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05/11/1971 Meeting Minutes
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05/11/1971 Meeting Minutes
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1/15/2014 3:48:52 PM
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North Olmsted Legislation
Legislation Date
5/11/1971
Year
1971
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U <br />*t'L??':E? OF THE SPECTF.L MIEETIAIG OF T1IE <br />CQiJNCIL QF Tf?E CITY Gr" NORTH OLMSTED <br />MAY 11, 19 71 <br />7: 30 P.M. <br />Present: Councilmen Boehmer, Gxady, Limpert, Prokasy, Sgeedling, West. <br />Also present: Mayor Raiph E. Chriatman, Finance Director Wi13iam <br />Gerlsch, Law Airectvr J. Hruce Kitchen, Service Directar <br />Henry Caster, City Eixgiaeer Michael Rarhan, Clerk of Council <br />Nora Hill. <br />Absent: President Francis J. 0'Neill and Councilman Virginia Hodgius. <br />In the ab:ence of Fresident 0'Neill meeting was called to order by <br />President Prn Tem Deweq Limpext at 7:45 P.M. <br />Preaident Pro Tem I.impert stated the Special Meeting of C.ouacil was <br />called to receive legal opinion, and eonaideration of Initfative <br />Petition to repeal Ordinsnce No. 71-7. <br />Preeideat Pro Tem Limpert called upon Law Director J. Bruce Kitchen <br />to rendar to Council his opinian and decision on the Initiative Petition. <br />Law Director Ritchen rendered statemeut as follaws: <br />"As Law Director of this Coamautity iC fs ffiy reapansibility to <br />reader a iegal opiaian relative Co the Initiative Petitian to <br />repeal Ordinance No. 71-7, which increased the rates fer the <br />Sanitary Sewerage System Utilitq. <br />In ery capacity as Law D3.rector I am bownd to follow the law, <br />as set forth in the Statutes of thie State, the decisians af the <br />Courts, and the v*ndates of the CThio Constitutiaa. 1'hus, even <br />thangh I recognize the sincere and serious purpase mativ?:tiag <br />the signatures to this petitfan, both theq, as weii as myself, <br />and this Citq must follcnr the law. To avoid anp impaitmesnt of <br />nsy obligation to rematn objective, after Istuclied the Iaw and <br />framed an opinton, I did conault our Bond Counael, Squires, <br />Sanders and Dempsey, Who after another search of the lmw ccmcurred <br />in the status of the law regardis?g this petition. <br />In order to undersLand the 2sga1 effect of this prapoae+d petitiaa <br />some remarke regarding the histary of the expsasicm of our 3anitary <br />Sewer Utility are necessary. <br />The discharge of sewage from our City into the "6lstezs of the State" <br />are governed by the Water Pollution Control Act af Ohio. Under <br />this Iaw the Water Pallution Control Board of the Department of <br />Health sdvised th3.s Citg in the early part of 1968 that in ordsr <br />to rrenew aur perscit to discharge eewage into Rocky River we had <br />to prepare a plan for necessary rastewater tre.attmmeat wcpansfan, <br />place under construction a tqpe of aewage treatmnt tcnoan as
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