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RESOLUTION'NO. 5159 BY:
<br />
<br />Messrs. Brockman, Msgnotto, Mcbride,
<br />Sinagra, Usher
<br />
<br /> AN EMERGENCY RESOLUTION authorizing and dt. rae~i~g ~e ~rector ~ Law,
<br />either in conjunction with other master meter suburbs, or other affected commuui-
<br />ties, or solely 0n behalf of the City, to prosecute an action in the Common Pleas
<br />Court of Cuyahoga CoUnty to enjoin the City of Cleveland from collecting the new
<br />Water rate established by the City of Cleveland effective July 1~ 1976, and to
<br />determine, enforce and protect the rights and privileges of the residents of
<br />Lakewood relating thereto.
<br />
<br /> WHEREAS, On June 28, 1976 the City of Cleveland, without prior notice
<br />to the suburbs, adopted a new schedule for water rates, to he effective J~ly 1,
<br />1976, wherein the rate charged the City of LakewoOd was ~ncreased from $1.68
<br />1,000 cubic feet of ~ater to $3.15 per 1,000 cubic feet, and
<br />
<br /> WT~RE~S~ while all suburbs of the City of Cleveland arc affected h¥
<br />said rate i~crease, the increase to the City of La~ewood, one of five master
<br />meter suburbs, is among the highest in the County, and
<br />
<br /> WHEREAS, because of the proximity of this City to the City of Clewed;md.
<br />the fact that the City receives no services from the City of Cleveland and that
<br />the C~ty owns its own distribution system~ this Council is of the opinion that
<br />the aforementioned rate increase is unreasbnable, unjust and discriminatory as
<br />to the City of LakewOod, and
<br />
<br /> WHEREAS, this Council is of the opinion that the City of Lskewood,
<br />either in conjunction with other master meter suburbs, or solely on behalf of its
<br />own residents, should take whatever legal action is necessary to enjoin the City
<br />of Cleveland from eol!lecting said rate increase, and
<br />
<br /> WHEREAS, th%s Resolution constitutes an emergency measure providing for
<br />the immediate preservation of the public health, safety and welfare and for th~
<br />usual daily operationI of a municipal department; now, therefore,
<br />
<br />BE IT REsoLvED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That the Director of Law, on behalf of the City of Lakewood,
<br />is hereby authorized~nd direeted, either in conjunction with other master meter
<br />snburbs, or other affected communities, or solely on behalf of the City, to
<br />prosecute an action in the Common Pleas Court of Cuyahoga County, to enjoin the
<br />City of Cleveland from collecting the new water rate established by the City of
<br />Cleveland effective July 1, 1976 and to determine, enforce and protect the rights
<br />and privileges of the residents of Lakewood relating thereto.
<br />
<br /> Section 2. That this Resolution is hereby declared to be an emergency
<br />measure for the ~easons stated in the preamble hereof and provided it receives
<br />the affirmative vote of two-thirds of all members elected to Council, it shall
<br />take effect and be lin force immediately upon its adopt~n and approval by the
<br />Mayor.~
<br />
<br /> PreSident
<br />
<br />
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