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+'."' ! <br />~o.. <br />r:..X: <br />BY -1!~ .L.! ~ - Q ~ <br />CITY OF NORTH OLMS~T~E~D <br />RESOLUTION N0. <br />A RESOLUTION AUTHORIZING LAW DIRECTOR TO JOIN <br />WITH OTHER MUNICIPALITIES IN LITIGATION AGAINST <br />THE CITY OF CLEVELAND WITH REGARD TO WATER RATES; <br />AUTHORIZING THE CUYAHOGA COUNTY MAYORS AND CITY <br />MANAGERS ASSOCIATION TO COORDINATE EFFORTS AND <br />RECEIVE FUNDS THEREFOR; 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 <br />means of a master meter; and <br />WHEREAS, effective May 1, 1970, the City of Cleveland established new <br />rates for water service affecting residents of this community; and <br />WHEREAS, the City of Cleveland prior to the passage of the new rates <br />did not consult, advise, inform or negotiate with this municipality but did in <br />fact arbitrarily, unilaterally and capriciously set rates which are judged by <br />this Council to be discriminatory, excessive and disadvantageous to this <br />community and its residents; and <br />WHEREAS, it has been reported by the Cuyahoga County Municipal Engineers <br />Association and the Cuyahoga County Mayors and City Managers Association that <br />the operation of the water filtration, purification and distribution system <br />of the City of Cleveland may be unable to cope with the requirements of the <br />residents of this suburb in the foreseeable future and it has been further <br />reported that the funds raised by the rates charged by the City of Cleveland <br />are being imprudently and unnecessarily applied so that the most pressing <br />problems are not being solved and that the rates are not based on any scientific, <br />reasonable or proper rate structure; <br />NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED <br />OF CUYAHOGA COUNTY, STATE OF OHIO, THAT: <br />Section 1. This municipality shall join with all other affected munici- <br />palities enacting similar legislation in all proper action to determine and <br />enforce its rights and the rights of its residents with regard to the rates <br />charged by the City of Cleveland for water furnished by that City and authorizes <br />the inclusion of this municipality as a party plaintiff in any legal action <br />incidental thereto. <br />Section 2. This municipality shall. join with all other affected munici- <br />palities enacting similar legislation in sponsoring engineering and technical <br />studies to determine the proper rate structure for the Cleveland Water System <br />in order to gain insurance that the problems of the future have been well consider- <br />ed and to provide testimony in any legal action which may be instituted under <br />Section 1 of this Resolution. <br />Section 3. The Cuyahoga County Mayors and City Managers Association is <br />authorized to coordinate such legal action and to employ such professional <br />assistance as it may deem necessary to carry out the intention of Sections 1 and <br />2 of this Resolution. <br />Section 4. 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 Association. <br /> <br />