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r -. <br />~..,, <br /> <br />ORDINANCE NO. 80-48 <br />INTRODUCED BY: Council as a Whole <br />AN EMERGENCY ORDINANCE ATJTHORIZING SETTLEMENT <br />OF A LAWSUIT BY THE PAYMENT OF THREE THOUSAND <br />FIVE HUNDRED DOLLARS ($3,500.00) PLUS COURT <br />COSTS, TO LAWRENCE J. FLYNN AND WEISMAN, <br />GOLDBERG & WEISMAN, HIS ATTORNEYS. <br />WHEREAS, Mayfield Village is a Third Party Defendant in <br />Case No. 985778 in the Cuyahoga County Court of Common Pleas, as <br />appealed in Case No. 41404 to the Court of Appeals for Cuyahoga <br />County, Eighth Appellate District of Ohio; and <br />WHEREAS, the municipality, in order to limit its potential <br />liability, enacted Ordinance 80-13 on February 18, 1980 whereby <br />payment was authorized in the amount of Two Thousand Nine Hundred <br />Eighty Dollars ($2,980.00) to Spieth, Bell, McCurdy & Newell Co., <br />L.P:A., as.Third Party Plaintiffs, in full and complete release of <br />the liability of Mayfield Village to said Third Party Plaintiffs; and <br />WHEREAS, it is the intention of the municipality to further <br />limit its `potential liability by entering into a settlement of all <br />remaining claims; now, therefore, <br />BE IT ORDAINED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: <br />Section:~.l. Payment to Lawrence J. Flynn and Weisman, <br />Goldberg & Weisman, his attorneys, in the amount of Three Thousand <br />Five Hundred Dollars ($3,500.00) plus Court costs, in full and complete <br />release of the liability of Mayfield Village in the above-captioned <br />action, is hereby authorized.. <br />Section ,2. The Director of Law is hereby authorized and <br />directed to.execute a Judgment Entry to be filed with the Court <br />evidencing the full and complete settlement of all claims in the pending <br />action. <br />Section 3. .This is an emergency~Ordinance immediately <br />necessary for the preservation of the health, safety and welfare of the <br />residents of~Mayfield Village, Ohio, in that it reduces and controls <br />the potential award which may be made against Mayfield Village as~the <br />result of the litigation. It shall therefore take effect immediately <br />upon passage by the affirmative vote of not,less than five (5) members <br />elected to Council and approval by the Mayor or otherwise at the <br />