05-83 Water service agreement - approve court settlement

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ORDINANCE NO. 5-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE authorizing and directing the Mayor to enter into a Water Service Agreement with the City of Cleveland and approving a court settlement. WHEREAS, the City of Lakewood was joined with various other municipali- ties as a Plaintiff in Case Nos. 75-943313 and 76-957186 filed.in 'the Common Pleas Court of Cuyahoga County against the City of Cleveland, and WHEREAS, the various parties to said litigation have arrived at an understanding and series of agreements which are mutually acceptable to all con- cerned and which are intended to insure the efficient operation and improvement of the water services provided and the method of determining water rates to be charged by the City of Cleveland to the City of Lakewood, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the of the public health, safety and welfare, and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the City of Lakewood hereby consent to, approves and ratifies the dismissal of its claims against the City of Cleveland as set forth in Case Nos° 75-943313 and 76-g57186, pending in the Common Pleas Court of Cuya- hoga County. Section 2. That the Mayor be and he is hereby authorized and directed to enter into a Water Service Agreement with the City of Cleveland together with a Memorandum of Understanding relating to said water service agreement, copies of which are on file in the office of the Clerk of Council of the City of Lake- wood and are incorporated herein as if fully written. Section ~. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. Section 4. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force after the earliest period allowed by law and all ordinances or parts of ordinances inconsistent herewith shall be and the same are hereby repealed at such time. Approved.'~~ ~J-ERK