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<br />RESOLUTIQN
<br />By
<br />REgOLUTIQN PROVIDING ADDZTIONA,L TLIM oF caMMIsATzoN FOx spECzAL aaMEL,
<br />D&;IGNgTED TO BE Y LAW FIRM 4F BAKER, HOSTEfiLM & PATTERSQN, 3'Q 11EFR;E6Etvm
<br />112 CI`1'Y IN `.PHE 1,:0T:C;R OF `1'HE APPFAL I'ERFECTED BY QTHIM IMTTICIPALITI.IZ C1F
<br />CIIY.AFiOGA COUNTY IN TIiE ALLf}CATTE}N OF FOND6 IMflM ?.'HE LOCAL GOVEML'[iTT MdI}
<br />10 THY.r„ CITY QF NOP.mH OZMS`.PEI3, At1D DECLARITdG AId KMRGIlVCX.
<br />WWfTIQJQS, under the terms of Resolution 2931, cextain provisions for compensa-uion
<br />were provided for special counsel employed to represent the city in the matter before the
<br />Tax Board of gppeals of the Sta.te of Ohio a.nvolvi.ng the a,llocation to this city of the su.m
<br />of $611 ,040.00 for the yeax 1960 from the Local Governrnent Fta.nd, a,t1d
<br />?IHE?i.U?, it is desirous to ?nore completely fix and detezqnine compensation ta said
<br />special counsel and for the protection of the city rela.tive to its obligation to said
<br />special counsel, it is determined that the terms of ernployment as established by itesolution
<br />2931, enacted Oc-cober 20, 1959, be clarified,
<br />NOG1, 1I"dlU, BE' .1'2 t'?t;SOU'JED ay the CouaiciZ of the City of I3orth C31msted3
<br />State of Ohio,
<br />Section l: Tha.t the law iirm of Bake:^, riostetler & P??,tterson a,grses, as special
<br />counsel on behalf of the city i.n representa.ra.g it and its pending appeal bef'ore the Board
<br />of Tax Appeals of the State of Ohio, to cha.rge the city the sum of $5,000.00, and Uina.ch
<br />sum the city agrees to pay -for professiona,l services rendered and -to be rendered by said
<br />firm up to and not 3.ncluding the hearinb before the Tax. Board of Appeals sch.eduled tc> 'ue
<br />hea,xd comznencing December 6, 1959. Said charge of $5,000.00 cioes :not include any out:-of-
<br />pocket expenses, including such expenses as photostating of records and miscellaneouz.
<br />expenses, but for such expenses so a_ncurred said city a,grees to reimburse said expeYl;.es
<br />over and above said sum of #S,OOO.UO. Said provision for professional, services does not
<br />include charges of expert witnesses appearing for and on behalf of saicl city, inclucling
<br />the assistance of Ernst & Ernst.
<br />5ection 2: `1'hat swid firm charges to the city for professional services tc be
<br />rendexed in the conduct of the hearing bef'ore the Board of Tax Appeals, sch.eduled to
<br />commence December 8, 1959, in the bxiefing of the case, if so required, and for all
<br />services rendered until the completion of the matter before the Botird of Tax Ai,peals, or
<br />the Boa,rd of Tax Revision as it is zrequently referred to, up to but not includa.ng a
<br />possible appeal to the Supreme Court of Uhio, $30.04 per hour for the time spent by each
<br />lawyer in saa.d firm in the conduct of the trial or in the preparation of said Uriei'.
<br />In the event the allocation to the eity by the Board of Tax Appeals from the Local Govern-
<br />rnent ??lzn.d for the ye??,x 1960 a.s less than $759000.00, -the charge ?'or pro?essional services
<br />hereinbefore referred to in Section 2 of this resolut:ion shall be at the rate of ?1a25.00
<br />per hour rather than at the rate of 4'30.00 per hour. 1lecessary out-of-pocltiet expenses,
<br />generally described as court costs, costs of any transcripts of praeeeding, photastatin
<br />or reproduction of records and documents paid for by said special counsel, shall be
<br />reimbursed to said special counsel by the city over and a,bove th.e charges for professional
<br />services as herein containea. That the terma herein set forth in Sections 1 and 2 of
<br />this resolution are cancurred in by the Council of this city and said charges the citY
<br />a;rees to pa,y to said special courlNe'l.
<br />Section 3: The Council fUl"'th@I' a.grees that char?;es made by expert witnesses or
<br />persons, iirms and corporations used ror special assistance in said proceedings, na,tne:Ly
<br />Alexander Kana,reff, City En-ineer, Floyd G. Brown.e & kssociates, ecnsu.lting enginc,er,
<br />Ernst & Ernst and liayden, T°liller w Co., shall be paid for by the city.
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