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RESOLUTION N0. 85- 7 INTRODUCED BY: Mayor Carmen & Council as a Whole A RESOLUTION AUTHORIZ ING ATTORNEY CHARLES R. MILLER TO ENTER INTO A SETTLEMENT AGREEMENT ON BEHALF OF THE MUNICIPALITY IN HAYFIELD VILLAGE. OHIO y. AINTREE NORTH DEVELOPMENT CO ~ et al , THE SAME BEING CASE N0. 15297 IN THE CUYAHOGA COUNTY COURT OF COMMON PLEAS, AND DECLARING AN EMERGENCY. WHEREAS, the municipality was the- Plaintiff in Mayfield Village. Ohio v Aintree North Development Co et al , the same being Case No. 15297 in the Cuyahoga County Court of Common Pleas; and WHEREAS, the aforesaid litigation concerned the repair of streets within the Aintree North Subdivision; and WHEREAS, prior to commencement of Trial a settlement agree- ment between the parties was proposed that the Mayor and Council feel is fair, just and equitable to all concerned; now, therefore, BE IT RESOLVED BY THE COUNCIL OF HAYFIELD VILLAGE., OHIO, THAT: Section 1. The Mayor and Council of Mayfield Village, Ohio, hereby authorize and direct Attorney Charles R. Miller, Special Counsel for the municipality in the subject litigation, to execute all documents and perf orm all acts necessary in order to enter a settle- ment. agreement in the above-captioned case, said settlement being such that the Village will receive the sum of One Hundred Ten Thousand Dollars (5110,000.00) and will dismiss the pending action against all Defendants, with prejudice. Section 2. That the Council finds and determines that all formal actions of this Council relating to the adoption of this Resolution have been to-ken 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 3. This Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the health, safety and welfare of the residents of Mayfield Village, Ohio, for the reason that the authorization given to the Attorney herein is necessary to expedite the settlement and proceed with the repairs to the subject streets. It shall therefore take effect immediately upon passage by the affirmative vote of not less than four (4) members elected to Council and approval by the Mayor or otherwise at the