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<br />~~~~, <br />CITY OF NORTH OLMSTED <br />7Q - <br />RESOLUTION N0._1 <br /> <br />A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO JOIN <br />WITH OTHER MUNICIPALITIES IN LITIGATION AGAINST THE <br />CITY OF CLEVELAND TO DETERMINE THE RIGHTS OF THIS <br />MUNICIPALITY AND ITS RESIDENTS TO WATER SERVICE FROM <br />THE CITY OF CLEVELAND AND TO ENFORCE SUCH RIGHTS; <br />AUTHORIZING THE CUYAHOGA COUNTY MAYORS AND CITY <br />MANAGERS ASSOCIATION TO 000'ttDINATE FUNDS THEREFOR: <br />AND DECLARING AN EMERGENCY. <br />WHEREAS, the City of Cleveland provides water which is distributed <br />to the residents of this municipality; and <br />WHEREAS, in violation of agreements between this municipality and <br />the City of Cleveland and in violation of responsibilities of the City <br />of Cleveland and rights of this municipality and its residents, the city <br />of Cleveland has previously refused to provide new water tap-in permits <br />in this municipality; and <br />WHEREAS, the continuance or re-imposition of such illegal action <br />is a continuing threat to this municipality and its residents, causing <br />grave concern; and <br />WHEREAS, the City of Brecksville, by and through its Law Director, <br />Earl Longley, has filed a suit with regard to such violation which is <br />pending in the Court of Common Pleas of Cuyahoga County, Ohio; <br />NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH <br />OLMSTED OF CUYAHOGA COUNTY, STATE OF OHIO, THAT: <br />Section 1. This municipality shall join with all other affected <br />municipalities enacting similar legislation in all proper legal action to <br />enforce its rights and the rights of its residents to continued and un- <br />interrupted water service from the City of Cleveland and the provision of <br />water service to new locations in this municipality by the City of Cleveland, <br />and authorizes its inclusion as a party plaintiff in such action. <br />Section 2. The Cuyahoga County Mayors and City Managers Association <br />is authorized to coordinate such a lawsuit and to employ such professional <br />assistance as it may deem necessary to the speedy successful conclusion of <br />such litigation. <br />Section 3. The Clerk is authorized, empowered and directed to certify <br />a copy of this legislation to the Executive Secretary of the Cuyahoga County <br />Mayors and City Managers Assocation. <br />Section 4. The sum of $346.00 is hereby appropriated and shall be <br />paid to the Cuyahoga County Mayors and City Managers Association for the <br />purpose of paying the expenses incidental to the coordination of such activity <br />and employment of professional assistance, which funds shall be held in escrow, <br />disbursed as necessary and accounted for at reasonable intervals or at any time <br />upon request, with the unused portion of funds to be returned to this munici- <br />pality at the conclusion of litigation. <br />