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<br />Ordinance No. 2004-95 <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COIINTY OF CUYAHOGA, AND STATE OF OHIO: <br />SECTION 1: That the Director of Law is hereby authorized to retain the services of <br />the Law Firm of Walter & Haverfield, LLP, to provide outside legal services to represent and <br />defend the City and all of its named officials in the case of State, ex rel. Musial vs. City of <br />North Olmsted, et al., Cuyahoga County Court of Appeals Case No.04 084201. <br />SECTION 2: That the Mayor be and is hereby authorized to enter into a contract with <br />the Law Firm of Walter & Haverfield, LLP, substantially in the form of the Letter Agreement <br />that is attached to this legislation as Exhibit A, to provide outside legal services in the above <br />referenced case. Said contract shall be in the form and substance as approved by the Director <br />of Law, with only such changes therein as are not substantially adverse to the City and which <br />are approved by the Director of Law. The character of any such changes as not being <br />substantially adverse to the City sha11 be evidenced conclusively by the execution of the <br />agreement by the Mayor and the approval of the agreemen.t by the Director of Law. <br />SECTION 3: That expenditures pursuant to said contract sha11 not exceed Fifteen <br />Thousand Dollars ($15,000) without further authorization of this Council. <br />SECTION 4: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public peace, health, safety and welfare, of <br />this City and for the further reason that this Ordinance is required to be immediately effective <br />in order that the City may timely respond to Court deadlines already established in the case of <br />State, ex rel. Musial v. City of North Olmsted, including a May 28, 2004 deadline; and further <br />provided it receives the affirmative vote of two-thirds of all members of Council, it sha11 take <br />effect and be in force immediately upon its passage and approval by the Mayor. <br />\ <br />PASSED: <br /> <br />L. SEMAN <br />Clerk of Council <br />APPROVED: <br />, <br />? <br />MAYOR NORMAN T. MUSIAL <br />First Reading: -s /0 <br />Second Reading: ? <br />Third Reading: <br />Committee: <br />. <br />THOMAS E. O 'GRADY <br />President of Council <br />2 <br />APPkOVED AS TO LEGAL FORM.• <br />s/,Iames M. Dubelko <br />JAMESM. DUBELKO <br />Director of Law <br />