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.a _ CITY OF NORTH OLMSTED ORDINANCE NO. 2000-131 BY.• THE MAYOR AND COUNCIL MEMBERS KASLER, LIMPERT, MCKAY, MII.LER, NASHAR, O'GRADY AN ORDINANCE AUTHORIZING THE DIRECTOR OF LAW TO RETAIN THE SERVICES OF CALFEE, HALTER & GRISWOLD, L.L.P., ATTORNEYS AT LAW, TO REPRESENT THE CITY OF NORTH OLMSTED IN THE CASE OF UNITED STATES v. CIT'Y OF NORTH OLMSTED, CASE NO. 1:95 CV 1109, CONSENT DECREE ENTERED JULY 12, 1995, IN THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION, AND DECLARING AN EMERGENCY. WHEREAS, the City of North Olmsted in the late 1980's experienced vast flooding problems throughout the entire city, resulting in by-passes and over-flows at the sewage treatment plant and the sewage treatment system; and WHEREAS, as a result of the by-passes and over-flows both the Ohio and the U.S. EPA became involved in a controversy with respect to the citing of the City of North Olmstetl for violating environmental protection laws; and WHEREAS, the City of North Olmsted entered into a Consent Decree in 1995, whereby in part the Consent Decree contemplated that stipulated fines and penalties would be paid until such time as the City of North Olmsted was able to bring the sewage treatment system and plant into compliance for a period of eighteen (18) months; and WHEREAS, the City of North Olmsted expended millions of dollars to improve its sewage treatment system and plant in furtherance of compliance with the Consent Decree; and WHEREAS, in November of 1999 the City believed that it was in sufficient compliance with the spirit of the Consent Decree that, the City requested the U.S. EPA to modify the Consent Decree, thereby eliminating any further necessity to have the City operate under the Consent Decree; and WhiEREAS, despite the fact that the City has been in substantial compliance, the U.S. EPA has refused to agree to the modification of the Consent Decree; and WHEREAS, this Council recognizes that there is a specialization in the area of law dealing with the practice of environmental law; and WHEREAS, it is upon the recommendation of the Director of Law that it is necessary to seek the assistance of outside counsel who specializes in the area of environmentallaw; and WHEREAS, the Director of Law has negotiated with the fum of Calfee Halter & Griswold, to provide services to assist the City with respect to the hereinbefore specified lawsuit; and