East Cleveland leader. [volume] (East Cleveland, Ohio) 1942-1970, 1958-07-10

users and City Of Cleveland res
ident users and that such rates
are not based upon sound engi-
neering and financial studies
and are grossly discriminatory
with respect to suburban users,
and
WHEREAS, extended efforts
by officials of suburban munic-
ipalities to negotiate rates with
respect to such utilities which
would be fair and equitable to
all parties concerned and which
would not unfairly discriminate
against suburban users have
failed to bring about an agree
ment on such rates, and
WHEREAS, the City of
Cleveland has refused to extend
the time for fixing the rates to
be charged for such utilities un-
til such time as adequate engi-
neering and financial studies
could be made as basis for de-
termining fair and equitable
rates, and
WHEREAS, this Commission
is Of the opinion that all legal
steps, including the filing and
prosecution of actions in courts
of competent jurisdiction, should
be taken for the purpose of pre-
venting the imposition and col
lection of discriminatory charg-
es for such services and for the
purpose of establishing a fair
and equitable and non-discrimi-
natory rate with respect to each
of such utilities, and
WHEREAS, the Cuyahoga
Mayors and City Managers As
sociation has selected a commit
tee of municipal lawyers to ad-
wise and represent the suburban
municipalities affected by such
proposed rate increases, and
WHEREAS, an emergency
exists for the immediate preser-
vation of the public peace, prop
erty, health and safety of the
residents of the City of East
Cleveland by reason of the ac-
ton taken and proposed to be
taken by the City of Cleveland
in raising such utility rates
without a fair determination of
the bases for such rates.
NOW, THEREFORE, BE 1T
by the Commission
of the City of East Cleveland,
Ohio, four-fifths of all members
elected thereto concurring
SECTION 1: That this Com
mission hereby determines to
join other suburban municipali-
ties in the Cleveland metropol-
ltan area in authorizing the
preparation, filing and prosecu-
ton of actions on behalf of the
City of East Cleveland to assert
the rights of the residents of the
City of East Cleveland and 9TH
er suburban consumers using
such utility services supplied by
the City of Cleveland and to pre-
vent the City of Cleveland from
imposing or collecting the dis
criminatory rates proposed to be
charged such consumers by the
City Of Cleveland.
SECTION 2: That the City
Manager and Director of FL
nance of the City of East Cleve-
and be and they are hereby au-
.horized and directed to enter in
% agreement for the employ
nent of the special legal coun-
'el recommended by the Cuya-
loga County Mayors and City
Managers Association, together
With sich necessary engineering,
and rate experts as
nay be necessary for the prep
aration and trial of such actions.
SECTION 5. That this Com
mission further determines to
participate proratably with 9TH
n participating suburban mu-
inequalities in sharing the cost
# such litigation and all ex-
,enses in connection Herewith,
Is set forth in Section 2, upon
such fair and equitable basis as
nay be later determined and
agreed upon by and between
such participating municipali-
les and as approved by this
Commission.
SECTION A: That this resolu-
ion is hereby declared to be an
emergency measure necessary
or the immediate preservation
# the public peace, property,
lealth and safety of the resi-
lents of the City of East Cleve-
and, such emergency existing
~ reason of the action taken
md proposed to be taken by the
Jity Of Cleveland in raising such
Utility rates without a fair de-
ermination of the bases for
uch rates; and provided it re-
elves the affirmative vote of
our-fifths Of all members elect
d to the City Commission, it
hall take effect and be in force
rom and after it's passage;
therwise, it shall take effect
nd be in force from and after
he earliest period allowed by
aw.
'ASSED: July I, 1858 |
lttest:
Isl G. T. Apthorp
,lerk of the Commission