new charges, and unlawfully giving away ~free water, thus necessitating immediate concerted action to prevent further deprivation, to recover losses suffered to date, and to insure adequate water service in the future; and WHEREAS, by reason of the foregoing the regionalization of the Cleve- land water.system is vitally necessary in order to provide and maintain adequate and equitable water service in the future, and WHEREAS, ,this resolution consitutes an emergency measure providing for the immediate preservation of the public health and safety and welfare, for the usual daily operation of a municipal department, and to institute legal action at the earliest d~te, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LAKEWOOD, CUYAHOGA COUNTY, STATE OF OHIO, THAT: Section 1. This municipality shall join with all other affected municipalities enacting similar legislation in all proper action to determine and enforce its rights'and the rights of its residents with regard to the rates charged by the City of Cleveland for water furnished by that City and authorizes the inclusion of this municipality as a party plaintiff in any legal action inci- dental thereto, including cooperation and negotiation for the regionalization of the Cleveland Water System. Section 2. This municipality shall join with all other affected muni- cipalities enacting similar legislation in sponsoring engineering and technical