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xEsoLUTzoN #449 <br />B? ? Ntr. ? Hopkins <br />A, RESOI,UTION AGREETNG TO IPA-Y -4 £'ROR&TED SHARE <br />OF THE_ C06TS ANII MEISSES 2N CONNECTgON WITH <br />NEGOTTATTOIB CR . TiIE COURT A.CTION UN. SEVA.GE.. <br />RATES.PROPCSED T0. BE CH¢?.RGED. BY THE CITY 4F <br />CLEVEi-AID o . . <br />WFEIREAS, the Council of the City of Cleveland has enacted an ordinance <br />3ncreasing setirerage serv3.ce charges provided to premises within th3.s municipal3ty' <br />and Cleveland offieial.s have decliried to negotiate such px°opesed 3.ncrease and <br />have arbitrarily placed the charge in effect' wi.thmut -Ehe consent of th3.s <br />Counci.1.' t;,hex°eby eausing a.rrepax°able injuzy to'such property OT/anersg who have <br />no other available means of discharging wastes; and <br />- WHEREAS, it -is the g3.era of coun5el selec-ted by the Cuyahoga Covnty <br />Mayors and City Nianagers Association •that sucYi. increased charge is disc3bimi.na- <br />tory' inequit,ab].e' excessive,,grossly unreasanable and un].awful, and such <br />caunsel have filed an aetion noia pend3ng. as Gause Nor 712,,003 on the docket of <br />the Cc»nmon P].easCourt of Cuyahoga County, seek3.ng 3njunctiqre' and bther equifi;'. <br />able relief. for the benefit of this municipal3ty ar_d its property owners; and <br />'fr7HCREAS, eertairi emsts and expenses' 3.ne3.uding 1.ega1 ard engineeri.ng <br />services9, have been or will be a.ncu.rred before fi.nal detertns.nati.en of sueh <br />ac-tion' and a commi.ttee of the Cuyahoga County Mayors and City Managers Assoc- <br />' iation' consisting of the Hono Kenneth J. Simse Frank P. Ce].este, Lawrence Ef <br />' Murtaugh ard Grant T. ?,ptYimrp has recommended a proration oi all of such costs <br />, and expenses of sueh la.t3.gation and negatiations., a copy of which report is <br />heret,o attached,q marked Fxhibit "Att axid made a part hereof, and the Boaid af <br />Gountg Cammissa.oners of Cuyahoga County has resolved to pay twrenty pereentaam <br />(20%) of such costs and expexses or Five Thousand Do].lars ($5'000900) which•• <br />; ever is. lovaer, as its prorated share, . ,_ <br />N%T fiHMREFOFiE BE IT RESOLVED BY THE COUNCII, OF THE VMAGrE OF. NIAYI+'SEI,D, <br />; STATE OF OH2Oa THAT: <br />SeeQ 1. That this Counc3l hereby agrees to pay its prorated share of <br />twentywtwo hundredtYis percent ( e22? ) of the cos ts and expenses incurred on <br />beha].:F of the eontributing municipali.ties and the Cuyahoga County Board of <br />County Connnissioners 3.n the negotiations and in th.e prosec;ution of. the court <br />aetion i.ai canneetion with sevrage rafizs to be charged by the City of Cleveland, <br />such perceni;age to be computed after deducfi,3.on from such co5ts and e$penses of <br />twenty percentum (201o) or Five Thmxsand Do1l,ars-45s000.00' whichever is the <br />1mTers to be paid.-by_.the Boatd of County.Coirmiissioners of Cuyahoga County. <br />Such share shall be paid by the fi.seal officer on receipt of invoiees as <br />authori.zed by the foregoin.g cam,ittee ox• its successors seleocted by the <br />Cuyahoga Cov.nty Mayors and City Managei^s AlBsoc3at3.on+