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?. 2 <br />RESOLUTION N0. $70 <br />Introduced by: Council as a Whole <br />A RESOLUTION TO AUTHORIZE JOINING WITH OTHER MUNICIPALITIES <br />IN LITIGATION AGAINST THE CITY OF CLEVELAND WITH REGARD TO <br />WATER RATES; AUTHORIZING THE SUBU.RBAN WATER I2ATE COMMITTEE <br />OF THE CUYAHOGA COUNTY MAYORS AND CITY MANAGERS ASSOCIATION <br />TO COORDINATE EFFORTS AND RECEIVE AND EXPEND FUNDS THEREOF; <br />AND DECLARING AN EMERGENCY <br />WHEREAS, some or all of the residents of this community receive water <br />service from the City of Cleveland either directly or through this suburb by means <br />of a master meter; and <br />WHEREAS, the City of Cleveland established new rates for water service affect- <br />ing.residents of this community, on or about September, 1974, and in addition thereto, <br />has established a surcharge on all water furnished or used through meters larger than <br />one inch, including master meters, as well as a maintenance charge to all direct ser- <br />vice water customers located outside the City of Cleveland, and <br />WHEREAS, the City of Cleveland prior to the passage of the new rates did not <br />consult or negotiate with this municipalit.y but did in fact arbitrarily, unilaterally, <br />and capriciously set rates which are judged by this council to be discriminatory, <br />excessive and confiscatory, and that Cleveland continues to give away free water to <br />certain of its governmental and non-profit users without the same right to this suburb, <br />while making this suburb subsidize said cost; and <br />WHEREAS, it has been reported to the water consumers that the operation•of the <br />water filtration, purification and distribution system of the City of Cleveland may <br />be unable to cope with the requirements of the residents of this suburb in the for". <br />seeable future and it has been further reported that the funds raised by the rates <br />charged by the City of Cleveland are being imprudently and unnecessarily applied so <br />that the most pressing problems are not being solved and that the rates are not based <br />on any scientific, reasonable or proper rate structure; and <br />WHEREAS, this municipality and its residents have been deprived of rights and <br />property by the actions of the City of Cleveland in unlawfully raising water rates <br />and establishing new charges, and unlawfully giving away free water, thus necessitating <br />immediate concerted action to prevent further deprivation, to recover losses suffered <br />to date, and to insure adequate water service in the future; and <br />WHEREAS, by reason of the foregoing the regionalization of the Cleveland <br />water system is vitally necessary in order to provide and maintain adequate and <br />equitable water service in the future, and <br />WHEREAS, this resolution constitutes an emergency measure providing for the <br />immediate preservation of the public heal.th and safety and welfare, for the usual <br />daily operation of a municipal department, and to institute legal action at the earliest <br />date, now, therefore,