72-91 Lakewood vs. Plain Dealer - Laserfiche WebLink

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ORDINANCE NO. '72-91 BY: Boscia, Gallagher, Gazzana,' George, Graham, Roth, Smith AN EMERGENCY 'ORDINANCE authorizing and directing the Mayor to enter into a settlement agreement on behalf of the City of Lake- wood' in the case of City of Lakewood vs. Plain Dealer Publishing Co., pending in the U.S. sixth Circuit Court of Appeals, and authorizing the Finance Director to make payment in the amount of $16,065.82. WHEREAS, the City of Lakewood and the Plain Dealer Publish- ing Co. hame been engaged in litigation in the Federal Courts since 1984, including trial proceedings, appellate proceedings, hearing and decision before the United States Supreme Court, and WHEREAS, the City's position on some issues and the Plain Dealer's position on others have been upheld by the United States Supreme Court and the case is currently pending on remand in the U.S. Court of Appeals, Sixth Circuit, and WHEREAS, all the substantive issues for which the case was remanded have been resolved by settlement between the parties, and WHEREAS, the only remaining issue is the propriety and allocation of attorney fees, and WHEREAS, the Law Director, after lengthy negotiations, has negotiated a settlement which provides for payment by the City to the Plain Dealer of out-of-pocket litigation costs related to the appeal to the United States Supreme Court, but not including any fees for the services of attorneys, which he has recommended to the Mayor and Council; now, therefore, WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare, and for the usual daily operation of a municipal depart- ment; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Mayor is and he is hereby authorized an directed to execute a final settlement agreement with the Plain Dealer Publishing Co. in the cases of City of Lakewood vs. Plain Dealer P~blishinq Co. Case Nos. 84-3683, 84-3722, U.S. Court of Appeals,~ .6th Circuit, for which the parties are agreeing to a final settlement of any claims and crossclaims for attorney fees arising out of all aspects of the litigation pending between the City of Lakewood and the Plain Dealer Publishing Co. Section 2. That the Finance Director be and he is hereby authorized to make payment in the amount of $16,065.82 to the Plain Dealer Publishing Co. from the General Fund. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its commit- tees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 4. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all mem- Post-it® Fax Note 7671 Date To LYtvN 6r~.s~'¢(d Fro,. Co, Fax ~ Fax ~