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ORDINANCE NO. 13 <br />INTRODUCED BY: Mr. Bennett <br />AN EMERGENCY ORDINANCE AUTHOP.IZING SETTLEMENT OF <br />A LAWSUIT BY THE PAYMENT OF $2,980.00 to SPIETH, <br />BELL, McCURDY & NEWELL COMPANY, L.P.A. <br />WHEREAS, Mayfield Village is a third-party defendant in <br />Case No. 985778 in the Court of Appeals of Cuyahoga County, Ohio, <br />as appealed in Case No. 41404 to the Court of Appeals of Ohio, <br />Eighth Appellate District; and <br />WHEREAS, it is the intention of the municipality to limit <br />its potential liability by entering into a settlement of the third- <br />party claim; now, therefore <br />BE IT ORDAINED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: <br />Section 1. Payment to the law firm of Spieth, Bell, McCurdy <br />and Newell Company, L.P.A. in the amount of Two Thousand Dline Hundred <br />Eighty Dollars ($2,980.00) in full and complete release of the liability <br />of Mayfield Village to the third-party plaintiffs is hereby authorized. <br />Section 2. The Director of Law is authorized and directed <br />to assume complete defense of the appeal of the above litigation. <br />Section 3. The municipality will assume any liabilities <br />arising out of further transactions in the case. <br />Section 4. This is an emergency ordinance immediately neces- <br />sary for the preservation of the health, safety and welfare of the <br />residents of Mayfield Village, Ohio, in that it reduces and controls <br />potential awards which may be made against Mayfield Village as the <br />result of the litigation. It shall therefore take effect immediately <br />upon passage by the affirmative vote of not less than five (5) members <br />elected to Council and approval by the Mayor or otherwise at the <br />earliest time allowed by law. <br />_ C~~i~-+ //~ <br />r~President of Council <br />PASSED: Feb. 18, 1980 ,~ <br />APPROVED : ~ ~,~~~ ~~ ~~i.~---- <br />\~o,~bert G. Beebe, Mayor <br />APPROVED AS TO FORM: <br />Guerin L. Avery, Law Director <br />ATTEST: ~~ .~-camel s ~-~• , .~ <br />Clerk of C F uncil <br />