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CITY OF NORTH OLMSTED RESOLUTION NO. 2402-94 BY: Mayor Musial. A RESOLUTIONAUTHORIZING THE PAYMENT OF TWENTY-SEVEN THOUSAND THREE HUNDRED TWENTY DOLLARS AND FORTY-SIX CENTS ($27,320.46) TO CALFEE, HAL?'ER & GRISWOLD LLP FOR LEGAL SERVICES RENDERED IN CONNECTION WITH THE TERMINATION OF THE IISEPA CONSENT DECREE. WHEREAS, this Council, on September 19, 2000, adopted Ordinance No. 2000-131, which authorized the Director of Law to retain the services of the law firm of Calfee, Halter & Griswold, LLP [hereinafter referred to as "Calfee Halter"], as specialists in the practice of environmental law, to assist the Director of Law in attempting to negotiate a termination of the USEPA consent decree in the case styled as United States of America v. City of North Olmsted, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1: 95 CV 1109; and WHEREAS, the proposal for fees submitted by Calfee Halter in connection with Ordinance No. 2000-131 estimated that the maximum fees to be charged by the law firm to the City would not exceed Thirty-Five Thousand Dollars ($35,000.00); and WHEREAS, the process of negotiating a termination of the Consent Decree took longer and was more complex than anticipated by both the City and Calfee Halter, and required that Calfee Halter provide legal services to the City in this matter for a period of over one and one-half years; and WHEREAS, as a result of the additionallegal services rendered to the City, Calfee Halter has submitted a bill for said services rendered and for costs incurred in the total amount of Sixty- Two Thousand Three Hundred Twenty Dollars and Forty-Six Cents ($62,320.46); and WHEREAS, The Director of Finance has, pursuant to the authorization set forth in Ordinance No. 2000-131, paid to Calfee Halter for services rendered in connection with the USEPA Consent Decree the sum of Thirty-Five Thousand Dollars ($35,000.00), leaving a balance for which Calfee Halter has requested payment in the amount of Twenty-Seven Thousand Three Hundred Twenty Dollars and Forty-Six Cents ($27,320.46); and WHEREAS, in the opinion of the retired Director of Law as well as the current Director of Law, Calfee Halter provided competent and effective legal services to the City, which substantially contributed to the successful effort on the part of the City to terminate the USEPA consent decree, which was completed on May 14, 2002, when federal District Court Judge Ann Aldrich signed and journalized an order terminating the Consent Decree; and WHEREAS, pursuant to R.C. Section 5705.41(D), payment to Calfee Halter may not be made by the Director of Finance until and unless authorized by this Council; and