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RESOLUTION N0. 779 By Mr. Fitzgerald A RESOLUTION JOINING WITH OTHER MUNICIPALITIES IN LITIGATION AGAINST THE CITY OF CLEVELAND WITH REGARD ^10 SEWER RATES: AUTHORIZING THE CUYAHOGA COUNTY MAYORS AND CITY MANAGERS ASSOCIATION TO COORDINATE FUNDS THEREFOR; AND DECLARING AN''EMERGENCY WHEREAS, this municipality has heretofore contra cted with the City of Cleveland to have the City of Cleveland provide sewage treatment to residents of this community; and WHEREAS, the rate to be charged for such service is specified in the contract as $1.12 per thousand cubic feet of water used in direct service sutiurbs, discounted in the case of master meter suburbs, which rate can be amended only upon certain notice, negotiation and agreement between the City of Cleveland and this municipality; and WHEREAS, through the auspices of the Cuyahoga County Mayors and City Managers Association negotiations on this sub- ject were held during 1969 and 1970 even though the notice requirements of the contract had been violated, with no agree- ment being reached even though this municipality was acting in good faith; and WHEREAS, effective January 1, 1970, the City of Cleveland, in violation of its contract obligations, raised the rate to be charged to $1.98 per thousand cubic feet of water used, with appropriate discounts for master meter suburbs; and WHEREAS,: attempts to reach a negotiated agreement after the illegal imposition of higher rates have proven fruit- less ; and WHEREAS, it is the policy of this Council to encourage necessary pollution control measures regardless of cost ~o long as such measures are efficient and effective; and WHEREAS, the City of Cleveland has violated its con- tract with this municipality without demonstrating the neces- sity, efficiency or effectiveness of either the present opera- tion or the proposed programs, NOW THEREFORE;