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RESOLUTION N0. 82-22 <br />INTRODUCED BY: Mayor & Council as a Whole <br />A RESOLUTION AUTHORIZING THE RETENTION <br />OF THE PORTLAND CEMENT ASSOCIATION AS <br />AN EXPERT WITNESS IN PENDING LITIGATION <br />AND DECLARING AN EMERGENCY. <br />WHEREAS, the municipality has previously cor.unenced <br />litigation against the Aintree North Developmerit Co. and others <br />pertaining to the deterioration of the roadways in the Aintree <br />North DeveTopmerit; and <br />WHEREAS, it is the recommendation of counsel representing <br />the municipality that ari expert witness be retained to testify <br />on behalf of the Village in the trial of the above-mentioned <br />matter; now, therefore, <br />BE IT RESOLVED BY THE COLTNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />Section l. Council hereby authorizes the retention of <br />the Portland Cement Association as an eXpert witness on behalf <br />of the municipality in the above-meritioned periding litigation. <br />Section 2. The fee for the services of the Portland <br />Cement Association, as aforesaid, shall not exceed the sum of <br />Two Thousand Five Hundred Dollars ($2,500.00), which amount shall <br />include services to be rendered by the Portland Cement Association <br />in the taking of addi.tional test cores, the analysis of same <br />and expert witness fees, including travel expenses. <br />Section 3. The Mayor and Finance Director are hereby <br />authorized, empowered and directed to execute whatever contracts <br />or commitments are necessary in order to secure the services <br />of the Portland Cemerit Association as an expert witness for <br />the Village. <br />Section 4. That the Council finds and determines that all <br />formal actions of this Council relating to the adoption of this <br />Resolution have been taken at operi meetings of this Council; and <br />that deliberations of this Council and of its committees, resulting <br />in such formal action,. took place in meetings open to the public, <br />in compliance with all statutory requiremerits, including the <br />requirements of Section 121.22 of the Oh'io Revised Codee <br />Sectiori 5. <br />emergency measure <br />the health, safety <br />in that the expert <br />adequately prepare <br />referred to in the <br />This Resolution is h.ereby declared to be an <br />irunediateTy necessary for the preservation of <br />and welfare of the residents of Mayfield Village <br />witness retained herein is necessary to <br />and present for trial the case of the municipality <br />preamble hereto. It shall therefore take effect