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C ITY OF IdE}RTH QLMSTID
<br />RESOLUI'ION NO. z y 3!
<br />By , 7,J_
<br />RESQLUTION WLQYZIi1G SPBCTAL CQUNSEL `i'O REPF.wSENT THE CITY IN THE
<br />MATTM QF 1'HE APP?*:AL PFrRFWTED BY QTHER MUNIGIPALITTES C3F CUYAHOGA
<br />COUNTY IN THE ALS,pC,&,TION By THE BUDGET COMMISSION QF SAID CQtmTTY
<br />OF FUNDS FROM THE I,()CAL Gt)V'EftM49NT FUND TO 'i BE CITYj, A.ND DECLARING
<br />AN EMERGMCY.
<br />T
<br />WHEREAS., the Budget Comission of Cuyahoga County has heretofore made
<br />allocation to this eity of the sum of $612,040.00j, for the 3rear 1960 from
<br />the Local Goverrrunent Fund., and
<br />TWEREASp other municipali.ties participating in the Local Goverrnasnt Fund
<br />have appealed to the Board of Tax Appats such allocation made to this City., and
<br />'d!lEREA,S, Council deems it necessary to retain special eounsel to represent
<br />the City in defending the action of the -6udget Comission in making said alloca-
<br />tion, and
<br />WHEftEAS,, Coun,cil determines it desirabls to retaaan the Office of Baksr,,
<br />Hostetler & Patterson as such speoial counsel.9 whiah fixm nas indicated tha,t
<br />it is in the position to so represent the City as special counsel in this ma,ttar.,
<br />and for such services would charge the City for said services at the rate of $30
<br />ar_ hour., plus expenses., cost of transcripts., if anyv and obligations inciarred by
<br />virtus of the necessity of retention of expert witnessesi and which total charge
<br />shall not eacceed the sum of Five Thousand Dollars ($5..000.00).. and 3,n the event
<br />said eharges incurred for services rendered as special counsel reach $5.,000.00,
<br />and the matter not then having been completely detarmined, it is understood that
<br />additional ernployment contract for professional services in completing the Tnatter
<br />to termination must then be made,
<br />Nt)W,, THER.EFORE., BE IT RESCLVED by the Council of the City of North Olmsted,,
<br />State of Ohio:
<br />Section 1, That the Service Director is hereby authorized to employ the
<br />firm of Bakerp Hostetler & Patterson as special counsel i.n representing this City
<br />before the Board of l'ax Appeals in the Btate of Ohio in t,he matter of appeals
<br />taken by other municipslities of this county relative to the allocation made to
<br />this City by the Budget Coi+unission of $611,0?0.00 for the year 1960, from the Local
<br />Goverrnnent F1an.d, The Service Director is authorized and directed to forward a copy
<br />of this resolution of employment together w:ith a letter committing this City for
<br />payment to said Fixm for legal services rendered as speciaZ eounsel in this rnatter
<br />at the rate of 4$30.00 an hours and further,, to obligate this City to reimburse
<br />said Firm for expenses over and above said rata for professional serviees for ex-
<br />penses generaTly described to include court costsp 3.f ary; costs of azV transcripts
<br />of proceedi.ngsp photostating of records and documents as rnay be necessary in the
<br />course of the proceed3ngs on appeal together wi.th the e:xpenditures made for necessary
<br />expert witnesses appearing on bahalf of sai.d City in connection with said appeal;
<br />said total axpenditure not to exceed the sum of $S.,OOO.OO.If and mhen the axpenditures
<br />so made equals said sun and the matter not having been finally determined, and if
<br />additional profess.onal services are requ.3sed to bring the matter to a conclia.sion,
<br />an additional contract of emgloyment for said additional services shall be entered
<br />in-t o.
<br />Section 2. That the Service Disector and the Solicitor o.f said City shall
<br />authorize and approve -the use of any expert testiraony said special counsel may
<br />desm necessary i.n representing this City to the end that said charges shall be
<br />kept at a minimurn and large]y by virtue of t,he terms of errtployment now existing
<br />betwesn the City and cDnsult3.ng enginesrs., retained by -the City' in coruiection wi.th
<br />the proposed sanitary sewerage treatment system designed for said City, and by
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