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CITY OF NORTH OLMSTED ? ORDINANCE N0. 79- 20 BY: AN ORDINANCE AUT'HORIZING THE CITY OF NORTH OLMSTED, OHIO, TO JOIN WITH OTHER M[JNICIPALITIES AND THE SUBURBAN WATER TASK FORCE COMNIITTEE OF T'HE CIJYAHOGA COUNTY MAYORS AND CITY MANAGERS ASSOCIATION IN A COORDINATED EFFORT TO PROSECUTE LITIGATION AGAINST THE CITY OF CLEVELAND STYLED, CITIES OF CUYAHOGA COUNTY VS. CITY OF CLEVELAND, CASE NOS. 75 943313 and 76 957186; AND DECLARING AN IIMERGENCY. WHEREAS, water consumers in the City of North Olmsted receive water services from the Water System that is now being operated by the City of Cleveland, and WfIEREAS, the City of North Olmsted on behalf of itself and on behalf of the citizens of this conununity, is a party Plaintiff in the aforesaid litigation, and WHEREAS, over a period of almost two years, the Comonon Pleas Court of Cuyahoga County, his honor Judge George J. McMonagle presiding, has reviewed evidence submitted by the Plaintiffs, some of which includes the following; over thirty witnesses who are expert on the subject of water management and control; volwninous documentary evidence including thousands of pages of factual data surrounding the operation of the Cleveland Water System; analysis and reports from consulting engineers and planners analyzing the Cleveland Water System and its functional capabilities; factual data and testimony concerning the fiscal management of the Cleveland Water System; other matters pertinent to the question as to whether a receiver should be appointed to manage the System, and whether a receiver should be appointed to manage the System, and whether same should be taken from the City of Cleveland and merged into a representative regional authority; and WHEREAS, the Court of Common Pleas has determined in the herein litigation, among other things, that: "The Cleveland Water System is and has been for years in a dilapidated state resulting from neglect, mismanagement, disorganization, and lack of planning. It presents unusual hazards of incalcuable proportions. A State of Emergency actually exists.", and WHEREAS, the Court of Common Pleas has further held that unless the control and operation of the Water System is taken from the City of Cleveland and transfexred to a responsible governmental agency, this emergency situation cannot and will not be corrected, and Wf-iEREAS, the City of Cleveland has appealed the aforesaid determination and asked that the Coimnon Pleas Court determination be overturned, and WHEREAS, the City of North Olmsted and its residents, together with all other users of the Water System, will be deprived of adequate water in the future unless this appeal and any subsequent appeal is vigorously resisted, and tnHERF,AS, the Common Pleas Court has found that the only effective, immediate means of preserving the assets of the Water System and protecting the public health, safety, and welfare in this case is through the instrwnentality of a receiver and the merging of the Cleveland ?qater System into a governmental agency representing all the users of the System. NOW, T'HEREFORE, BE IT ORDAINED BY THE COUNCIL OF TI-IE CITY OF NORTH OLMSTED, OHIO: SECTION 1: That the City of North Olmsted, Ohio, shall join with other affected mtmicipalities in sponsoring engineering and technical studies and in providing legal services and in all other ways necessary to promote and bring to fruition and Court of Common Pleas order in the aforesaid litigation.