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<br />THE CLTY bF NORTH.OLMSTED, bHIb
<br />ORDINANCE No. 66-.3~4
<br />By: Mr. Caster
<br />AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL
<br />TO ASSIST IN THE DEFENSE OF A LAWSUIT TO ENJOIN
<br />PERFORMANCE OF THE CITY'S CONTRACT WITH CtJYAHOGA
<br />Cbt"tNTY FnR SEWERAGE SERVICE ON THE BREE7<EWr~(1D
<br />SUBDIVISION, AND DECLARING AN EMERGENCY.
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<br />WH'~REAS, pursuant to Resolution No, 65-82, passed on
<br />April 6, 1965, the City entered into an afzreement with the County
<br />of Cuyahoga, Ohio, effective April 15, 1965, under tiahic~ the
<br />City agreed to receive all acceptable sewage and wastes from a
<br />specified area of the County located in Amsted Township south of
<br />the corporate boundaries of the City, and to transport such sewage
<br />and wastes to the City`s sewage plant for treatment and disposal,
<br />the C~aunty agreeing, in lieu of payment by it to the City, that the
<br />City should be entitled to bill. and collect agreed rates anal charges
<br />from all users of the County area sewers connected to the City's
<br />sewerage system; and
<br />T~iE;~F.A3, a .lawsuit has been co~aenced in the Cuyahoga
<br />County Common Pleas Court against the Board of County Cotamissionezs
<br />of CuyahaRa County, the City of North Olmsted, the Mayor of the City.
<br />of North C-lmsted, and others, under the style "Robert H. JohnR,et al
<br />v. County of Cuyaho~~~_et al." being Case No. 823765 on the docket
<br />of said Court, in which suit certain residents of the Breezewooa
<br />Subdivision in Olmsted Township, Cuyahoga County, Ohio, located within
<br />the county area identified in the contract of_ April 15, 19Ei5, seek
<br />to enjoin the City of North Olmsted from constructing; a sanitary
<br />sewer into the Breeaewc~od Subdivision and from collecting sewerage
<br />charges from residents or property owners in the Breezewood Subdi-
<br />vision; and
<br />WHEREAS, the facilities constructed and to be constructed
<br />by the City in Area 3 of its sewerage system have been and are being
<br />constructed with a greater capacity than that which would be necessary ,
<br />to serve the needs of the Citv only, i.n reliance on said contract
<br />between the City and the`County, and at a greater cost than would have
<br />been incurred had the county area been excluded from the territory to
<br />be served by the Area 3 sewerage svster~;~d
<br />WHEREAS, the defense of the said lawsuit i~, i.mportant for
<br />the protection of the City's revenue from the said Area 3 sewerage
<br />system, which system is being financed in part through the issuance of
<br />general obligation notes and bonds in the estimated amount of
<br />$1,430,OOfl, the principal and interest of which it is anticipated will
<br />be paid from revenues of the City's seweragE} svsterr.; and
<br />rfHEREAS, Council deems it desirable, on the advice and with
<br />the concurrence of the Director of Law, to provide f,or the services of
<br />special counsel to assist the Director of Law in the preparation of the
<br />City's case and the trial of said lawsuit;
<br />.NOW, 'IHI~LEFORE, be it ordained by the Ge~uncil of the
<br />City of. North nlmsted, bhio:
<br />Section 1. That the law firm of Squire, Sanders and
<br />Dempsey, of Cleveland, (?his, be, and they hereby .are, employed ~s
<br />special counsel to assist in the defense of the City of North Olmsted
<br />and the Manor of the City of North Olmsted in the case of Robert H.
<br />Johns, et al v. Ccaunty of Cuyahflg8, et al., Cause No. 823765 in the
<br />Court of Common Pleas, Cuyahoga County, f~ho, The services to be
<br />furnished by such special counsel sha13 include the preparation of
<br />pleadings and briefs in. the Court. o;E Conunon Pleas; such apt~+earances and
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