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RESOLUTION NO. 88- 19 <br />INTRODUCED BY: Mayor Fred N. Carmen <br />A RESOLUTION RETAINING DALE C. FENELI AS LEGAL <br />COUNSEL TO DEFEND MAYOR FRED N.'CARMEN IN TASCA <br />CONSTRUCTION CO.. INC. ET AL V EUGENE C <br />MARCH. ET AL.I THE SAME BEING CASE N0. 143732, <br />CUYAHOGA COUNTY COURT OF COMMON PLEAS, AT AN <br />HOURLY RATE OF SEVENTY FIVE DOLLARS ($75.00) AND <br />DECLARING AN EMERGENCY. <br />WHEREAS, Mayor Fred N. Carmen has been named a Defendant in <br />Tasca Construction Co., Inc., et al. v Eugene C March et al, the <br />same being Case No. 143732 filed in the Cuyahoga County Court of <br />Common Pleas; and <br />WHEREAS, special legal counsel Dale C. Feneli forwarded the <br />Summons and Complaint to the Village insurance consultant with the <br />request that the same be distributed to the appropriate insurance <br />carriers for the municipality to determine which, if any, of those <br />carriers would provide coverage for the pending action; and <br />WHEREAS, American Empire Surplus Lines Insurance Company has <br />indicated that it will provide coverage on the above-captioned claim <br />with the understanding that there is a deductible in the amount of Two <br />Thousand Five Hundred Dollars ($2,500.00) and with the further under- <br />standing that the municipality is required to retain its own defense <br />counsel and submit bills for reimbursement for payment to said defense <br />counsel to the carrierp and <br />WHEREAS, the Mayor and Council of Mayfield Village are <br />desirous of having Dale C. Feneli defend Mayor Fred N. Carmen in the <br />aforementioned action; now, therefore, <br />BE IT RESOLVED SY THE COUNCIL OF MAYFIELD VILLAGE, OHIO, THAT: <br />Section 1. The Mayor and Council of Mayfield Village, <br />Ohio, hereby retain the services of Attorney Dale C. Feneli to defend <br />Mayor Fred N. Carmen in Tasca Construction Co.. Inc., et al. v. <br />Eu4ene C. March, et al., the same being Case No. 143732 filed in the <br />Cuyahoqa County Court of Common Pleas. Attorney Dale C. Feneli shall <br />be compensated at the rate of Seventy Five Dollars ($75.00) per hour <br />for all services rendered in the defense of the aforementioned action. <br />Section 2. That the Council finds and determines that all <br />fozmal actions of this Council relating to the adoption of this <br />Resolution have been taken at open meetings of this Council; and that <br />deliberations of this Council and of its committees, resolting in such <br />formal action, took place in meetings open to the public, in <br />compliance with all statutory requirements including the requirements <br />of Section 121.22 of the Ohio Revised Code.