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RESOLUTION N0. 86-7 INTRODUCED BY: Mayor Carmen & Council as a Whole A RESOLUTION AUTHORIZING THE MAYOR AND DIRECTOR OF FINANCE TO EXECUTE A CONTRACT WITH ATTORNEY LOUIS H. ORKIN AS SPECIAL COUNSEL TO ASSIST THE DIRECTOR OF LAW IN PURSUING AN APPEAL OF THE WEISBERG LITIGATION TO THE OHIO SUPREME COURT AND DECLARING AN EMERGENCY. WHEREAS, the Council of Mayfield Village, Ohio, has previously adopted Resolution Nos. 85-8 and 85-60 retaining the services of Attorney Louis H. Orkin as special counsel to assist the Director of Law in defending the municipality in the Wejsbera liti- gation in the Cuyahoga County Court of Common Pleas and Court of Appeals for the Eighth Appellate District, respectively; and WHEREAS, the municipality received a favorable decision in the Trial Court but which decision was reversed on appeal; and WHEREAS, the Mayor and Council are desirous of continuing the services of Attorney Louis H. Orkin as special counsel to assist the Director of Law in pursuing an appeal to the Ohio Supreme Court; now, therefore, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: Section_l. The Mayor and Director of Finance are hereby authorized and directed to enter into a contract with Attorney Louis H. Orkin to assist the Director of Law in pursuing an appeal of Albert Weisberg,1 et al. v. Vzllage of Mayfield to the Ohio Supreme Court. Attorney Louis H. Orkin shall be paid a fee in the amount of Ninety Dollars ($90.00) per hour f or services to be rendered at the request and under the direction of the Director of Law, provided that such fee does not exceed the sum of Three Thousand Five Hundred Dollars ($3,500.00). Section 2. That the Council finds and determines that all formal actions of this Council relating to the adoption of this Resolution have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code. . Section 3e This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the health, safety ana welfare of the residents of Mayfield Village for the reasons set forth in the preamble heretoo It shall therefore take eff ect immediately upon passage by the affirmative vote of not less than four (4) members elected to Council anc3 approval by the Mayor or